FOIA Production From National Park Service 4

1/2/14 DEPARTMENT OF THE INTERIOR Mail - Re; Georgetown Waterfront Park
e I, Stev ... steve lobf l@nps gov

Re: Georgetown Waterfront Park
LeBel, Steve <steve_lebel@nps. goV> Mon, Dec 3, 2012 at 4:01 PM
To: Susan Newton <snewton@nat ionalparks.org>
Susan, how timely! Let's do just that. I need to brief you on where we're at in the process, and to let you know
our next step, which in\()lves NPF. I'm open until 11 :00 tomorrow (Tuesday.) Can I call you at a time
to you?

On Mon, Dec 3, 2012 at 3:40 PM, Susan Newton <snewton@nationalparks.org> wrote:
Steve -
Just following up from voice mail last week. I'd like to discuss with you transferring the lease NPF
currently holds for the rental of Jack's Boat House to t he National Park Servi ce . Would there be a good
time for us to talk this week?
Thanks,
Susan Newton
Vice President, Operations and Program Implementation
National Park Foundation
1201 Eye Street NW, Suite 5508
Washington, DC 20005
202. 354. 6493 dire ct
Celebrating 45 Years of Support for America's National Parks
This holiday season join the National Park Foundation's "45 Days of Giving"
Visit www.nationalparks.org/Give4S.
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1/2114 DEPARTMENT OF THE INTERIOR Mai l Re: GeorgetO'M"I Waterfront Park
https://mail .g oog le.com'mai l/u/O/?ui =2&ik-of9191 ba2e4&\oiew; pt&search=sent&th= 13b629347d478144 212
1/2/14 DEPARTMENT OF THE INTERIOR Mail Re: Draft 2.5.12 Slml4n Vacate Notice
<<;t ve bPI a np<; gov
Re: Draft 2.5.12 Simkin Vacate Notice
LeBel, Steve <steve_lebel@nps.goV> Wed, Dec 12, 2012 at 1:04 PM
To: Susan Newton <snewton@nationalparks.org>
Thanks so much. We're ready to go to pri nt with the future concession opportunity at the site, but need to send
noti ce to Simkin before we release the FedBizOps notice. We're committed to having someone in place the day
after Simkin vacates, so every minute is crucial. Thanks again for what you've done so far. If there's anything
you can do to facilitate their review, it would be greatly appreciated.
On Wed, Dec 12, 2012 at 12:54 PM, Susan Newton <snewton@nationalparks.org> wrote:
Steve,
We haven;t forgotten about this I We sent to our l aw fi rm for their review, and I' m awaiting t hei r
response. I'll get back to you ASAP.
Susan
From: LeBel, Steve [mailto:steve_lebel@nps.gov]
Sent: Wednesday, December OS, 2012 12:25 PM
To: Susan Newton
Subject: Draft 2.5.12 Simkin Vacate Notice
Susan, please find attached the vacate notice we've discussed, for your r.eview. We urgently seek NPF
concurrence. As you understand time is of the essence. I'll follow this email with a phone call.
Steve LeBel
Deputy Associate Regional Director, Operations and Education
Program Manager, Office of Business Services
National Capital Region, National Park Service
Phone: (202) 619-7072
Fax: (202) 619-7157
https://mail.google.com'mail/u/O/?ui;:;2&ik;f9191ba2e4&"4ew=pt&search=sent&th=13b904997cdd8285 1/2
DEPARTMf'.Nl OF THE INTERIOR Mail - Re; Draft 2.(;:12 Vacate Notlco
The information contained in t11is message may be protected by attorney-client or other pri-,ilege. It is intended
for the use of the indi-,iduals to whom it is sent. Any pri-,ilege is not wai\l'ld by -,irtue of this ha-,ing been sent
by e-mail. If the person actually recei,in9 this message or any other reader of this message is not a named
recipient, any use, dissemination, distribution, or copying of this communication is prohibited. If you recei\
this message in error, please contact the sender.
Ste\ LeBel
Deputy Associate Regional DireGtor, Oprnations and Education
National Capital Region, National Park Ser\ice
Phone: (202) 619-7072
Fax: (202) 619-715'7
The information cont<1ined in thiG messuc;c 'm:iy be protected by attorney-client or other pri'iilege. It is intended
for the use of the indi'iiduals to whom it ic: si;w1t. Any pri-,ilege is not wai\l'ld by -,irtue of this ha'iing been sent by
e-mail. If the person actually recei'iing this message or any other reader of this message is not a named
recipient, any use, dissemination, distribution, or copying of this communication is prohibited. If you recei\ this
message in error, please contact the sander.
http$ :/lrn.-1i I ,g oog I e. comi'rnai l/u/O/?ui"' 2&i ku. f91 91 & view-; san1&th::.! 130904997 cdd8285 2/2
1/2/14 DEPARTMENT OF THE INTERIOR Mall - Re: Draft 2.5.12 Simkin Vacate Notice
el, Steve <steve lebcl Wnps gov
LeBel, Steve <ste'._lebel @nps.goV> Thu, Dec 13, 201 2 at 9:13 AM
Thanks Susan. Could you comment on the draft in track changes and send it to us for consideration?
On Thu, Dec 13, 2012 at 8:48 AM, Susan Newton <snewton@nationalparks.org> wrote:
Steve,
After reviewing internally and with our Counsel, NPF does have suggested changes to t he letter. In
brief, our recommendation is to keep it as a simple vacate notice. All who have reviewed the lease
(your side, our side) see that it's cl ear that we can give 30 days notice. We'd like to keep it at that.
Opening up other topics, such as are they actually assigned the l ease or whether NPS is going to offer
them a chance to be a fut ure concessionaire, serves to give them points on which to continue the
dialogue, which is not our goal. We' d like them to vacate, so let's keep it at that since we have the
authority to do so.
Please let me know the best way proceed.
Thanks,
Susan Newton
202. 354. 6493 dire ct
Celebrating 45 Years of Support/or America's National Parks
https://mai l .g oog le.com'mail/u/O/?ul= 2&1k:f9191 pt&search sent&th 13b949cabc5c268a 1/4
1/2/14 DEPARTMENT OF THE INTERIOR Mail Re: Draft 2.5.12 Simkin Vacate Notice
This holiday season join t he National Park Foundati on' s
11
45 Days of Giving"
Visit www.nationalparks.org/Give45.
From: LeBel, Steve [mailto: steve_lebel@nps.gov]
Sent: Wednesday, December 12, 2012 1:04 PM
To: Susan Newton
Subject: Re: Draft 2.5.12 Simkin Vacate Notice
Thanks so much. We're ready to go to print with the future concession opportunity at the site, but need to
send notice to Simkin before we release the FedBizOps notice. We're committed to having someone in place
the day after Simkin vacates, so every minute is crucial. Thanks again for what you'\e done so far. If there's
anything you can do to facili tate their review, it would be greatly appreciated.
On Wed, Dec 12, 2012 at 12:54 PM, Susan Newton <snewton@nationalparks. org> wrote:
Steve,
We haven't forgotten about this! We sentto our law firm for their revi ew, and I'm awaiting thei r
Susan
To: Susan Newton
Susan, please find attached t he vacate notice we've discussed, for your review. We urgently seek NPF
https://mail .goog le.com'mai l/u/O/?ui 2&i k-f919'1ba2e4&view;;pt&searchsent&th;;13b949cabc5c268a 214
1/2114 DEPARTMENT OF THE; INTERIOR Moil Re: Draft 2.5.12 S i m ~ n Vacate Notico
Steve LeBel
Phone: (202) 619-7072
Fax: (202) 619-7157
The information contained in this message may be protected by attorney-client or other privilege. It is intended
for the use of the individuals to whom it is sent. Any pri\ilege is not waived by virtue of this having been sent
by e-mail. If the person actually receiving this message or any other reader of this message is not a named
recipient, any use, dissemination, distribution, or copying of this communication is prohibited. If you receive
Steve LeBel
Phone: (202) 619-7072
Fax: (202) 619-7157
for the use of the indi\iduals to whom i: is sent. Any pri\ilege is not waived by virtue of this having been sent
Steve LeBel
Program Manager, Office of Business Seniices
llllps://mai I .g <X>g I a. comlmai l/ulO/?ui "2&i k= 19191 ba2e4 ~ eV>F pt&sear cl'" sent&lh" 13b9'19cabc5c261la 3/4
1/2/14
Phone: (202) 619-7072
Fax: (202) 619-7157
DEPARTMENT OF THE INTERIOR Mail" Re; Draft 2.5.12 S l m ~ n Vocoto Notlco
The information contained in thi<; rness<1go may be protected by attorney-client or other pri-..ilege. It is intended
for the use of the indi-..iduals to whom it is ,;cmt. Any pri-..ilege is not waiwd by -..irtue of this ha-..ing boon sent by
e-mail. If the person actually recc-iil.ing this moss age or any other reader of this message is not a named
recipient, any use, dissemination, distribution, or copying of this communicstion is prohibited. If you receiw this
message in error, plm1se contact the sender.
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414
1/2/14 DEPARTMENT OF THE INTERIOR Mail Re: Draft 2.5.12 Simldn Vacate Notice
e St ve <stcv<' lcb l(a nps gov
LeBel, Steve Fri , Dec 14, 2012 at 4:16 PM
Here's an edited ion of the letter Incorporating your comment. Please advise if this is acceptable, and if so,
when may we deli\r the final version of NP F's signature.
On Fri, Dec 14, 2012 at 12:34 PM, Susan Newton <snewton@nationalparks.org> wrote:
Well, I didn' t make yesterday But here's a revi sed ve rsion.
Susan
From: Susan Newton
Sent: Thursday, December 13, 2012 10:22 AM
To: 'LeBel, Steve'
Subject: RE: Draft 2.5.12 Simkin Vacate Notice
Of course I I'll send revi sions t oday.
From: LeBel, Steve [ mailto:steve_lebel@nps.gov]
sent: Thursday, December 13, 2012 9: 13 AM
To: Susan Newton
'
Steve,
https ://mail .g oog le.com'rnail/u/O/?ui :;2&i k= f9191ba2e4&"1ew=pt&search=sent&th=13b9b46999cc566e 1/5
1/2/14 DEPARTMENT OF THE INTERIOR Mail Re: Draft 2.5.12 Siml<in Vacate Notice
After reviewi ng internally and with our Counsel, NPF does have suggest ed changes t o t he letter. In
brief, our recommendation is to keep it as a simple vacate noti ce. Al I who have revi ewed t he lease
(your side, our side) see that it's clear that we can give 30 days notice. We' d l ike to keep it at t hat.
Opening up other topics, such as are they actual ly assigned t he lease or whether NPS is going to offer
t hem a chance to be a future concessionaire, serves to give t hem points on whi ch to continue t he
dialogue, whi ch is not our goal. We'd like them to vacate, so let's keep it at t hat since we have t he
authority to do so.
Please let me know the best way proceed.
Thanks,
Susan Newton
202. 354. 6493 direct
This holiday season j oin the National Park Foundation's "45 Days of Giving"
Vi sit www.nationalparks.org/G ive45.
R'om: LeBel, Steve [mailto: steve_lebel@nps.gov]
https://mail .g oog le.com'mai l/u/O/?ui " 2&i i<"f9191 ba2e4&1Aevr- pt&search"' sent&lh" 13b9b46999cc566e 215
1/2/14 DEPARTMENT OF THE INTERIOR Mail - Re: Draft 2.5.12 Simkin Vacate Notice
To: Susan Newton
Subject: Re: Draft 2.5.12 Simkj n Vacate Notice
the day after Simkin vacates, so every minute is crucial. Thanks again for what you'\.e done so far. If there's
anything you can do to faci litate their review, it would be greatly appreciated.
On Wed, Dec 12. 2012 at 12:54 PM, Susan Newton <snewton@nationalparks.org> wrote:
Steve,
We haven't forgotten about t hi s! We sent to our l aw firm for their revi ew, and I' m awaiting thei r
Susan
To: Susan Newton
Subject: Draft 2.5.12 Simkln Vacate Notice
Susan, please find attached the vacate notice we've discussed, for your review. We urgently seek NPF
concurrence. As you understand time is of the essence. I'll follow this email with a phone call .
Stew LeBel
Program Manager, Offi ce of Business Services
Phone: (202) 619-7072
Fax: (202) 619-7157
The information contai ned in thi s message may be protected by attorney-client or other privilege. It is intended
for the use of the individuals to whom it is sent. Any privilege is not waived by virtue of this having been sent
recipient, any use, dissemination, dist ribution, or copying of this communication is prohibited. If you recei\.e
https://mail .g oog le.com'mail/u/O/?ui= 2&i k=; f9191ba2e4&view=pt&search"sent&lh" 13b9b46999cc566e 3/5
1/2/14 Dt:PARTMENl OF THE INTERIOR M;::ilJ M Re: Draft 2.5.12 Simkin Vacate Notlc('l
this message in error, ple<lSEJ contact ti"' sender.
Steve LeBel
Program Manager, Office of l:lusiness Survices
National Capital Region, National Park Sor'Vice
Phone: (202) 619-7072
Fax: (202) 619-7157
for the use of the individuals to whom ii is sent. Any privilege is not waived by virtue of this having been sent
this message in error, please contact tho sender.
Ste\13 LeBel
Deputy Associate Regional Director, Cparations and Education
Program Manager, Office of Business .':>:Jrvices
National Capital Region, National Park Sel'Ace
Phone: (202) 619-7072
Fax: (202) 619-7157
The information contained in this message may be protected by attorney-client or other privilege, It is intended
tor the use of the indiV.duals w whom i: 1s s0nt. Any privilege is not waived by virtue of this ha\ing been sent
by e-mail. If the person actually receivin(J this message or any other reader of this m0ssage is not a named
recipient, any use, dissemination, disi1il,ution, or copying of this communication is prohibited. If you receive
this message in error, ple<1se contact UH <'ender.
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1/2114 DEl'ARTMEN OF THE INTERIOR Mall - Ro: Oraft 2.5.12 Simkin Vacate Notice
Ste-.e LeBel
Deputy Associate Regional Director, Opon1tions and Education
Program Manager, Office of B1.k;iness SH"1ces
National Capital Region, Nationnl Park S.c.r"1ce
Phone; (202} 619"7072
Fax: (202) 619"7157
The information contained in tllh 111eSSiliV '"''Y be protected by attorney"client or other pri\11ege. It is intended
for the use of the indi;idua1,, tu whom it i:, ;;a1t. Any pri;ilege is not wai-.ed by ;irtue of this ha;ing been sent by
e-mail. If the person actually rccei;ing tl1;:,; mos sage or any other reader of this message is not a named
recipient, any use, dissemination, distrit1ution, or copying of this communication is prohibited. If you receiw this
message in error, please cont:.1Gt these; k11.
l@j 12.14.12 Draft Simkin Notice to V2icate.docx
23K
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DATE
Mr. Paul Simkin, Managing Member
Jack's Canoes & Kayaks, LLC
3500 K Street, N.W.
Washington, D.C. 20007
Dear Mr. Simkin:
As you are aware, the property upon which Jack's Canoes & Kayaks, LLC conducts business
became a part of Rock Creek Park when the District of Columbia transferred jurisdiction over certain
property along the Georgetown Waterfront to the National Park Service. This 1984 transfer Included the
October 1, 1973, month-to-month lease (as amended in 1982)Jor.the property popularly known as Jack's
Boat House, located at 3500 K Street. N.W. Washington, DC 20007, and said lease was assigned to the
National Park Foundation.
This letter serves as notice to Jack's Canoes & Kayaks, LLC, to terminate its occupancy of the
leased premises. Please vacate the property on or before 11 ;59 PM on January 31, 2013, and remove all
personal property from the premises. The National ParkService understands thatJack's Canoes &
Kayaks, LLC has contracts with third parties for the storage of prlvately"owned canoes.and/or kayaks on
the premises. Please notify all contract holders to remove their property on or before 11 :59 PM on
January 31, 2013, as well, and assist themwlthaccess to the premises for that purpose. Any personal
property remaining on the premises after that date maybe consideredabandoned, and the National Park
Service expressly refuses to assume any liability for the property of third. parties left at the premises.
Notwithstanding the foregoing,the National Park Service.would appreciatereceiving contact information
for any party that may.not have removed its boat as of1t:59 PM cm January 31, 2013.
In consideration foryour anticipated cooperation in this matter, as detailed in the provision directly
above the block for Jack's Canoes & Kayaks, LLC on page 2 of this letter (the "Conditions"),
effective uponreceipt from you on or beforeDecember 31,2012, of an executed copy of the enclosed
counterparr6riginal of this letter, the t>Jational Park Service and National Park Foundation will agree to
waive the usual monthly reritatfor the month of January 2013. This waiver of monthly rental is contingent
upon the Conditions being met Failure to meet the Conditions will trigger an automatic revocation of the
waiver.
Please direcfany questionsto Steve LeBel, Deputy Associate Regional Director, National Capital
Region, at (202) 619-7072. Thank.you for your attention to this important matter.
Sincerely,
Stephen E. Whitesell
Regional Director, National Capital Region
cc: National Park Foundation
Tara Morrison, Superintendent, Rock Creek Park
bee: Steve LeBel, NCR"OBS
Mr. Paul Simkin
January 24, 2014
Lisa Mendelson"lelmini
Philip Selleck
CONCUR:
National Park Foundation, as the Successor Lessor
under the October 1, 1973, lease (as amended in 1982)
By:
-------------
Name (Print): ________ _
Title:------------
Date: ___________ _
In exchange for waiver of the implied rent for the month of January, 2013, Jack's Canoes & Kayaks, LLC
agrees (i) to vacate the premises on or before 11:59 PM on January 31, 2013, removing all its personal
property and leaving the premises free of debris; (ii) to notify all its customers who store non-motorized
boats on the premises, on or before December 31, 2012, to remove their personal property by 11 :59 PM
on January 31, 2013, and to provide a copy of such notices and customer contact information to the
National Park Service by December 31, 2012; and (iii) to turn over to the National Park Service on
February 1, 2013, a list of current contact information, including names, addresses and, if known,
telephone numbers, for any of its customers who have not removed their non-motorized boats from the
premises by January 31, 2013.
By: ___________ _
Name: Paul Simkin
Title: Managing Member
1/2/14 DEPARTMENT OF THE INTERIOR Mai l Re: Draft 2.5.12 Slml<in Vacate Notice
Bol, Stnvc <steve lebel@Pps.gov
LeBel, Steve <steve_lebel@nps. goV> Fri, Dec 14, 2012 at 4:40 PM
To: Susan Newton <snewton@nationalparks.org>, Philip Selleck <Philip_Selleck@nps.goV>
Can you sign the letter for Neil ?
Steve -this i s acceptabl e to NPF. I'll be here until Spm this evening ... not sure how long Neil will be
here. I' ll check in with him.
Susan
A'om: LeBel, Steve [mailto: steve_lebel@nps.gov]
sent: Friday, December 14, 20124: 17 PM
To: Susan Newton
Here's an edited version of the letter incorporating your comment. Please ad\1se if this is acceptable, and if
so, when may we deliver the final version of NP F's signature.
On Fri , Dec 14, 2012 at 12:34 PM, Sus;in Newton <snewton@natlonalparks.org> wrote:
Well, I didn't make yesterday But here's a revised version.
Susan
From: Susan Newton
To: 'LeBel, Steve'
https://mai l .google.com'mail/u/O/?ul=2&ik=f9191ba2e4&\1ew=pt&search=sent&th"' 13b9b5c85aec1494 1/6
1/2/14 DEPARTMENT OF THE INTERIOR Mall - Re: Draft 2.5.12 Simldn Vacate Notice
Of course! I'll send revisions t oday.
Sent: Thursday, December 13, 2012 9: 13 AM
To: Susan Newton
On Thu, Dec 13, 2012 at 8: 48 AM, Susan Newton <snewton@nationalparks.org> wrote:
Steve,
After reviewing internally and with our Counsel, NPF does have suggested changes to the letter. In
bri ef , our recommendation is to keep i t as a simpl e vacate notice. Al l who have reviewed the lease
(your side, our side) see that i t ' s cl ear t hat we can give 30 days notice. We' d I ike to keep it at that.
Opening up other topi cs, such as are t hey actually assigned the lease or whether NPS is going to offer
them a chance t o be a future concessionai re, serves to give them points on which to continue the
dialogue, whi ch is not our goal. We'd like t hem to vacate, so let' s keep it at that since we have the
authority to do so.
Pl ease let me know the best way proceed.
Thanks,
Susan Newton
National Park Foundati on
1201 Eye Street NW, Suite SSOB
202.354.6493 direct
hltps://mail .goog le.com'mai l!u/O/?ui = 2&1 k= f9191 ba2e4&1.1ew= pt&scarch sent&th= 13b9b5c85aec1494 216
1/2/14 DEPARTMENT OF THE INTERIOR Mail Re: Draft 2.5.12 Siml4n Vacate Notice
Thi s holi day season joi n t he National Park Foundati on' s "45 Days of Giving"
From: LeBel; Steve [mailto: steve_lebel@nps.gov]
sent: Wednesday, December 12, 2012 1:04 PM
To: Susan Newton
the day after Simkin vacates, so every mi nute is crucial. Thanks again for what you've done so far. If there's
anything you can do to facilitate their review. it would be greatly appreciated.
On Wed, Dec 12, 201 2 at 12:54 PM, Susan Newton <snewton@nationalparks.org> wrote:
We haven't forgot t en about this! We sent t o our law firm for their review, and I' m awaiting their
Susan
From: LeBel, Steve [mai lto: steve_lebel@nps.gov]
To: Susan Newton
Susan, please find attached the vacate notice we've discussed, for your rel.Aew. We urgently seek NPF
hllps://r'r'ill l .g oog le.conVmai llu/Onui= 2&ik= f9191 ba2e4&>ievr-rite.search= sent&th= 13b9b5c85aec1494 316
1/2/14 DEPARTMENT OF THE INTERIOR Moll - Ro: Drott 2.5.12 Siml<in Vt\cala Notice
concurrence. As you understand ti mo is of the essence. I'll follow this email with a phone call.
Ste\e LeBel
National Capital Region, National Park SeNce
Phone: (202) 619-7072
Fax: (202) 619-7157
Tue information contained in this message may be protected by attorney-client or other privilege. It is intended
for the use of the individuals to whom it is sent. Any privilege is not wai\ed by virtue of this having been sent
Ste\e LeBel
Deputy Associate Regional Director, Operations and EdL1cation
Program Manager, Office of Business SeNces
National Capital Region, National Park SeNce
Phone: (202) 619-7072
Fax: (202) 619-7157
Tue information contained in this mes<;ago may be protected by attorney-client or other privilege. It is intended
for the use of the individuals to whom it is sent. Any privilege Is not wail,\'ld by \irtue of this ha\ing been sent
recipient, any use, dissemination, distribution, or copying of this communication is prohibited. If you receil,\'l
hllps ;/Imai I .g oog I e. com'mai llu/Ol?ui 2&i k" f9191 p!R-.o cor ch" senl&ll\" 13b9b5c05aec 149<\ 410
1/?J14 l.llcPARTMENT OF THE INTERIOR Mail - Ro: Draft 2.5.12 Simlin Vacate Notice
Ste'-'3 LeBel
National Capital Region, National Park Ser"1ce
Phone: (202) 6197072
Fax: (202) 619-7157
The information contained in this message may be protected by attorney-client or other pri'11ege. It is Intended
for the use of the indi'1duals to whom i: is sent. Any pri'11ege is not waived by '1rtue of this ha'1ng been sent
this message in error, please contact lhe sender.
Steve LeBel
Program Manager, Office of Susimlss 3ervices
National Capital Region, Nstional Park Ser'1ce
Phone: (202) 619-7072
Fax: (202) 619-7157
The information contained in this message may be protected by attorney-client or other pri'11ege. It Is Intended
for the use of the indi'1duals to whom i'c is sent. Any pri'11ege is not waived by '1rtue of this ha'1ng been sent
by e-mail. If the person actually receiving this message or any other reader of this message Is not a named
recipient, any use, dissemination, distribution, or copying of this communication is prohibited. If you recei'-'3
this message in error, please the sender.
Ste1,13 LeBel
Deputy Associate Regional Dimctor, OpfYdions and Education
Program Manager, Office of Bucc;iness Ser1ficos
National Capital Region, Ncitiorwl Park
https ://rnai ! .g oog I o.comi'1nai l/uJO/?ui'" 2&i fv::; ffrl 91 t.lHl.:0 & vlew..:::. pt&so<lr ch::. sent&th.., 13b9b5c85aec 1494 516
1/2114
Phone: (202) 619-7072
Fax: (202) 619-7157
OicPARTMENT OF THE INTERIOR Mall - Ro: Drolt 2.5.12 Simkin Vacato Notlco
The information contained in rnessaw> may be protected by attorney-client or other privilege. It is intended
for the use of the tu wtiom it is :;en\. Any privilege is not wai-.ed by virtue or this having been sent by
e-mail. If the person actL1ally roceivino message or any other reader of this mCJssage is not a named
recipient, any use, dissemination, distribution, or copying or this communication is prohibited. If you receive this
messaoe in error, please contact the sendor.
https ://rnai I ,g oog !e. com'mai l/uJO/?ui = 2&i k= 191 91 b;:i2i:YI & view::. pt8 .. search;;::; sent&th= 13b9b5c851lf.!C 1494 6/6
1/2114 DEPARTMENT OF THE INTERIOR Mall - Re: Draft2.5.12 Simkin Vacate o ~ c e
t vu stcv I b I lln gov
LeBel, Steve <steve_lebel@nps.goV> Fri, Dec 14, 2012 at 4:42 PM
To: Susan Newton <snewton@nationalparks.org>, Philip Selleck <Philip_Selleck@nps.goV>
We'll hand deliver it Monday, OK?
Yes, and I'll be in al l next week.
Sent: Friday, December 14, 2012 4:41 PM
To: Susan Newton; Philip Selleck
Subject: Re: Draft 2.5. 12 Simkin Vacate Notice
Can you sign the letter for Nei l?
Steve -this i s acceptable to NPF. I'll be here until Spm t hi s eveni ng ... not sure how l ong Neil wi ll be
here. I'l l check in wi th hi m.
Susan
Sent: Friday, December 14, 20124:17 PM
To: Susan Newton
Subject: Re: Draft 2.5.12 Si mki n Vacate Notice
Here's an edited version of the letter incorporating your comment. Please advise if this is acceptable, and if
so, when may we deliver the final versi on of NP F's signature.
On Fri , Dec 14, 2012 at 12:34 PM, Sussm Newton <snewton@nationalparks.org> wrote:
hltps://mail .g oog le.comlmai l/utOn ui=2&ik= f9191 ba2a4&1Aew= pt&searchsent&th= 13b9b5e8f2c36455 1/6
112/14 DEPARTMENT OF THE INTERIOR Mail - Re: Draft 2.5.12 Siml<in Vacate Notice
Well , I didn't make yesterday But here's a revised version.
Susan
From: Susan Newton
sent: Thursday, December 13, 2012 10:22 AM
To: 'LeBel, Steve'
Of course! I'll send revisions today.
Sent: Thursday, Decembe1- 13, 2012 9:13 AM
To: Susan Newton
Subject: Re: Draft 2.5.12 Simki n Vacate Notice
Steve,
After reviewing internally and with our Counsel, NPF does have suggested changes to the l etter. In
brief, our recommendation is to keep it as a simpl e vacate notice. All who have reviewed the l ease
(your side, our side) see that it's clear that we can give 30 days notice. We'd like to keep it at that.
Opening up other topics, such as are they actually assigned the l ease or whether NPS i s going to offer
them a chance to be a future concessionaire, serves to give them points on which to continue the
dialogue, which i s not our goal. We'd like them to vacate, so l et's keep it at that since we have the
authority to do so.
Please l et me know the best way proceed.
Thanks,
https:llmail .g oog le.com/maillulO/?ul= 2&1 ko: f9191 ba2e4&\1ew= pt&search= sent&lh"' 13b9b5e8f2c36455 216
1/2/14 DEPARTMENT OF THE INTERIOR Mail - Re: Draft 2.5.12 SimlOn Vacate Notice
Susan Newton
Vice President, Operati ons and Program Impl ementation
202.354.6493 direct
Thi s holiday season join the National Park Foundation' s "45 Days of Giving"
Sent: Wednesday, December 12, 2012 1: 04 PM
To: Susan Newton
send notice to Simkin before we rel ease the FedBizOps notice. We're committed to having someone in place
the day after Simkin vacates, so every minute is crucial. Thanks again for what you've done so far. If there's
On Wed, Dec 12, 201 2 at 12:54 PM, Susan Newton <snewton@nationalparks.org> wrote:
Steve,
https://mail .g oog le.com'mail/u/O/?ui"' 2&iko:f9191ba2e4&1Aew=ptA.search"' sont&th 13b9b5e8f2c36455 316
1/2/14 DEPARTMENT OF THE INTERIOR Mall - Re: Draft 2.5.12 Simkin Vacate Notice
We haven' t forgotten about t hi s I We sent to our law firm for t heir review, and I'm awaiting their
Susan
sent: Wednesday, December 05, 2012 12: 25 PM
To: Susan Newton
Susan. please fi nd attached the vacate notice we've discussed, for your review. We urgently seek NPF
Steve LeBel
Program Manager, Office of Business Servi ces
National Capital Region, Nat ional Park Servi ce
Phone: (202) 619-7072
Fax: (202) 619-7157
for the use of the indivi dual s to whom i, is sent. Any privi lege is not wai\d by virtue of this ha\Ang been sent
by e-mail. If the person actually receiving t his message or any other reader of this message is not a named
recipient, any use, dissemi nation, dist ribut ion, or copying of this communication is prohibited. If you receive
Steve LeBel
National Capital Region, National Park Servi ce
https://mail .google.com/mail/u/O/?ui=2&ik=f9191ba2e4&"1ew:: p,&search=sent&th=13b9b5e8f2c36455 4/6
1/2/14
Phone: (202) 619-7072
Fax: (202) 619-7157
DEPAHTMENT Of' THF.: INTERIOR Mail. He: Draft 2.5.12 Slml<n Vacoto Notico
The information contained in this messane may be protected by attorney-client or other pri,,jlege. It is intended
for the use of the indi,,jduals to whom it is sent. Any pri\.ilege is not wai1,ed by ,,jrtue of this ha,,jng been sent
by e-mail. If the person actually receivin9 this message or any other reader of this message is not a named
recipient, <lny use, dissemination, distribution, or copying of this communication is prohibit0d. If you recei\e
Ste\e LeBel
Deputy Assoclste Regional Director, Operations and Education
Program Manager, omce of Business Services
National Capital Region, N<ltional Park Service
Phone: (202) 619-7072
Fax: (202) 619-7157
The information contained in this mess<i[Je may be protected by attorney-client or other pri\.ilege. It is intended
for the use of the individuals to whom ic is sc:nt. Any pri\.ilege is not wai\ed by ,,jrtue of this ha,,jng been sent
recipient, <lny use, dissemination, distribution, or copying of this communication is prohibited. If you recei1,e
this message in error, please contact tho sender.
Ste1,e LeBel
Deputy Associate Regional Director, Oper<o1tions and Education
Program Manager, omce of Business Services
Phone: (202) 619-7072
Fax: (202) 619-7157
ti Ups ://rrrrii J fJ oog I o.corrJmai l/u/O/?ui.:; 2&i 10 f9'! 9 1 t>a2e4&vi aw"" ch= sent&thw 13b9b5e8f2c364 55 516
1/2/14 DfJ'ARTMENT 01' THE INTERIOR Mall - Ro: Prof! 2.5.12 Sim!On Vacate Notice
Tue information contained in this mess1_1gt' may be protected by attorney-client or other privilege. It is Intended
for the use of the individuals to whom it is sent. Any privilege is not waiwd by virtue of this having been sent
by e-mail. If the person actcially recei"'\l this message or any other reader of this message is not a named
this message in error, please contact th<l sender.
Steve LeBel
Program Manager, Office of Business '.>Jrvces
National Capital Region, National Park Servce
Phone: (202) 619-7072
Fax: (202) 619-7157
Tue information contained in this message may be protected by attorney-client or other pri\>ilege. It is intended
for the use of the indi\>iduals to whom ic ;,; son!. Any privilege Is not wai-.ed by l>irtue of this haloing been sent
by e-mail. If the person receiving this message or any other reader of this message is not a named
recipient, any use, dissemination, disuit1ution, or copying of this communication is prohibited. If you recei'-"l
this message in error, please contact the ,,;ender.
Ste>M LeBel
Deputy Associate Regional Diroctor, Opw:''Uons and Education
Program Manager, Office of Business Se11ictJ13
National Capital Region, Nationill Park ScHvice
Phone: (202) 619-7072
Fax: (202) 619-7157
The information contained in thi3 m<%Sil(/' "''''Y be protected by attorney-client or other pri\>ilege. It is intended
for the use of the indi\>iduals tc whom it Any pril>ilege is not wai>Md by \>irtue of this ha\>ing been sent by
e-mail. If the person actually recd\>ing thh mos sage or any other reader of this message is not a named
recipient, any use, dissemim1tion, cJistrihr.11:ion, or copying of this communication is prohibited. If you recei-.e this
rnessage in error, please the
hltps :/Imai 1,g oog 10. comi'mai l/u/O/?ui ru 2&i !(;;:; 191 b::it.w:1&,,; 0w:..:. ch::; sent&th;::; 13b9b5e0f?.c36455 616
1/2114 DEPARTMENT OF THE INTERIOR Mall - Re: Draft 2.5.12 Sirl1Wn Vacate Notice
Bel St ve t vc lebel(ainps. ov
LeBel, Steve <steve_lebel@nps.goV> Fri , Dec 14, 2012 at 4:51 PM
Cc: Steve Whitesell <Steve_Whirnsell@np:.;.goV..>, Lisa Mendelson Philip
Selleck <Phi lip_Sell eck@nps.goV>, Elizabeth Ti nker <liz_tinker@nps.goV>
Thanks! I'll share this with Liz Tinker, who wi ll most likely deli-.er the letter to you for concurrance.
Ha-.e a great weekend .......... .
Sounds good. I have a few meetings, but am open from 10 - 11, and 12:30 -2:30, and 3:30 -Spm.
Susan
sent: Friday, December 14, 2012 4:43 PM
Subject: Re: Draft 2.5.12 Si mkin Vacate Notice
We;ll hand deliver it Monday, OK?
On Fri , Dec 14, 2012 at 4:41 PM, Susan Newton <snewton@nationalparks.org> wrote:
Yes, and I'll be i n all next week.
sent: Friday, December 14, 2012 4:41 PM
Can you sign the letter for Neil ?
On Fri , Dec 14, 2012 at 4:33 PM, Susan Newton <snewton@nationalparks.org> wrote:
https://mall .g oog le.com'mail/u/O/?ui2&ik= f9191 ba2a4&1Aew= pt&search sent&th= 13b9b669806db4f0 1(7
1/2/14 DEPARTMENT OF THE INTERIOR Mall - Re: Draft 2.5. 12 Simkin Vacate Notice
Steve - thi s is acceptable t o NPF. I' ll be here unt il Spm t hi s eveni ng .. . not sure how long Neil will be
here. I'll check in with him.
Susan
From: LeBel, Steve [ mai lto: steve_lebel@nps.gov]
sent: Friday, December 14, 2012 4: 17 PM
To: Susan Newton
Subject: Re: Draft 2.5.12 Si mkin Vacate Notice
Here's an edited version of the letter incorporat ing your comment. Please advise if this is acceptable, and if
so. when may we deliver the fi nal versi on of NPF's signature.
On Fri, Dec 14, 2012 at 12:34 PM, Sus9n Newton <snewton@nationalparks.org> wrote:
Wel l, I didn't make yesterday But here's a revised version.
Susan
From: Susan Newton
Sent: Thursday, December 13, 2012 10: 22 AM
To: 'LeBel, Steve'
Subject: RE: Draft 2.5.12 Si mki n Vacate Notice
Of course ! I' ll send revisions today.
sent: Thursday, December 13, 2012 913 AM
To: Susan Newton
https://mail .g oog le.comtmai l/u/O/?ui= 2&i k=f9191 ba2e4&\iew:: pt&search=sent&th= 13b9b669806db4f0 217
1/2/14 DEPARTMENT OF THE INTERIOR Mail - Re: Draft 2.5 .. 12 Simkin Vacate Notice
After revi ewing internally and wi t h our Counsel, NPF does have suggested changes to the letter. In
brief, our recommendati on is t o keep it as a simple vacate notice. All who have reviewed the lease
(your side, our si de) see t hat it's cl ear that we can give 30 days notice. We'd like to keep it at that.
Opening up other t opics, such as are t hey actually assigned the l ease or whether NPS is going to offer
them a chance to be a f uture concessionai re, serves to give them poi nts on which to cont inue the
dialogue, which is not our goal. We' d like t hem to vacate, so let' s keep it at that since we have the
authority to do so.
Please let me know t he best way proceed.
Thanks,
Susan Newton
Vice President, Operati ons and Program Implementation
202.354.6493 direct
Thi s holiday season join the National Park Foundation's "45 Days of Giving''
Vi sit www.nationalparks.org/G ive45.

1/2/14 DEPARTMENT OF THE INTERIOR Mail Re: Draft 2.5.12 Simkin Vacate Notice
To: Susan Newton
send notice to Simkin befoe we releas? the FedBizOps notice. We're committed to having someone in place
the day after Simkin vacates, so every minute is crucial. Thanks again for what you'\A!l done so far. If there's
On Wed, Dec 12, 2012 at 1'.2:54 PM, St:!ian Newton <snewton@nationalparks. org> wrote:
St eve,
We haven' t forgotten about this I We sent to our l aw firm for thei r revi ew, and I' m awaiting their
response. I' ll get back to you ASAP.
Susan
From: LeBel, Steve [mallto:steve_lebel@nps.gov]
To: Susan Newton
Susan, please find attached t he vacate notice we've discussed, for your review. We urgently seek NPF
concurrence. As you understand ti mo is of the essence. I'll follow this email with a phone call.
Steve LeBel
Deputy Associ ate Regional Director, Operations and Education
Program Manager, Office of Business vef"l.1ces
Phone: (202) 619-7072
Fax: (202) 619-7157
https://rnal l .goog le.com/mai l/u/O/?ui = 2&.ik=f9191ba2e4&view= pt&search" sent&th= 13b9b669806db4f0 4/7
1/2/14 OF HIE INTERIOR Moiil - Ro: Drnft 2.5.12 Simlin Vacate Notice
The information contained in this messa9e may be protected by attorney-client or other pri\.ilege. It is intended
for the use of the indil,iduals to whom it is sent. Any pril,ilege is not waiwd by 1,irtue of this ha\.ing been sent
by e-mail. If the person actually receivino this message or any other reader of this message is not a named
recipient, any use, dissemination, distribution, or copying of this communication is prohibited. If you receiw
this message in error, please contaG! th" sender.
Stew LeBel
Program Manager, Office of 13usiness c->orvices
Phone: (202) 619-7072
Fax: (202) 619-7157
The information contained in this messago may be protected by attorney-client or other pri\.ilege. It is intended
for the use of the indi\.idualf' to whom sent. Any pri;ilege is not waiwd by l,irlue of this hal,ing been sent
by e-mail. If the person actu<1lly receiving this message or any other reader of this message is not a named
recipient, any use, dissemination, distribution, or copying of this communication is prohibited. If you recei'.'3
this message in error, please contact tiw 'rnnder.
Stew LeBel
Deputy Associate Regional Director, Op,,mtions and Education
Program Manager. Office of Business 0)01-vices
National Capital Region, National Park Ser.Ace
Phone: (202) 619-7072
Fax: (202)619-7157
The information contained in this mesc:<>wl rnay be protected by attorney-client or other pri;ilege, It is intended
for the use of the individuals to whom ii i:> sent. Any pril,ilege is not waiwd by \.irtue of this ha\.ing been sent
by e-mail. If the person actually receivinq this message or any other reader of this message Is not a named
https:/ Imai I .g oog la. l/u/0/?ui = 2&i f<::; f91 fl 1 view= p eh= sent&th;;; 13b9b069B06db4f0 5/7
1/2/14 DF.PARTMENT OF THE INTERIOR Mail" Re: Dralt 2.5.12 Vocato Notice
this message in error, please,, contact t110 sender.
Ste\13 LeBel
Deputy Associate Regional Director, Oporations and Education
Program Manager, Office of L'.usinlSS
Phone: (202) 619-7072
Fax: (202) 619-7157
The information contained in this messc:.1>JEJ may be protected by attorneyclient or other privilege. It is intended
for the use of the indi\idualf; to whom i: is sont. Any pri\ilege Is not waiwd by virtue of this having been sent
by email. If the person actu<illy receiving this message or any other reader of this message is not a named
this message in error, pleE1se contact tho >;ender.
Ste\13 LeBel
Program Manager, Office (rf Business '.:c>or1k0s
National Capital Region, National P<irk Ser\ice
Phone; (202) 619-7072
Fax: (202) 619-7157
The information contained in this may be protected by attorneyclient or other privilege. It is intended
for the use of the indi1;idlwls to whom i; is sont. Any pri'.ilege is not wai\13d by virtue of this having been sent
recipient, any use, disserninalicm. dist:il)U\ion, or copying of this communication is prohibited. If you recei\13
this message in error, ple<1se contact t!G 'J ender.
Gf7
112/14 Dt'.'.PARTMENT OF THE INTERIOR M.c:iil M Re: Draft 2.5.12 Sirnkln Notice
Steve LeBel
Deputy Associate Regional Dimctor, Operations and Education
Program Manager, Office of Business Sor\ices
National Capital Region, National Parl1 o;ervice
Phone: (202) 619-7072
Fax: (202) 619-7157
The information contained in this messa,Je may be protected by attorney-client or other pri\ilege. It is intended
for the use of the incfr.Adual" to whorn is sent. Any pri\ilege Is not waived by \irtue of this ha\ing been sent
by e-mail. If the person actually receivinq this message or any other reader of this message is not a named
recipient, any use. dissemination. distxinution, <lr copying of this communication is prohibited. If you receive
this message in error, please contact tho ,,,ender.
Ste'A3 LeBel
Dsputy Associate Regional Dimctor, Ope ,:UOilS and Education
Program Manager, Office of Rusinoss Scr-'.;:c('.!t/
National Capital Region, National Park Swvic"
Phone: (202) 619-7072
Fax: (202) 619-7157
The information contained i''1 U'ioJ : :YL'V be protected by attorney-client or other pri\ilege. It is intended
for the use of the incli\iclualo: to Nhom it k '.;oni. Any pri\ilege is not waived by \irtue of this ha\ing been sent by
e-mail. If the person actually r1x:eivinn tlw: rnoBsage or any other reader of this message is not a named
recipient, any use, dissemination, distribution, or copying of this communication is prohibited. If you receiw this
message in error, pleHSe contdct the ser.(.::uc.
https :lfmai I .g oog I e. corrVrnai !:!! 2&i I<:.:: f91 ix:12e4& view;:; ch= sant&th= 13b9b669806db4f0 717
1/2/14 DEPARTMENT OF THE INTERIOR Mail - Message from Jonathan Jar\is, Director, National ParkSerlAce
LcBel Steve .-..stevc lcbcl@nps gov
Message from Jonathan Jarvis, Director, National Park Service
Steve LeBel <steve_lebel@nps.gov> Mon, Dec 24, 2012 at 7:07 PM
To: psimkin@gmail.com
Bee: Steve_Whitesell@nps.gov, eatinker@nps.gov, Lisa_Mendelson-lelmini@nps.gov, Tara_Morrison@nps.gov,
Steve_LeBel@nps.gov
Mr. Simkin:
I have been asked to convey the following message from the Director,
National Park Service:
"In the last 24 hours, I have received hundreds of emails from citizens
concerned with the future of Jack's Boathouse, a boat rental operation in
Rock Creek Park. I can assure all those concerned that the boat house
operation will continue into the future as it is an important public
service. I have directed the staff at the park and the Regional Office to
withhold further action on the lease termination until I have conducted a
thorough review and determined the best cou:se of action."
https://mail .goog le.com'mail/u/O/?ui "2&i k:=f9191 ba2e4&1Aew= pt&seaf ch" sent&th= 13bcf628e7bb2aa2 1/1
1/2/14 DEPARTMENT OF THE INTERIOR Mall - Re: Jacl<s Boathouse Issues I Ti me Sensi tiw
ve lebel a>np . v
Re: Jack's Boathouse Issues I Time Sensitive
LeBel, Steve <steve_lebel@nps.gm/>
To: Psimkin <pslmkin@gmail. com>
Wed, Dec 26, 2012 at 10:35 AM
Cc: Tara Morrison <Tara_IVlorr!son@nps.gcv>
Bee: Steve Whitesell <Steve_Whitesell @nps.gov>
We are available at 1 :30 to meet. Shall we expect you then?
On Wed, Dec 26, 2012 at 10:33 AM, Psi mkiri <psimkin@gmail.com> wrote:
Steve:
Are you available at 1 :30p?
Paul
Mobile Message
Paul Simkin
202-716-7700
Psimkin@gmail.com
On Dec 26, 2012, at 10:25 AM, ''LeBel, Steve" <steve_lebel@nps.gov> wrote:
Mr Simkin:
Regional Director Whitesell is cut of the office today, however Superintendent Morrison, Rock
Creek Park, and I are avai lable to meet with you today. When would it be convenient for you to
meet us at the NCR Regional Office on Haines Point?
On Tue, Dec 25, 2012 at 11:40 ?M, Paul Simkin <psimkin@gmail.com> wrote:
Dear Mr. LaE3ell and Mr. Whitose.::
j 1 hope t his message finds you both well and that you had a joyful Christmas holiday. I was
hoping that you would have an opportunity to chat, in person, sometime tomorrow
(Wednesday). I would love to ""ee "''hat can be done regarding Jack's that creates a win-win
envi ronment for all. 1've had a to review your recent correspondence. I'd like to discuss
good-faith options. I am scheduled to be in New York early next week to give a sit-down
morning media inte:\Aew, I arn also scheduled at the end of this week for for an on-air DC radi o
talkshow inter\1ew to discuss the matter in depth. I would love to try and resolve this before
those comersations take placa and before I sign a retention letter with one of the law fi rms that
has offered me their servi ces ,..1. 0-bono.
Once again, my offer is to d!scus:3 this tomorrow in good-faith to find a positi'- resolution to
1
the Jack's issue. I can meet you y0ntlemen anytime, or at the \ry least vi a teleconference.
Ideally, Mr. jarvis could meu1 .a::. well. Could I impose upon you to forward this note to Mr.
Jarvis at your earliest con11eni J
https://r-rai l .g oog le.com'mai l/u/O/?ui = 2&i k:of9191 ba2e4&-Jew= pt&search= sent&th= 13bd7dada4509a0d 1/2
1/21'14
D r::P/\l'i'.TM EN l O: .. ,.;. 1 i.:..: INTERIOR Mail - Re: Jacl<s Boathouse Issues I Tirne Senslll've
Sincerely
Paul Simkin
P<lUI Simkin
202-716-7700
psimkin@gmail.com
Steve LeBel
Deputy Associato F<oqional Dire ::i:or, Operations and Educstion
Program Manaw)r, Oriice of f.luc.i11e::s Services
National Capital NnUor _.. .,_: ::)3i'"k Service
Phone: (202) El'! 9-7012
Fax: (202) Ei19-7'1 :;7
The inforr:1at:on co11Lo.,;;-1()d in U:: ,,,>,:sage may be protected by attorney-client or other privilege.
It is intonded for '.h"' :1se of t:H:: : Ii_;, .-i:_:uals to whom it is sent. Any privilege is not wai'.(ld by
\.irtue of 1:-ds h:w11,J i:Jlld1 sont by O:nail. If the person actually receiving this message or any
other readc;w or thi:i mbssage is ::ot :i named recipient, any use, dissemination, distribution, or
copying of this comrr:unication ,. : pmhibited. II you receive this message in error, please contact
the sencl0r.
Steve LeBel
Deputy Assoclste R'1gionn! Di1,.ctor, Op;,:-?. ium; and Education
Program Manager, (}ff1ce r:<
Nstional Capital Region, N;,;t.io1:;.,1: Park S., .,,;>'
Phone: (202) 619"7072
Fax: (202) 619-7157
The information con!:cjn ::--.J :, 1 moc:,n;.:: .. , .. y be protected by attorney-client or other privilege. It is Intended
for the use of the indivic,!1.L;:I.;, le; "''i101n it ,,, .. , ., . .. Any pri\.ilege is not waived by virtue of this having been sent by
e-mail. If the person <'Ctunlly 1\;cei\.inn Ii:::; rnm:sage or any other reader of this messsge is not a named
recipient, any use, ciissominul!on, dis'trii:c;>ciun, or copying of this communication is prohibited. If you recei'.(l this
message in error, pteas.:;:1 coi'r(::::.:t the sci J.k;r.
212
1/2/14
0
DEPARTMENT Of THE INTERIOR Mall - Re: Jacl<s Boathouse Issues /Time Senslll-.e
I, Steve stcv Ir
LeBel, Steve <steve_lebel@nps.gov>
To: Psimkin <psimkin@gmail. com>
Wed, Dec 26, 2012 at 10:45 AM
Bee: Steve Whitesell
In the interest of clarity, the document Regional Director Whitesell requests is a transfer of the lease, and
approval from the National Par'{ Foundation, from Jack and Norma Baxter to Frank then to Jack's Canoes
& Kayaks, LLC.
On Wed, Dec 26, 2012 cit 10:1-1 AM, Ps: ".'\ i, <psimkin@gmail.com> wrote:
Greetings -
I can be reached at 202-716-7700.
Your question regarding documents SL mri ses me. I assume you haw them in files since your staff has been
referencing them t o others. In fact, the operational documents were hand-delivered, at his request, by me, to
Steve L. About two years ago.
My schedul e is rapidl y fi lling up today, so I ask that your staff cell me ASAP.
Did you have an opportunity to contact and forward my earlier message to the director? Could you please
forward to me his ernai! address and o.11ce telephone number?
Sincerely
Paul Simki n
Mobile Message
Paul Simkin
202-716-7700
Psimkin@gmail .com
On Dec 26, 2012, at 9:53 AM, St eve Whitesell <steve_whitesell @nps.gm/> wrote:
Paul
Thank you for your ri<>t e. I am ol;. cf t1e office until January but Steve LeBel and Rock Creek
Superintendent Tara Morrison &re both in. Please respond to this email with a phone number
they can reach you at today. I wi ll have them set up a time to meet with you today.
At that time, please bring copi es of your ownership papers documenting transference of
ownership interest from the 13a to you. As well we will need copies of your lease for use of
the Jack's prope(;y past . ::.. N yuars. This paperwork is missing from our files.
We are not sure at this point of exactly what materials the Director expects to rev;ew as he
analyzes tl1is situation. Hopefu'!1 your meeting today with Stew and Tara will prove
const ructi va. i don'. !.,, el ieve we , o1 J..; able to prov;de a definitive answer to a path forward until
1/3
1/2/14 DE:T-'1.\f1TMENT CJ: :1 ... :1::: INTERIOR Mail n Re: Jacl<s Boathouse Issues I Time Sensitive
after the New Year, but today's '%\:;on will be good so that a framework for a resolution can be
defined.
Steve
Sent from my iPc1d
On Dec 25, 2012, at n :40 Prvi. Paul Simkin <psimkin@gmail.corn> wrote:
! hope lhh r11(;,:;;;:1r;v> :i,LI:: !::1 :.>o\h well and that you had a joyful Christmas
holiday. ! ww: impin,, <h .. have an opportunity to chat, In person,
sorndirm' lornDITOW (We: 'ne:dcJy). I would love to see what can be done regarding
tiw". u .. :itas a wi: :.J1: 11vironment for all. I've t1ad a chance to re\>iew your
recent cmrespondenCE). :..,: ii'<"' to discuss good"faith options. I am scheduled to be
in olmv Y:rk .::.1\ :.e". . .. : .. .:: 1.c give a sit"down morning media inter\>iew, I am also
scr1dulfld u: .he; e1,c: c: . " .1\':0k for for an on-air DC radio talkshow inter\>iew to
discuss li1e 111uller in co<, c:: would love to try and resolve this before those
Cc;nvu:1;.x: :>:;.;: ..i:,,3 pk:>.:, '":.:dare I sign a retention letter with one of the law
ntrnS J-::.=<t :;(.:1 SGl\.oiCeS pro-bOrlO.
Onc;co ., ..
1
<Aiu;;; , .. 1.>-: .. ::;s this tomorrow in good-faith to find a positive
,.J -. -',lack'.: <.<:. : can meet you gentlemen anytime, or at the very
'oc:sc h .. :..:: <.:dc;;e11c1:>. J:!y, iV1r. Jar\>is could meet as well. Could I impose
upo:: ye:_, 11:. :;;1;
0
1d 1.!::;1 :. 1 .. i.u Mr. Jar\>is at your earliest convenience?
Paul S1m1"n
202'7 1 fl.-TI OU
psimkin@gmail.com
Steve LeBel
Deputy Associate F<e9iorw1 Di11x:tor_ Op ::::IY1rn; and Education
Progran1 Manager, ()fficn (Ji' '.
1
:co;-:.;
Nation<il Capital R.egion, N:::t'cin::il Park '.::: :::vl;:o
Phone: (202) 619 .. 7072.
Fax: (202) 619-715?
The inform<ltlon cont:11:,;_.J :,,ii:: ffH'":sJ:. y be protected by attorney-client or other pri\>ilege. It is intended
for the use of the ::Yllv;c1u:,1, I.) Ilion: t Any pri\>ilege is not waived by \>irtue of this ha\>ing been sent by
email. If the person E\ctualiy rncei<AnfJ ti:: . .' n10-.;sage or any other reader of this message is not a named
recipient, any use, dissemi1i:::'nn, die; fr; I tu1. or copying of this communication is prohibited. If you receive this
message in error, plc2:fi{.) tho
htlps :/ /rr.ai ! oog le.cornr'rnai l/t.!/O/?l 1i:::: l:::: f':l '1 ::1 1 vi ('.'w' ... :'. ' :. i :', sent&tt1;;; 13bd7 a373a197M c 213
1/2/14 DEPARTMENT OF THE INTERIOR Mall - Re: JacKs Boathouse Issues /Time Sansili\<'l
LeBel, Steve <steve_lebel@nps.goV>
To: Paul Simkin <psimkin@gmail.com>
Wed, Dec 26, 2012 at 11: 17 AM
We remain interested in meeting with you today at 1 :30, with or without the documentation we have requested.
On Wed, Dec 26, 2012 at 11 :04 AM, Paul Simkin <psimkin@gmail.com> wrote:
Mr. LeBel -
I appreciate the attempt at clairification. I will let my counsel know of the request. I will not be bringing any
documentation with me today. If you would prefer to cancel today, please let me know, and I wi ll also advise
counsel that they wi ll need to negotiate with the NPS from this point forward.
Please as previously requested, forward to me ASAP, Mr. Jar\As' telephone and email address. Dozens of folks
have been asking me for it and I'd like to pro"1de it to them today.
Sincerely
Paul Simkin
On Wed, Dec 26, 2012 at 10:45 AM, LeBel, Ste\! <steve_lebel@nps.goV> wrote:
Regional Director Whitesell requests is a transfer of the lease, and approval from the National Park
Foundation, from Jack and Norma Baxter to Frank Baxter, then to Jack's Canoes & Kayaks, LLC.
Paul Simkin
202-716-7700
psimkin@gmail .com
Steve LeBel
Program Manager, Office of Business Ser\Aces
National Capital Region, National Park Ser\Ace
Phone: (202) 619-7072
Fax: (202) 619-7157
The Information contained in this message may be protected by attorney-client or other privilege. It is intended
for the use of the individuals to whom It is sent. Any privilege is not waived by virtue of this having been sent by
https:l/mail .g oog le.com'mai llu/O/?ui=2&i f9191 ba2e4&"1ew=pt&searchsent&th"13bd80167e52cdcf 1/2
1/2/14 DEPARTMENT OF THE INTERIOR MEii i" Re: Jack's Issues I Time Sensitive
e"mail. If the person actually recei\ing this message or any other reader of this message is not <l named
recipient, any use, dissemination, distribution. or copying of this communication is prohibited. If you recei'.l'l this
message in error, please contact the sender.
https :/Imai I .g oog I e. corrVmai l/u/O/?cii" 2&i 1<=19191 ba2e4 """' pi&soor ch sont&th 13bd80167 e52cdcf 212
(b) (6)
(b) (6)
(b) (6)
112/14 DE'PARTMl::NT OF THE INTERIOR Mail" Re: Business ,JacKs Ooolhouso
htlps ://rnal l ,g oog I e. cornr'mai l/u/O/?ui =i 2&i 1<,:;;;f9191 ba2e4&vi e'>/'-F pt&searctJ;;; sant&th::; 13W82f addl.m57 cb 212
(b) (6)
(b) (6)
(b) (6)
(b) (6)
(b) (6)
(b) (6)
(b) (6)
(b) (6)
(b) (6)
(b) (6)
(b) (6)
(b) (6)
112/14 DEPARTMENT OF THE INTERIOR Moil - Ro: JocKs Boathouse
The information contained In this message may be protected by attorney-client or other pril>ilege.
It is intended for the use of the individuals to whom it is sent. Any pril>ilege is not wai\d by
virtue of this ha;ing been sent by e-mail. If the person actually recei;ing this message or any
other reader of this message is not a named recipient, any use, dissemination, distribution, or
copying of this communic<ltion is prohibited. If you recei\ this message in error, please contact
the sender.
Stow LeBel
Program Manager, Office of Business Ser;ices
National Capital Region, National Park Ser;ice
Phone: (202) 619-7072
Fax: (202) 619-7157
The information contained in this message may be protected by attorney-client or other pri;ilogo. It is intended
for the use of the individuals to whom it is sent. Any pri;ilege is not wai\d by virtue of this hal>ing been sent by
e-mail. If tho parson actually recei;ing this message or any other reader of this message is not a named
4 attachments
tj 1.25.13 Request For Qualifications.pdf
188K
lifil 1.15.13 Appendix A Financial Tables.xis
176K
!@) 1.15.13 FedBizOps Notice.docx
16K
fil 1.15.13 TC-ROCR004-12 Draft Contract.pdf
723K
htlps :flmai I . g oog Io. com'mai llul0/?ui 2&i i<-f9191 ba2e4& pl&s""rch" 13c 729oa5c36oo4a
CATEGORY II CONCESSION CONTRACT
UNITED STATES DEPARTMENT OF THE INTERIOR
NATIONAL PARK SERVICE
Rock Creek Park
Non-motorized Vessel Rental and Storage
CONCESSION CONTRACT NO. TC-ROCR004-12
[Name of Concessioner]
3500 K. St., NW
Phone: (TBD)
Covering the Period (TBD) through December 31, 2014
1
The effective date of the Contract is subject to change prior to contract award if determined necessary by the Service
due to transfer timing Issues.
Draft Contract
CONCESSION CONTRACT
TABLE OF CONTENTS
Table of Contents
IDENTIFICATION OF THE PARTIES .................................................................................................... 1
SEC. 1. TERM OF CONTRACT ............................................................................................................. l
SEC. 2. DEFINITIONS ............................................................................................................................. t
SEC. 3. SERVICES AND OPERATIONS ............................................................................................. 3
(a) Required and Authorized Visitor Services .................................................................................... 3
(b) Operation and Quality of Operation ............................................................................................... 3
( c) Operating Plan .................................................................................................................................. 3
(d) Merchandise and Services ............................................................................................................. J
(e) Rates .................................................................................................................................................. 4
(f) Impartiality as to Rates and Services ............................................................................................. 4
SEC. 4. CONCESSIONER PERSONNEL ............................................................................................ 4
(a) Employees ......................................................................................................................................... 4
(b) Employee Housing and Recreation ............................................................................................... 5
SEC. 5. LEGAL, REGULATORY, AND POLICY COMPLIANCE .................................................... 5
(a) Legal, Regulatory and Policy Compliance .................................................................................... 5
(b) Notice ................................................................................................................................................. 5.
(c) How and Where To Send Notice .................................................................................................... 5
SEC. 6. ENVIRONMENTAL AND CULTURAL PROTECTION ........................................................ 6
(a) Environmental Management Objectives ....................................................................................... 6
(b) Environmental Management Program ............................................................ : ............................. 6
(c) Environmental Performance Measurement .................................................................................. 7
(d) Environmental Data, Reports, Notifications, and Approvals ...................................................... 7
(e) Corrective Action .............................................................................................................................. 8
(f) Indemnification and Cost Recovery for Concessioner Environmental Activities ..................... 8
(g) Weed and Pest Management ......................................................................................................... 8
(h) Protection of Cultural and Archeological Resources .................................................................. 8
SEC. 7. INTERPRETATION OF AREA RESOURCES ...................................................................... 9
(a) Concessioner Obligations ............................................................................................................... 9
(b) Director Review of Content.. ........................................... ............................................................... 9
SEC. 8. CONCESSION FACILITIES USED IN OPERATION BY THE CONCESSIONER .......... 9
(a) Assignment of Concession Facilities ............................................................................................. 9
TC-ROCR004 12 Table of Contents
(b) Concession Facilities Withdrawals ................................................................................................ 9
(c) Effect of Withdrawal ......................................................................................................................... 9
(d) Right of Entry .................................................................................................................................. 10
(e) Personal Property ........................................................................................................................... 10
(f) Condition of Concession Facilities ................................................................................................ to
(g) Utilities .............................................................................................................................................. 10
SEC. 9. MAINTENANCE ....................................................................................................................... 10
(a) Maintenance Obligation ................................................................................................................. 10
(b) Maintenance Plan ........................................................................................................................... IO
SEC.10. FEES ........................................................................................................................................ 11
(a) Franchise Fee ................................................................................................................................. l l
(b) Payments Due ................................................................................................................................ l l
(c) Interest ............................................................................................................................................. l l
(d) Adjustment of Franchise Fee ....................................................................................................... l l
SEC.11. INDEMNIFICATION AND INSURANCE ............................................................................ 12
(a) Indemnification ................................................................................................................................ 12
(b) Insurance in General ..................................................................................................................... 12
(c) Commercial Public Liability ........................................................................................................... l J
(d) Property Insurance ......................................................................................................................... 13
SEC. 12. BONDS AND LIENS ............................................................................................................. 14
(a) Bonds ............................................................................................................................................... 14
(b) Lien ................................................................................................................................................... l 4
SEC. 13. ACCOUNTING RECORDS AND REPORTS .................................................................... 14
(a) Accounting System ........................................................................................................................ 14
(b) Annual Financial Report ................................................................................................................ 14
(c) Other Financial Reports ................................................................................................................. 15
SEC. 14. OTHER REPORTING REQUIREMENTS .......................................................................... 15
{a) Insurance Certification .......................... , ........................................................................................ 15
(b) Environmental Reporting ............................................................................................................... 15
(c) Miscellaneous Reports and Data ................................................................................................. 15
SEC, 16. SUSPENSION, TERMINATION, OR EXPIRATION ......................................................... 15
(a) Suspension ...................................................................................................................................... 15
(b) Termination ..................................................................................................................................... 15
TC-ROCR004-12 Draft Contract Table of Contents
(c) Notice of Bankruptcy or Insolvency ............................................................................................. 16
(d) Requirements in the Event of Termination or Expiration ......................................................... 16
SEC.16. ASSIGNMENT, SALE OR ENCUMBRANCE OF INTERESTS ..................................... 17
SEC. 17. GENERAL PROVISIONS ..................................................................................................... 17
EXHIBITS
EXHIBIT A:
EXHIBIT B:
EXHIBITC:
EXHIBIT D:
EXHIBIT E:
EXHIBIT F:
EXHIBITG:
Operating Plan
Nondiscrimination.
Assigned Land, Real Property Improvements
Assigned Government Personal Property
Maintenance Plan
Insurance Requirements
Transition to a New Concessioner
Page 1
IDENTIFICATION OF THE PARTIES
THIS CONTRACT is made and entered into by and between the United States of America, acting in this
matter by the Director of the National Park Service, through the Regional Director of the National Capital
Region. (hereinafter referred to as the "Director''), and Concessioner, a Corporation organized and
existing under the laws of Washington, DC, (hereinafter referred to as the "Concessioner"):
WITNESS ETH:
THAT WHEREAS, Rock Creek Park is administered by the Director as a unit of the national park system
to conserve the scenery and the natural and historic objects and the wildlife therein, and to provide for the
public enjoyment of the same in such manner as will leave such Area unimpaired for the enjoyment of
future generations; and
WHEREAS, to accomplish these purposes, the Director has determined that certain visitor services are
necessary and appropriate for the public use and enjoyment of the Area and should be provided for the
public visiting the Area; and
WHEREAS, the Director desires the Concessioner to establish and operate these visitor services at
reasonable rates under the supervision and regulation of the Director; and
WHEREAS, the Director desires the Concessioner to conduct these visitor services in a manner that
demonstrates sound environmental management, stewardship, and leadership;
NOW, THEREFORE, pursuant to the authority contained In the Acts of August 25, 1916 (16 U.S.C. 1, 2-
4), and November 13, 1998 (Pub. L. 105-391), and other laws that supplement and amend the Acts, the
Director and the Concessioner agree as follows:
SEC. 1. TERM OF CONTRACT
This Concession Contract No. TC-ROCR004-12 ("Contract") shall be effective as of (TBD) , and shall be
for the term of approximately two (2) years until its expiration on December 31, 2014.
SEC. 2. DEFINITIONS
The following terms used in this Contract will have the following meanings, which apply to both the
singular and the plural forms of the defined terms:
(a) "Applicable Laws" means the laws of Congress governing the Area, including, but not limited to, the
rules, regulations, requirements and policies promulgated under those laws (e.g., 36 CFR Part 51 ),
whether now in force, or amended, enacted or promulgated in the future, including, without limitation,
federal, state and local laws. rules, regulations, requirements and policies governing nondiscrimination,
protection of the environment and protection of public health and safety.
(b) "Area" means the property within the boundaries of Rock Creek Park.
(c) "Best Management Practices" or "BMPs" are policies and practices that apply the most current and
advanced means and technologies available to the Concessioner to undertake and maintain a superior
level of environmental performance reasonable in light of the circumstances of the operations conducted
under this Contract. BMPs are expected to change from time to time as technology evolves with a goal of
sustainability of the Concessioner's operations. Sustainability of operations refers to operations that have
a restorative or net positive impact on the environment.
TC-ROCR004-12 Drott Contract Page 2
(d) "Concession Facilities" shall mean all Area lands assigned to the Concessioner under this Contract
and all real property Improvements assigned to the Concessioner under this Contract. The United States
retains title and ownership to all Concession Facilities.
(e) "Days" shall mean calendar days.
(f) "Director" means the Director of the National Park Service, acting on behalf of the Secretary of the
Interior and the United States, and his duly authorized representatives.
(g) "Exhibit" or "Exhibits" shall mean the various exhibits, which are attached to this Contract, each of
which Is hereby made a part of this Contract.
(h) "Gross receipts" means the total amount received or realized by, or accruing to, the Concessioner
from all sales for cash or credit, of services, accommodations, materials, and other merchandise made
pursuant to the rights granted by this Contract, including gross receipts of subconcessioners as herein
defined, commissions earned on contracts or agreements with other persons or companies operating in
the Area, and gross receipts earned from electronic media sales, but excluding:
(1) lntracompany earnings on account of charges to other departments of the operation (such as
laundry);
(2) Charges for employees' meals, lodgings, and transportation:
(3) Cash discounts on purchases;
(4) Cash discounts on sales:
(5) Returned sales and allowances:
(6) Interest on money loaned or in bank accounts:
(7) Income from investments;
(8) Income from subsidiary companies outside of the Area:
(9) Sale of property other than that purchased in the regular course of business for the purpose of
resale:
(10) Sales and excise taxes that are added as separate charges to sales prices, gasoline taxes, fishing
license fees, and postage stamps, provided that the amount excluded shall not exceed the amount
actually due or paid government agencies:
(11) Receipts from the sale of handicrafts that have been approved for sale by the Director as
constituting authentic American Indian, Alaskan Native, Native Samoan, or Native Hawaiian
handicrafts.
All monies paid into coin operated devices, except telephones, whether provided by the Concessioner or
by others, shall be included in gross receipts. However, only revenues actually received by the
Concessioner from coin-operated telephones shall be included in gross receipts. All revenues received
from charges for in-room telephone or computer access shall be included in gross receipts.
(i) "Gross receipts of subconcessioners" means the total amount received or realized by, or accruing to,
subconcessioners from all sources, as a result of the exercise of the rights conferred by a subconcession
contract. A subconcessioner will report all of its gross receipts to the Concessioner without allowances,
exclusions, or deductions of any kind or nature.
U) "Subconcessioner" means a third party that, with the approval of the Director, has been granted by a
concessioner rights to operate under a concession contract (or any portion thereof), whether in
consideration of a percentage of revenues or otherwise.
(k) "Superintendent" means the manager of the Area.
(I) "Visitor services" means the accommodations, facilities and services that the Concessioner is required
and/or authorized to provide by Section 3(a) of this Contract.
Page 3
SEC. 3. SERVICES AND OPERATIONS
(a) Required and Authorized Visitor Services
During the term of this Contract, the Director requires and authorizes the Concessioner to provide the
following visitor services for the public within the Area:
(1) Required Visitor Services. The Concessioner is required to provide the following visitor services
during the term of this Contract:
"'
Service
..
i. Orv storaae of non-motorized vessels
ii. Non-motorized vessel rental
"
(2) Authorized Visitor Services. The Concessioner is authorized but not required to provide the following
visitor services during the term of this Contract
Service
i. VendinQ
ii. Incidental reta.!L.
iii. Instruction
-
(b) Operation and Quality of Operation
The Concessioner s_hall provide, operate and maintain the required and authorized visitor services and
any related support facilities and services in accordance with this Contract to such an extent and in a
manner considered satisfactory by the Director. Except for any such items that may be provided to the
Concessioner by the Director, the Concessioner shall provide the plant, personnel, equipment, goods,
and commodities necessary for providing, operating and maintaining the required and authorized visitor
services in accordance with this Contract. The Concessioner's authority to provide visitor services under
the terms of this Contract is non-exclusive.
(c) Operating Plan
The Director, acting through the Superintendent, shall establish and revise, as necessary, specific
requirements for the operations of the Concessioner under this Contract in the form of an Operating Plan
(including, without limitation, a risk management program, that must be adhered to by the Concessioner).
The initial Operating Plan is attached to this Contract as Exhibit A. The Director in his discretion, after
consultation with the Concessioner, may make reasonable modifications to the initial Operating Plan that
are in furtherance of the purposes of this Contract and are not inconsistent with the terms and conditions
of the main body of this Contract.
(d) Merchandise and Services
(1) The Director reserves the right to determine and control the nature, type and quality of the visitor
services described in this Contract, including, but not limited to, the nature, type, and quality of
merchandise, if any, to be sold or provided by the Concessioner within the Area.
(2) All promotional material, regardless of media format (i.e. printed, electronic, broadcast media),
provided to the public by the Concessioner in connection with the services provided under this Contract
must be approved in writing by the Director prior to use. All such material will identify the Concessioner
as an authorized Concessioner of the National Park Service, Department of the Interior.
TC-ROCR004-12 Draft Contract _ _?age 4
(3) The Concessioner, where applicable, will develop and implement a plan satisfactory to the Director
that will assure that gift merchandise, if any, to be sold or provided reflects the purpose and significance
of the Area, including, but not limited to, merchandise that reflects the conservation of the Area's
resources or the Area's geology, wildlife, plant life, archeology, local Native American culture, local ethnic
culture, and historic significance.
(e) Rates
All rates and charges to the public by the Concessioner for visitor services shall be reasonable and
appropriate for the type and quality of facilities and/or services required and/or authorized under this
Contract. The Concessioner's rates and charges to the public must be approved by the Director in
accordance with Applicable Laws and guidelines promulgated by the Director from time to time ..
(f) Impartiality as to Rates and Services
(1) Subject to Section (f)(2) and (f)(3), in providing visitor services, the Concessioner must require its
employees to observe a strict impartiality as to rates and services in all circumstances. The
Concessioner shall comply with all Applicable Laws relating to nondiscrimination in providing visitor
services to the public including, without limitation, those set forth in Exhibit B.
(2) The Concessioner may grant complimentary or reduced rates under such circumstances as are
customary in businesses of the character conducted under this Contract. However, the Director reserves
the right to review and modify the Concessioner's complimentary or reduced rate policies and practices
as part of its rate approval process.
(3) The Concessioner will provide Federal employees conducting official business reduced rates for
lodging, essential transportation and other specified services necessary for conducting official business in
accordance with guidelines established by the Director. Complimentary or reduced rates and charges
shall otherwise not be provided to Federal employees by the Concessioner except to the extent that they
are equally available to the general public.
SEC. 4. CONCESSIONER PERSONNEL
(a) Employees
(1) The Concessioner shall provide ell personnel necessary to provide the visitor services required and
authorized by this Contract.
(2) The Concessioner shall comply with all Applicable Laws relating to employment and employment
conditions, including, without limitation, those set forth in Exhibit B.
(3) The Concessioner shall ensure that its employees are hospitable and exercise courtesy and
consideration in their relations with the public. The Concessioner shall have its employees who come in
direct contact with the public, so far as practicable, wear a uniform or badge by which they may be
identified as the employees of the Concessioner.
(4) The Concessioner shall establish pre-employment screening, hiring, training, employment, termination
and other policies end procedures for the purpose of providing visitor services through its employees in
an efficient and effective manner and for the purpose of maintaining a healthful, law abiding, and safe
working environment for its employees. The Concessioner shall conduct appropriate background reviews
of applicants to whom an offer for employment may be extended to assure that they conform to the hiring
policies established by the Concessioner.
(5) The Concessioner shall ensure that its employees are provided the training needed to provide quality
visitor services and to maintain up-to-date job skills.
TC-ROCR004-12 Draft Contract Page5
(6) The Concessioner shall review the conduct of any of its employees whose action or activities are
considered by the Concessioner or the Director to be inconsistent with the proper administration of the
Area and enjoyment and protection of visitors and shall take such actions as are necessary to correct the
situation.
(7) The Concessioner shall maintain, to the greatest extent possible, a drug free environment, both in the
workplace and in any Concessioner employee housing, within the Area.
(8) The Concessioner shall publish a statement notifying employees that the unlawful manufacture,
distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and in
the Area, and specifying the actions that will be taken against employees for violating this prohibition. In
addition, the Concessioner shall establish a drug-free awareness program to inform employees about the
danger of drug abuse in the workplace and the Area, the availability of drug counseling, rehabilitation and
employee assistance programs, and the Concessioner's policy of maintaining a drug-free environment
both in the workplace and in the Area.
(9) The Concessioner shall take appropriate personnel action, up to and including termination or requiring
satisfactory participation in a drug abuse or rehabilitation program which is approved by a Federal, State,
or local health, law enforcement or other appropriate agency, for any employee that Is found to be in
violation of the prohibition on the unlawful manufacture, distribution, dispensing, possession, or use of a
controlled substance.
(b) Employee Housing and Recreation
(1) If the Concessioner is required to provide employee housing under this Contract, the Concessioner's
charges to its employees for this housing must be reasonable.
(2) If the visitor services required and/or authorized under this Contract are located in a remote or isolated
area, the Concessioner shall provide appropriate employee recreational activities.
SEC. 5. LEGAL, REGULATORY, AND POLICY COMPLIANCE
(a) Legal, Regulatory and Policy Compliance
This Contract, operations thereunder by the Concessioner and the administration of it by the Director,
shall be subject to all Applicable Laws. The Concessioner must comply with all Applicable Laws in
fulfilling its obligations under this Contract at the Concessioner's sole cost and expense. Certain
Applicable Laws governing protection of the environment are further described in this Contract. Certain
Applicable Laws relating to nondiscrimination In employment and providing accessible facilities and
services to the public are further described in this Contract.
(b) Notice
The Concessioner shall give the Director immediate written notice of any violation of Applicable Laws by
the Concessioner, including its employees, agents or contractors, and, at its sole cost and expense, must
promptly rectify any such violation.
(c) How and Where To Send Notice
All notices required by this Contract shall be in writing and shall be served on the parties at the following
addresses. The mailing of a notice by registered or certified mail, return receipt requested, shall be
sufficient service. Notices sent to the Director shall be sent to the following address:
Superintendent
TC-ROCR004-12
Rock Creek F'Drk
3545 Wiliamsburg Lanrcl, NW
Washington, DC 2000'3-'120'/
Draft Contract Page 6
- - - - - - - - - - - - - - - - - ~ ~ -
Notices sent to the Concessioner shall be sent to the following address:
(TBD)
SEC. 6. ENVIRONMENTAL AND CULTURAL PROTECTION
(a) Environmental Management Objectives
The Concessioner shall meet the following environmental management objectives (hereinafter
"Environmental Management Objectives") in the conduct of its operations under this Contract:
(1) The Concessioner, including its employees, agents and contractors, shall comply with all Applicable
Laws pertaining to the protection of human health and the environment.
(2) The Concessioner shall incorporate Best Management Practices (BMPs) in its operation, construction,
maintenance, acquisition, provision of visitor services, and other activities under this Contract.
(b) Environmental Management Program
(1) The Concessioner shall develop, document, implement, and comply fully with, to the satisfaction of the
Director, a comprehensive written Environmental Management Program (EMP) to achieve the
Environmental Management Objectives. The initial EMP shall be developed and submitted to the Director
for approval within sixty days of the effective date of this Contract. The Concessioner shall submit to the
Director for approval a proposed updated EMP annually,
(2) The EMP shall account for all activities with potential environmental impacts conducted by the
Concessioner or to which the Concessioner contributes. The scope and complexity of the EMP may vary
based on the type, size and number of Concessioner activities under this Contract.
(3) The EMP shall include, without limitation, the following elements:
(i) Policy. The EMP shall provide a clear statement of the Concessioner's commitment to the
Environmental Management Objectives,
(ii) Goals and Targets. The EMP shall identify environmental goals established by the Concessioner
consistent with all Environmental Management Objectives, The EMP shall also identify specific targets
(i,e. measurable results and schedules) to achieve these goals.
(iii) Responsibilities and Accountability. The EMP shall identify environmental responsibilities for
Concessioner employees and contractors, The EMP shall include the designation of an environmental
program manager. The EMP shall include procedures for the Concessioner to implement the evaluation
of employee and contractor performance against these environmental responsibilities.
(iv) Documentation. The EMP shall identify plans, procedures, manuals, and other documentation
maintained by the Concessioner to meet the Environmental Management Objectives.
(v) Documentation Control and Information Management System. The EMP shall describe (and
implement) document control and Information management systems to maintain knowledge of Applicable
Laws and BMPs. In addition, the EMP shall identify how the Concessioner will manage environmental
information, including without limitation, plans, permits, certifications, reports, and correspondence.
(vi) Reporting. The EMP shall describe (and implement) a system for reporting environmental information
on a routine and emergency basis, including providing reports to the Director under this Contract.
(vii) Communication. The EMP shall describe how the environmental policy, goals, targets,
responsibilities and procedures will be communicated throughout tho Concessioner's organization.
(viii) Training. The EMP shall describe the environmental training program for the Concessioner,
including identification of staff to be trained, training subjects, frequency of training and how training will
be documented.
(ix) Monitoring, Measurement, and Corrsctlve Action. The EMP shall describe how the Concessioner will
comply with the EMP and how the Concessioner will self-assess its performance under the EMP, a least
annually, in a manner consistent with NPS protocol regarding audit of NPS operations. The self-
assessment should ensure the Concessioner's conformance with the Environmental Management
Objectives and measure performance against environmental goals and targets. The EMP shall also
describe procedures to be taken by the Concessioner to correct any deficiencies identified by the self"
assessment.
(c) Environmental Performance Measurement
The Concessioner shall be evaluated by the Director on its environmental performance under this
Contract, including, without limitation, compliance with the approved EMP, on at least an annual basis.
(d) Environmental Data, Reports, Notifications, and Approvals
(1) Inventory of Hazardous Substances and Inventory of Waste Streams. The Concessioner shall submit
to the Director, at least annually, an inventory of federal Occupational Safety and Health Administration
(OSHA) designated hazardous chemicals used and stored in the Area by the Concessioner. The Director
may prohibit the use of any OSHA hazardous chemical by the Concessioner in operations under this
Contract. The Concessioner shall obtain the Director's approval prior to using any extremely hazardous
substance, as defined in the Emergency Planning and Community Right to Know Act of 1986, In
operations under this Contract. The Concessioner shall also submit to the Director, at least annually, an
inventory of all waste streams generated by the Concessioner under this Contract. Such inventory shall
include any documents, reports, monitoring data, manifests, and other documentation required by
Applicable Laws regarding waste streams.
(2) Reports. The Concessioner shall submit to the Director copies of all documents, reports, monitoring
data, manifests, and other documentation required under Applicable Laws to be submitted to regulatory
agencies. The Concessioner shall also submit to the Director any environmental plans for which
coordination with Area operations are necessary and appropriate, as determined by the Director in
accordance with Applicable Laws.
(3) Notification of Releases. The Concessioner shall give the Director immediate written notice of any
discharge, release or threatened release (as these terms are defined by Applicable Laws) within or at the
vicinity of the Area, (whether solid, semi-solid, liquid or gaseous in nature) of any hazardous or toxic
substance, material, or waste of any kind, including, without limitation, building materials such as
asbestos, or any contaminant, pollutant, petroleum, petroleum product or petroleum by"product.
(4) Notice of Violation. The Concessioner shall give the Director in writing immediate notice of any written
threatened or actual notice of violation from other regulatory agencies of any Applicable Law arising out of
the activities of the Concessioner, its agents or employees.
(5) Communication with Regulatory Agencies. The Concessioner shall provide timely written advance
notice to the Director of communications, including without limitation, meetings, audits, inspections,
hearings and other proceedings, between regulatory agencies and the Concessioner related to
compliance with Applicable Laws concerning operations under this Contract. The Concessioner shall
Page B
also provide to the Director any written materials prepared or received by the Concessioner in advance of
or subsequent to any such communications. The Concessioner shall allow the Director to participate in
any such communications. The Concessioner shall also provide timely notice to the Director following
any unplanned communications between regulatory agencies and the Concessioner.
(e) Corrective Action
(1) The Concessioner, at its sole cost and expense, shall promptly control and contain any discharge,
release or threatened release, as set forth in this section, or any threatened or actual violation, as set
forth in this section, arising in connection with the Concessioner's operations under this Contract,
including, but not limited to, payment of any fines or penalties imposed by appropriate agencies.
Following the prompt control or containment of any release, discharge or violation, the Concessioner shall
take all response actions necessary to remediate the release, discharge or violation, and to protect
human health and the environment.
(2) Even if not specifically required by Applicable Laws; the Concessioner shall comply with directives of
the Director to clean up or remove any materials, product or by-product used, handled, stored, disposed,
or transported onto or into the Area by the Concessioner to ensure that the Area remains in good
condition.
(f) Indemnification and Cost Recovery for Concessioner Environmental Activities
(1) The Concessioner shall indemnify the United States in accordance with Section 11 of this Contract
from all losses, claims, damages, environmental injuries, expenses, response costs, allegations or
judgments (including, without llmltation, fines and penalties) and expenses (including, without limitation,
attorneys fees and experts' fees) arising out of the activities of the Concessioner, its employees, agents
and contractors pursuant to this section. Such indemnification shall survive termination or expiration of
this Contract.
(2) If the Concessioner does not promptly contain and remediate an unauthorized discharge or release
arising out of the activities of the Concessioner, its employees, agents and contractors, as set forth In this
section, or correct any environmental self"assessment finding of non-compliance, in full compliance with
Applicable Laws, the Director may, in its sole discretion and after notice to the Concessioner, take any
such action consistent with Applicable Laws as the Director deems necessary to abate, mitigate,
remedlate, or otherwise respond to such release or discharge, or take corrective action on the
environmental self-assessment finding. The Concessioner shall be liable for and shall pay to the Director
any costs of the Director associated with such action upon demand. Nothing in this section shall preclude
the Concessioner from seeking to recover costs from a responsible third party.
(g) Weed and Pest Management
The Concessioner shall be responsible for managing weeds, and through an integrated pest
management program, harmful insects, rats, mice and other pests on Concession Facilities assigned to
the Concessioner under this Contract. All such weed and pest management activities shall be in
accordance with Applicable Laws and guidelines established by the Director.
(h) Protection of Cultural and Archeologlcal Resources
The Concessioner shall ensure that any protected sites and archeological resources within the Area are
not disturbed or damaged by the Concessioner, including the Concessioner's employees, agents and
contractors, except in accordance with Applicable Laws, and only with the prior approval of the Director.
Discoveries of any archeological resources by the Concessioner shall be promptly reported to the
Director. The Concessioner shall cease work or other disturbance which may impact any protected site
or archeological resource until the Director grants approval, upon such terms and conditions as the
Director deems necessary, to continue such work or other disturbance.
TC-ROCR004-12 Draft Contract Pogo9
~ ~ ~ ~ ~ ~ ~ ~ ~
SEC. 7. INTERPRETATION OF AREA RESOURCES
(a) Concessioner Obligations
(1) The Concessioner shall provide all visitor services in a manner that is consistent with and supportive
of the interpretive themes, goals and objectives of the Area as reflected in Area planning documents,
mission statements and/or interpretive prospectuses.
(2) The Concessioner may assist in Area interpretation at the request of the Director to enhance visitor
enjoyment of the Area, Any additional visitor services that may result from this assistance must be
recognized in writing through written amendment of Section 3 of this Contract.
(3) The Concessioner is encouraged to develop interpretive materials or means to educate visitors about
environmental programs or initiatives implemented by the Concessioner.
(b) Director Review of Content
The Concessioner must submit the proposed content of any interpretive programs, exhibits, displays or
materials, regardless of media format (l.e, printed, electronic, or broadcast media), to the Director for
review and approval prior to offering such programs, exhibits, displays or materials to Area visitors.
SEC. 8. CONCESSION FACILITIES USED IN OPERATION av THE CONCESSIONER
(a) Assignment of Concession Facilities
(1) The Director hereby assigns Concession Facilities as described in Exhibit C to the Concessioner for
the purposes of this Contract. The Concessioner shall not be authorized to construct any Capital
Improvements (as defined in Applicable Laws including without limitation 36 CFR Part 51) upon Area
lands, The Concessioner shall not obtain a Leasehold Surrender Interest or other compensable interest
in Capital Improvements constructed or installed in violation of this Contract.
(2) The Director shall from time to time amend Exhibit C to reflect changes in Concession Facilities
assigned to the Concessioner.
(b) Concession Facilities Withdrawals
The Director may withdraw all or portions of these Concession Facilities assignments at any time during
the term of this Contract if:
(1) The withdrawal is necessary for the purpose of conserving, preserving or protecting Area resources or
visitor enjoyment or safety;
(2) The operations utilizing the assigned Concession Facilities have been terminated or suspended by the
Director: or
(3) Land or real property improvements assigned to the Concessioner are no longer necessary for the
concession operation.
(c) Effect of Withdrawal
Any permanent withdrawal of assigned Concession Facilities which the Director or the Concessioner
considers to be essential for the Concessioner to provide the visitor services required by this Contract will
be treated as a termination of this Contract pursuant to Section 15. No compensation is due the
Concessioner in these circumstances,
TC-ROCR004- 12
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(d) Right of Entry
The Director shall have the right at any time to enter upon or into the Concession Facilities assigned to
the Concessioner under this Contract for any purpose he may deem necessary for the administration of
the Area.
(e) Personal Property
(1) Personal Property Provided by the Concessioner. The Concessioner shall provide all personal
property, including without limitation removable equipment, furniture and goods, necessary for its
operations under this Contract, unless such personal property is provided by the Director as set forth in
subsection (e)(2).
(2) Personal Property Provided by the Government. The Director may provide certain items of
government personal property, including without limitation removable equipment, furniture and goods, for
the Concessioner's use in the performance of this Contract. The Director hereby assigns government
personal property listed in Exhibit D to the Concessioner as of the effective date of this Contract. This
Exhibit D will be modified from time to time by the Director as items may be withdrawn or additional items
added. The Concessioner shall be accountable to the Director for the government personal property
assigned to it and shall be responsible for maintaining the property as necessary to keep it in good and
operable condition. 1r the property ceases to be serviceable, it shall be returned to the Director for
disposition.
(f) Condition of Concession Facilities
The Concessioner has inspected the Concession Facilities and any assigned government personal
property, is thoroughly acquainted with their condition, and accepts the Concession Facilities, and any
assigned government personal property, "as is."
(g) Utilities
(1) The Director may provide utilities to the Concessioner for use in connection with the operations
required or authorized hereunder when available and at rates to be determined in accordance with
Applicable Laws.
(2) If the Director does not provide utilities to the Concessioner, the Concessioner shall, with the written
approval of the Director and under any requirements that the Director shall prescribe, secure necessary
utilities at its own expense from sources outside the Area.
SEC. 9. MAINTENANCE
(a) Maintenance Obligation
Subject to the limitations set forth in Section 8(a)(1) of this Contract, the Concessioner shall be solely
responsible for maintenance, repairs, housekeeping, and groundskeeping for all Concession Facilities to
the satisfaction of the Director.
(b) Maintenance Plan
For these purposes, the Director, acting through the Superintendent, shall undertake appropriate
inspections, and shall establish and revise, as necessary, a Maintenance Plan consisting of specific
maintenance requirements which shall be adhered to by the Concessioner. The Initial Maintenance Plan
is set forth in Exhibit E. The Director in his discretion may make reasonable modifications to the
Maintenance Plan from time to time after consultation with the Concessioner. Such modifications shall be
TC-ROCR004-12 Draft Contract Page 11
in furtherance of the purposes of this Contract and shall not be Inconsistent with the terms and conditions
SEC. 10. FEES
(a) Franchise Fee
(1) For the term of this Contract, the Concessioner shall pay to the Director for the privileges granted
under this Contract a franchise fee equal to three percent (3%) of the Concessioner's gross receipts for
the preceding year or portion of a year.
(2) Neither the Concessioner nor the Director shall have e right to an adjustment of the fees except as
provided below. The Concessioner has no right to waiver of the fee under any circumstances.
(b) Payments Due
(1) The franchise feo shall be due on a monthly basis at the end of each month and shall be paid by the
Concessioner in such a manner that the Director shall receive payment within fifteen (15) days after the
last day of each month that the Concessioner operates. This monthly payment shall include the franchise
fee equal to the specified percentage of gross receipts for the preceding month.
(2) The Concessioner shall pay any additional fee amounts due at the end of the operating year as a
result of adjustments at the time of submission of the Concessioner's Annual Financial Report.
Overpayments shall be offset against the following year's fees. In the event of termination or expiration of
this Contract, overpayments will first be offset against any amounts due and owing the Government and
the remainder will be paid to the Concessioner.
(3) All franchise fee payments consisting of $10,000 or more, shall be deposited by the Concessioner in
(c) Interest
An Interest charge will be assessed on overdue amounts for each thirty (30) day period, or portion
thereof, that payment is delayed beyond the fifteen (15) day period provided for above. The percent of
interest charged will be based on the current value of funds to the United States Treasury es published
quarterly in the Treasury Fiscal Requirements Manual. The Director may also impose penalties for late
payment to the extent authorized by Applicable Law.
(d) Adjustment of Franchise Fee
(1) The Concessioner or the Director may request, in the event that either considers that extraordinary,
unanticipated changes have occurred after the effective date of this Contract, a reconsideration and
possible subsequent adjustment of the franchise fee established in this section. For the purposes of this
section, the phrase "extraordinary, unanticipated changes" shall mean extraordinary, unanticipated
changes from the conditions existing or reasonably anticipated before the effective date of this Contract
which have or will significantly affect the probable value of the privileges granted to the Concessioner by
this Contract. For the purposes of this section, the phrase "probable value" means a reasonable
opportunity for net profit in relation to capital invested and the obligations of this Contract.
(2) The Concessioner or the Director must make a request for a reconsideration by mailing, within sixty
(60) days from the date that the party becomes aware, or should have become aware, of the possible
extraordinary, unanticipated changes, a written notice to the other party that includes a description of the
possible extraordinary, unanticipated changes and why the party believes they have affected or will
significantly effect the probable value of the privileges granted by this Contract.
TC-ROCR004" 12
(3) If the Concessioner and the Director agree that extraordinary, unanticipated changes have occurred,
the Concessioner and the Director will undertake good faith negotiations as to an appropriate adjustment
of the franchise fee.
(4) The negotiation will last for a period of sixty (60) days from the date the Concessioner and the Director
agree that extraordinary, unanticipated changes occurred. If the negotiation results in agreement as to an
adjustment (up or down) of the franchise fee within this period, the franchise fee will be adjusted
accordingly, prospectively as of the date of agreement.
(5) If the negotiation does not result in agreement as to the adjustment of the franchise fee within this
sixty (60) day period, then either the Concessioner or the Director may request binding arbitration to
determine the adjustment to franchise fee in accordance with this section. Such a request for arbitration
must be made by mailing written notice to the other party within fifteen (15) days of the expiration of the
sixty (60) day period.
(6) Within thirty (30) days of receipt of such a written notice, the Concessioner and the Director shall each
select an arbiter. These two arbiters, within thirty (30) days of selection, must agree to the selection of a
third arbiter to complete the arbitration panel. Unless otherwise agreed by the parties, the arbitration
panel shall establish the procedures of the arbitration. Such procedures must provide each party a fair
and equal opportunity to present its position on the matter to the arbitration panel.
(7) The arbitration panel shall consider the written submissions and any oral presentations made by the
Concessioner and the Director and provide its decision on an adjusted franchise fee (up, down or
unchanged) that is consistent with the probable value of the privileges granted by this Contract within
sixty (60) days of the presentations.
(8) Any adjustment to the franchise fee resulting from this section shall be prospective only.
(9) Any adjustment to the franchise fee will be embodied in an amendment to this Contract.
(10) During the pendency of the process described in this section, the Concessioner shall continue to
make the established franchise fee payments required by this Contract.
SEC. 11. INDEMNIFICATION AND INSURANCE
(a) Indemnification
The Concessioner agrees to assume liability for and does hereby agree to save, hold harmless, protect,
defend and indemnify the United States of America, its agents and employees from and against any and
all liabilities, obligations, losses, damages or judgments (including without limitation penalties and fines),
claims, actions, suits, costs and expenses (including without limitation attorneys fees and experts' fees) of
any kind and nature whatsoever on account of fire or other peril, bodily injury, death or property damage,
or claims for bodily injury, death or property damage of any nature whatsoever, and by whomsoever
made, in any way connected with or arising out of the activities of the Concessioner, its employees,
agents or contractors under this Contract. This indemnification shall survive the termination or expiration
of this Contract.
(b) Insurance in General
(1) The Concessioner shall obtain and maintain during the entire term of this Contract at its sole cost and
expense, the types and amounts of insurance coverage necessary to fulfill the obligations of this Contract
as determined by the Director. The initial insurance requirements are set forth below and in Exhibit F.
Any changed or additional requirements that the Director determines necessary must be reasonable and
consistent with the types and coverage amounts of insurance a prudent businessperson would purchase
Page 13
in similar circumstances. The Director shall approve the types and amounts of insurance coverage
purchased by the Concessioner.
(2) The Director will not be responsible for any omissions or inadequacies of insurance coverages and
amounts in the event the insurance purchased by the Concessioner proves to be inadequate or otherwise
insufficient for any reason whatsoever.
(3) At the request of the Director, the Concessioner shall at the time insurance is first purchased and
annually thereafter, provide the Director with a Certificate of Insurance that accurately details the
conditions of the policy as evidence of compliance with this section.
The Concessioner shall provide the Director immediate written notice of any material change in the
Concessioner's insurance program hereunder, including without limitation, cancellation of any required
insurance coverages.
(c) Commercial Public Liability
(1) The Concessioner shall provide commercial general liability insurance against claims arising out of or
resulting from the acts or omissions of the Concessioner or Its employees, agents or contractors, in
carrying out the activities and operations required and/or authorized under this Contract.
(2) This insurance shall be in the amount commensurate with the degree of risk and the scope and size of
the activities required and/or authorized under this Contract, as more specifically set forth in Exhibit F.
Furthermore, the commercial general liability package shall provide no less than the coverages and limits
described in Exhibit F.
(3) All liability policies shall specify that the insurance company shall have no right of subrogation against
the United States of America and shall provide that the United States of America is named an additional
insured.
(4) From time to time, as conditions in the insurance industry warrant, the Director may modify Exhibit F to
revise the minimum required limits or to require additional types of insurance, provided that any additional
requirements must be reasonable and consistent with the types of insurance a prudent businessperson
would purchase in similar circumstances.
(d) Property Insurance
(1) In the event of damage or destruction, the Concessioner will repair or replace those Concession
Facilities and personal property utilized by the Concessioner in the performance of the Concessioner's
obligations under this Contract.
(2) For this purpose, the Concessioner shall provide fire and extended insurance coverage on
Concession Facilities for all or part of their replacement cost as specified in Exhibit F in amounts no less
than the Director may require during the term of the Contract. The minimum values currently in effect are
set forth in Exhibit F.
(3) Commercial property insurance shall provide for the Concessioner and the United States of America
to be named Insured as their Interests may appear.
(4) In the event of loss, the Concessioner shall use all proceeds of such insurance to repair, rebuild,
restore or replace Concession Facilities and/or personal property utilized in the Concessioner's
operations under this Contract, as directed by the Director. Policies may not contain provisions limiting
insurance proceeds to in situ replacement. The lien provision of Section 12 shall apply to such insurance
proceeds. The Concessioner shall not be relieved of its obligations under subsection (d)(1) because
insurance proceeds are not sufficient to repair or replace damaged or destroyed property.
(5) Insurance policies that cover Concession Facilities shall contain a loss payable clause approved by
the Director which requires insurance proceeds to be paid directly to the Concessioner without requiring
endorsement by the United States, unless the damage exceeds $1,000,000. The use of insurance
proceeds for repair or replacement of Concession Facilities will not alter their character as properties of
the United States and, notwithstanding any provision of this Contract to the contrary, the Concessioner
shall gain no ownership, Leasehold Surrender Interest or other compensable interest as a result of the
use of these insurance proceeds.
(6) The commercial property package shall include the coverages and amounts described in Exhibit F.
SEC. 12. BONDS AND LIENS
(a} Bonds
The Director may require the Concessioner to furnish appropriate forms of bonds in amounts reasonable
in the circumstances and acceptable to the Director, in order to ensure faithful performance of the
Concessioner's obligations under this Contract.
(b) Lien
As additional security for the faithful performance by the Concessioner of its obligations under this
Contract, and the payment to the Government of all damages or claims that may result from the
Concessioner's failure to observe any such obligations, the Government shall have at all times the first
lien on all assets of the Concessioner within the Area, including, but not limited to, all personal property of
the Concessioner used in performance of the Contract hereunder within the Area.
SEC. 13. ACCOUNTING RECORDS AND REPORTS
(a) Accounting System
(1) The Concessioner shall maintain an accounting system under which its accounts can be readily
identified with its system of accounts classification. Such accounting system shall be capable of providing
the information required by this Contract. including but not limited to the Concessioner's repair and
maintenance obligations. The Concessioner's system of accounts classification shall be directly related
to the Concessioner Annual Financial Report Form is_sued by the Director.
(2) If the Concessioner's annual gross receipts are $250,000 or more, the Concessioner must use the
accrual accounting method.
(3) In computing net profits for any purposes of this Contract, the Concessioner shall keep its accounts in
such manner that there can be no diversion or concealment of profits or expenses in the operations
authorized under this Contract by means of arrangements for the procurement of equipment,
merchandise, supplies or services from sources controlled by or under common ownership with the
Concessioner or by any other device.
(b) Annual Financial Report
(1) The Concessioner shall submit annually as soon as possible but not later than one hundred twenty
(120) days after the last day of its fiscal year a financial statement for the preceding fiscal year or portion
of a year as prescribed by the Director ("Concessioner Annual Financial Report").
(2) If the annual gross receipts of the Concessioner are in excess of $1,000,000, the financial statements
shall be audited by an independent Certified Public Accountant in accordance with Generally Accepted
Auditing Standards (GAAS) and procedures promulgated by the American Institute of Certified Public
Accountants.
(3) If annual gross receipts are between $500,000, and $1,000,000, the financial statements shall be
reviewed by an independent Certified Public Accountant in accordance with Generally Accepted Auditing
Standards (GAAS) and procedures promulgated by the American Institute of Certified Public
Accountants.
(4) If annual gross receipts are less than $500,000, the financial statements may be prepared without
involvement by an independent Certified Public Accountant, unless otherwise directed by the Director.
(c) Other Financial Reports
Balance Sheet. Within ninety (90) days of the execution of this Contract or its effective date, whichever is
later, the Concessioner shall submit to the Director a balance sheet as of the beginning date of the term
of this Contract. The balance sheet shall be audited or reviewed, as determined by the annual gross
receipts, by an Independent Certified Public Accountant.
SEC. 14. OTHER REPORTING REQUIREMENTS
The following describes certain other reports required under this Contract:
(a) Insurance Certification
As specified in Section 11, the Concessioner shall, at the request of the Director, provide the Director with
a Certificate of Insurance for all insurance coverages related to its operations under this Contract. The
Concessioner shall give the Director immediate written notice of any material change in its insurance
program, including without limitation, any cancellation of required insurance coverages.
(b) Environmental Reporting
The Concessioner shall submit environmental reports as specified in Section 6 of this Contract, and as
otherwise required by the Director under the terms of this Contract.
(c) Miscellaneous Reports and Data
The Director from time to time may require the Concessioner to submit other reports and data regarding
its performance under the Contract or otherwise, including, but not limited to, operational information.
SEC. 15. SUSPENSION, TERMINATION, OR EXPIRATION
(a) Suspension
The Director may temporarily suspend operations under this Contract in whole or in part in order to
protect Area visitors or to protect, conserve and preserve Area resources. No compensation of any
nature shall be due the Concessioner by the Director In the event of a suspension of operations,
including, but not limited to, compensation for losses based on lost income, profit, or the necessity to
make expenditures as a result of the suspension.
(b) Termination
(1) The Director may terminate this Contract at any time in order to protect Area visitors, protect,
conserve, and preserve Area resources, or to limit visitor services in the Area to those that.continue to be
necessary and appropriate.
, _________ . ___ , _____________ ~ ~
(2) The Director may terminate this Contract if the Director determines that the Concessioner has
materially breached any requirement of this Contract, including, but not limited to, the
requirement to maintain and operate visitor services to the satisfaction of the Director, the requirement to
provide only those visitor services required or authorized by the Director pursuant to this Contract, the
requirement to pay the established franchise fee, the requirement to prepare and comply with an
Environmental Management Program and the requirement to comply with Applicable Laws.
(3) In the event of a breach of the Contract, the Director will provide the Concessioner an opportunity to
cure by providing written notice to the Concessioner of the breach. In the event of a monetary breach,
the Director will give the Concessioner a fifteen (15) day period to cure the breach. If the breach is not
cured within that period, then the Director may terminate the Contract for default. In the event of a
non monetary breach, if the Director considers that the nature of the breach so permits, the Director will
give the Concessioner thirty (30) days to cure the breach, or to provide a plan, to the satisfaction of the
Director, to cure the breach over a specified period of time. If the breach is not cured within this specified
period of time, the Director may terminate the Contract for default. Notwithstanding this provision,
repeated breaches (two or more) of the same nature shall be grounds for termination for default without a
cure period. In the event of a breach of any nature, the Director may suspend the Concessioner's
operations as appropriate in accordance with Section 15(a).
(4) The Director may terminate this Contract upon the filing or the execution of a petition In bankruptcy by
or against the Concessioner, a petition seeking relief of the same or different kind under any provision of
the 8enkruptcy Act or its successor, an assignment by the Concessioner for the benefit of creditors, a
petition or other proceeding against the Concessioner for the appointment of a trustee, receiver, or
liquidator, or, the taking by any person or entity of the rights granted by this Contract or any part thereof
upon execution, attachment or other process of law or equity. The Director may terminate this Contract if
the Director determines that the Concessioner is unable to perform the terms of Contract due to
bankruptcy or insolvency.
(5) Termination of this Contract for any reason shall be by written notice to the Concessioner.
(c) Notice of Bankruptcy or Insolvency
The Concessioner must give the Director immediate notice (within live (5) days) after the filing of any
petition in bankruptcy, filing any petition seeking relief of the same or different kind under any provision of
the aankruptcy Act or its successor, or making any assignment for the benefit of creditors. The
Concessioner must also give the Director immediate notice of any petition or other proceeding against the
Concessioner for the appointment of a trustee, receiver, or liquidator, or, the taking by any person or
entity of the rights granted by this Contract or any part thereof upon execution, attachment or other
process of law or equity. For purposes of the bankruptcy statutes, NPS considers that this Contract is not
a lease but an executory contract exempt from inclusion in assets of Concessioner pursuant to 11 U.S.C.
365.
(d) Requirements in the Event of Termination or Expiration
(1) In the event of termination of this Contract for any reason or expiration of this Contract, no
compensation of any nature shall be due the Concessioner in the event of a termination or expiration of
this Contract, including, but not limited to, compensation for losses based on lost income, profit, or the
necessity to make expenditures as a result of the termination.
(2) Upon termination of this Contract for any reason, or upon its expiration, and except as otheiwise
provided in this section, the Concessioner shall, at the Concessloner's expense, promptly vacate the
Area, remove ell of the Concessioner's personal property, repair any injury occasioned by installation or
removal of such property, and ensure that Concession Facilities are in at least as good condition as they
were at the beginning of the term of this Contract, reasonable wear and tear excepted. The removal of
such personal property must occur within thirty (30) days after the termination of this Contract for any
TC-ROCR004" 12 Draft Contract Page 17
reason or its expiration (unless the Director in particular circumstances requires immediate removal). No
compensation is due the Concessioner from the Director or a successor concessioner for the
Concessioner's personal property used in operations under this Contract. However, the Director or a
successor concessioner may purchase such personal property from the Concessioner subject to mutually
agreed upon terms. Personal property not removed from the Area by the Concessioner in accordance
with the terms of this Contract shall be considered abandoned property subject to disposition by the
Director, at full cost and expense of the Concessioner, in accordance with Applicable Laws. Any cost or
expense incurred by the Director as a result of such disposition may be offset from any amounts owed to
the Concessioner by the Director to the extent consistent with Applicable Laws.
(3) To avoid interruption of services to the public upon termination of this Contract for any reason, or upon
its expiration, the Concessioner, upon the request of the Director, shall consent to the use by another
operator of the Concessioner's personal property, excluding inventories if any, not including current or
intangible assets, for a period of time not to exceed one (1) year from the date of such termination or
expiration. The other operator shall pay the Concessioner an annual fee for use of such property,
prorated for the period of use, in the amount of the annual depreciation of such property, plus a return on
the book value of such property equal to the prime lending rate, as published by the Federal Reserve
System Board of Governors, effective on the date the operator assumes managerial and operational
responsibilities. In such circumstances, the method of depreciation applied shall be either straight line
depreciation or depreciation as shown on the Concessloner's Federal income tax return, whichever is
less. To avoid interruption of services to the public upon termination of this Contract for any reason or its
expiration, the Concessioner shall, if requested by the Director, sell its existing inventory to another
operator at the purchase price as shown on applicable invoices.
(4) Prior to and upon the expiration or termination of this Contract for any reason, and, in the event that
the Concessioner is not to continue the operations authorized under this Contract after its expiration or
termination, the Concessioner shall comply with all applicable requirements of Exhibit G to this Contract,
"Transition to New Concessioner." This section and Exhibit G shall survive the expiration or termination
of this Contract.
SEC. 16. ASSIGNMENT, SALE OR ENCUMBRANCE OF INTERESTS
(a) This Contract is subject to the requirements of Applicable Laws, including, without limitation, 36 CFR
Part 51, with respect to proposed assignments and encumbrances, as those terms are defined by
Applicable Laws. Failure by the Concessioner to comply with Applicable Laws is a material breach of this
Contract for which the Director may terminate this Contract for default. The Director shall not be obliged
to recognize any right of any person or entity to an interest in this Contract of any nature or operating
rights under this Contract, if obtained in violation of Applicable Laws.
(b) The Concessioner shall advise any person(s) or entity proposing to enter into a transaction which may
be subject to Applicable Laws, including without limitation, 36 CFR Part 51, of the requirements of
Applicable Law and this Contract.
SEC. 17. GENERAL PROVISIONS
(a) The Director and Comptroller General of the United States, or any of their duly authorized
representatives, shall have access to the records of the Concessioner as provided by the terms of
Applicable Laws.
(b) All information required to be submitted to the Director by the Concessioner pursuant to this Contract
is subject to public release by the Director to the extent provided by Applicable Laws.
(c) Subconcession or other third party agreements, including management agreements, for the provision
of visitor services required and/or authorized under this Contract are not permitted.
TC-ROCR004-12 Draft Contract
=------
(d) The Concessioner is not entitled to be awarded orto have negotiating rights to any Federal
procurement or seivice contract by virtue of any provision of this Contract.
Page 18
( e) Any and all taxes or assessments of any nature that may be lawfully imposed by any State or its
political subdivisions upon the property or business of the Concessioner shall be paid promptly by the
Concessioner.
(f) No member of, or delegate to, Congress or Resident Commissioner shall be admitted to any share or
part of this Contract or to any benefit that may arise from this Contract but this restriction shall not be
construed to extend to this Contract if made with a corporation or company for its general benefit.
(g) This Contract is subject to the provisions of 2 C.F.R. Part. 1400 as applicable, concerning
nonprocurement debarment and suspension. The Director may recommend that the Concessioner
debarred or suspended in accordance with the requirements and procedures described in those
regulations, as they are effective now or may be revised In the future.
(h) This Contract contains the sole and entire agreement of the parties. No oral representations of any
nature form the basis of or may amend this Contract. This Contract may be ex1ended, renewed or
amended only when agreed to in writing by the Director and the Concessioner.
(i) This Contract does not grant rights or benefits of any nature to any third party.
G) The invalidity of a specific provision of this Contract shall not affect the validity of the remaining
provisions of this Contract.
(k) Waiver by the Director or the Concessioner of any breach of any of the terms of this Contract by the
other party shall not be deemed to be a waiver or elimination of such term, nor of any subsequent breach
of the same type, nor of any other term of the Contract. The subsequent acceptance of any payment of
money or other performance required by this Contract shall not be deemed to be a waiver of any
preceding breach of any term of the Contract.
(I) Claims against the Director (to the ex1ent subject to 28 U.S.C. 2514) arising from this Contract shall be
forfeited to the Director by any person who corruptly practices or attempts to practice any fraud against
the United States in the proof, statement, establishment, or allowance thereof within the meaning of 28
u.s.c. 2514.
(m) Nothing contained in this Contract shall be construed as binding the Director to expend, in any fiscal
year, any sum in excess of the appropriation made by Congress for that fiscal year or administratively
allocated for the subject matter of this Contract, or to involve the Director in any contract or other
obligation for the future expenditure of money in excess of such appropriations.
In Witness Whereof, the duly authorized representatives of the parties have executed this Contract on the
dates shown below.
CONCESSIONER UNITED STATES OF AMERICA
BY---..,.-.,,..--------
[Name of signer]
By ____ ......, _____ _
Jonathon 8. Jarvis
Title: ______ _
Director, National Park Seivice
Concessioner
--------- -----------
Page 19
DATE: --------' 20_ DATE: --------' 20_
DATE: -------- 20_
Exhibil A: Operating Pl_a_n ___________ P_a""g_e_A_-_I
EXHIBIT A
OPERATING PLAN
I) Introduction ......................................................................................................................................... 2
2) Mnuagemcnt Iksponsibilltles ............................................................................................................. 2
A) Concessioner ...................................................................................................................................... 2
BJ Service ................................................................................................................................................ 2
3) General opc1'llling standal'Cls and re11ufrc1nents ............................................................................... 2
AJ Season and Hours of Operation .......................................................................................................... 2
B) Rates ................................................................................................................................................... 3
C) Rate Approval Process ....................................................................................................................... 3
D) Evaluations and Inspections ........................................................................................................... J
EJ Visitor Comments .............................................................................................................................. 4
P) Human Resources Management ......................................................................................................... 4
GJ Risk Management Program ............................................................................................................ 5
HJ Environmental Management .......................................................................................................... 6
I) Security and Protection ...................................................................................................................... 6
J) Emergency Services ........................................................................................................................... 6
K) Public Relations ................................................................................................................................. 6
L) Advertisements and Promotional Material ......................................................................................... 7
M) Lost and Found ............................................................................................................................... 7
N) General Policies .............................................................................................................................. 7
4) Specific Operating Standards and Rcqufreme11ts ............................................................................. 7
A) Non"motorized Bout Rental ............................................................................................................... 7
B) Dry storage of non-motorized vehicles .............................................................................................. S
C) Utilities ............................................................................................................................................... S
DJ Authorized Services ........................................................................................................................ 8
5) Reporting Requfrements ..................................................................................................................... 8
AJ Concessioner Operatiom1l Reports ..................................... : ............................................................... S
Exhibit A: Operating Pian Page A-2
1) Introduction
This Operating Plan between [Con(:es.,inncr Ha111e I (hereinafter referred to <is the "Concessioner") and the
National Park Service (hereinafler referred to as the "Service") describes specific operating
responsibilities of the Concessioner and the Service with regard to those lands and facilities within Rock
Creek Park (hereinafter rcforrcd to as the "Area") that arc assigned to the Concessioner for the purposes
authorized by the Contract.
In the event of any conflict between the terms of the Contract and this Operating Plan, the terms of the
Contract, including its designations and amendments, will prevail.
This plan will be reviewed annually by the Superintendent in consultation with the Concessioner and
revised as determined necessary by the Superintendent of the Arca. Any revisions shall not be
inconsistent with the main body of this Contract. Any revisions must be reasonable and in fortherance of
the purposes of the Contract.
2) Management Responsibilities
A) Concessioner
(1) To achieve an effective and efficient working relationship between the Concessioner and the
Service, the Concessioner must designate an on-site general manager who:
(a) Has the authority and the managerial experience for operating the authorized Concession
Facilities and services required under the Contract;
(b) Will employ a staff with the expertise and training necessary to operate all services
authorized under the Contract;
(c) Has full authority to act as a liaison in all concession administrative and operational
matters within the Area; and,
(d) Has the responsibility for implementing the policies and direi;tives of the Service.
(e) Will designate an assistant manager or an acting "manager on duty" when the on"site
general manager is absent.
B) Service
(1) The Superintendent manages the Area with responsibility for all operations, including
appropriate oversight of concession operations. The Superintendent carries out the policies
and directives of the Service, including concession contract management. Directly, or through
designated representatives, the Superintendent reviews, directs, and coordinates
Concessioner activities relating to the Area. This includes:
(a) Evaluation of Concessioner services and Concession Facilities and related operations;
(b) Review and approval ot rates charged for all services;
(c) Review and approval of construction and all improvements to Concession Facilities.
3) General operating standards and requirements
A) Season and Hours of Operation
(1) Boat storage must be provided year-round.
(2) Boat rental must be provided, at a minimum, from approximately April 1 through September
30, as river and weather conditions permit.
(3) The minimum office hours will be from 9:00 AM to 5:00 PM daily from March 1 through
September 3oth. The Concessioner may close on Federal holidays. Any deviation from this
schedule must be submitted as a request to the Superintendent.
(4) If vending machines are provided, such machines will be provided year-round.
TC-ROCR004 12 , _____ A: Operating f_li_m ____ _
Page 1:2
B) Rates
(1) Rate Determination, All rates and charges to the public by the Concessioner must comply
with the provisions of Section 3(e) of the Contract. including (without limitation) Section 3(e)'s
requirements regarding approval by the Service of the rates and charges set. Tho
reasonableness and appropriateness of rates and charges under this Contract shall be
determined, unless and until a different rate determination is specified by the Service, using
the methodologies set out below. As used in this Operating Plan, each of the specified
methodologies has the same meaning as that set out in the most recent National Park
Service Concession Management Rate Approval Guide ("Rate Approval Guide") (a copy
which can be obtained by contacting the Service) as it may be amended, supplemented, or
superseded throughout the term of this Operating Plan,
(2) Approval of rates charged by the Concessioner must be based on comparability with other
operations offering similar services and facilities in the private sector. Comparability studies
Will be conducted in accordance with Service guidelines, Selection of comparables is the
responsibility of the Superintendent. The Concessioner is, however, permitted to assist in
gathering Information and data pertinent to selection of the comparables.
(3) Comparables, once established, will not ordinarily be changed, unless significant changes
occur to the operations of either the Concessioner or the comparable(s) which would deem
the comparable inappropriate, Comparables will be reviewed upon each rate request
submission,
C) Rate Approval Process
(1) Rate Changes. Requests for rate approvals must be submitted prior to implementation. All
rate increase requests must be in writing and in accordance with applicable Service policy
and provide Information to substantiate the requested rates in sufficient detail for the Service
to be able to replicate results using methodology specified in the Rate Approval Guide. The
Service will promptly approve, disapprove, or adjust rates, using its selected comparables,
and will inform the Concessioner of the approved rates and the reason for any disapproval or
adjustment.
(2) Approved Rate Posting. The Concessioner must prominently post all rates for goods and
services provided to the visiting public.
(3) Rate Compliance. Rate compliance will be checked during periodic operational evaluations
and throughout the year. Approved rates will remain in effect until superseded by written
changes approved by the Service.
D) Evaluations and Inspections
(1) The Service and the Concessioner must separately inspect and monitor Concession Facilities
and services with respect to Service policy, applicable standards, authori:zed rates, safety,
public health, fire safety, impacts on cultural and natural resources, correction of operating
deficiencies, responsiveness to visitor comments, and compliance with the Contract including
its Exhibits.
(a) Annual Overall Rating. The Service wlll determine and provide the Concessioner with an
Annual Overall Rating on or around April 1 for the preceding calendar year. The Annual
Overall Rating will include a Contract Compliance Report and rating and an Operational
Performance Report and rating.
(b) Contract Compliance Reoort. The Contract Compliance Report and rating will consider
such items as the timely submission of annual financial report, timely submission of proof
of general liability, timely and accurate submission of franchise fees, and insurance.
(c) Operational Compliance Report. The Operational Compliance Report and rating will
consider such things as the evaluation of the Concessioners Risk Management Program,
Public Health Rating and Periodic Operational Evaluations.
(d) Risk Management Program Evaluation. The Service will annually conduct an evaluation
of the Concessioner's Risk Management Program.
Exhibit A: Operating Plan Page A-4
(e) Safety Inspections, The Concessioner must perform periodic Interior and exterior safety
inspections of all Concession Facilities In accordance with its documented Risk
Management Plan, The Concessioner must ensure employee compliance with health,
fire, and safety code regulations as well as Service policy,
(f) Perjodic Operational Evaluations. The Service will conduct both announced and
unannounced periodic operational evaluations of concession services and Concession
Facilities. The Service will evaluate concession services to ensure conformance with
applicable operational standards. The Service will also evaluate the conformance of the
Concession Facilities to the established Maintenance Plan, The Concessioner must be
contacted at the time of these evaluations so that a representative of the Concessioner
may accompany the evaluator.
(g) Concessioner Environmental Evaluations. The Concessioner must self-assess Its
performance under its Environmental Management Program (EMP) at least annually per
Section 6(b) of the Contract The Service may conduct environmental audits of
Concession Facilities and operations based on the Service Environmental Audit Program.
(2) The Concessioner must be required to close all periodic evaluation audit findings, The
Concessioner must meet with Service officials to prioritize and schedule the correction of
deficiencies and the implementation of improvement programs resulting from these
inspections. The Concessioner must be responsible for correction of deficiencies and
abatement plans within dates agreed to with the Service within the timeframe specified in the
Environmental Audit Report
E) Visitor Comments
(1) The Concessioner must investigate and respond to all visitor complaints regarding its
services within 10 business days of receipt The Concessioner must provide a copy of the
initial comment, its response, and any other supporting documentation to the Service by the
15th of each month for the previous month's activities.
(2) The Concessioner must provide visitor comments that allege misconduct by Concessioner or
Service employees, or that pertain to the safety of visitors or employees, or concern the
safety of Area resources to the Superintendent Immediately upon receipt
(3) The Service will forward to the Concessioner any comments and complaints received
regarding Concession Facilities or services. The Concessioner must provide a copy of any
responses to the Service, and the Service will copy any response it makes to the
Concessioner.
F') Human Resources Management
(1) Employee ldentmcation and Appearance. The Concessioner must ensure that employees in
direct contact with the general public wear personal nametags, All employees must be neat
and clean in appearance and project a hospitable, positive, friendly and helpful attitude.
(2) Employee Conduct. The Concessioner must review the conduct of any of its employees
whose actions or activities are considered by the Service or Concessioner to be inconsistent
with the proper administration of the Area and enjoyment and protection of visitors. The
Concessioner must take all actions needed to fully correct any such situation, Concession
staff must avoid engaging In controversial topics with guests while on duty, Concessioner
expectation of employees should be clearly documented in writing,
(3) Employee List. The Concessioner must submit to the Superintendent a list of the names, job
titles, and contact information for all managers, This Information will be provided to the
Service by April 1st and updated when necessary,
(4) Employee Hiring Procedures
(a) General Manager. The General Manager will have an appropriate background as a
manager or administrator that indicates his or her ability to manage a boat rental
business of this size,
(b) Staffing Requirements. The Concessioner must hire a sufficient number of employees to
ensure high-quality visitor services throughout the operating season,
_1_'C_-R_r_J_C_R_0_0,_1-_1_2 ___ , ____ E_ . ...,_h_il_,;_1 Plan Page A-5.
(c) Work Schedule. The Concessioner must offer its employees a full workweek whenever
possible. Prior to employment, the Concessioner must inform employees of salary,
schedules, holiday pay, overtime requirements, and any possibility that less-than-full-time
employment may occur during slow periods.
(d) Background Checks. The Concessioner must ensure that comprehensive background
checks are performed on all employee hires as appropriate to the position. These may
include: wanted notices/warrants check; local criminal history checks; federal criminal
records check: national multi-jurisdictional database and sexual offender search; social
security number trace; and driving history check. No employee will be hired ii they show
any active wanted notices or warrants (current fugitive from justice).
(e) Employment of Service employees or their family members. The Concessioner may not
employ in any status the spouses and/or dependent children of a Rock Creek Park
employee, without prior Superintendent written approval. The Concessioner may not
employ in any status the spouses and/or dependent children of the Superintendent,
Concessions Management staff, Safety Officer, or Public Health Service Consultant.
(f) Drug-free Awareness and Testing Program. The Concessioner must provide its
employees with a statement of its policies regarding drug and alcohol abuse, and conduct
educational program(s) for its employees to deter drug and alcohol abuse. The
Concessioner must establish an appropriate employee drug-testing program. Should the
Concessioner become aware of illegal drug use or underage drinking, the Concessioner
must promptly report it to the Service's Visitor Protection Staff.
(6) Training
(a) The Concessioner must provide and maintain records of appropriate training as set forth
below and will provide those records to the Service upon request.
(i) Safetv. The Concessioner must train its employees annually in its Risk Management
Program.
(II) Environmental Training. The Concessioner must provide annual environmental
awareness training to all employees on its Environmental Management Program.
(iii) Job Training. The Concessioner must provide appropriate job training to each
employee prior to duty assignments and working with the public.
(iv) Customer Servjce. The Concessioner must provide customer service and hospitality
training for employees who have direct visitor contact.
(v) Resource and Informational Training. The Concessioner must provide training for all
employees who provide interpretive and safety information.
(vi) The Concessioner may request Service staff to present certain topics of interest.
G) Risk Management Program
(1) The Concessioner must develop, maintain, and implement a Concessioner Risk Management
Program that is in accordance with the Occupational Safety and Health Act and Director's
Order #508, Occupational Safety and Health Program. The Concessioner must submit its
initial plan to the Superintendent within 60 days of effective date of the Contract and annually
thereafter by February 1 of each year. The Concessioner must update its Concessioner Risk
Management Program to comply with Applicable Laws.
(2) The Risk Management Program must include, at a minimum, the following basic elements:
(a) Documented Program
(b) Inspections
(c) Deficiency Classification and Hazard Abatement Schedule
(d) Accident Reporting and Investigation
(e) Public Safety and Awareness Program
(f) Training
(g) Emergency Procedures
Exhibit A: Operating Phm

H) Environmental Management
(1) The Concessioner must prepare an Environmental Management Program ("EMP") in
accordance with Section 6 of the Contract. The Concessioner must develop all plans and
submit all reports as required by Applicable Laws.
(2) The Concessioner must participate in the District of Columbia Clean Marina program.
(3) The Concessioner must maintain up to date Best Management Procedures (BMP) on the
handling of emergencies, hazardous materials, solid waste and recycling.
(4) Receipts and records for the disposal of waste oil and batteries will be maintained by the
Concessioner for a period of three years.
(5) The Concessioner is responsible for reporting any hazardous material spills to the Coast
Guard and the Superintendent.
I) Security and Protection
(1) The Concessioner is responsible for securing buildings, equipment, and facilities under its
control, and for providing and maintaining fire extinguishers, smoke detectors, and other
safety and security devices as may be necessary.
(2) The United States Park Police (202 619-7300) are responsible for law enforcement, public
safety, and emergency response within the Rock Creek Park. Routine patrols may include
the concession, but are not a substitute for Concessioner-provided security patrols.
(3) The District of Columbia Fire Department is responsible for responding to all fires and
medical emergencies within Rock Creek Park.
(4) The Concessioner must immediately report any fires, medical emergencies, accidents, or
other Incidents to the United States Park Police dispatcher by calling (202) 619-7300.
J) Emergency Services
(1) Visitor Protection: The Service provides primary visitor protection in conjunction with
cooperative arrangements between the Service and associated local city, county, and state
agencies.
(2) Fire Protection: The Concessioner must ensure that all Concession Facilities meet all
applicable Fire and Life Safety Codes and that fire detection and suppression equipment is in
good operating condition at all times.
(3) Emergency Medical Care: The Service, in conjunction with cooperative arrangements
between the Service and associated local city, county, and state agencies, provides
emergency medical care. Any injury sustained by a visitor or employee in a Concessioner
facility should be reported promptly to the Service.
(4) The Concessioner must provide adequate training and certification to all appropriate staff to
respond to basic emergency medical needs including CPR. All reasonable efforts are to be
made to see that an employee certified in basic first aid and CPR is on site during all
scheduled operation hours and events.
(5) Human Illness Repattlng. Any suspected outbreak of human illness, whether amongst
employees or visitors, must be reported immediately to the Service. A suspected outbreak of
human illness is two or more persons with common symptoms that could be associated with
contaminated water or food sources or other adverse environmental conditions.
K) Public Relations
(1) Required Not/cos. The Concessioner must prominently post the following notice at all
Concessioner cash registers and payment areas:
"This service is operated by (Concessioner's name), a Concessioner under contract with
the U.S. Government and administered by the National Park Service. The Concessioner is
responsible for conducting these operations in a satisfactory manner. Prices are approved
by the National Park Service. Please address comments to:
Superintendent
TC-ROCR004-I 2 Exhibit A: Plan

Rock Creek Park
3545 Williamsburg Lane, NW
Page A-7
(2) Public Statements. All media inquiries concerning operations within the Area, questions about
the Area, or concerning any incidents occurring within the Area must be forwarded to the
Superintendent. This includes all requests for media interviews.
L) Advertisements and Promotional Material
(1) Approval. The Concessioner must submit any new or updated promotional material, including
websites, to the Service for review and approval at least 30 days prior to publication,
distribution, broadcast, etc. The Superintendent may require the Concessioner to remove any
unapproved promotional material. Promotional material distributed within the Area must
promote only services and facilities within the Area, unless the Superintendent approves
exceptions in writing.
(2) Authorization. Advertisements must include a statement that the National Park Service and
the Department of the Interior authorize the Concessioner to serve the public at the Rock
Creek Park.
(3) Equal Opportunity. Advertisements for employment must state that the company is an equal
opportunity employer.
(4) Boat sales or brokering on Service property is prohibited.
(5) "For Sale" signs are not permitted on boats.
M) Lost and Found
(1) Unattended or found items which are discovered by or turned over to the Concessioner are to
be subsequently turned over to the United States Park Police District Sub-station (D-3) if not
claimed by a visitor within 24 hours.
NJ General Policies
(1) Concession Facilities may not be used for activities or services that do not directly and
exclusively support contractual services authorized by the Contract without written permission
from the Service.
(2) Smoking Policy. All buildings within the Concession Facilities are designated as non-
smoking.
(3) Credit Cards. Major credit cards must be honored. The Concessioner may accept debit
cards at its discretion or at the direction of the Superintendent.
4) Specific Operating Standards and Requirements
A) Non-motori:i:ed Boat Rental
(1) Boat condition. Rental boats must be inspected prior to each rental to ensure they are free
from defects that could lead to visitor injury, that there are no apparent leaks, and that the
boat is in a safe operating condition. Rental boats must be maintained to the manufacturers
specifications. Boats not meeting these criteria must be secured in the boat racks or removed
from the Area until they are safe to operate.
(2) Rant<JI Agreements. The Concessioner must execute written rental agreements, conforming
to applicable legal requirements, for each boat rental. The rental form must be approved by
the Superintendent prior to adoption and use.
(3) Rental Registers. The Concessioner shall maintain accurate, up,to-date registers of boat
renters.
( 4) Safety Briefing
(a) The Concessioner is responsible for ensuring that the renting operator is capable of
handling the boat being rented. Prior to releasing the boat to the visitor, the Concessioner
must give specific written and verbal (hands-on) operating instructions to the operator to
assure that they are aware of any problems which may arise while the boat is being
TC-ROCR004-I 2 Exhibit A: Operating f.j_a_n ____________
rented. Instructions and information should Include the boat and its equipment to include
the proper use of PFDs, emergency procedures, navigation, regulations concerning
restricted areas and weather conditions.
(b) All vessels must carry the required and appropriate safety equipment.
(5) Personal Flotation Device (PFD)
(a) All boats must have one U.S. Coast Guard (USCG) approved Type Ill or higher personal
floatation devices for each vessel occupant.
(b) PFDs must be maintained in a serviceable condition, legibly marked with the USCG
approval number, and an appropriate size (within the weight range and chest sizes
marked on the PFDs). The Concessioner must remove from PFDs that are badly
stained, torn, or have loose or missing straps.
(c) The Concessioner must visually inspect PFDs for correct count and serviceability. The
Concessioner must remove from use any defective PFDs and will replace such with a like
type and size.
(d) The Concessioner must store the PFDs in a location where they will not become stained,
torn, or used for purposes other than lifesaving.
B) Dry storage of non-motorized vehicles
(1) Dry boat storage will be on a first come, first served basis. Boat storage is limited to the
space available within the boat storage racks.
(2) The Concession must maintain a waitlist for future availability.
(3) The Concessioner must ensure visitors secure their boats to the rack to prevent unauthorized
use.
C) Utilities
(1) Utility services will be obtained by the Concessioner from commercial sources at its own
expense.
D) Authorized Services
The following requirements are for authorized services, if offered.
(1) Vending.
(a) Vending will only include the sale of water and non-alcoholic beverages.
(b) Vending machines wi II be conveniently located, and ofa design and color which
complements the aesthetics of the building and surroundings. The Superintendent will
approve the type and location of all vending machines.
(c) Machines will be clean, properly stocked, and in good working condition.
(d) Signage on the machine may relate to Area resource education themes or will be generic
in nature.
(e) Beverage container deposit/recycling information will be posted on the machine.
(f) Brand information will only be visible when at the machine.
(g) Machines will have passive infrared sensors to power down lights when not in use to
conserve energy.
(2) Instruction
(a) Non-motorized vessel use instruction is an authorized service, ex. kayak, canoe, and
stand-up paddleboarding.
(b) The nature, scope, and scale of non-motorized vessel use instruction is subject to prior
approval of the Superintendent, Rock Creek Park.
5) Reporting Reguirements
A) Concessioner Operational Reports
_____ E_.\:_h_ib .. Operating !'Ian
(1) The Service and/or its representatives will be allowed to inspect supporting documentation for
all operational reports upon request.
(2) Operational and Financial Reports
(a) Monthly use statistics. The following operational statistics must be provided monthly by
the 15th of each month of operation unless otherwise agreed upon by the
Superintendent. This data will be presented in a concise spreadsheet format. The
Service may request additional information regarding services, trends, etc., during the life
of this Contract.
' '
Storage Renters
umber of Kavak Rentals
umber of Canoe Rentals
N
N
N
N
a
umber of Stand-urU'addle Boards
,ross Revenue
...
'""'"'"'"'"""
'
--
--- --
---
(b) As renewed, the Concessioner must provide a copy of all operating permits, licenses and
certifications.
(c) Any inspection reports conducted by outside agencies (i.e., fire department, OSHA, etc.)
must be submitted to the Superintendent within fourteen (14) calendar days.
(d) Monthly Franchise Fee Report. The Concessioner must report on the franchise fee
deposit made from the preceding month. Reporting documentation will include a copy of
the check or wire transfer identifying the account and the amount.
TC-ROCR004- 12 l:thibit B: Nondiscrlmln<llion
EXHIBIT B
NONDISCRIMINATION
SEC. 1 REQUIREMENTS RELATING TO EMPLOYMENT ANO SERVICE TO THE PUBLIC
(a) Employment
During the performance of this Contract the Concessioner agrees as follows:
Page B-10
(1) The Concessioner will not discriminate against any employee or applicant for employment because of
race, color, religion, sex, age, national origin, or disabling condition. The Concessioner will take
affirmative action to ensure that applicants are employed, and that employees are treated during
employment, without regard to their race, color, religion, sex, age, national origin, or disabling condition.
Such action shall include, but not be limited to, the following: Employment upgrading, demotion, or
transfer: recruitment or recruitment advertising; layoff or termination: rates of pay or other forms of
compensation: and selection for training, including apprenticeship. The Concessioner agrees to post in
conspicuous places, available to employees and applicants for employment, notices to be provided by the
Secretary setting forth the provision of this nondiscrimination clause.
(2) The Concessioner will, in all solicitations or advertisements for employees placed by on behalf of the
Concessioner, state that all qualified applicants will receive consideration for employment without regard
to race, color, religion, sex, age, national origin, or disabling condition.
(3) The Concessioner will send to each labor union or representative of workers with which the
Concessioner has a collective bargaining agreement or other contract or understanding, a notice, to be
provided by the Secretary, advising the labor union or workers' representative of the Concessioner's
commitments under Section 202 of Executive Order No. 11246 of September 24, 1965, as amended by
Executive Order No. 11375 of October 13, 1967, and shall post copies of the notice in conspicuous
places available to employees and applicants for employment.
(4) Within 120 days of the commencement of a contract every Government contractor or subcontractor
holding a contract that generates gross receipts which exceed $50,000 and having 50 or more employees
shall prepare and maintain an affirmative action program at each establishment which shall set forth the
contractor's policies, practices, and procedures in accordance with the affirmative action program
requirement.
(5) The Concessioner will comply with all provisions of Executive Order No. 11246 of September 24,
1965, as amended by Executive Order No. 11375 of October 13, 1967, and of the rules, regulations, and
relevant orders of the Secretary of Labor.
(6) The Concessioner will furnish all information and reports required by Executive Order No. 11246 of
September 24, 1965, as amended by Executive Order No. 11375 of October 13, 1967, and by the rules,
regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to the
Concessioner's books, records, and accounts by the Secretary of the Interior and the Secretary of Labor
for purposes of investigation to ascertain compliance with such rules, regulations, and orders.
(7) In the event of the Concessioner's noncompliance with the nondiscrimination cla.uses of this Contract
or with any of such rules, regulations, or orders, this Contract may be canceled, terminated or suspended
in whole or in part and the Concessioner may be declared ineligible for further Government concession
contracts in accordance with procedures authorized in Executive Order No. 11246 of September 24,
1965, as amended by Executive Order No. 11375 of October 13, 1967, and such other sanctions may be
imposed and remedies invoked as provided in Executive Order No. 11246 of September 24, 1965, as
amended by Executive Order No. 11375 of October 13, 1967, or by rule, regulation, or order of the
Secretary of Labor, or as otherwise provided by law.
1C-ROCR004-12 Exhibit B: Nondiscrimination
(6) The Concessioner will include the provisions of paragraphs (1) through (7) in every subcontract or
purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued
pursuant to Section 204 of Executive Order No. 11246 of September 24, 1965, as amended by Executive
Order No. 11375 of October 13, 1967, so that such provisions will be binding upon each subcontractor or
vendor. The Concessioner will take such action with respect to any subcontract or purchase order as the
Secretary may direct as a means of enforcing such provisions, including sanctions for noncompliance:
Provided, however, that in the event the Concessioner becomes involved in, or is threatened with,
litigation with a subcontractor or vendor as a result of such direction by the Secretary, the Concessioner
may request the United States to enter into such litigation to protect the interests of the United States.
(b) Construction, Repair, and Similar Contracts
The preceding provisions a(1) through a(6) governing performance of work under this Contract, as set out
in Section 202 of Executive Order No. 11246 of September 24, 1965, as amended by Executive Order
No. 11375 of October 13, 1967, shall be applicable to this Contract, and shall be included in all contracts
executed by the Concessioner for the performance of construction, repair, and similar work contemplated
by this Contract, and for that purpose the term "Contract" shall be deemed to refer to this instrument and
to contracts awarded by the Concessioner and the term "Concessioner" shall be deemed to refer to the
Concessioner and to contractors awarded contacts by the Concessioner.
(c) Facilities
(1) Definitions: As used herein:
(i) Concessioner shall mean the Concessioner and its employees, agents, lessees, sublessees, and
contractors, and the successors In interest of the Concessioner;
(ii) Facility shall mean any and all services, facilities, privileges, accommodations, or activities
available to the general public and permitted by this agreement.
(2) The Concessioner is prohibited from:
(i) publicizing facilities operated hereunder in any manner that would directly or inferentially reflect
upon or question the acceptability of any person because of race, color, religion, sex, age,
national origin, or disabling condition;
(ii) discriminating by segregation or other means against any person.
SEC. 2 ACCESSIBILITY
Title V, Section 504, of the Rehabilitation Act of 1973, as amended in 1976, requires that action be taken
to assure that any "program" or "service" being provided to the general public be provided to the highest
extent reasonably possible to individuals who are mobility impaired, hearing impaired, and visually
impaired. It does not require architectural access to every building or facility, but only that the service or
program can be provided somewhere in an accessible location. It also allows for a wide range of
methods and techniques for achieving the intent of the law, and calls for consultation with disabled
persons in determining what Is reasonable and feasible.
No handicapped person shall, because a Concessioner's facilities are inaccessible to or unusable by
handicapped persons, be denied the benefits of, be excluded from participation in, or otherwise be
subjected to discrimination under any program or activity receiving Federal financial assistance or
conducted by any Executive agency or by the U.S. Postal Service.
TC-ROCR004-l 2 Exhibit B: Nondiscrimination Page B-12
~ ~ ~ ~ ~ ~ ~ ~ ~ - - ~ ~ ~ ~ ~ - - ~ ~ ~ ~ ~ ~ ~ ~
(a) Discrimination Prohibited
A Concessioner, in providing any aid, benefit, or service, may not directly or through contractual,
licensing, or other arrangements, on the basis of handicap:
(1) Deny a qualified handicapped person the opportunity to participate in or benefit from the aid, benefit,
or service:
(2) Afford a qualified handicapped person an opportunity to participate in or benefit from the aid, benefit,
or service that is not equal to that afforded others;
(3) Provide a qualified handicapped person with an aid, benefit. or service that Is not as effective as that
provided to others:
(4) Provide different or separate aids, benefits, or services to handicapped persons or to any class of
handicapped persons unless such action is necessary to provide qualified handicapped persons with aid,
benefits, or services that are as effective as those provided to others:
(5) Aid or perpetuate discrimination against a qualified handicapped person by providing significant
assistance to an agency, organization, or person that discriminates on the basis of handicap in providing
any aid, benefit, or service to beneficiaries of the recipient's program:
(6) Deny a qualified handicapped person the opportunity to participate as a member of planning or
advisory boards: or
(7) Otherwise limit a qualified handicapped person in the enjoyment of any right, privilege, advantage, or
opportunity enjoyed by others receiving an aid, benefit, or service.
(b) Existing Faclllties
A Concessioner shall operate each program or activity so that the program or activity, when viewed in its
entirety, is readily accessible to and usable by handicapped persons, This paragraph does not require a
Concessioner to make each of its existing facilities or every part of a facility accessible to and usable by
handicapped persons.
_1_c_'-f._?C_J-'-C __ R_Ol_J4_._12 _______ E_xl_ii_b_il C!; Assigned a n d ~ Real Property
Land Assigned
EXHIBITC
ASSIGNED LAND AND REAL PROPERTY IMPROVEMENTS
(CONCESSION FACILITIES)
Land is assigned in accordance with the boundaries shown on the following map[s]:
TC-ROCR004-12
Boat
Storage
Locut ion
Exhibit C: Assigned Land & Real Property
Entrance Gate
Fencclinc
Parking Lot
Potomac River
Doat
Storage
Location
Page C- 14
Di strict of
Columbia
TC-ROCR004"12 Exhibit C: Assigned Land & Real Property
- - - - - - - - - - - - - - ~ - - - - - - - - - - - - -
Page C-15
Real Property Improvements Assigned
The following real property improvements are assigned to the concessioner for use in conducting its
operations under this Contract:
Bulkhead- Deck
Approved, effective ______ , 20 __
By: ___________ _
Jonathan B. Jarvis
Director, National Park Service
TC __ -J_?(_J_C_'R_0_0_4-_1_2 ______ E_x_h_ib_ll_D_: 'I Personal Properly _______ D-16
EXHIBIT D
ASSIGNED GOVERNMENT PERSONAL PROPERTY
Government personal property is assigned to the Concessioner for the purposes of this Contract as
follows:
None.
Approved, effective
----- 20 __

Jonathan B. Jarvis
Part A Tghle o(Con/f!!!_l,1.
Table of Contents
INTRODUCTION ...................................................................................................................................... 1
PART A" Gf;Nt;RAL ................................................................................................................................ 1
1) General Concession Facilities Standards ........................................................................................................ 1
2) Definitions ...................................................................................................................................................... 1
3) Concessioner Responsibilities ........................................................................................................................ 3
A) In General ................................................................................................................................................... 3
B) Environmental, Historic, and Cultural Compliance .................................................................................. .4
4) This section has been deleted.
5) Concessioner Inspections .............................................................................................................................. .4
6) Annual Concessioner Maintenance Plan (ACM!') ........................................................................................ .4
A) Maintenance Action lnformation ................................................................................................................ 4
B) Projected Maintenance Expenditures .............................................................. : .......................................... 5
7) Annual Concessioner Maintenance Reporting (ACMR) ................................................................................ 5
A) Maintenance Actions .................................................................................................................................. 5
B) Maintenance Expenditures ......................................................................................................................... 5
8) Personal Property Report ................................................................................................................................ 5
9) Service Responsibilitics .................................................................................................................................. 5
A) Service Inspections ..................................................................................................................................... 6
B) Evaluation of Concessioner Maintenancc ................................................................................................... 6
TCROCR004,],?,,_ ___ E: __ _
INTRODUCTION
EXHIBIT E
MAINTENANCE PLAN
This Maintenance Plan between "concessioner" (hereinafter referred to as the "Concessioner") and the National
Park Service (hereinafter referred to as the "Service") sets forth the Maintenance responsibilities of the
Concessioner and the Service with regard to those lands and facilities within Rock Creek Park (hereinafter
referred to as the "Area") that are assigned to the Concessioner for the purposes authorized by the Contract. In
the event of any apparent conflict between the terms of the Contract and this Maintenance Plan, the terms of the
Contract, including its designations and amendments, will prevail. Full compliance with the requirements of this
Maintenance Plan is required in order to satisfy the Concessioner's Maintenance obligations under the terms of
the Contract, including, without limitation, Component Renewal as defined below.
This plan will remain in effect until superseded or amended. It will be reviewed annually by the Superintendent in
consultation with the Concessioner and revised as determined necessary by the Superintendent of the Area.
Revisions may not be inconsistent with the terms and conditions of the main body of the Contract. Any revisions
must be reasonable and in furtherance of the purposes of this Contract.
PART A GENERAL
1) General Concession Facilities Standards
Pursuant to the Contract, the Concessioner is solely responsible for the Maintenance of all Concession Facilities
to the satisfaction of the Service. Compliance with the terms of this Maintenance Plan is required for this pmpose.
The Concessioner must conduct all Maintenance activities in compliance with Applicable Laws. Applicable Laws
include, but are not limited to Service standards, Department of the Interior and National Park Service Asset
Management Plans, NPS Management Policies, manufacturer recommendations and specifications and those
otherwise defined in the Contract.
2) Definitions
In addition to the defined terms contained or referenced in the Contract, the following definitions apply to this
Maintenance Plan.
Asset - Real Property that the Service desires to track and manage as a distinct identifiable entity. It may be a
physical structure or grouping of structures, land features, or other tangible property that has a specitic service or
function such as an office building, lodge, motel, cabin, residence, campground, marina, etc.
Capital Improvement - A Capital Improvement is a structure, fixture, or non-removable equipment provided by
the Concessioner pursuant to the terms of this Contract.
Component -A portion of an Asset or system.
Component Renewal/Replacement (CR) - The planned Replacement of a Component at the end of its Useful
Life. Component Renewal/Replacement examples include the replacement of roofs; electrical distribution
systems; heating and cooling systems; pavement replacement for roads, parking lots and walkways; and the
rehabilitation of windows and/or replacement of windows and doors. Component Renewal/Replacement Includes
the deconstruction of the existing Component and Replacement with a new Component of equal capability and
performance. These actions recur on a periodic cycle of greater than seven years.
TC-ROC!iQ(J,.,,4_,-1,.,,2 __ ____ (,Qt1.!ract fahil<ltlJ: Maintenq!1f!. Plan
Concession Facilities - Concession Facilities, as defined in the main body of the Contract, are all Area lands
assigned to the Concessioner under the Contract and all real property improvements assigned to the
Concessioner under the Contract.
Contract - The agreement (as it may be amended from time to time) to which this Maintenance Plan is attached,
including all attachments, exhibits or incorporated provisions of the agreement.
Deferred Maintenance (DM) - Maintenance that was not timely or properly conducted. Continued Deferred
Maintenance will result in Deficiencies.
Deficiencies - Defects in an Asset or Component that results when Maintenance is not performed in a timely
manner. Deficiencies may not have immediately observable physical consequences, but when allowed to
accumulate uncorrected, lead to deterioration of performance, loss of Asset value, or both.
E:nvironmentally Preferable - Products or services that have a lesser or reduced effect on human health and the
environment when compared with competing products or services that serve the same purpose. This comparison
may consider raw materials acquisition, productions, manufacturing, packaging, distributions, reuse, operations,
maintenance, or disposal of a product or service. Product considerations include, but are not limited to, the
environmental impacts of the product's manufacture, product toxicity, and product recycled content Including post
consumer material, amount of product packaging, energy or water conserving features of the product, product
recyclability and biodegradability. These Include those products for which standards have been established for
federal agency facilities and operations.
Facility Operations - Operational actions performed by the Concessioner on a recurring basis that meet daily
operational needs of Concession Facilities. Typical work performed under Facility Operations includes janitorial
and custodial services, snow removal, operation of utilities, and grounds keeping. Certain Facility Operations
requirements may be included in Exhibit A (Operating Plan) to the Contract.
Feasible - The ability to provide the equipment, materials or procedures that are required because they are
technically possible, economically reasonable, appropriate for the location and the use identified, and consistent
with industry best management practices.
Hazardous Substance -Any hazardous waste, hazardous chemical or hazardous material as defined under 40
C.F.R. pt. 261, 29 C.F.R. 1g10. 1200, or 40 C.F.R. pt. 171, respectively.
Hazardous Waste - Any waste defined as such under 40 CFR 261 - 265.
Maintenance - The maintenance of Concession Facilities as described in this Maintenance Plan. Maintenance
Includes, but is not limited to, actions taken under the following maintenance categories: Component
Renewal/Replacement; Recurring Maintenance: Facility Operations: Preventive Maintenance; and Repair.
Personal Property- Manufactured items of Independent form and utility including equipment and objects solely
for use by the Concessioner to conduct business. Personal Property includes, without limitation, removable
equipment, furniture and goods, necessary for Concessioner operations under the Contract. Personal Property
may be Government assigned property.
Preventive Maintenance - Planned, scheduled periodic maintenance activities performed weekly, monthly,
quarterly, semi-annually, or annually on selected Assets or Components, typically including, but not limited to,
inspection, lubrication, and adjustment.
Recurring Maintenance - Planned work activities that reoccur on a periodic cycle of greater than one year to
sustain the useful life of an Asset or Component. Typical projects include, but are not limited to painting, pump
and motor replacement, cleaning, repair and replacement of lighting, engine overhaul, replacement of carpeting,
and refinishing hardwood floors.
Repair - Work undertaken to restore damaged or worn out Assets or Components to a fully functional operating
condition.
E'xhJ.l!.iLf,,: ___ _ Paw E-A_},
Replacement - Exchange or substitution of one Asset or Component for another that has the capacity to perform
the same function at a level of utility and service equivalent to the original Asset or Component.
Solid Waste - Discarded household and business items such as product packaging, grass clippings and other
green waste, furniture, clothing, bottles, food scraps, newspapers, white goods and other appliances. It is more
commonly referred to as trash, garbage, litter, or rubbish. The term "solid waste," as used in this Maintenance
Plan, does not include sewage, septic sludge, hazardous waste, universal waste and miscellaneous maintenance
wastes such as used oil, tires and lead-acid batteries.
Sustainable Design - Design that applies the principles of ecology, economics, and ethics to the business of
creating necessary and appropriate places for people to visit, live in or work. Development that has a sustainable,
design sits lightly on the land, demonstrates resource efficiency, and promotes ecological restoration and
integrity, thus improving the environment, the economy and society.
Sustainable Practices/Principles - Those choices/decisions, actions and ethics that will best achieve
ecological/biological integrity; protect qualities and functions of air, water, soil, and other aspects of the natural
environment; and preservation of human cultures. Sustainable practices allow for use and enjoyment by the
current generation, while ensuring that future generations will have the same opportunities.
Useful Life - The serviceable life of an Asset or Component.
Universal Waste -Any waste as defined under 40 CFR 273. These include but are not limited to mercury-
containing equipment such as thermostats, lamps such as fluorescent, high intensity discharge, neon, mercury
vapor, high pressure sodium and mental halide lamps, cathode ray tubes (CRTs) from computers and televisions,
nickel-cadmium and sealed lead-acid batteries and waste pesticides.
Waste Prevention -Any change in the design, manufacturing, purchase, or use of materials or products
(including packaging) to reduce their amount or toxicity before they are discarded. Waste prevention also refers to
the reuse of products or materials.
Waste Reduction - Preventing or decreasing the amount of waste being generated through waste prevention,
recycling, or purchasing recycled and environmentally preferable products.
3) Concessioner Responsibilities
A) In General
1) The Concessioner must undertake Maintenance of Concession Facilities to the satisfaction of the
Service, including, without limitation, compliance with the requirements of this Maintenance Plan.
2) All Maintenance must be undertaken In accordance with Applicable Laws, Including without limitation,
applicable building and safety codes. All personnel conducting Maintenance must have the
appropn'ate sk11/s, experience, licenses and certifications to conduct such work.
3) The Concessioner, where applicable, must submit project plans to the SetVico tliat are stamped by a
Professional Engineer or Registered Architect licensed in the applicable State.
4) The Concessioner, where applicable, must obtain the approptiate permits required by State or local
law, U.S. Environmental Protection Agency, and other regulatory agencies and provide copies of the
permits to the Service.
5) The Concessioner must conduct Maintenance activities in a manner that, to extent feasible,
minimizes environmental impact and utilizes principles of preventive maintenance, waste prevention
and reduction, sustainable design and sustainable practices/principles and incorporates best
management practices.
6) The Concessioner must comply with the Amor/cans with Disabilities Act and the Architectural Barriers
Act guidelines where applicable.
7) The Concessioner will not construct or install Capital Improvements.
9) The Concessioner may perform emergency repairs without prior Service approval as long as
appropriate documentation follows within one business day.
J'C"ROCROO'i::.LJ, ___ ,
B) Environmental, Historic, and Cultural Compliance.
1) Certain Maintenance actions may be subject to compliance procedures under the National
Environmental Policy Act (NEPA), National Historic Preservation Act (NHPA), and other laws as part
of a planning process that allows the Service to ensure that all Concessioner activities meet the
requirements of Applicable Laws for natural and cultural resource protection.
2) The Service in cooperation with the Concessioner Will determine what environmental compliance with
the above legal requirements may be required for particular Maintenance actions. Note that this does
not apply to compliance requirements outside the planning process which are wholly the responsibility
of the Concessioner.
3) Any proposed Maintenance actions that r e q ~ i r e review under these procedures must be submitted to
the Superintendent by the Concessioner in the format required.
4) The Concessioner may be required to prepare an environmental assessment. environmental impact
statement, or related documents at its expense for certain Maintenance actions. The Service will
advise the Concessioner on proper process and procedure.
5) Concessioner lnspectigns
The Concessioner must conduct annual inspections of Concession Facilities to determine compliance with
this Maintenance Plan and to develop future Maintenance requirements,
6) Annual Copcessioner Maintenance Plan (ACMPI.
The Concessioner must provide the Service on an annual basis (for Service review and approval) a proposed
Annual Concessioner Maintenance Plan for the next calendar year applicable to all Concession Facilities. The
Concessioner must deliver the proposed revised ACMP to the Superintendent on or before October 1 of each
year. The ACMP must include the following information.
A) Maintenance Action Information.
The ACMP must include the following Maintenance action information:
1) Preventive Maintenance (PM). The proposed ACMP must include PM actions. procedures and
schedules that ensure proper Preventive Maintenance of all Concession Facilities. At a minimum, the.
PM actions, procedures and schedules must include summary procedures for each Asset, including,
but not limited to. roofs, building envelopes. and mechanical equipment.
l'CROCR004-l.'L. ___ _ Con/1actJJXi!iJJit E:
2) Recurring Maintenance. The ACMP must include Recurring Maintenance actions, procedures and
schedules for Recurring Maintenance to be performed.
3) Scheduled Repair. The proposed ACMP must include actions, plans and procedures for scheduled
Repair of Concession Facilities.
4) Unscheduled Repair. The ACMP must include a service call procedure and method to prioritize
service calls for unscheduled Repairs.
5) Component Renewal/Replacement. The proposed ACMP must include actions, plans and procedures
for Component Renewal/Replacement.
6) A description of the Deferred Maintenance (and any resulting Deficiencies) that are to be cured under
the terms of the proposed ACMP.
7) Inspection plans and procedures that demonstrate how the Concessioner will oversee the conduct of
Maintenance during the next calendar year.
B) Projected Maintenance Expenditures.
The ACMP must also include the Concessioner's estimated expenditures associated with the proposed
ACMP, including, without limitation, a breakout of labor, materials, contracted services, and Indirect costs on
an Asset basis applicable to each maintenance category set forth above
7) Annual Conc;essioner Maintenance Reporting (ACMRI
The Concessioner must provide the Service with an Annual Maintenance Report that covers all Concession
Facilities and presents the Maintenance accomplished during the previous calendar year. The Concessioner
must deliver the report to the Superintendent on or before February 1 of each year. The ACMR must include
the following elements
A) Maintenance Actions.
The ACMR must include a summary of all Maintenance actions by applicable Asset and Maintenance
category that were completed in the previous calendar year, Including, without limitation, actions to cure
Deferred Maintenance (and any resulting Deficiencies).
B) Maintenance Expenditures.
The ACMR must include the Concessioner's expenditures associated with Maintenance by applicable
Asset and Maintenance category for the previous calendar year, including, without limitation,
expenditures to cure Deferred Maintenance (and any resulting Deficiencies).
8) Personal Property Report
The Concessioner must provide the Service with a planned personal property replacement, rehabilitation, and
repair schedule for the next calendar year annually by October 1 for review and approval of the Service. The
plan must include the specifications, item description, estimated date of replacement, estimated replacement
cost, expected life of replacement property, and expected salvage value of replaced personal property at time
of replacement.
9) Service R9sponsibilitles
Nothing In this Maintenance Plan will be construed as requiring th" SBrvice to conduct Maintenance of
Concession Facilities of any kind except as otherwise expressly stated by the terms of this Maintenance Plan.
Part B of this Maintenance Plan may describB certain Service responsibilities for particular elements of
Maintenance of Concession Facilities.
Contragl_ff;shibit E: MaitJ(QlWce Plan
A) Service Inspections
The Service from time to time (as determined necessary by the Service but no less than annually) will
inspect the condition of Concession Facilities and the progress and quality of Maintenance activities. The
Concessioner must provide qualified personnel to accompany the Service when Concession Facilities
inspection is performed.
B) Evaluation of Concessioner Maintenance
The Service will provide the Concessioner with an annual evaluation of Concession Facilities. The
evaluation will be based, among other matters, on the application of the National Park Service Facility
Condition Standards during facility inspection. The evaluation will be provided to the Concessioner as a
record of Concession Facilities condition documenting the Concessioner's compliance with its obligation
to perform all necessary maintenance, including, without limitation, Annual Concessioner Maintenance
Plan (ACMP) actions. The findings and results of the evaluation will become part of the basis of
evaluating Concessioner performance under the "NPS Concessioner Annual Overall Rating" program.
Exhil.!lUI: Part B
Put D Table of Contents
PART H- REQUIRED CONCESSIONER RESPONSIDILITrns .................................... 1
I) Concessioner Responsibilities .................................................................................................................... 1
2) Service Responsibilities .............................................................................................................................. 2
3) Reporting Requirements ............................................................................................................................. 2
PART B - SERVICE REQUIRED CONCESSIONER RESPONSIBILITIES
1) Conces!1ioner Responslblllties
B) Office Structure
(3) The Concessioner must maintain and repair its personal property structure in good condition including
all interior and exterior surfaces. Unless required more frequently per the manufacturer's
recommendations, the structure must be painted or stained on a regular cycle of three years, unless
written Service approval is given to postpone the activity. The Concessoner must obtain prior written
approval from the Service for any changes to interior and exterior finishes from the color range or
types of materials currently in use on the structure.
(4) The Concessioner must provide and maintain in a serviceable condition all interior safety equipment,
sucl1 as smoke detectors, fire extinguishers, and other appurtenances as neoessary for the protection
of the public and the Concession Facilities.
C) Grounds and Landscaping
(1) The Concessioner must keep all grounds within the Concession Faoi/ities well maintained, properly
il/uminatod, uncluttered, and froe of lifter and debris. Vegetation The Concessioner must perform all
mowing, weeding, trimming, watering, and other activities related to turf and vegetation care. The
Concessioner must request prior written approval from the Service for the use of any chemicals,
fertilizer, pesticides, or herbicides prior to use.
(2) Landscaping Changes - The Concessioner must request prior written approval from the Service for
any proposed landscaping work that will change, alter. or modify the grounds .
D) Roads, Parking Areas and Walkways
(1) The Concessioner must maintain alt walkways within the Concession Facilllies in good condition.
(2) The Concessioner must keep all roads, parking areas, and walkways within the Concession Facilities
in good condition inch1ding sweeping, , arosion control, and snow removal (the latter only if snow
occurs during Concessioner's operating season)., All walking surfaces, including roads and parking
areas, must ba clean and swept free of debris, obstacles, or other hazards.
E) Docks, Ramps, and other Marina Facilities
(1) The Concessioner must maintain the dock surface, flotation, and ramps in good repair, level, properly
positioned, and secured. Docks must be sturdy, free of large cracks, uneven or broken planks, etc.
The Concession must maintain the railings In good repair and sturdy enough to support visitor use.
F) Signs
A. The Concessioner must install, maintain, and replace all interior and exterior signs relating to its
operations and services within the Concession Facilities. Examples of this responsibility are signs
identifying the location of functions (when attached to Concession Facilities or on grounds assigned
to the Concessioner), signs identifying operating services and hours, and signs identifying the
Concessloner's rules or policies.
(2) The Concessioner must ensure signage Is appropriately located, accurate, attracb've and well
maintained. The Concessioner must replace any signs that have been defaced or removed within
seven days. Signs that address a life safety issue must be replaced Immediately with a professional
looking temporary sign pending the permanent replacement within seven days.
(3) The Concessioner must ensure that 11s signs comply with Service sign standards including but, not
limited to, Director's Order 52, Park S/gnage. The Concessioner must submit plans for all new sign
Installations to the Service for approval before installation. The Concessioner must not use
handwritten or typed signs within Concession Facilities without written Service approval.
G) Utilities
Electrical: The Concessioner must maintain all olecfrical lines and equipment and all fixtures, Including
street tamps, within the Concession Facilities. The Concessioner must ensure that all electrical
circuits under its control meet or exceed the standards of the National Electric Code.
ZX:-ROCl/004-1 L,_. __ _ ____ {,,'ontract E,<hibit E: Mait.((nance Table of'ConleJllS
All electrical work or rewiring of existing facilities must be inspected at the Concessioner's expense,
and the inspector must certify to the Service that the installation meets code.
2) Service Responsibilities
H) Landscaping and Grounds
(1) T/1e Service trlfns trees and removes hazardous trees.
I) Signs
(1) The Service provides and maintains regulatory, traffic control, or information signs that setVe the
interest of the Service; examples include information signs along roadways, directional signs along
trails, and interpretive signing.
3) Reporting Reqyirements
The following chart summarizes the plan and reporting dates established by Parts A, Band C or this
Maintenance Plan.
Report or Plan Schedule Due Date
Part A -Annual Concessioner Maintenance Plan (ACMP) Annual October 1
Part A -Annual Concessioner Maintenance Reporting (ACMR) Annual February I
Personal Property Report Annual October 1
'LCoBOCJW04-l 2 ... _ ...... IJA1.@t E: Mainlf!!llltH!.iLl,_,'1,,a,,_n __ of'
Part C Table of Contents
PART C - CONCESSIONER ENVIRONMENTAL RESPONSIBILITIES ................................................................. 1
1) General ........................................................................................................................................................... 1
2) Air Quality ....................................................................................................................................................... 1
3) Environmentally Preferable Products, Materials and Equipment .................................................................. 1
4) Hazardous Substances .................................................................................................................................... l
5) Hazardous, Universal and Other Miscellaneous Maintenance Wastes ......................................................... 1
6) Pest Management .......................................................................................................................................... 2
7) Solid Waste ..................................................................................................................................................... 2
8) Water and Energy EHiciency ........................................................................................................................... 3
9) Wastewater .................................................................................................................................................... 3
J'C-ROCR004
0
! 2
PART C - CONCESSIONER ENVIRONMENTAL RESPONSIBILITIES
1) General
The following Concessioner environmental responsibilities are specified for Maintenance.
A) Concessioner responsibilities provided in Part B may provide more specific and/or additional
environmental requirements. When in conflict, responsibilities described in Part B supersede those
identified In this part.
2) Air Quality
A) The Concessioner must minimize impacts to air quality in Maintenance under this Contract through the
use of appropriate control equipment and practices.
II) The Concessioner must not use halon fire suppression systems except as permitted by the Service.
3) Environmentally Preferable Products, Materials aod Equipment
A) The Concessioner must use products, materials and equipment that are Environmentally Preferable
where feasible in maintenance. EnvironmentallyPpreferable maintenance related products, materials and
equipment include but are not limited to re-refined oils, re-tread tires, bio-based lubricants, low-toxicity
cleaners and chemical additives for toilets, low-toxicity and recycled antifreeze, safe alternatives to
ozone-depleting substances for HVAC equipment, construction and building materials with recycled
content, and alternative fuel vehicles.
D) The Concessione.r must use polystyrene as little as possible and may not use polystyrene that contains
chlorofluorocarbons.
4) Hazardous Subst1mces
A) The Concessioner must minimize the use of Hazardous Substances for Maintenance purposes under this
Contract where feasible.
D) The Concessioner must provide secondary containment for Hazardous Substances storage where there
is a reasonable potential for discharge to the environment. At a minimum, the Concessioner must provide
secondary containment for Hazardous Substances located In outside storage areas, in interior storage
areas in the proximity of exterior doorways or floor drains, on docks and on vessels.
C) The Concessioner must provide an inventory of Hazardous Substances to the Service annually in
accordance with Section 6{d)(1) of the Contract by March 1. The inventory must identify each substance,
location and amounts stored.
S) Hazardous. Universal and Other Miscellaneous Maintenl'nce Wastes
A) The Concessioner must minimize the generation of Hazardous Waste, Universal Waste and
maintenance waste where feasible.
B) The Concessioner must recycle Hazardous Waste, Universal Waste, and miscellaneous maintenance
wastes, where feasible, including but not limited to, used oil, used oil contaminated with refrigerant, used
solvents, used antifreeze, paints, used batteries, and used fluorescent lamps (including CFLs).
C) Concessioner must obtain approval from the Service for hazardous, universal, and miscellaneous
maintenance waste storage area siting and designs.
D) If the Concessioner is a conditionally exempt small quantity generator (CESQG) as defined in federal
regulations, it must follow small quantity generator (SQG) regulations related to container labeling,
TC"ROC/1004-1,'L,. __ _ Conl[qg_t Exhibit E;j;fgintenance _fJCJ!L----
storage, accumulation times, use of designated disposal facilities, contingency planning, training, and
recordkeeping.
E) The Concessioner must manage Universal Waste (i.e., storage, labeling, employee training, and
disposal) in accordance with federal Universal Waste regulations irrespective of Hazardous Waste
generator status.
6) Pest Management
The Concessioner must conduct any pesticide management activities in accordance with NPS Integrated
Pest Management (!PM) procedures contained in NPS 77 and the Park !PM Plan. These procedures Include
but are not limited to Superintendent approval before the use of any chemical pesticides by the Concessioner
or its contractor, proper pesticide storage, application and disposal, and pesticide use reporting.
7) Solid Waste
Litter Abatement
(1) The Concessioner must develop, promote and implement a litter abatement program and provide
Jitter free messages on appropriate materials and in appropriate locations.
(2) The Concessioner must keep all Concession Facilities free of litter, debris, and abandoned
equipment, vehicles, furniture, and fixtures.
Solid Waste Storage and Collection and Disposal
(1) The Concessioner is responsible for providing, at its own expense, an effective system for the
collection, storage and disposal of Solid Waste generated by its facilities and services as well as the
Solid Waste generated by the visiting public at its facilities.
(2) To prevent pest attraction and breeding, all Solid Waste from the Concessioner's operations must be
adequately bagged, tied and stored Jn sealed containers.
(3) Solid Waste collection and disposal must be conducted on a schedule approved by the Service, at a
rate as necessary to prevent the accumulation of waste.
(4) Solid Waste that is not recycled must be properly disposed at an authorized sanitary landfill or
transfer station.
Solid Waste Receptacles
(1) The Concessioner must, locate its Solid Waste containers (i.e., cans, "roll-off'' containers/dumpsters,
etc.) conveniently and in sufficient quantity to handle the needs of its operations. The Concessioner
must not allow waste to accumulate in containers to the point of overflowing.
(2) Outdoor receptacles must be waterproof, vermin"proof, and covered with working lids. Indoor
receptacles should be similarly constructed based on use (i.e., food waste versus office trash).
(3) The Concessioner must keep its receptacles clean, well maintained, painted in Service-approved
colors, and serviceable; containers must be clearly signed; sites must be free of spills, waste, and
odors. All Solid Waste containers must remain closed when containers are not in use.
(4) Concessioner bulk Solid Waste storage/accumulation facilities must be screened from the public.
Solid Waste Source Reduction and Recycllng
(1) The Concessioner must implement a source reduction program designed to minimize its use of
disposable products in its operations. Purchase and reuse of materials is encouraged where feasible
as the first choice in source reduction.
Contract Ex.hliJlLl1LMaintenance Plan
(2) The Concessioner is encouraged to reuse materials where allowable under Applicable Laws where
the collection of the materials must not present public health, safety or environmental concerns.
Opportunities include the reuse of retail product packaging.
(3) The Concessioner must develop, promote and implement a recycling program that fully supports the
efforts of the Service for all Rock Creek Park specified materials. These may include but may not be
limited to paper, newsprint, cardboard, bimetals, plastics, aluminum and glass. It may also include
large items such as computers and other electronics, white goods and other bulky items and others.
(4) The Concessioner must make recycling receptacles available to the public and Concession
employees.
(5) Recycling containers must be waterproof, vermlnproof and covered with working lids es necessary to
maintain the quality of the recyclables tor market and to prevent vermin from being attracted to the
recycling containers. Containers must be clearly signed; sites must be free of spills, waste, and odors.
It is encouraged that lids are provided with openings or holes sized to limit the types of materials
deposited and to minimize contamination in recycling containers.
(6) The Concessioner must remove all recyclables from the Area and transport them to an authorized
recycling center. The Concessioner may contract with an independent vendor, with the approval of
the Service, to provide recycling services.
Composting
(1) The Concessioner must use Solid Waste composting as a waste management method if feasible.
(2) The Concessioner composting system must be animal-proof and Service-approved.
B) Water and En!>rgy Efficiency
A) The Concessioner must consider water and energy efficiency in all facility management practices and
integrate water-conserving and energy conserving measures whenever feasible.
D) In addition to meeting standards established in accordance with Applicable Laws, Concession Facilities
equipment and practices must be consistent with water and energy efficiency standards established for
federal facilities and operations where feasible.
C) As new technologies are developed, the Concessioner must assess these opportunities and Integrate
them Into existing operations where feasible and there Is the potential for increased efficiency, reduced
water or energy consumption, or reduced impacts on the environment.
9) Wastewater
A) The Concessioner must minimize impacts to water quality in maintenance under this contract through the
8) The Concessioner must prevent discharges to the sanitary sewer system that could result in pass through
of contaminate or that could interfere with the operation of the sanitary wastewater treatment system.
C) The Concessioner must maintain assigned wastewater treatment systems (i.e., oil-water separators,
grease traps) on a frequency adequate to ensure proper operation to maintain wastewater quality. The
Concessioner must maintain maintenance log for this wastewater treatment equipment which must be
made available to the Service upon request.
D) The Concessioner must minimize the storage of equipment and materials on the Assigned Facilities in a
manner that would cause storm water contamination (i.e., storage outside without weather protection).
Exhibit F: Insurance
----"'-
EXHIBIT F
INSURANCE REQUIREMENTS
SEC. 1. INSURANCE REQUIREMENTS
The Concessioner shall obtain and maintain during the entire term of this Contract, at Its sole cost and
expense, the types and amounts of insurance coverage necessary to fulfill the obligations of the Contract.
No act of the Concessioner, its agents, servants, or employees may impair any and all insurance
coverage provided for the benefit of, or evidenced to the Service. The Concessioner must ensure that its
insurance carriers provide the Service, solely for the benefit of the Service, an unconditional 30 days
advance notice of cancellation In coverage or policy terms for all property insurance. Concessioners
must provide the Service with a 30day notice of cancellation on all liability and workers' compensation
insurance policies.
The amounts of Insurance, limits of liability, and coverage terms included are not intended as a limitation
of the Concessioner's responsibility or liability under the Contract, but rather an indication as to the
minimum types, amounts, and scope of insurance that the Service considers necessary to allow the
operation of the concession at the Area. Nevertheless, if the Concessioner purchases insurance in
addition to the limits set forth herein, the Service will receive the benefit of the additional amounts of
insurance without additional cost to the Service.
SEC. 2. LIABILITY INSURANCE
The Concessioner must maintain the following minimum Liability Coverages, all of which, unless noted
herein, are to be written on an occurrence form of coverage. The Concessioner may attain the limits
specified below by means of supplementing the respective coverage(s) with Excess or "Umbrella" liability
as explained below.
(a) Commercial General Liabiiily
(1) The Concessioner must obtain coverage for bodily injury, property damage, contractual liability,
personal, advertising injury liability and products, and completed operations liability. The
Concessioner must provide the following minimum limits of liability:
General Aggregate
Products and Completed Operations Aggregate
Per Occurrence
Personal & Advertising Injury Liability
Medical Payments
Damage to Premises Rented to You
$2,000,000
$2,000,000
$1,000,000
$1,000,000
$5,000
$5,000
(2) The liability coverages may not contain the following exclusions/limitations:
Athletic or Sports Participants
Products/Completed Operations
Personal & Advertising Injury exclusion or limitation
Contractual Liability
Explosion, Collapse and Underground Property Damage exclusion
Total Pollution exclusion
Watercraft limitations affecting the use of watercraft in the course of the Concessioner's
operations (unless separate Watercraft coverage is maintained)
TC-ROCR004-12 Exhibit F: Insurance
(3) Pollution liability insurance coverage must be included for injuries resulting from smoke, fumes,
vapor, or soot, or other contaminants arising from equipment used to heat the building or from a
hostile fire.
(4) If the policy insures more than one location, the General Aggregate limit must be amended to
apply separately to each location.
(b) Automobile Liability
The Concessioner must provide coverage for bodily injury and property damage arising out of the
ownership, maintenance or use of "any auto," Symbol 1, including garage operations for products and
completed operations. Garagekeepers' liability is to be included on a "direct" basis for all Concessioner
operations handling, parking or storing automobiles owned by others for a fee. Where there are no
owned autos, coverage will be provided for "hired" and "non-owned" autos, "Symbols 8 & 9."
Combined Single Limit Each Accident $1,000,000
(c) Liquor Liability (not applicable)
The Concessioner must provide coverage for bodily injury and property damage including damages for
care, loss of services, or loss of support arising out of the selling, serving, or furnishing of any alcoholic
beverage.
Each Common Cause Limit
Aggregate Limit
(d) Watercraft Liability (or Protection & Indemnity) (not applicable)
$
$
The Concessioner must provide coverage for bodily injury and property damage arising out of the use of
any watercraft.
Each Occurrence Limit $
Marina liability shall be maintained at the same Each Occurrence Limit if the Concessioner operates a
marina, and tower's liability shall be maintained at the same Each Occurrence Limit ifthe Concessioner
tows or transports non-owned vessels by water.
(e) Marina Operator's Legal Liability
Coverage will be provided for damage to property in the care, custody or control of the Concessioner.
Any One Loss $60,000
(f) Aircraft Liablllty (not applicable)
The Concessioner must provide coverage for bodily Injury (including passengers) and property damage
arising out of the use of any aircraft.
Each Person Limit
Property Damage Limit
Each Accident Limit
$
$
$
The Concessioner must maintain airport liability insurance at a limit of at least$ if the
Concessioner maintains landing facilities for use by third parties, Hangerkeeper's liability shall be
maintained at a limit sufficient to cover the maximum estimated value of non-owned aircraft in the
Concessioner's care, custody or control if the Concessioner provides aircraft storage to third parties.
TC-ROCR004-12 Page F-6
(g) Garage Liability (not applicable)
This coverage is required for any operations in which the Concessioner services, handles or repairs
automobiles owned by third parties. Coverage will be provided for bodily injury, property damage,
personal or advertising injury liability arising out of garage operations (including products/completed
operations and contractual liability) as well as bodily injury and property damage arising out of the use of
automobiles.
Each Accident Limit - Garage Operations $
(Other than Covered Autos)
Aggregate Limit-Garage Operations $
Covered Auto Limit (each accident) $
Garagekeepers' Liability $
Personal Injury Protection (or equivalent no-fault coverage) $
Uninsured Motorists $
Personal & Advertising Injury Limit $
Fire Legal Liability "per fire" $
If owned vehicles are involved, liability coverage should be applicable to "any auto" ("Symbol 21"),
otherwise coverage applicable to "hired" and "non-owned" autos ("Symbols 28 & 29") should be
maintained.
(h) Excess Liability or "Umbrella" Liability
The Concessioner is not required to provide Excess Liability or "Umbrella" liability coverage, but may use
it to supplement any insurance policies obtained to meet the minimum requirements of the Contract. If
maintained, the Concessioner will provide coverage for bodily injury, property damage, personal Injury, or
advertising injury liability in excess of scheduled underlying insurance. In addition, coverage must be at
least as broad as that provided by underlying insurance policies and the limits of underlying insurance
must be sufficient to prevent any gap between such minimum limits and the attachment point of the
coverage afforded under the Excess Liability or "Umbrella" Liability policy.
The Concessioner may use an Excess or "Umbrella" liability policy to achieve the Commercial General
Liability and automobile liability limits set forth above. If a lower limit of liability is used for a subordinate
policy, however, then the limit of liability under the excess policy must be in an amount to achieve the
minimum limit of liability required for the subject policy.
(I) Care, Custody and Control--Legal Liability, i.e. Innkeeper's Liability (not applicable)
Coverage will be provided for damage to property in the care, custody or control of the concessioner.
Any one Guest
Any One Loss
$
$
OJ Professional Liability, e.g. doctors, barbers and hairdressers (not applicable)
The Concessioner must maintain, or cause professionals working on its behalf to maintain, professional
liability insurance for all professional services provided by or on behalf of the Concessioner.
Each Occurrence Limit
Aggregate Limit
(k) Environmental Impairment Liability (not applicable)
$
$
TC-ROCR004-12 Exhibit F: Insurance Page F-7

The Concessioner will provide coverage for bodily injury and property damage arising out of pollutants or
contaminants on-site and offsite and clean-up.
Each Occurrence or Each Claim Limit
Aggregate Limit
(I) Special Provisions for Use of Aggregate Policies
$
$
The General Aggregate under the Commercial General Liability policy must apply on a "per location"
basis. The Certificate of Insurance required herein will note compliance with this aggregate provision.
(m) Deductibles/Self-Insured Retentions
The Concessioner's self-insured retentions or deductibles on any of the above described Liability
insurance policies (other than Umbrella Liability, Environmental Impairment Liability or Professional
Liability, if maintained) may not exceed $5,000 without the prior written approval of the Director.
Deductibles or retentions on Umbrella Liability, Environmental Impairment Liability and Professional
Liability may be up to $25,000.
(n) Workers' Compensation and Employers' Liability
The Concessioner must obtain coverage that complies with the statutory requirements of the state(s) in
which the Concessioner operates. The Employer's Liability limit will not be less than $1,000,000.
If Concessioner operations are conducted in proximity to navigable waters, United States Longshore and
Harbor Workers' Compensation Act coverage must be endorsed onto the workers' compensation policy.
If the Concessloner's operations include use of watercraft on navigable waters, a maritime coverage
endorsement must be added to the workers' compensation policy, unless coverage for captain and crew
is provided in a Protection & Indemnity policy.
SEC.3. PROPERTYINSURANCE
(a) Bulldlng(s) and Contents Coverage
Amount of insurance (buildings): Full replacement value as listed in Exhibit C without deduction.
Amount of insurance (contents): Full replacement value without deduction.
Amount of insurance (inventory): Full replacement value without deduction.
(1) Insurance shall cover buildings, structures, improvements & betterments, and contents tor all
Concession Facilities, as more specifically described in Exhibit C of this Contract.
(2) Coverage shall apply on an "All Risks" or "Special Coverage" basis and shall include coverage for
earthquake damage.
(3) The policy shall provide for loss recovery on a Replacement value basis without deduction.
(4) The amount of insurance must represent no less than 100% of the Replacement Cost value of
the insured property. The Concessioner must insure inventory tor 100% of the replacement cost
of the products held tor sale.
(5) The coinsurance provision, if any, shall be waived or suspended by an Agreed Amount clause.
(6) Coverage is to be provided on a blanket basis for real and personal property.
(7) The vacancy restriction and unoccupied restriction, if any, must be eliminated for all property that
will be vacant beyond any vacancy or unoccupied time period specified in the policy.
(8) Flood Coverage (II applicable) must be maintained at least at the maximum limit available in the
National Flood Insurance Program (NFIP) or the total replacement cost of the property, whichever
is less.
(9) Earthquake Coverage (ii applicable) must be maintained at the maximum limit available not to
exceed 100% replacement value, without deduction.
(10)0rdinance or law, demolition, and increased cost of construction. Coverage shall be maintained
with a limit of not less than 20% of the building replacement costs listed in Exhibit C, each for the
increased cost of construction and for the cost to replace the undamaged portion of a building
ordered torn down by the appropriate authorities.
(b) Boiler & Machinery/Equipment Breakdown Coverage
(1) Insurance shall apply on the comprehensive basis of coverage including all objects within the
Concession Facilities.
(2) The policy shall provide a limit at least equal to the full replacement cost for all covered objects in
the highest valued Concession Facilities location, plus 20% on a replacement cost basis.
(3) No coinsurance clause shall apply.
(4) Coverage is to be provided on a blanket basis.
(5) II insurance is written with a different insurer than the Building(s) and Contents insurance, both
the Property and Boiler insurance policies must be endorsed with a joint loss agreement.
(6) Ordinance or law, demolition, and increased cost of construction coverage shall be maintained.
(c) Inland Marine Coverage
(1) Insurance shall apply to all boats, office trailers, equipment, storage racks and docks owned or
rented by the insured, unless otherwise covered by building and contents coverage or provided
for as part of a watercraft, or protection & indemnity liability policy.
(2) Coverage shall apply to direct damage to covered property.
(3) Flood and earthquake coverage shall be maintained.
(4) Coverage shall be maintained while covered property is in transit or away from the lnsured's
premises.
(d) Builders Risk Coverage
(1) Insurance shall cover buildings or structures under construction pursuant to the terms of the
Contract and include coverage for property that has or will become a part of the project while
such property is at the project site, at temporary off-site storage, and while in transit. Coverage
also must apply to temporary structures such as scaffolding and construction forms.
(2) Coverage shall apply on an "All Risks" or "Special Coverage" basis.
(3) The policy shall provide for loss recovery on a Replacement cost basis.
(4) The amount of insurance should represent no less than 100% of the Replacement value of the
property in the process of construction.
(6) Any occupancy restriction must be eliminated.
(7) Any collapse exclusion must be eliminated.
(e) Business Interruption and/or Expense
Business Interruption insurance and extra expense insurance covers the loss of income and
continuation of fixed expenses in the event of damage to or loss of any or all of the Concession
Facilities. Extra Expense insurance covers the extra expenses above normal operating expenses
to continue operations in the event of damage or loss to covered property. Business Interruption
insurance is required on all property polices, and boiler and machinery policies. The minimum
coverage provided must be calculated by the Concessioner as follows:
Anticipated annual gross revenue from operations $,..... _____ _
Less non-continuing expenses ($ _____ _
Annual Total $ ______ _
Divided by 12 $ _____ _
Times the number of months estimated to rebuild or repair $ ______ _
the Concession Facilities
Minimum Coverage $ ______ _
(f) Deductibles
Property Insurance coverages described above may be subject to deductibles as follows:
(1) Direct Damage deductibles shall not exceed the lesser of 10% of the amount of insurance or
$50,000 (except Flood & Earthquake coverage may be subject to deductibles not exceeding 5%
of the property value for flood, windstorm and earthquake).
(2) Extra Expense deductibles (whan coverage is not combined with Business Interruption) shall not
exceed $50,000.
(g) Required Clauses
(1) Loss Payable Clause: A loss payable clause, similar to the following, must be added to Buildings
and Contents, Boiler and Machinery, and Builders Risk policies:
"In accordance with Concession Contract No. dated , between the United States of America
and [the Concessioner] payment of insurance proceeds resulting from damage or loss of structures
Insured under this policy is to be disbursed directly to the Concessioner without requiring
endorsement by the United States of America, unless the damage exceeds $1,000,000."
SEC. 4. CONSTRUCTION PROJECT INSURANCE
TC-ROCR004-12 Exhibit F. Insurance Page F-10
_______ ,
Concessioners entering into contracts with outside contractors for various construction projects, including
major renovation projects, rehabilitation projects, additions or new structures must ensure that all
contractors retained for such work maintain an insurance program that adequately covers the
construction project.
The insurance maintained by the construction and construction-related contractors shall comply with the
Insurance requirements stated in the Contract including this Exhibit (for Commercial General Liability,
Automobile Liability, Workers' Compensation and, if professional services are involved, Professional
Liability). Except for workers' compensation insurance, the interests of the Concessioner and the United
States shall be covered in the same fashion as required in the Commercial Operator Insurance
Requirements. The amounts and limits of the required coverages shall be determined in consultation with
the Director taking into consideration the scope and size of the project.
SEC. 5. INSURANCE COMPANY MINIMUM STANDARDS
All insurance companies providing the above described insurance coverages must meet the minimum
standards set forth below:
(1) All insurers for all coverages must be rated no lower than A- by the most recent edition of Best's
Key Rating Guide (Property-Casualty edition), unless otherwise authorized by the Service.
(2) All insurers for all coverages must have a Best's Financial Size Category of at least VII according
to the most recent edition of Best's Key Rating Guide (Property-Casualty edition), unless
otherwise authorized by the Service.
SEC. 6. THIRD PARTY VENDOR INSURANCE
Concessioners entering into contracts with third party vendors for various services or activities that the
Concessioner is not capable of providing or conducting, must ensure that all vendors retained for such
work maintain an insurance program that adequately covers the activity and complies with all the
requirements _applicable to the vendor's own insurance.
SEC. 7. CERTIFICATES OF INSURANCE
All certificates of insurance required by this Contract shall be completed in sufficient detail to allow easy
Identification of the coverages, limits, and coverage amendments that are described above. In addition,
the insurance companies must be accurately listed along with their A.M. Best Identification Number
("AMB#"). The name, address, and telephone number of the issuing Insurance agent or broker must be
clearly shown on the certificate of insurance as well.
Due to the space limitations of most standard certificates of insurance, it is expected that an addendum
will be attached to the appropriate certificate(s) in order to provide the space needed to show the required
information.
In addition to providing certificates of insurance, the Concessioner, upon written request of the DireC!or,
shall provide the Director with a complete copy of any of the insurance policies (and all
thereto) required herein to be maintained by the Contract including this Exhibit.
The certificate of insurance shall contain a notation by the Concessioner's insurance representative that
the insurance coverage represented therein complies with the provisions of the Contract, including this
Exhibit.
TC-ROCR004- 12 Exhibit F: Insurance Page F-11
SEC. 8. STATUTORY LIMITS
In the event thats statutorily required limit exceeds a limit required herein, the Concessioner must
maintain the higher statutorily required limit, which shall be considered as the minimum to be maintained.
In the event that the statutorily required limit is less than the limits required herein, the limits required
herein apply.
TC-ROCR004-12 Page G-1
EXHIBITG
TRANSITION TO A NEW
SEC 1. GENERAL
The Director and the Concessioner hereby agree that, in the event of the expiration or termination of this
Contract for any reason (hcrcinaftct "Termination" for purposes of this Exhibit) and the Concessioner is
not to continue the operations authorized under this Contract after the Termination Date, the Director and
the Concessioner in good faith will fully cooperate with one another and with the new concessioner or
concessioners selected by the Director to continue such operations ("New Concessioner" for purposes of
this exhibit), to achieve an orderly transition of operations in order to avoid disruption of services to Area
visitors and minimize transition expenses.
SEC. 2. COOPERATION PRIOR TO THE TERMINATION DATE
At such time as the Director may notify the Concessioner that it will not continue its operations upon the
Termination of this Contract, the Concessioner, notwithstanding such notification, shall undertake the
following tasks.
(a) Continue Operations
The Concessioner shall continue to provide visitor services and otherwise comply with the terms of the
Contract in the ordinary course of business and endeavor to meet the same standards of service and
quality that were being provided previously with a view to maintaining customer satisfaction.
(b) Continue Bookings
(1) The Concessioner shall continue to accept all thture bookings for any hotel, lodging facilities, or other
facilities and services fo1 which advance reservations arc taken. The Concessioner shall not divert any
bookings to other facilities managed or owned by the Concessioner or any affiliate of the Concessioner.
The Concessioner shall notify all guests with bookings for any period after the Termination Date that the
New Concessioner will operate the facilities and services.
(2) Promptly following notification to the Concessioner by the Director of the selection ofthc New
Concessioner, the Concessioner shall provide the New Concessioner with a copy of Concessioner's
reservation log for visitor services as of the last day of the month prior to the selection of the New
Concessioner. The Concessioner thereafter shall update such log on a periodic basis (but no less
frequently than 30 days) until the Termination Date. The reservation log shall include, without limitation,
the name of each guest, and the guest's address, contact information, dates of stay, rate quoted, amount of
advance deposit received, and confirmation number, if <1pplicablc.
(c) Designating a Point ol" Contact and Other Actions
(1) The Concessioner shall designate one of the Concessioncr's executives as the point of contact for
communications between the Concessioner and the New Concessioner.
(2) The Concessioner shall provide the New Concessioner with access to all Concession Facilities,
including "back-of-house areas." The Concessioner also shall provide the New Concessioner copies of
the keys to oil Concession Facilities.
(3) The Concessioner shall provide the Director and the New Concessioner full access to the books and
records, licenses, and all other materials pertaining to all Concession Facilities and the Conccssioner's
operations in general.
TC-ROCR004-J 2
( 4) The Concessioner shall provide the Director and the New Concessioner with copies of all maintenance
agreements, equipment leases (including short-wave radio), service contracts, and supply contracts,
including contracts for on-order merchandise (collectively "contracts"), and copies of all liquor licenses
and other licenses and permits (collectively "licenses").
(5) The Concessioner shall allow the New Concessioner to solicit and interview for employment all of the
conccssioncr's salaried and hourly employees, including seasonal employees, through a coordinated
process implemented by the Concessioner.
(6) The Concessioner shall not enter into any contracts or agreements that would be binding on any
Concession Facilities or concession operations in general atler the Termination Date without the prior
written agreement of the New Concessioner.
( d) Financial Reports
Within 30 days atier receipt of the notification of the selection oftlw New Concessioner, the
Concessioner shall provide the New Concessioner with a financial report with rnspect to the operation of
the Concession Facilities and the Concessionet"s operations in general as of the last day of the month
prior to receipt of such notification. The Concessioner, thereatler, shall update such financial report on a
periodic basis (but no less frequently than 30 days) until the Termination Date. Such financial rep01t shall
include, at a minimum: a balance sheet for the Concession Facilities, if any; a schedule of pending
accounts payable; and a schedule of pending accounts receivable.
(e) Personal Property List
The Concessioner shall provide the New Concessioner with a complete, detailed, and well.organized list
of physical inventory, supplies, and other personal property owned or leased by the Concessioner in
connection with its operations under the Contract (including a list of such items that are on order). The
Concessioner must provide the list to the New Concessioner within JO days following receipt of the
notification of the selection of the New Concessioner, The Concessioner, thereatler, shall update the list
on a monthly basis. The Concessioner shall designate those items that the Concessioner believes are
essential to maintaining the continuity of operations or the special character of the concession operations.
The Concessioner shall assist the New Concessioner in reviewing and validating the list.
(f) Other Information and neports
The Concessioner shall provide the New Concessioner with all other information and reports as would be
helpful in facilitating the transition, including, without limitation, a list of maintenance records for the
Concessioncr's operations for the period of one year prior to notification of the selection of the New
Concessioner. The Concessioner must also provide complete information on the following to the New
Concessioner: utilities, including gas and electric; telephone service; water service; and specific opening
and closing procedures. 'rhe Concessioner must provide all such information within JO days aner receipt
of notification of the selection of the New Concessioner and update the information periodically (but no
less frcquently than 30 days) until the Termination Date.
(g) Other Cooperation
The Concessioner shall provide the Director and the New Concessioner with such other cooperation as
reasonably may be requested.
l'C-ROCR004-l 2 Exhibit G: 11-ansilion l'agr! } ~ 3
SEC. 3. COOPERATION UPON THE TKRMINATION DATE
Upon the Termination Date, the Concessioner shall undertake the following activities.
(a) Tra11sfcr of Contrncts aml Licenses
The Concessioner shall cooperate with the transfer or assignment of all contracts and licenses entered into
by the Concessioner that the New Concessioner elects to assume.
(b) Ucservation Systems
The Concessioner shall cooperate with the transfor of reservation information by:
(i) Providing the New Concessioner with an update of the reservation log through the Termination
Date;
(ii) Disconnecting its operations from the Concessioncr's ccntrnlized reservation system, if any;
and
(iii) Assisting the New Concessioner in transitioning to the New Concessioner's reservation system.
(c) Fees aud Payments
No later than 10 days after the Termination Date, the Concessioner shall provide the Director with an
itemized statement of all fees and payments due to the Director under the terms of the Contract as of the
Termination Date, including, without limitation, all deferred, accrued, and unpaid fees and charges. The
Concessioner, within 10 days of its delivery to the Director of this itemized statement, shall pay such foes
and payments to the Director. The Concessioner and the Director acknowledge that adjustments may be
required because of information that was not available at the time of the statement.
( d) Access to necords
The Concessioner shall make available to the Director for the Director's collection, retention, and use,
copies of all books, records, licenses, permits, and other information in the Concessioncr's possession or
control that in the opinion of the Director are related to or necessary for orderly and continued operations
of the related facilities and services, notwithstanding any other provision of this Contract to the contrary.
(c) Removal of Marks
The Concessioner shall remove (with no compensation to Concessioner) all items ofinvento1y and
supplies as may be marked with any trade name or trademark belonging to the Concessioner within 30
days atler Termination.
(I) Other Coopcmtion
Pursuant to the National Park Service Concessions Management Improvement Act of 1998,
Public Law 105-391, the Director of the National Park Service may award non-competitive
temporary concession contracts for consecutive terms not to exceed three years in the
aggregate.
Through a lease held by National Park Foundation, the National Park Service ("Service") has
provided non-motorized boat rental and storage services in Rock Creek Park on the
Georgetown Waterfront since transferred from the District of Columbia to the National park
Service in 1999.
The Service anticipates awarding a temporary concession contract for non-motorized boat
rental and storage services. The Service may award one temporary concession contract and
by law, the term of temporary concession contract may be one year, two years, or three years
or any combination thereof, but not to exceed 3 years.
The National Capital Region (NCR) issues this REQUEST FOR QUALIFICATIONS (RFQ) to
determine if an interested operator is qualified to provide non-motorized boat rental and
storage services as described in the draft Temporary Concession Contract, including all
Exhibits, that accompanies this RFQ. The Service is issuing this RFQ to obtain information
about the experience and financial capability of entities seeking to provide the non-motorized
boat rental and storage services. While responses do not constitute offers, the Service plans
to rely, in part, on the information provided as a basis for selecting the temporary
concessioner.
This RFQ does not constitute a REQUEST FOR PROPOSALS (RFP), nor does this RFQ
constitute an offer, either expressed or implied.
TC-ROCR004-12
Question Acquisiton aOO Start-Up
Company Name {!nsert Respondent's Name)
CONCID {Specify TC-ROCROD4-12)
C--- Acquisition and Start-Up Cosls I
.AJJ amounts shoufd be stated in 2012 do Ha rs_ Alf items must foot to St..af..ement of Cash F!cr.vs.
Column A Column B Sum of Column A and B
New -
Existing (Lease, flew) Total Basis of Estimate (2)
Boats (kayaks .sJng le and canoes, staridup pc: $ s $ '
'
Fu miture, Fixtures, and Equ 1pment s s s
Otlier {snecifvl s s s
Total Personal Property s s s
REAL PROPERTY INVESTMENTS
other {specify] I $ I S I S I I
Total Real Property i S S S
WORKING CAPITAL'''
$ IS $
I
'5 $ s $
................. , .. .......... , $ s $
Tota.I 'l/llorking Capltal $ s $
Other (specify) $ $
TOTAL INVESTMENT
s $ -I s- - - - - - I
1. Slate on(y the amount needed to comme11ee operations_ Show subsequent cha11ges on Statement of Cash flows.
2. Slate ciearty th-e bas[:s foryo:ur estimate. You may do so in this spreadsheet, or on a separate sheet should you need more space.
Page 1 of6
TC-ROCR004-12
Company Name (Insert Respondenfs Name)
CONCID (Specify TC-ROCROCl4-12)
1 2 3
siiLcf//'''> kfl
Revenue Inflation
Expense I nfiaoon
Rental and Storage Fares
Revenue
1_ lf you use assumptions other than those listed here, clearly show all assumptions used in developing re'IJBfLUe E
Page 2 of6
Question .Assumptions
Company Name
CONCID
!income Statement
GROSS REVENUE I'>
Fares
Total Gross Revenues
DIRECT EXPENSES
Boat Rental and Storage Service
Salaries and Wages
Payroll Taxes and Benefits
Operating Supplies
Other Expenses
Total VTS Expenses
Other Direct Expenses (describe)
Total Direct Expenses
UNDISTRIBUTED EXPENSES
Admin & General Payroll
Admin & General Other
Marketing/Advertising
Repairs & Maintenance Expense
Franchise Fees (see below)
Energy & Utilities
Management Fee
Other (describe)
Total Undistributed Expenses
FIXED CHARGES
Property Taxes (personal and real)
Insurance
1
'
1
Personal Property Replacement Reserve
Repair and Maintenance Reserve
Other Fixed
Total Fixed Charges
Interest Expense
Depreciation
Amortization
1'-11:'.I ,,.,......,,-11 u1...1uKt::
Income Tax
NET INCOME
Gross Revenue
Exclusions from Franchise Fee
Gross 12)
(Insert Respondent's Name)
Specify TC-ROCR004-12
Basis of Estimate
111
Note
( 1)
(1)
(1)
(1)
(1)
(1)
(1)
(1)
(1)
(1)
(1)
(1)
(1)
(1)
(1)
(1)
m
(1)
(1)
11)
( 1)
From above
11)
Gross Revenue minus Exclusions
Page 3 of6
Question Income Statement
2 3
2011 2012 2013 2014
TC-ROCR004-12 Question Income Statement
Company Name (Insert Respondent's Name)
CON CID Specify TC-ROCR004-12
2 3
!income Statement Basis of Estimate l1i 2011 2012 2013 2014
Notes
1. State clearly the basis for your estimate.
You may do so in this spreadsheet, or on a separate sheet should you need more space.
2. The Gross Revenue projection must be based on rates determined by the approval methods set forth in the draft
Operating Plan as well as your operating assumptions outlined on the assumption spreadsheet. Please note that Gross
Revenue does not equal Gross Receipts. Gross Receipts Is defined in the Draft Contract.
3. Insurance: Building and contents as well as liability insurance as specified in the draft CONTRACT and Exhibits.
Worker's Compensation and health insurance should be included in the Payroll Taxes and Benefits amount.
Page 4 of6
TC-ROCR004-12
Company Name (Insert Respondenfs Na me)
CON CID Specify TC-ROCRO 04-12
I statement of Cash Flows HH I Basis Of Estimate (l) I
Operating Activities
Net Income
Adj ustrn e nt to Reconcile Cash Flow
Depreciation & Amortization
Gain!Loss on Sale of Fixed Assets
Change in Working Capttal
Other
Net Cash Provided by 0 perating Activities
Financing ActiviUes
Divide rid
Proceeds from Loans
Repayment of Loans
Interest
Principle
Other {describe)
Net Cash Used in Financing Activities
I nvestrn ant Activities
Initial Purchase of Assets
Condition Facilify Im prove ment Program
Purchases of Assets over the tenm of the contract
Proceeds from Sale of Assets
Net cash used in investing activrties
Total Cash Flow
Notes
I F rem the Income Statem ant J
From the Income State men!
(1}
(1)
(1)
I g\ -1
(1)
(1)
(1)
From acquisition and start-up table
(1)
(1)
(1)
Question Cash Flow
1 2 3
1. State clearly the basis for your estimate. You may do so in this s preadsheei, or on a separate sheet should you need more space.
Page 5 of 6
TC-ROC ROC4-12
Provide the folklwf rtg addilional worksheets, and link as .appropriate to the Statement o! Cash Flows, l n:come S!:atement
and Acquisition and Start-up Costs Schedule
1 Payroll and Staffing
2 .Adm inlstration and GeneraJ
3 Depredation and Amortization Schedule
4 Expense asst1 mptions
5 Worl<ing Capital Assumptions
Pages ofS
Question ..Additional Wat..o::sheets
Request for Qualifications
For A Temporary Concession Contract
Providing
Non-motorized Boat Rental and Storage
In
Rock Creek Park
(Temporary Concession Contract TC-ROCR004-12)
Department of the Interior
National Park Service
National Capital Region
1
Pursuant to the National Park Service Concessions Management Improvement Act of
1998, Public Law 105-391, the Director of the National Park Service may award non-
competitive temporary concession contracts for consecutive terms not to exceed three
years in the aggregate.
Through a lease held by the National Park Foundation, the National Park Service (NPS)
has provided non-motorized boat rental and storage services in the Rock Creek Park
(ROCR) since 1999. The lease will be terminated effective upon execution of Temporary
Concession Contract TC-ROCR004-12.
rental and storage services. The Service may award one temporary concession contract
and by law, the term of temporary concession contract may be one year, two years, or
three years, or any combination thereof, but not to exceed 3 years.
The National Capital Region (NCR) issues this REQUEST FOR QUALIFICATIONS (RFQ)
to determine if an interested operator is qualified to provide non-motorized boat rental and
storage as described in the draft Temporary Concession Contract, including all Exhibits,
that accompanies this RFQ. The Service is issuing this RFQ to obtain information about
the experience and financial capability of entities seeking to provide the non-motorized
boat rental and storage. While responses do not constitute offers, the Service plans to
rely, in part, on the information provided as a basis for selecting the temporary
concessioner.
In this document, the entity providing information to the Service in response to the RFQ is
referred to as the Submitter. When the pronouns "you" and "your" are used, it refers to the
Submitter.
Responses Considered a Public Document
The Service considers all responses submitted in response to this RFQ as public
documents that it may disclose to any person, upon request, to the extent required or
authorized by the Freedom of Information Act (5 U.S.C. 552).
If you (the Submitter) believe that your response contains trade secrets or confidential
commercial or financial information exempt from disclosure under the Freedom of
Information Act, you must mark the cover page of the response with the following legend:
The information specifically identified on pages of this response constitutes trade secrets
or confidential commercial or financial information that the Submitter believes to be
exempt from disclosure under the Freedom of Information Act. The Submitter requests
that this information not be disclosed to the public, except as may be required by law.
2
You !!!!!1 specifically identify the information you consider to be trade secret information
or confidential commercial or financial information on the page of the response on which it
appears, and you must mark each such page with the following legend:
This page contains trade secrets or confidential commercial or financial information that
the Submitter believes to be exempt from disclosure under the Freedom of Information
Act, and which is subject to the legend contained on the cover page of this response.
The Service will not make public such information so identified except in accordance with
law.
REQUIRED SERVICES: Non-motorized boat rental and storage.
OPERATING HOURS
Office Hours:
March 1 - September 30
9:00 a.m. - 5:00 p.m. Daily
Boat Rental:
Approx. April 1 - September 30
9:00 a.m. - 5:00 p.m. Daily
Storage:
Year round service
The concessioner may close on Federal Holidays.
ASSIGNED GOVERNMENT FACILITIES: Improved bulkhead/deck
3
Past Operating Information

..... 36,000*
"" --
Equipm
Kayaks
canoes,
ent Inventory Boats Stand-up Paddle Boards
-- ""'" -""' -
-

--
(single and double 175 10
etc ...
Rates: Boat Storage Monthly

Approx. 110 spaces $50.00
(11 racks; 10 boats a rack)
-
..
Rates: Boat Rentals Individual (max rental 3 hours)

- -
Adult $14.00
- -
Children (7-12) $7.00
""""
,,,.,,.,
..
Children (0-6) FREE
Rates: Stand-up Paddle boards $25.00 per hour
-- -
Rates: Hand Launching $10.00 per launch
-- -
*Please note that operating projections are only estimates based on Service assumptions,
taking into account appropriate and available historical data and other considerations.
Some or all of the projections may not materialize and unanticipated events may occur
that will affect these projections. Offerors should be appropriately cautious in the use of
all operating estimates. Offerors are responsible for producing their own prospective
financial analyses and may not rely on the Service projections. The Service does not
warrant and assumes no liability for the accuracy of projections or estimates contained in
this RFQ.
Past Operating Information rates were not approved by the NPS under public law and
policy. As disclosed in the draft Temporary Concession Contract, and especially its
Exhibit A, Operating Plan, the rates charged by a concessioner are subject to the
approval of the Service based on comparability.
4
Deadline for Submitting Information
The Service must receive your response by 4:00 p.m. EST on February 6, 2013
addressed to:
Steve LeBel
Deputy Associate Regional Director
Office of Business Services
National Park Service, National Capital Region
1100 Ohio Drive, SW Room 236
The Service will not accept electronically transmitted documents.
Information Sought
To determine the qualifications of those interested in providing the non-motorized boat
rental and storage services under the Temporary Concession Contract, this RFQ
solicits information concerning the Submitter's:
Business organization;
Applicable experience;
Personnel;
Financial capacity;
Real and personal property necessary to provide the services under the
Temporary Concession Contract; and
Capacity to mobilize quickly to avoid an interruption in visitor services.
Please provide thorough responses to all of the information solicited below.
5
BUSINESS ORGANIZATION
In the following forms, clearly disclose the Submitter's business entity organizational
structure. To the extent that support services such as purchasing or human resources
will be provided by a corporate parent or affiliate, you should clearly identify how this
support benefits the operation.
A. Business Organization and Credit Information: Individual or Sole Proprietorship
.....
N'"
"
Name of Individual and
Trade if any
- -
..
Address
"
-
Telephone Number
.. ,,, .. ...
"'""""'
=m
__,_,,,....
"'
Fax Number
"'
- -
Email Address
-"""' '"""
N""""
"'""'"'"'"
--
Contact Person (if other
than the Offeror)
-
...
- -
Tax ID Number
Years in business of the
same type as the required
services
-
Current Value of
Business
-
""'
Role in Providing
Concession Service(s)
"'MO
Due to difficulties determining authority to act and ownership, the Service will not
consider an offer from a husband and wife jointly as a purported business entity.
Either one individual must serve as the Submitter or the husband and wife must form
a corporation, partnership, or limited liability company to serve as Submitter.
* If the sole proprietorship acts under a name other than that of its owner (i.e., does
business as, company name, also add the jurisdiction where the company's trade name
is registered, if any.
6
B. Business Organization and Credit Information: Corporation, Limited Liability
Company, or Partnership
Complete separate form for the submitting business entity and any and all parent
entities.
'""
Name of Entity anc
Trade
- --
Address
--'"""'- -------
Telephone Number
...
Fax Number
--
Email Address
-
Contact Person
-
..

Title
... ..
---'"'"'"-
Tax ID Number
""M
State of Formation
..
--
Date of Formation
---
--
"'
OWNERSHIP NUMBER AND TYPE OF
SHARES OR
Names ancf':Addresses of
"
___,_,,., ..

those with controlling interest
and key principals of
business
--
Total Interests Outstanding
and
Type(s)

--ADDRESS
..
OFFICERS AND
DIRECTORS OR
GENERAL PARTNERS OR
MANAGING MEMBERS OR
VENTURERS
--
-- -
Attach a copy of the following:

-

--
-
-
CURRENT VALUE OF
INVESTMENT
-"--
....
TITLE AND/OR
AFFILIATION
..
Certificate from state of formation stating that the entity is in Good Standing.
A description of the relationship of any and all parent entities to the Submitter with respect
to funding and management.
7
EXPERIENCE
Using no more than 3 pages (8.5 x 11; 1 inch margins; 10 point or larger font),
provide a description of your experience in the operation and management of non-
motorized boat rental and storage, or similar business.
1. Name of entity providing the service
2. Location where the service is/was provided
3. Amenities and other related services offered in this operation
4. Role of Submitter in providing the service
5. Number of years in this operation
6. Number of rentals during most recently completed operating year/season;
average number of rentals during the past 5 (five) operating years/seasons.
7. Annual revenue earned during most recent completed operating year/season;
average revenue during the past 5 (five) years/seasons.
8. Any relevant experience providing the operation and management of non-motorized
boat rental and storage requiring the responsible stewardship of natural resources.
boat rental and storage requiring the integration of resource interpretation into
instructional services.
10. Any other information relevant to the experience of the Submitter relative to .
the provision of the services required under this contract, or similar services.
NEGATIVE OPERATING HISTORY
Disclose all notices of violations, fines, penalties, citations, or similar matters the
Submitter has received at any time in the last five years, whether as a principal or
employee of Submitter or otherwise, from any following agencies: National Park
Service, Environmental Protection Agency, Occupational Safety and Health
Administration, Department of Environmental Protection, or any other federal, state, or
local environmental, health, or safety regulatory agencies.
If there have been any infractions, please disclose the basis of the notice of violation,
fine, penalty, citation, etc., the date it was issued, the issuing agency, and how the
Submitter or its principals addressed the notice of violation, fine, penalty, citation, etc.
In this context, submitter includes all parent entities, subsidiaries, or related entities
under the primary entity and for corporations - the executive officers, directors, and
controlling shareholders; for partnerships - general partners; for limited liability
companies - managing members; for joint ventures - each venturer.
PERSONNEL
Describe in the format provided, the qualifications you will require for individuals to fill the
positions listed below in the format provided. Do not submit resumes or describe the
qualifications of specific individuals.
8

-

Executive who directly
supervises the general

General Manager
Manager
Minimum Qual
Relevant Experien
--''
-
_,.,,.,

--
ification Information
ce Minimum
Qualifications
Certifications (If
Applicable)
Describe your staffing plan, including existing and projected capacity to provide the
personnel necessary to meet the terms and conditions of the draft Temporary Concession
Contract.
FINANCIAL CAPACITY
Failure to provide all of the information requested on these forms may result in a reduced
understanding by National Park Service of the Submitter's ability to provide the services
required under the Temporary Concession Contract.
Provide the information described below with respect to the Submitter, including related
entities who will provide managerial or financial support (or both) to the Submitter.
Disclose whether you intend to create a new legal entity to provide boat rental and storage
visitor services under the draft Temporary Concession Contract and, in such case,
describe the Submitter's financial relationship to the legal entity.
A. Business Credit Information
1. Has Submitter ever defaulted from or been terminated from a management or
concession contract or been forbidden from contracting by a public agency or private
company?
Cl YES LI NO
If YES, provide full details of the circumstances.
2. List any foreclosures, bankruptcies, receiverships, transfers in lieu of foreclosure,
and/or work-out/loan modification transactions during the past 5 years. (If none. then so
indicate.) Attach an explanation of circumstances, including the nature of the event, date,
type of debt (e.g., secured or unsecured loan), type of security (if applicable), approximate
amount of debt, name of lender, resolution, bankruptcy plan, and other documentation as
appropriate.
3. Describe all pending litigation or administrative proceedings (other than those
covered adequately by insurance) which, if adversely resolved, would materially impact
the financial position of the Submitter. (If none, then so indicate).
9
4. Describe all lawsuits, administrative proceedings, or bankruptcy cases within the
past five years that concerned the Submitter's alleged inability or unwillingness to meet its
financial obligations.
5. Provide your most recent financial statement (audited preferred, reviewed
acceptable). For sole proprietorships and partnerships, provide personal financial
statements for the owner and general partners, as applicable.
If audited financial statement are not available or not representative of your financial
history, present an explanation in sufficient detail to enable a reviewer to fully understand
the reasons why audited financial statements are not available (for example, if reviewed
statements were submitted instead of audited statements, include an explanation as to
why the statements were reviewed and not audited). In addition, provide compelling
evidence/documentation, accompanied by descriptions, of your financial track record of
meeting your financial obligations
6. Provide a current credit report (within the last six months) from a major credit
reporting company such as Equifax, Experian, TRW, or Dun & Bradstreet.
B. Understanding of Financial Obligations
Demonstrate that your understanding of the required services is financially viable and that
you understand the financial obligations of the Draft Temporary Contract by providing the
following:
1. Your estimate of the acquisition and start-up costs of this business using the Initial
Investment and Start-Up Expense and the Initial Investments and Start-Up Expenses
Assumptions forms included in the Excel spreadsheets provided as Appendix A to the
prospectus. Explain fully the methodology and the assumptions used to develop the
estimate. The information provided should be of sufficient detail to allow a reviewer to
fully understand how the estimates were determined. If you will have no initial investment
or start-up costs, please include that information on the form.
2. Using the Excel spreadsheets provided in Appendix A, complete the Income
Statement and Income Statement Assumptions forms and the Cash Flow Statement and
the Cash Flow Statement Assumptions forms found in tabs to the Excel spreadsheets.
Provide estimates of prospective revenues and expenses of the concession business in
the form of annual prospective income and cash flow statements for a 3 (three) year term
of the Temporary Concession Contract.
Please complete the Operating Assumptions tab to fully explain your financial projections.
3. Additional general notes regarding the provided forms found in Appendix A attached
to the RFQ:
10
The Service has provided forms that request the information in the format it desires.
These forms may differ from the format and requirements set forth in generally accepted
auditing standards (GAAS) with regard to prospective financial statements. The Service
does NOT request that the prospective financial statements be reviewed in accordance
with GAAS. In situations where the information requested departs from GAAS, the Service
requests that the information be provided in the format requested and NOT in
conformance with GAAS.
Do not add or eliminate rows on the Excel spreadsheets provided in the appendix.
Columns should not be deleted and formulas must not be changed; however, columns
may be added to adjust the number of years to the Draft Contract term, if necessary. If
you wish to provide additional Information, do so in additional spreadsheets, outside of the
ones provided. If additional information Is provided, clearly identify how it fits into the
income statement, cash flow, and/or assumption tables. For the purpose of the proforma
statements utilize the calendar year as the fiscal year.
Provide a clear and concise narrative explanation of the method(s) used to prepare the
estimates and the assumptions on which your projections are based. Information must be
sufficiently detailed to provide a full understanding of how the estimates were determined.
Complete all of the forms provided and submit both a hard copy, and an electronic Excel
spreadsheet file on a CD (compact disk.)
If the Service enters into discussions with you toward award of a Temporary Concession
Contract, you may have to demonstrate your ability to obtain the required funds such as
obtaining letters of commitment from lending institutions.
PERSONAL PROPERTY NEEDEP FOR THE OPERATIONS
Describe your existing owned or leased inventory of personal property (including non-
motorized boats and equipment) and assets necessary to meet the terms and conditions
of the Temporary Concession Contract. For example, include the fleet of non-motorized
boats you will commit to meeting the requirements of the Draft Temporary Concession
Contract.
ABILITY TO MOBILIZE TO COMMENCE OpERAI!ONS
Using not more than 5 pages (8.5x11; 1 inch margins; 1 O point or larger font), describe
your plan (including a timeline) to mobilize your resources to commence partial or full
provision of the boat rental and storage services described in the draft Temporary
Concession Contract to begin operations by approximately April 1, 2013. As necessary,
please refer to information (such as staffing) you have provided elsewhere in your
response.
11
CERTIFICATE OF BUSINESS ENTITY
(Respondents who are individuals should skip this certificate)
I, , certify that I am the of
the [specify one - corporation/partnership/limited liability company/joint venture] named
as Submitter herein; that I submitted this information on behalf of the Submitter, with full
authority under its governing instrument(s), within the scope of its powers, and with
affirmative representation that the information provided is true and correct based on
information available to me as of the date signed below.
Name of Entity: ------------------------
B y = ~ ~
(Type or Print Name)
Date--------------
Original Signature
Title
Address
CERTIFICATE OF INDIVIDUAUSOLE PROPRIETORSHIP
I, , certify that I am the individual] named as
Submitter herein and affirmatively represent that the information provided is true and
correct based on information available to me as of the date signed below.
By _____________ _
Date--------------
Original Signature
Title
Address
12
(b) (6)
(b) (6)
(b) (6)
(b) (6)
(b) (6)
(b) (6)
.,./'
8.

1'hi::.t. he !'iOC: <1c1y Ot' ot:hcx- corn-
bustlblc co in ::;aid premises.
----..
__ .... -
'l'hi;i,t. all p.::?r01:t.l. on !:i<.lid shall be
and i.erru:i.:i.n .i::: his :;-isk
1
and the Pisi::r1.c.C: 1:1hall not
be l:t.abli;? for an>' toi 01 loss or of, $uCh
per!Jona.l propert:y iro:ci act:::; oC nG!;-lir,.o.ncc o.C
any other Q"( hi:!1.t'.i!i.g OJ:' plumb;i,ng .;!.xb.,lrc::;,
or from elec.i::r:!.c OJ; from nny other
1.1hi1.ts0a..rer; !1'.,111 the J)lst:r.:i.ct;; lil!.ble for
<1.ny injury to the. of or per.sons
i,n .flnd about s2..id the Lessee agree
;i,ng to aavc: the. Di!jtt:tcc h1;J.:t..1nlC!.$$ in a.ll such case.a.
10. l.n nccordencc. wie.h of or delegat::c t:o
be to any ot: part:. of th;l.s
conl:r.nct:, ol'."' t;.o az-ise the.:z:cf:rom.
11. In Che. event !:h&t: herein were ncqu;l.red l;iy
District: 11.1 proc.e.e.dinss it: is expressly
understood by th.0 he;r;eto that: Chis agreement:
shall be to a::p. o:-:del:s of Superior Court for
the Diattict of entered in such ptoeoedinss
'"ihich bC! in i!!Odi:Eica.tion or l.:i.rn:Ltat.ion 0 t::he. ri,ght:.s
hi;!.re.in provi.dsd.
12. Hill, at: l.ezt:e;:.'s 01m cost and 0:x.pt1nsc, pro ..
v:ldc, IY!..1.int:td.n, and ;l,n force at:: times d.uX'ing
Che period oJJ this and any ext:ens;l.on
hereor ll,abili.tj propctt:y <l'3.m.age insurance. in
1,-,>h:l.ch Lessor shall b(i as a,n
sure.U covering cle.rn:l.sed and business,
with J.e.ss :=ol.lO'"l'i.n'3 li.mit::.s of. liability:
J\.1bJ.;f...1...f...l;!.illi;..:.,.J .. for bodily or dee.t:h
suat:ainl':l.d b) oral $500,000 tif.th a total limit
a liabilit.:y for bo-:.i.ly :tnju.J:::les ot"" death su$t:ainad by
t!!O:te t.:han one. one

l?:i;ope).:ty for one accident; $100,000
and $500,000 :!.n the
(b)Lessee w}.l.l not tn a:".: do> po.rm.it: o::. .suff@.r Any
or thi.:r:z ln or Nhich may :.1nkG: void
or undei;- t:he t::ctJnS of this
. to t.he Lessor all policios
of. ;i.nsuZ'.::i.n.t.I'!. ;,:.- prov;i,siOi1S of Chii! lease., and
also to L8.:.:;isoi; .from t:ime. t:o t:it.-:c, and
1,-:han0vei. L<.!s:>or :7..t..j" rt?.c:..:.'!.st th!'.! ilt1ch <"IS
J..os!lot r:ta)' l'i:!<.;:.d.r.:!: t'.-,.:! t:h2.t such in:JUt'tU'ICC ;l.s. in
full fo'.tce 8:".d

.:..:-:cl of t:.he co which prc.r..i\1ms
Cher.cf ore hl\\c .i:ul"thC).'
1
all
shalL eo:l.t?.t:1 .:. that; s.ai.d policiC?.s
not c\i.:>;<\,t;e=. :i:: lc.J .(c1.- any u:t::il
thirt;y (;JO) day::i a of 9\,JCh prop"osecl
or i.c:. :-.::.J> ba1::!n racciJ!:ld by L0sc.o'i:, or
urd.c::s::: Lesso:- !; .. ;,i_ , .. . t:he:)."ei::o or recp.1.::::.:t.:
t:hf;
'
PROVIDED AI.WAYS, that: ii r.r.c i;;,il t:o riiake payments f.o:c
use in advance .nfo:rc,gnicl, aJ.thOl.IEh ha\.'{': bcn no or formal
r:1.?.cle, or sh.:ill b}.'Ct.k or 2:--.;.- of the ,:ithin or
1111.;!nts
1
then .(l.t\l\ in of .and <i.ll "t:hirigs hei:.cin
:iha1.1 ,..,.., t.:he option oJ: t:!-t;?. iJist::::-ict .,,ni:.l i;uch
or v:l.olat.:ion sho.ll op\'.:!.rat:e as 2. t;:o ((.,d.t, any Not;1ca to
Qu.lt being c;-.:pressly waived; ancl ))i.str:lct: c..1:;y procoed t:o recove.i;'
po$sess:lon of :;;aid 11i:.emise11 under s,n,d by . of the provisions of the Code
of J::or t:hc:i D:l.sc:rict of
U' :PROCtE:DIN:cs shall .nt:. coi=i.e11cl1C. !or r1'.!.Covery of
possession a.oz-esald and or S:!!.tt;le":"::.2I!.t shc.11 be offaec::c:i:l e:i.t:her
or after j1,1cl3ment t ... t:ha s:-ie.ll perw.f.tt:e{l to reeain
poss.::i,:s;i.on of said then sui;:h shall not: consc:l.tute a
Wai.vet of any i;:ondit;l.on O'.I;' herci11 of any st10seQu(!nt
breach ot of t;hts agrec11i.:?ni:.
11' IS FUrCTl-U:.R Ut--.'DI!:ZlB'tO-JD A!:JP ... t:h.at :ln event t:h.c J .. eoscc
i.s ilcljud1.cated a b.Qn1t<:rupt Ok make:.s an for tho benefit o.f! the;!,}:

t:hi:;_ ngi:oe.rne.nt Sh'3.ll at . .:::: ;it t:he Dtst:rict ce<.l.!;le a::td de.torn
m:t..ne -Rnd sai.d premises be :o the DiSti:':i.Ct:: tvh:i.c.h her.eby
the right.J in eitheX' of !lai.d

to and re ..
ptemiStlij,
It J.S I'UR'l'HER U:illf.RSTOOJ .il.,,:;:) . i that t)H>; and Agre<.\m
herein bi11d:ln:i; 0:1) <!.:--.; be i;o.nforced by the
hei"r:s,, s.:.c\::.eoso:i."J ancl assigns,
r<:specti\
1
L!.l.y i and t:ha.t. no 1-;aj,ve't of <'1.c::.- \:. ;;-.li..l.'.:.',"; of. ce>:'".Ji.t;i,011 o:i.
shall be :::o bi.;. a ..:.:;;i.vei: o! th,\t: c.onclit::l.or1 01."
if no clc:..fil.utt; 011 c::(l pv.;::t: ei the then r.hall. ba.
E:!.nt:itlQ\l r..:o 'Iht:.:ty (30) D,':1'./S
1
not:li'.::2 '..'..O

wh:f.ch shu.11
(b) (6)
(b) (6)
(b) (6)
(b) (6)
(b) (6)
'
LUCE Lag
Ji LOG NO
,
GOVERNMENT OF THE DISTRICT OF COLUMBIA
DEPARTMENT OF PUBLIC WORKS
2000 14YH N.W.
IST+-1 f:LOOR
WASHINGTON. o.e. jf;Ol)0$
TO;
OFPICt!: OP' POLIC::V A.NO F>LANNING

,/ h
Mr. Manus J;" Fis
U. s. DEtpai:tment of Interi
National Park service
National capital Region
1100 Ohio Drive, s.w.
Dear Mr. Fish:
September 2, 1987
Enclosed is a signed copy of your May 18, 1987, letter to
Mayor Barry regarding the transfer of jurisdiction of the
Georgetown Waterfront Park from the District of Columbia to
the National Park service.
A copy of this letter has also
Highway Administration CFHWAJ
this transfer is still pending.
been forwarded to the Federal
However, FHWA approval of
I will notify you upon recP,',ipt of FHWA approval.
Enclosure

. ,
Sincerely,
,<(( .. -C
, L...___--
.. ...wa:l:'!"ace J. Cohen
',.Acting Administrator
I
I
').
., ,
/
U nif ed States Department of the Interior
NATIONAL PA.llK. SERVICE
NATIONAL CAPITAL.REGION
1100 OHIO DRlvE, S:W. .:
WASHINGTON. n.c. 20242
L30(NCR-LUCE)
Honorable Marion S. Barry
Mayor of the District of Columbia
flistrict Building
13th & E Streets, N.W.
Dear
1 B MAY 19B7
On September 10, 19BS, the Council of the District of Co 1 umbi a adopted Council
Resolution 6-284, which provided for the transfer of jurisdiction of District
Of Columbia lands within the boundaries of Georgetown Waterfront Park to the
National Park Service. Section 3 of the resolution makes the transfer
contingent upon an exchange of letters between us, This will serve as the
letter which is required in Section 3 and indicates our agreement with the
following conditions of the transfer:
l, Tile District of Columbia Government shall authority to maintain
water and sewer systems in the area by.means of easements shown on the
plats on file with the District of Columbia Office of the Surveyor under
s.o. 84-230, Phase I dnd II.
2. The District of Columbia retains rights of access to and use of the
transferred land in order to maintain and rehabilitate Key Bridge, the
Whitehurst Freeway, and K Street, N.W., as shown on the plats on file with
the District of Columbia Offii::e of the Surveyor under S.O. 84-230, Phase I
and Phase n.
Tile District of Columbia is presently considering constructing cl'lnnecting
ramps from lower K Street, N.W., to Canal Road and Key Bridge. If the
District determines tllat such connections should be constructed, the ,
Di strict wil 1 seek a res o 1ut1 on of the Council of the Di strict of '
Columbia, prior to the .stage transfer of jurisdiction provided for
in Section 2(2) of Resolution 6-284, which will reserve to the District of
Columbia jurisdiction over the land necessary to construct and maintain
those connecting ramps.
- - ... _ .... .... ,.
. ....... . .
-;...._ ,'
' .
'"
'.
2
3. The National Park Service agrees to allow the District of Columbia to use
existing storage areas and public: work.S facilities until these are
rel oc:ated to suitable sites. by the mutual agreement of the Mayor and the
Regional Director, National Capital Region, National Park Service.
4. If the deed, dated January i, 1985, between Washington Harbour Associates
et. al., and the United States Of America, by other than
technical or insubstantial amendments, or cancelled, or if Washington
Harbour Associates fails -to provide $1 million for the construction of a
park between 31st Street, N.W., and Wisconsin Avenue, N.W., then
jurisdiction shall revert to the District of Columbia.
5. We agree that the transferred lands shall be used only for public park an
related purposes, However, this does not preclude the assignment of
existing leases to the.National Park Service.
6. The Nati ona 1 Park Service sha 11 co ope rate with the District of Co 1 umbi a i
finding alternative sites for affected public services and in planning th
development of the park. In this regard we have issued the necessary
permit to provide for the relocation of the Bridge Division to the llth
and 0 Street site. The National Park Service shall continue to involve
the District of Columbia Office of Planning .1n our planning for the park.
7. The District of Columbia shall delegate its duties under existing leases
and shall assign the rents derived from existing leases to the National P
F'oundation, to be used to the benefit of theGeorgetown Waterfront Park.
8. Pdr'k will jurisdiction over the property in
existing condition as of the date of transfer of jurisdiction.
9. The National Park Service shall assume responsibility for shoreline
maintenance to include repair and maintenance and protection of all -0r ar
wharves, piers, bulkheads and similar structures approved by park
development plans and not _the subject of ieases located on the
land or in the adjacent waters.
Section 4 of the resolution also requires that the District of. Columbia
conduct a parking study prior to transferring jurisd1ction. The National
, Park Service has reviewed the now-completed Georgetown Park1ng Plan', and
concurs with its f1 ndi ngs."
. ..
" -- m
__ ,.
... , ....
.:
3
,)
We appreciate the cooperation of the nistri2t of Columbia in this important
transfer, and look forw2rd to the creation of the waterfront park.
Sincerely,

Reg1onal D1rector, National Capital Region
I concur:
Mayor of the 01str1c
1/2/14 DEPARTMENT OF THE INTERIOR Mall - Re: Jacl<s Boathouse and Guest Ser"1ces
Re: Jack's Boathouse and Guest Services
LeBel, Steve <steve_lebel @nps.goV> Tue. Jan 29, 2013 at 9:55 AM
To: Ryan Greene <rcg63@georgetown.edu>
I must refer you to Jennifer Mummart, our Public Information Officer, at 202.619.7174.
On Mon, Jan 28, 2013 at 4:12 PM, Ryan Greene <rcg63@georgetown.edu> wrote:
Mr. LeBel,
Hello, I'm Ryan Greene. I'm a news reporter for the Georgetown Voice. Last Thursday, we ran an article about
the NPS's RFQ on Jack's Boathouse's land. Jack's owner Paul Simkin was quoted, claiming that you were
colluding with Guest Services and Intending to give Guest Services the lease to Jack's' land. Do you have any
comment on Simkin's allegations? I'd greatly appreciate the opportunity to talk to you about where Mr. Simkin
might be getting this idea and what you ha1& to say in response.
Thank you very much,
Ryan Greene
Georgetown Voice news reporter
Steve LeBel
Deputy Associate Regional Director. Operations and Education
Phone: (202) 619-7072
Fax: (202) 619-7157
The information contained in thi s message may be protected by attorney-client or other pri"11ege. It is intended
for the use of the indi"1duals to whom it is sent. Any pri\oilege Is not wai\.ed by virtue of this ha"1ng been sent by
e-mai l. If the person actually recei\oing this message or any other reader of this message is not a named
recipient, any use, dissemination, distribution. or copying of this communication is prohibited. If you recei ve this
1/1
(b) (6)
1/2114 DEPARTMENT OF THE INTERIOR Mail Re: RFQ Packt1ge for CCJACK001
723K
t!j 1.25.13 Request For Qualifications.pdf
188K
https ://mail .g oog I a.comlmai llu/O/?ui = 2&i k=f9191 ba2e4 ~ ew= pt&sear ch" sent&th
0
13cB6d3dOBBe 1463
212.
Rock Creek Park
3500 K St, NW
Phone: (TBD)
1
due to transfer timing issues.
CONCESSION CONTRACT
TABLE OF CONTENTS
Table of Contents
SEC. 1. TERM OF CONTRACT ............................................................................................................. 1
SEC. 2. DEFINITIONS ............................................................................................................................. I
(a) Required and Authorized Visitor Services .................................................................................... ]
(c) Operating Plan .................................................................................................................................. 3
(d) Merchandise and Services ............................................................................................................. 3
(e) Rates .................................................................................................................................................. 4
(a) Employees ......................................................................................................................................... 4
(a) legal, Regulatory and Policy Compliance .................................................................................... 5
(b) Notice ................................................................................................................................................. s
(I) Indemnification and Cost Recovery for Concessioner Environmental Activities ..................... 8
(g) Weed and Pest Management... ...................................................................................................... 8
(a) Concessioner Obligations ................ ,, ............................................................................................. 9
(b) Director Review of Content ............................................................................................................. 9
(d) Right of Entry .................................................................................................................................. 10
(f) Condition of Concession Facilities ................................................................................................ IO
(g) Utilities .............................................................................................................................................. 1 o
SEC. 9. MAINTENANCE ....................................................................................................................... 10
(a) Maintenance Obligation ................................................................................................................. IO
(b) Maintenance Plan ........................................................................................................................... I 0
SEC. 10. FEES ........................................................................................................................................ 11
(a) Franchise Fee ................................................................................................................................. 11
(b) Payments Due ................................................................................................................................ 11
(c) Interest ............................................................................................................................................. 11
(d) Adjustment of Franchise Fee ....................................................................................................... 11
SEC. 11. INDEMNIFICATION AND INSURANCE ............................................................................ 12
(a) Indemnification ................................................................................................................................ 12
(c) Commercial Public Liability ........................................................................................................... 13
(a) Bonds ............................................................................................................................................... 14
(b) Lien ................................................................................................................................................... 14
(a) Insurance Certification ................................................................................................................... 15
SEC. 15. SUSPENSION, TERMINATION, OR EXPIRATION ......................................................... 15
(a) Suspension ...................................................................................................................................... 15
(b) Termination ..................................................................................................................................... 15
Draft Contract Table of Contonts
-------
EXHIBITS
EXHIBIT A:
EXHIBIT B
EXHIBIT C:
EXHIBIT D:
EXHIBIT E:
EXHIBIT F:
EXHIBITG:
Operating Plan
Nondiscrimination.
Assigned Land, Real Property Improvements
Assigned Government Psrsonal Property
Maintenance Plan
____________ ,,,,_, ___ _,.
Region, (hereinafter referred to as the "Director"), and Concessioner, a Corporation organized and
existing under the laws of Washington, DC, (hereinafter referred to as tho "Concessioner"):
WITNESSETH:
future generations: and
NOW, THEREFORE, pursuant to the authority contained in the Acts of August 25, 1916 (16 U,S,C, 1, 2-
4), and November 13, 1998 (Pub. L. 105-391 ), and other laws that supplement and amend the Acts, the
SEC. 1. TERM OF CONTRACT
This Concession Contract No, TC-ROCR004-12 ("Contract") shall be effective as of (TBD) , and shall be
for the term of approximately two (2) years until its expiration on December 31, 2014 .
SEC. 2. DEFINITIONS
singular and the plural forms of the defined terms:
rules, regulations, requirements and policies promulgated under those laws (e,g,, 36 CFR Part 51),
federal, state and local laws, rules, regulations, requirements and policies governing nondiscrimination,
under this Contract BMPs are expected to change from time to time as technology evolves with a goal of
sustainability of the Concessioner's operations, Sustainability of operations refers to operations that have
a restorative or net positive impact on the environment
Draft Contract
and all real property improvements assigned to the Concessioner under this Contract. The United States
(e) "Days" shall rnean calendar days.
which is hereby made a part of this Contract.
laundry);
(2) Charges for employees' meals, lodgings, and transportation:
(3) Cash discounts on purchases:
(4) Cash discounts on sales:
(6) Interest on money loaned or in bank accounts:
(7) Income from investments:
(8) Income from subsidiary companies outside of the Area:
resale:
license fees, and postage stamps, provided that the amount excluded shall not exceed the m o ~ i n t
actually due or paid government agencies:
handicrafts.
Concessioner from coin-operated telephones shall be included in gross receipts. All revenues received
from charges for in .. room telephone or computer access shall be included in gross receipts.
(i) "Gross receipts of subconcessioners" means the total amount received or realized by, or accruing to,
U) "Subconcessioner" means a third party that, with the approval Of the Director, has been granted by a
concessioner rights to operate under a concession contract (or any portion thereof), whether in
(\) "Visitor services" means the accommodations, facilities and services that the Concessioner is required
TC-ROCR004-12 Draft Contract Pege3
(a) Required and Authorixed Visitor Services
During the term of this Contract, the Director requires and authorizes the Concessioner to provide the
of non-mot:;ized __
1.j, ___J Non-motorized vessel rent!L __
(2) Authoriwd Visitor Services. The Concessioner is authorized but not required to provide the following
visitor services during the term of this Contract:
Servic
i Vend in
ii. lncidEm
iii. lnstruc
sale of water and __ _____
The Concessioner shall provide, operate and maintain the required and authorized visitor services and
(c) Operating Plan
reqL1irements for the operations of the Concessioner under this Contract in the form of an Operating Plan
(1) The Director reserves the right to determin0 and control the nature, type and quality of the visitor
must be approved in writing by the Director prior to use. Ali such material will identify the Concessioner
as an authorized Concessioner of the National Park Service, Department of the interior.
_:T_:C._:"Rc:c::O.=C:_R;;;;0,;;;.04.:_._:1.;::2 ______ ,"""""""""'---'D=-c-=ac.:ft-'C:.:o::.:nc::.tr.:cac::..:t ___ .. 1.
that will assure that gift merchandise, if any, to be sold or provided reflects the purposo and significance
of tho Area, including, bl1t not limited to, merchandise that reflects the conservation of the Area's
resolirces or the Area's geology, wildlife, plant life, archeology, local Native American culture, local ethnic
culture, and historic significance,
(e) Rates
appropriate for the type and quality of facilities and/or services reql1ired and/or authorized under this
accordance with Applicable Laws and guidelines promulgated by the Director from time to time.
(1) Subject to Section (f)(2) and (1)(3), in providing visitor services, the Concessioner must require its
services to the public including, without limitation, those se.t forth in Exhibit B,
as part of its rate approval process,
(a) Employees
(1) The Concessioner shall provide all personnel necessary to provide the visitor services required and
conditions, including, without limitation, those set forth in Exhibit B,
consideration in their relations with the public, The Concessioner shall have its employees who come in
and other policies and procedures for the purpose of providing visitor services through its employees in
working environment for its employees. The Concessioner shell conduct appropriate background reviews
policies established by the Concessioner,
TC-ROCR004- 12 Page 5
situation.
(8) The Concessioner shall p\1blish a statement notifying employees that the unlawful manufact\ire,
tt1e Area, and specifying the actions that will be taken against employees for violating this prohibition. In
addition, the Concessioner shall establish a drug-free awareness program to inform employees abo\1t the
or local health, law enforcement or other appropriate agency, for any employee that is found to be in
violation of the prohibition on the unlawful manufacture, distribl1tion, dispensing, possession, or use of a
charges to its employees for this Musing must be reasonable.
(a) Legal, Regulatory and Polley Compliance
Applicable Laws relating to nondiscrimination in employment and providing accessible facilities and
(b) Notice
the Concessioner, including its employees, agents or contractors, and, at its sole cost and expense, m\1st
All notices required by this Contract shall be in writing and shall be served on the parties at the following
Superintendent
TC"ROCR004-12
i:{c)c::I" r');)r!<
..1t.n1ru 1 .. u11c.
1
, l\JVV
?OOOH- 1 ?Cl/
Draft Contract
(TBD)
Page 6
(1) The Concessioner, including its employees, agents and contraclors, shall comply with all Applicable
(1) The Concessioner shall develop, document, implement. and comply fully with, to the satisfaction of the
Environmental Management Objectives. The initial E:MP shall be developed and submitted to the Director
for approval within sixly days of the effective date of this Contract. The Concessioner shall submil to the
Director for approval a proposed updated EMP annually.
(2) The EMP shall account for all activities with potential environmental impacts by the
Environmental Management Objectives.
consistent with all Environmental Management Objectives. The EMP shall also identify specific targets
(i.e. measurable results and schedules) to achieve these goals.
Concessioner employees and contractors. The EMP shall include the designation of an environmental
implement) document control and information management systems to maintain knowledge of Applicable
Draft Conlmct _________ , _ _r::age 7
(vi) Reporting, The EMP shall describe (and implement) a system for reporting environmental information
(vii) Communication, The EMP shall describe how the environmental policy, goals, targets,
responsibilities and procedures will be communicated throughout the Concessioner's organization.
(viii) Training, The EMP shall describe the environmental training program for the Concessioner,
be documented,
(ix) Monitoring, Measurement, and Corrective Action. The EMP shall describe how the Concessioner will
comply with the EMP and how the Concessioner will self.assess its performance under the EMP, a least
describe procedures to be taken by the Concessioner to correct any deficiencies identified by the self
assessment.
substance, as defined in the Emergency Planning and Community Right to Know Act of 1986, in
(2) Rsports. The Concessioner shall submit to the Director copies of all documents, reports, monitoring
notice to the Director of communications. including without limitation, meetings, audits, inspections,
Draft Contract
-------
( e) Corrective Action
forth in this section, arising in connection with the Concessioner's operations lmder this Contract,
(2) Even if not specifically required by Applicable Laws, the Concessioner shall comply with directives of
condition.
judgments (Including, without limitation, fines and penalties) and expenses (including, without limitation,
this Contract.
(2) If the Concessioner does not promptly contain and rernediate an unauthorized discharge or release
arising out of the activities of the Concessioner, its employees, agents and contractors, as set forth in this
section, or correct any environmental self-assessment finding of non-compliance, in full compliance with
Applicable Laws, the Director may, in its sole discretion and after notice to the Concessioner, take any
remediate, or otherwise respond to such release or discharge, or take corrective action on the
any costs of the Director associated with SllCh action upon demand. Nothing in this section shall preclude
(h) Protection of Cultural and Archeological Resources
The Concessioner shall enslire that any protected sites and archeological resources within the Area are
not disturbed or damaged by the Concessioner, including the Concessioner's employees, agents and
TC"ROCR004-12 ___ _:D::..:..:raccf/'--C=-0=-r-'1!'-'ra-"c.:..I ___ ___________ ~ a g e ~
enjoyment of the Area. Any additional visitor services that may result from this assistance must be
materials, regardless of media format (i.e. printed, electronic, or broadcast media), to the Director for
SEC. 8. CONCESSION FACILITIES USED IN OPERATION BY THE CONCESSIONER
lands. The Concessioner shall not obtain a Leasehold Surrender Interest or other compensable interest
Director; or
Concessioner in these circumstances.
TC-ROCR004-12 Page 10
(d) Right of Entry
the Area.
subsection (e)(2).
government personal property, including without limitation removable equipment, furniture end goods, for
operable condition. II the property ceases to be serviceable, it shall be returned to the Director for
disposition.
(g) Utilities
Applicable Laws.
(2) II the Director does not provide utilities to the Concessioner, the Concessioner shall, with the written
approval of the Director and under any requirements that the Director shall prescribe, s e ~ i r e necessary
SEC. 9. MAINTENANCE
maintenance requirements which shall be adhered to by the Concessioner. The initial Maintenance Plan
TC"ROCR004-12 Draft Contract __________
in furtherance of the of this Contract and shall not be inconsistent with the terms and conditions
SEC. 10. FEES
(a) Franchise Fee
(1) For the term of this Contract, the Concessioner shall pay to the Director for the privileges grant0d
(2) Neither the Concessioner nor the Director shall have a right to an adjustment of the fees except as
(b) Payments Due
(1) The franchise fee shall be due on a monthly basis at the end of each month and shall be paid by the
(2) The Concessioner shall pay any additional fee amounts duo at the end of the operating year as a
result of adjustments at the time of submission of the Concessioner's Annual Financial Report
(c) Interest
An interest charge will be assessed on overdue amounts for each thirty (30) day period, or portion
interest charged will be based on the current value of funds to the United States as published
payment to the extent by Applicable Law.
significantly affect the probable value of the privileges granted by this Contract.
TC"ROCR004" 12 Draft Contract

adjustment (up or down) of the franchise fee within this period, the franchise fee will bo adjusted
sixty (60) day period, then either the Concessioner or tho Director may request binding arbitration to
unchanged) that is consistent with the probable value of the privileges granted by this Contract within
(8) Any adjustment to the franchise fee resulting from this section shall bEC prospective only.
SEC.11. INDEMNIFICATION AND INSURANCE
(a) Indemnification
any kind and nature whatsoever on account Of fire or other peril, bodily injury, death or property damage,
of this Contract.
Pago 13
insl1rance coverages.
resulting from the acts or omissions of the Concessioner or its employees, agents or contractors, in
(2) This insurance shall be in tha amount commensurate with the degree of risk and the scope and size of
insured.
(2) For this purpose, the Concessioner shall provide lire and extended insurance coverage on
Concession Facilities for all or part of their replacement cost as specified in Exhibit Fin amounts no less
to be named insured as their interests may appear.
TC-ROCR004-12 Droft Contract Pago 14
endorsement by the United States, unless the damage exceeds $1,000,000. The of insurance
(a) Bonds
(b) Lien
the information required by this Contract, including but not limited to the Concessioner's repair and
to the Concessioner Annual Financial Report Form issued by the Director.
under this Contract by means of arrangements for the procurement of equipment,
(2) ii the annual gross receipts of the Concessioner are in excess Of $1,000,000, the financial statements
, ___________
Accountants.
(3) If annual gross receipts are between $500,000, and $1,000,000, tile financial statements shall be
Standards (GAAS) and procedures promulgated by the American lnstiMe of Certified Public
Accountants.
(4) If annual gross receipts are less than $500,000, tho financial statements may be prepared without
Balance Sheet. Within ninety (90) days of the EJxecution of this Contract or its effective date, whichever is
receipts, by an independent Certified Accountant.
its performance the Contract or otherwise, including, but not limited to, operational information.
(a) Suspension
nature shall be due the Concessioner by the Director in the event of a suspension of operations,
(b) Termination
conserve, and preserve Area resources, or to limit visitor services in the Area to those that continue to be
requirement to maintain and operate visitor services to the satisfaction of tho Director, the requirement to
(3) In the event of a breach of the Contract, the Director will provide the Concessioner an opportunity to
cure by providing written notice to the Concessioner of the breach. In the ovent of a monetary breach,
nonmonetary breach, if the Director considers that the nature of the breach so permits, the Director will
(4) The Director may terminate this Contract upon the filing or the execution of a petition in bankruptcy by
the Bankruptcy Act or its successor, an assignment by the Concessioner for the benefit of creditors, a
The Concessioner must give the Director immediate notice (within five (5) days) after the filing of any
the Bankruptcy Act or its successor, or making any assignment for the benefit of creditors. The
365.
(2) Upon termination of this Contract for any reason, or upon its expiration, and except as otherwise
provided in this section, the Concessioner shall, at the Concessioner's expense, promptly vacate the
Area, remove all of the Concessioner's personal property, repair any Injury occasioned by installation or

with the terms of this Contract shall be considered abandoned property to disposition by the
intangible assets, for a period of time not to exceed one (1) year from the dat0 of such termination or
expiration. The other operator shall pay tho Concessioner an annual fee for use of such property,
System Board of Governors, effective on the date the operator managerial and operational
responsibilities. In such circumstances, the method of depreciation applied shall be either straight lino
depreciation or depreciation as shown on the Concessioner's Federal income tax return, whichever is
less. To avoid interruption of services to the public upon termination of this Contract for any reason or its
of this Contract.
Applicable Laws.
TC-ROCR004-12 Draft Contr<ict
(d) The Concessioner is not entitled to be awarded or to have negotiating rights to any Foderal
procurement or service contract by virtue of any provision of this Contract.
Page 18
(e) Any and all taxes or assessments of any nature that may be lawfully imposed by any State or its
Concessioner.
regulations, as they are effective now or may be revised in the future.
nature form the basis of or may amend this Contract. This Contract may be extended, renewed or
(j) The invalidity of a specific provision of this Contract shall not affect the validity of the remaining
(I) Claims against the Director (to the extent subject to 28 U S.C. 2514) arising from this Contract shall be
U.S C. 2514.
dates shown below.
CONCESSIONER
By

[Name of signer]

Concessioner
UNITED STATES OF AMERICA
By
Jonathon B. Jarvis
DATE: --------' 20_
DATE: ________ ,20_
DATE:
-------' 20_
TC-ROC!W04"12 fahihil A: Operatin_fLl_'i_w_i _______ _
Ol'EUATING l'LAN
1) lntroductiou ......................................................................................................................................... 2
2) Management Responsibilities ............................................................................................................. 2
A) Concessioner ...................................................................................................................................... 2
B) Service ................................................................................................................................................ 2
3) Genentl opemtlng standards and rcquircmcnts ............................................................................... 2
A) Season and Hours ofOperation .......................................................................................................... 2
B) Ratcs ................................................................................................................................................... 3
D) Evaluations and Inspections ........................................................................................................... 3
E) Visitor Comments .............................................................................................................................. 4
F) Hlmurn Resources Managcmcnt.. ....................................................................................................... 4
0) Risk Management Program ............................................................................................................ 5
1-1) Environmental Management .......................................................................................................... 6
.1) En1crgcncy Services ........................................................................................................................... 6
M) Lost and Found ............................................................................................................................... 7
NJ General Policies .............................................................................................................................. 7
4) Specific Operating Stnndnnls and lkqnircmcnts ............................................................................. 7
A) Non-motorized f3oat Rental ............................................................................................................... 7
Bl Dry storage of non-motorized vchiclcs .............................................................................................. 8
C) Utilities ............................................................................................................................................... 8
D) Authorized Services ....... , ................................................................................................................ 8
5) Reporting ..................................................................................................................... 8
A) Concessioner Operational Reports ..................................................................................................... 8
TC-ROCR004-12
, ______ l_lx_h_i/_,;_1 1_1_: _______ ,_----
/'age A-2
1) Introduction
'J'hi0 ()pcrating Plan bct\vccn (hereinafter l'Cfcrl'cd to as the "Conccssioncr
11
) and the
National Park Service referred to as the '
1
Scrvicci
1
) describes specific operating
responsibilities of the Concessioner and the Service with regard to those lands and l'acilitics within Rock
Creek Park (hcrcinalle1 rcforrcd to as the "Arca") that arc a$signed to the Conccssionc1 t(H' the purposes
c:ontract, including its designatio11s and atncnd1ncntsi will prevail.
This plan will be 1cviewed annually by the Supcl'intendent in consultation with the Concessioner and
revised as determined necessary by the Sl1perintendent of the Area. Any revisions shall not be
inconsistent with the main body ofthL< Contrnct. Any revisions must be reasonable and in furtherance of
2) Management Responsibilities
A) Concessioner
Facilities and services required under the Contract:
matters within the Area: and,
(d) Has the responsibility for implementing the policies and directives of the Service.
(e) Will designate an assistant manager or an acting "manager on duty" when the on-site
B) Service
(a) Evaluation of Concessioner services and Concession Facilities and related operations:
(b) Review and approval of rates charged for all services:
3) Gonaral operating standards and requirements
September 30th. The Concessioner may close on Federal holidays. Any deviation from this
TC-ROCRi,_H_!4_"_12_, ________ 1_\.,_h_il_.>i_I 1_1_: ___________ l'_a"'-gc-' _A_-3
B) Rates
(1) Rote Determination. All rates and charges to the public by the Concessioner must comply
with the provisions of Section 3(e) of the Contract, including (without limitation) Section 3(e)'s
requirements regarding approval by the Service of the rates and charges set. The
determined, and until a different rate determination is specified by the Service, using
methodologies has the same meaning as that set in the most recent National Park
superseded throughout the term of this Operating Plan.
will be conducted in accordance with Service guidelines. Selection of comparables is the
gathering information and data pertinent to selection of the comparables.
the comparable inappropriate. Comparables will be reviewed upon each rate request
submission.
and provide information to substantiate the requested rates in sufficient detail for the Service
adjustment.
and services with respect to Service policy, applicable standards, authorized rates, safety,
public health, fire safety, impacts on cultural and natural resources, correction of op0rating
its Exhibits.
(a) Annual Overall Rating. The Service will determine and provide the Concessioner with an
(b) Contract Compliance R\;l(lOrt. The Contract Compliance Report and rating will consider
TC-ROCR004-12
li'xhibit A: _____ _
(e) Safety Inspections. The Concessioner must perform periodic interior and exterior safety
inspections of all Concession Facilities in accordance with its documented Risk
Management Plan. The Concessioner must ensure employee compliance with health,
fire, and safety code regulations as well as Service policy.
(f) Periodic Operational Evaluations. The Service will conduct both announced and
Concession Facilities to the established Maintenance Plan. The Concessioner must be
rnay accompany the evaluator.
(g) !;oncessioner Environmental Evaluations. The Concessioner must self-assess its
Section 6(b) of the Contract. The Service may conduct environmental audits of
(2) The Concessioner must be required to close all periodic evaluation audit findings. The
Environmental Audit Report.
E) Visitor Comments
services within 1 O business days of receipt. The Concessioner must provide a copy of the
safety of Area resources to the Superintendent immediately upon receipt.
Concessioner.
F) Human Resources Management
(1) Employee Identification and Appearance. The Concessioner must ensure that employees in
direct contact with the general public wear personal nametags. All employees must be neat
(2) Employee Conduct. The Concessioner must review the of any of its employees
Concessioner must take ell actions needed to fully correct any such situation. Concession
staff must avoid engaging in controversial topics with guests while on duty. Concessioner
expectation of employees should be clearly documented in writing.
titles, and contact information for all managers. This information will be provided to the
Service by April 1st and updated when necessary.
(a) Gen,,ral Manager. The General Manager will have an appropriate background as a
business of this size.
(b) Staffing Reguirements. The Concessioner must hire a sufficient number of employees to
ensure high-quality visitor services throughout the operating season.
E<hibil A: Operating Plan
schedules, holiday pay, overtime requirements, and any possibility that less-than-full"time
(d) !:}ackground Checks. The Concessioner must ensure that comprehensive background
include: wanted notices/warrants check: local criminal history checks: federal criminal
records check; national multi-jurisdictional database and sexual offender search; social
security nL1mber trace: and driving history check. No employee will be hired if they show
(e) Em.JJloyment of Service employees or their family members. The Concessioner may not
(f) Drug"free Awilreoess and Testing Program. The Concessioner must provide its
(5) Training
(i) Safety. The Concessioner must train its employees annually in its Risk Management
Program.
(ii) Environmental Training. The Concessioner must provide annual environmental
(iii) Job Training. Tho Concessioner must provide appropriate job training to each
(iv) Customer Service. The Concessioner must provide cL1stomer service and hospitality
(b) Inspections
(f) Training
TC-ROC/1004" 12
H) Environmental Managomont
(3) The Concessioner must maintain to date Best Management Procedures (BMP) on the
(5) The Concessioner is responsible for reporting any hazardous material spills to the Coast
(1) The Concessioner is responsible for securing buildings, equipment, and facilities under its
control, and for providing and maintaining fire extinguishers, smoke detectors, and other
(2) The Unit0d States Park Police (202 619-7300) are responsible for law enforcem0nt, public
other incidents to the United States Park Police dispatcher by calling (202) 619"7300.
agencies.
(3) Emergency Modica/ Care: The Service, in conjunction with cooperative arrangements
(4) The Concessioner must provide adequate training and certification to all appropriate stall to
(5) Human Illness Reporting. Any suspected outbreak of human illness, whether amongst
K) Public Relations
(1) Required Notices. The Concessioner must prominently post the following notice at all
'''l'his service is operated by ((:onccssioocr's na1nc), a undr:r contract with
the U.S. Government and administered by the National Park Scrvi<;.c. The Concessioner is
responsible for conducting these operations in a satisfactory manner. Pl'iccs arc approved
Superintendent
TC"IWCR004-12 ____ E_''.<_h_ih_it_A,: c,>,c'!raling !'Ian
Rock Creek Park
3545 Willinmsbu1g Lane, NW
Creek Park.
(4) Boat sales or brokering on Service properly is prohibited.
M) Lost and Found
be subsequently turned over to the United States Park Police District Sub-station (D"3) if not
N) General Policies
from the Service.
(2) Smoking Policy All buildings within the Concession Facilities are designated as non"
smoking.
A) Non-motorized Boat Rontal
from defects that could lead to visitor Injury, that there are no apparent leaks, and that the
boat is in a safe operating condition. Rental boats must be maintained to the manufacturers
(2) Rental Agreements. The Concessioner must execute written rental agreements, conforming
to applicable legal requirements, for each boat rental. The mntal form must be approved by
(3) Rental Registers. The Concessioner shall maintain accurate, up-to-date registers of boat
renters.
TC-IWC/1004-12 A: Operatini; ...... , ___________ 1_1_-8
rented. Instructions and information should include the boat and its equipment to include
approval number, and an appropriate size (within the weight range and chost sizes
marked on the PFDs). The Concessioner must remove from use PFDs that are badly
type and size.
use.
C) Utilities
expense.
The l'ollowing rcquirnments are l'or authorized services, if offered.
(1) Vending.
(b) Vending machines will be conveniently located, and ol' a design and color which
complements the aesthetics of the building and s1.1no1.1ndings. The Superintendent will
(d) Signage on the rnachinc rnay relate to Area resource education themes 01 will be generic
in nature.
(c) Beverage c.ontainer deposit/recycling information will be posted on the machine.
(t) Brnnd information will only be visible when at the machine.
(g) Machines will have passive i11frarcd sensors to power down lights when not in use to
conserve energy.
(2) Instruction
(a) Non-motorized vessel use instruction is an authorized service, ex. kayak, canoe, and
5) Reporting Requirements
TC-llOC/1004-12
.. Plan
J>age .A-9
(2) Oporationa/ and Financial Reports
of this Contract

Renters _______ _, __ , __ . ..------------
Number of Kayak Rentals
Number of Canoe Rentals
Number of Stm1d-u11 ...l.! .. ________ _
Gross Revenue
certifications.
(c) Any inspection reports conducted by outside agencies (i.e .. fire department. OSHA, etc.)
deposit made from tho preceding month. Reporting documentation will include a copy of
1'(\/WCR004-12 E . ~ h i h i t IJ: Nondiscrbninaliun Page /J .. /(I
~ ~ ~ ~ ~ ~ ~ ~ ~
EXHIBIT B
NONDISCRIMINATION
SEC. 1 REQUIREMENTS RELATING TO EMPLOYMENT AND SERVICE TO THE PUBLIC
(a) Employment
During the performance of this Contract the Concessioner agrees as follows;
employment, without regard to their race, color. religion, sex, age, national origin, or disabling condition.
transfer: recruitment or recruitment advertising: layoff or termination: rates of pay or other forms of
compensation: and selection for training, including apprenticeship. The Concessioner agrees to post in
to race, color. religion, sex, age, national origin, or disabling condition.
requirement.
1965, as amended by Executive Order No. 11375 of October 13, 1967, and of the rules, regulations. end
(6) The Concessioner Will furnish all information and reports required by Executive Order No. 11246 of
for purposes of investigation to ascertain compliance with such rules, regulations. and orders.
(7) In the event of the Concessioner's noncompliance with the nondiscrimination cla_uses of this Contract
Secretary of Labor. or as otherwise provided by law.
__ l_.<'._d_1i_l,,_1_1J_:_N_o_n_d_i.1_c_ri_11_1in_c_11_;,_m_. _________ . ~ ' . , ' " IJ:lj_
purchase order unless exempted by rl1les, regulations, or orders of the Secretary of Labor issued
The preceding provisions a(1) through a(S) governing performance of work under this Contract, as set out
(c) Facilities
contractors, and the successors in interest of the Concessioner;
persons in determining what is reasonable and feasible.
J(1:hibit Jl: Nonr.lisc:ritninotion
!'age 11-J.l
or service;
(3) Provide a qualified handicapped person with an aid, benefit, or service that is not as effective as that
provided to others:
benefits, or services that are as effective as those provided to others;
any aid, benefit. or service to beneficiaries of the recipient's program;
advisory boards; or
(b) Existing Facilities
entirety, is readily accessible to and usable by handicapped persons. This paragraph does not require a
_7_'(_:'._R_O_C_ll_O_O,_J._I_2 _____ Real l'ropeny
Land Assigned
EXHIBIT C
Page (\13
TC-ROCR004-l 2
Boat
Storage
Locution
Exhibit C: Asslgncd land & Raal Property
F.ntrancc Gate
Fenceli ne
Parking Lot
Potomac River
Boat
Storage
Location
Paga C-14
District of
Columblo
Real Property Improvements Ass;gned
Bulkhead" Deck
Approved, effective ______ , 20 __
B y ~ ~ ~
Jonathan B. Jarvis
1'C-ROCIW04-12 E:'(hibit !): Assigned (Tov 't Personal I'roper/JJ !'age D-16
EXHIBIT D
Government personal property is assigned to the Concessioner for the p ~ i r p o s s of this Contract as
follows:
None.
Approved, effective------' 20 __
By:-------------
Jonathan B. Jarvis
Zf,'.,LIOCJW04-12 .C:Q!.:tlt\ll'I E\.'.hfhit E': ./l.1ainlenan,.f J>/on ,,,,,,l'.m:Ld foh/e o(Conlent.1
Table of Contents
lNTUODUCTION ...................................................................................................................................... l
l'ARI' A- GRNKRAL ................................................................................................................................ l
I) General Concession Facilities Srnndal'ds ........................................................................................................ I
2) Definitions ...................................................................................................................................................... 1
3) Concessioncl' Responsibilities ....................................................................................................................... .3
A) In General .................................................................................................................................................. .3
B) Envil'onmental, Histol'ic, and Cultural Compliance .................................................................................. .4
5) Conccssionel' Inspections ............................................................................................................................... 4
6) Annl1al Concessioner Maintenance l'lan (ACMP) ........................................................................................ .4
A) Maintenance Action lnformation ................................................................................................................ 4
B) Projected Maintenance Expenditures ......................................................................................................... 5
S) Personal Property Rcport ................................................................................................................................ 5
9) Se1vicc Responsibilitics .................................................................................................................................. 5
A) Service lnspections ..................................................................................................................................... 6
B) Evaluation of Concessioner Maintenancc ................................................................................................... 6
__
INTRODUCTION
(.'on t' __!y_to in I en tl!1(.' e J) I
EXHIBIT E
MAINTENANCE PLAN
PART A GENERAL
Pursuant to the Contnict, the Concessioner is solely responsible for the Maintenance of all Concession Facilities
to the satisfaction of the Service. Compliance with the terms of this Maintenance Plan is required for this purpose.
include, but arc not limited to Service standards, Department of the Interior and National Park Service Asset
Managc1nent Plans, NPS Managcrncnt 111anufactu1cr 1ccon11nendntions nnd specifications and those
otherwise defined in the Contract.
2) Definitions
In addition to the defined terms contained or reforenccd in the Contract, the following definitions apply to this
Maintenance Plan.
physical structure or grouping of structures, land features, or other tangible property that has a specific service or
function such as an office building, lodgs, motel, cabin, residence, campground, marina, etc.
rehabilitation of windows and/or replacement of windows and doors. Component Renewal/Replacement includes
!'age E'-.112
Concession Facilities - Concession Facilities, as defined in the main body of the Contract. are all Area lands
accumulate lincorrected, lead to deterioration of performance, loss of Asset value, or both.
Environmentally Preferable - Products or services that have a lesser or reduced effect on human health and the
may consider raw materials acquisition, productions, manufacturing, packaging, distributions, rel1se, operations,
environmental impacts of the product's manufactlire, product toxicity, and product recycled content including post
recyclability and biodegradability. These include those products for which standards have been established for
operational needs of Concession Facilities. Typical work performed linder Facility Operations includes janitorial
technically possible, economically reasonable, appropriate tor the location and the use identified, and consistent
C.F.R. pt. 261, 29 C.F.R. 1910.1200, or 40 C.F.R. pt. 171, respectively.
Hazardous Waste" Any waste defined as such under 40 CFR 261 - 265.
Maintenance - The maintenance of Concession Facilities as described in this Maintenance Plan. Maintenance
includes, but is not limited to, actions taken under the following maintenance categories: Component
Renewal/Replacement: Recurring Maintenance; Facility Operations; Preventive Maintenance; and Repair.
Personal Property - Manufactured items of independent form and utility including eql1ipment and objects solely
quarterly, semi"annually, or annually on selected Assets or Components, typically including, but not limited to,
Recurring Maintenance - Planned work activities that rsoccur on a periodic cycle of greater than one year to
and motor replacement. cleaning, repair and replacement of lighting, engine overhaul, replacement of carpeting,
Repair -Work undertaken to restore damaged or worn out Assets or Components to a fully functional operating
condition.
bit E: Main I""'"'''" {'.!fin
Plan, does not include sewage, septic sludge, hazardous waste, waste and miscellaneous maintenance
wastes such as used oil, tires and lead-acid batteri0s.
integrity, thus improving lhe environment, the economy and society.
Universal Waste - Any waste as defined under 40 CFR 273. These include but are not limited to mercury-
Waste Prevention - Any change in the design, manufacturing, purchase, or use of materials or products
J) Concessioner Responsibilities
A) In General
Setvice, including, without limitation, compliance with the requirements of this Maintenance Plan.
2) All Maintenance must be undertaken in accordance with Applicable Laws, inch1ding without limitation,
appropriate skills, experience, licenses and certifications to conduct such work
3) The Concessioner, where applicable, must submit project plans to the Service that are slwnped by a
Professional Engineer or Registered Architect licensed in tho applicable State.
4) The Concessioner; whore applicable, must obtain the appropriate permits required by State or local
law, U.S. Environmental Protection Agoncy, and other regulatory agencies and provide copies of Ifie
pe1mits to the Setvice.
5) The Concessioner must conduct Maintenance activities in a manner that, to extant feasible,
and reduction, sustainable design and sustainable practices/principles and incorporates best
6) The Concessioner must comply with the Americans with Disabilities Act and 1/10 Arcliitoctural Barriers
7) The Concessioner will not construct or install Capital Improvements.
B) The Concessioner may perform emergency repairs without prior Setvioe approval as long as
appropriate documentation follows within one business day
TC-ROCR004-1 2__,... .. ........... -. -... --
2) The Service in cooperation with the Concessioner will determi110 what environmental compliance with
3) Any proposed Maintenance actions that require review under these procedures must be submitted to
4) The Concessioner may be r e q ~ i r e d to prepare an environmental assessment, environmental impact
5) Concessioner Inspections
6) Annual Concessioner Maintenance Plan !ACMPl.
Annual Concessioner Maintenance Plan tor the next calendar year applicable to all Concession Facilities. The
year_ The ACMP must include the following information.
1) Preventive Maintenance (PM). The proposed ACMP must include PM actions, procedures and
but not limited to, roofs, building envelopes, and mechanical equipment.
6) A description of the Deferred Maintenance (and any Deficiencies) that are to be cured under
Maintenance during tho next calendar year.
ACMP, including, without limitation, a breakout of labor, materials, contracted services, and indirect costs on
7) Annual Concessioner Maintenance Reporting IACMRl
The Concessioner must provide tho Service with an Annual Maintenance Report that covers all Concession
A) Maintenance Actions,
category that were completed in the previous calendar year, including, without limitation, actions to cure
repair for the next calendar year annually by October 1 for review and approval of the Service. The
of replacement
Nothing in this Maintenance Plan will be construed as requiring the Service to conduct Maintenance of
Part B of this Maintenance Plan may describe certain Service responsibilities for particular elements of
B) Evaluation of Concessioner Maintonance
The Service will provide tho Concessioner with an annual evakration of Concession Facilities. The
Condition Standards during facility inspection. The evaluation wlll be provided to the Concessioner as a
---------- .. CW!!.!:i!i!Ll\;xblbit E: Mainlenam:e Plan ................
l'nrt H Table of Contcuts
PART B-SERVICE REQuurno CONCl<:SSIONER RESl'ONSIHILITU:S .................................... l
I) Concessioner Responsibilities .................................................................................................................... 1
2) Service Responsibilitics .............................................................................................................................. 2
3) Reporting Requircmcnts ..................................................................................................... -....................... 2
l) Concessioner Responsibilities
B) Office Structure
(3) The Concessioner must maintain and repair its personal pmperty structure in good condition inoh1ding
all interior end exterior surfaces. Unless requimct more frequently per the manufoctwer's
recommendations, the structum must be painted or steined on a regular cycle of three years, unless
written Service approval is given to postpone the 11ctivity. T/Je Concessoner must obtain prior written
approve/ from the Service for any changes to interior and exterior finishes from the color range or
types of materials currently in use on the structure.
( 4) The Concessioner must provide and maintain in a service11b/e condition all interior safety equipment,
such as smoke detectors, fire extinguishers, and other appurtenances as necessary for l/ie protection
of the public and the Concession Facilities.
(1) The Concessioner must keep all grounds withi/1 the Concession Facilities well maintained, properly
illuminated, uncluttered, and free of litter and debris. Vegetation - The Concessioner must perform all
ferll1izo1; pesticides, or herbicides prior to use.
(2) Landscaping Changes - T/Je Concessioner must request prior written approval from tho Service for
any proposed landscaping work that will change, a/101; or modify the grounds .
(1) Tho Concessioner must maintain all walkways within the Concession Facilities in good condition.
(2) The Concessioner must keep all roads, parking areas, and waJkwa ys wit/Jin tho Concession Facilities
in good condition including sweeping, , erosion control, and snow removal (tile latter only if snow
occurs during Concessioner's operating season) .. All walking surfaces, including ro!lds and parking
areas, must be clean and swept free of debris, obstacles, or other hazards.
(1) The Concessioner must maintain the dock surface, flotation, and ramps in good repair, level, properly
positioned, and secured. Docks must be sturdy, free of large cracks, uneven or broken pl<1r1ks, etc.
The Concession must maintain the railings in good repair and stwdy enough to support visitor use.
F) Signs
identifying the location of functions (when attached to Concession Facilities or on grounds assigned
Concessioner's rules or policies.
(2) The Concessioner must ensure signage is Dppropriate/y located, <iccurate, attractive and well
maintained. T/Je Concessioner must replace any signs tlmt /Jave been defaced or removed within
seven days. Signs that address a life safety issue must be replaced immediately with ll professiotJa/
(3) The Concessioner must ensure that its signs comply with Service sign standards including but, not
limited to, Director's Order 52, P<irk Sigmige. The CotJcessioner must wbmit plans for al/ new sign
instal/etions to the Service for approval before installetion. The Conc0ssioner must not use
handwritten or typed signs within Concession Facilities without written Service approve/.
G) Utilities
Electrical: The Concessioner must maintain all e/ect1ica/ Jines and equiprnent and all fixtures, including
stmet lamps, within the Concession Facilities. The Concessioner must ensure that ell electrical
'f '('. RQCRQ(JJ,f2 ________ _,Con_fJXJ2-! E\l!illiL./L_IJ:fi'JJJ!.f.!lf.1nce l' Ian
(1) The Se/Vice trims trees and removes IJBzardous trees.
I) Signs
(1) The Se1Vice provides and maintains regulatory, traffic control, or information signs that se1Ve the
intorost of the Se1Vice; exwnpfes include information signs along roadways, diroctiona/ signs 8/ong
The following chart summarizes the plan and reporting dates established by Parts A, B and C of this
Maintenance Plan.
...
r--------'-""''"'""'''"""'"''"" _________ _ .......... -.. ---.. -----+--------!
Part A - Annual Concessioner Maintenance Plan (ACM!') Annual October I
______________ , ..... .......... -------+----------!
Part A - Annual Concessioner Maintenance Reporting (ACMR) Annual Pcbr11<uy I
r-----------------------------
Personal Property Report Annual October I
:t:C:BJJC !W04- l 2
PART C - CONCESSIONER ENVIRONMENTAL RESPONSIBILITIES ............................................................... 1
1) General ........................................................................................................................................................... 1
2) Air Quality ....................................................................................................................................................... 1
3) Environmentally Preferable Materials and Equipment.. ................................................................ 1
4) Haiardous Substances .................................................................................................................................... 1
5) Hazardous, Universal and Other Miscellaneous Maintenance Wastes ......................................................... 1
6) Pest Management .......................................................................................................................................... 2
7) Solid Waste ..................................................................................................................................................... 2
8) Water and Energy Efficiency ........................................................................................................................... 3
9) Wastewater ............ , ....................................................................................................................................... 3
;rC-ROCROQ'!cIL .. _____ <::.!.!!!Jtll9Ui:xh_ibit E: .MainlenO!Jf''.J'!;m
PART C - CONCESSIONER ENVIRONMENTAL RESPONSIBILITIES
1) Genoral
The following Conrnssioner environmental responsibilities are specified for Maintenance.
identified in this part.
2) Air Quality
B) The Concessioner must not use halon fire suppression systems except as permitted by the Service.
3) Environmentally Preferable Products. Materials and Eq11ipment
equipment include but are not limited to re-refined oils, re-tread tires, bio-based lubricants, low-toxicity
cleaners and chemical additives for toilets, low-toxicity and recycled antifreeze, sale alternatives to
ozone"depleting substances for HVAC equipment, construction and building materials with recycled
U) The Concessioner must use polystyrene as little as possible and may not use polystyrene that contains
4) Hazardous Substances
ll) The Concessioner must provide secondary containment for Hazardous Substances storage where there
secondary containment for Hazardous Substances located in outside storage areas, in interior storage
accordance with Section 6(d)(1) of the Contract by March 1. The inventory must identify each substance,
5) Haxardous, Universal and Other Miscellaneous Maintenance Wastes
miscellaneous maintenance waste where feasible.
D) The Concessioner must recycle Hazardous Waste, Universal Waste, and miscellaneous maintenance
D) If the Concessioner is a conditionally exempt small quantity generator (CESOG) as defined in federal
storage, accumulation times. use of designated disposal facilities, contingency planning, training, and
recordkeeping.
IC) The Concessioner must manage Universal Waste (i.e., storage, labeling, employee training, and
disposal) in accordance with federal Universal Waste regulations irrespective of Hazardous Waste
generator status.
6) Past Management
Pest Management (IPM) procedures contained in NPS 77 and the Park IPM Plan. These procedures include
7) Solid Waste
Litter Abatement
litter free messages on appropriate materials and in appropriate locations.
Solid Waste generated by the visiting public at its facilities
adequately bagged, tied and stored in sealed containers.
transfer station.
(1) The Concessioner must locate its Solid Waste containers (i.e., cans, "roll-off" containers/dumpsters,
(2) Outdoor receptacles must be waterproof, vermin-proof, and covered with working lids. Indoor
Solid Waste Source Reduction and Recycling
J'C-ROCl!Of!'f_:!A.
the collection Of the materials must not present public health, safety or environmental concerns.
Opportunities include the reuse of retail product packaging,
large items such as computers and other electronics, white goods and othsr bulky items and others.
employees.
(5) Recycling containers must be waterproof, vermin"proof and covered with working lids as necessary to
maintain the quality of the recyclables for market and to prsvent vermin from being attracted to the
deposited and to minimize contamination in recycling containers.
Composting
B) Watf;lr and Energy Efficiency
integrate water"conserving and energy conserving measures whenever feasible.
IJ) In addition to meeting standards established in accordance with Applicable Laws, Concession Facilities
C) As new technologies are developed, the Concessioner must assess these opportunities and integrate
them into existing operations where feasible and there is the potential for increased efficiency, reduced
9) Wastewater
ll) The Concessioner must prevent discharges to the sanitary sewer system that could result in pass through
D) The Concessioner must minimize the storage of and materials on the Assigned Facilities in a
EXHIBIT F
The Concessioner shall obtain and maintain during the entire term of this Contract, at its sole cost and
advance notice of cancellation in coverage or policy terms for all property insurance. Concessioners
m ~ s t provide the Service with a 30-day notice of cancellation on all liability and workers' compensation
insurance policies.
The amounts of insurance, limits of liability, and coverage terms included are not intended as a limitation
as explained below.
(a) Commercial General Liability
General Aggregate
Per Occurrence
Medical Payments
$2,000,000
$2,000,000
$1,000,000
$1,000,000
$5,000
$5,000
TC-ROCR004-12 f.x/Jibit F: lnswance Page F-5

vapor, or soot, or other contaminants arising from equipment to heat the building or from a
hostile fire.
completed operations. Garagekeepers' liability is to be included on a "direct" basis for all Concessioner
owned autos, coverage will be provided for "hired" and "non-owned" "Symbols 8 & 9."
beverage.
Aggregate Limit
$
$
any watercraft.
marina, and tower's liability shall be maintained at the same Each Occurrence Limit if the Concessioner
(f) Aircraft Liability (not applicable)
The Concessioner must provide coverage for bodily injury (including passengers) and property damage
Each Person Limit
Each Accident Limit
$
$
$
Concessioner maintains landing facilities for use by third parties. Hangerkeeper's liability shall be
maintained at a limit to cover the maximum estimated value of non-owned aircraft in the
TC-ROCR004-12 Exhibit F: lnsuronoe

Page F-6
automobil<0s.
If owned vehicles are involved, liability coverage should be applicable to "any auto" ("Symbol 21"),
maintained.
maintained, the Concessioner will provide coverage for bodily injury, property damage, personal injury, or
advertising injury liability in excess of scheduled underlying insurance. In coverage must be at
(i) Care, Custody and Control--Legal Liability, I.e. Innkeeper's Liability (not applicable)
Any one Guest
Any One Loss
$
$
U) Professional Liability, e.g. doctors, barbers and hairdressers (not applicable)
Aggregate Limit
$
$
TC-ROCR004-12 Exhibit F: lnsumnce

The Concessioner will provide coverag0 for bodily injury and property damage arising out of pollutants or
Aggregate Limit
$
$
The General Aggregat0 under the Commercial General Liability policy must apply on a "per location"
(rn) Deductibles/Self-Insured Retentions
If the Concessioner's operations include use of watercraft on navigable waters, a maritime coverage
SEC. 3. PROPERTY INSURANCE
(a) Buildlng(s) and Contents Coverage
Amount of (buildings): Full replacement value as listed in Exhibit C without deduction.
(1) Insurance shall cover buildings, structures, improvements & betterments, and contents for all
(2) Coverage sball apply on an "All Risks" or "Special Coverage" basis and shall include coverage for
earthquake damage.
the insured property. The Concessioner must insure inventory for 100% of the replacement cost
of the products held for sale.

(8) Flood Coverage (if applicable) must be maintained at least at the maximum limit available in the
is less.
(9) Earthquake Coverage (if applicabl0) must be maintained at the maximum limit available not to
with a limit of not less than 20% of the building replacement costs listed in E:xhibit C, each for the
(5) If insurance is written with a different insurer than the Building(s) and Contents insurance, both
(6) Ordinance or law, demolition, and increased cost of coverage shall be maintained.
(4) Coverage shall be maintained while covered property is in transit or away from the insured's
premises.
such property is at tho project site, at temporary off-site storage, and while in transit. Coverage
TC"ROCR004" 12 E'x/Jibit F: Insurance Page F"9
(4) The amount of insurance should represent no less than 100% of the Replacement of the
Business insurance and extra expense insurance covers the loss of income and
Anticipated annual gross revenue from operations $=-------,
Less non"continuing expenses ($ _____ _
Annual Total $
-------
Divided by 12 $ _____ _
Times the number of months estimated to rebuild or repair $
(f) Deductibles
(2) Extra Expense deductibles (when coverage is not combined with Business Interruption) shall not
exceed $50,000.
"In accordance with Concession Contract No. -dated_, between the United States of America
insured under this policy is to be disbursed directly to the Concessioner Without requiring
TC-ROCR004- 12 Exhibit F: Insurance
~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ .
insurance requirements stated in the Contract including this Exhibit (for Commercial General Liability,
Automobile Liability, Workers' Compensation and, ii professional services are involved, Professional
Liability), Except for workers' compensation insurance, the interests of the Concessioner and the United
SEC. 5. INSURANCE COMPANY MINIMUM STANDARDS
All insurance companies providing the above described insurance coverages must moet the minimum
requirements applicable to the vendor's own insurance.
identification of the coverages, limits, and coverage amendments that are described above. In addition,
("AMB#"). The name, address, and telephona number of the issuing insurance agent or broker must be
information.
In addition to providing certificates of insurance, the Concessioner, upon written request of the Director,
shall provide the Director with a complete copy of any of the insurance policies (and all endorsements
thereto) required herein to be maintained by the Contract including this Exhibit.
the insurance covsrage represented therein complies with the provisions of the Contract, including this
Exhibit.
In the event that a statutorily required limit exceeds a limit required herein, the Concessioner must
herein apply.
7'C-ROCR004"i 2 /l;,xhibil (I: T'ran8ilion
EXHIBITG
TllANSITION TO A NKW CONCESSIONKR
SEC 1. GENERAL
'l"'he [)irector and the Concessioner hereby agree that, in the event of the expiration or tcrn1ination of this
Contract for any reason
1
-rcrrninationi
1
fo1- purposes of this 'Exhibit) and the (;onccssioncr is
not to continue the operations authorized under this Contract ntlcr the Termination Date, the Director nnd
the Concessioner in good faith will fully cooperate with one anothc1 and with the new concessioner or
conccssioncrs selected by the [)irccto1 to continue .such ("New Concessioner'
1
f<)r purposes of
this exhibit), to achieve an orderly transition of operations in order to avoid disruption of services to Area
visitors and 111ini1nize transition expenses.
At such time as the Director may notify the Concessioner that it will not continue its operalions upon the
'fer1nination of this Contract, the Concessioner, notwithstanding such notification, shall undertake the
following tasks.
(11) Continue Operations
Contract in the ordinary course ol' business and endeavor to meet the same standards ofsc1viee and
quality that were being provided previo(1sly with a view to maintaining customer satisfaction.
(b) Continue Hoollings
(I) The Concessioner shall continue to accept all future bookings for any hotel, lodging facilities, or other
thcilities and fbr which advance are taken. 'f'he shall not divert any
bookings to other tlicilities 1nanaged or owned by the Concessioner or any affiliate of the Concessioner.
The Concessioner shall noti(y all guests with bookings for any period afrer the Termination Date that the
(2) Promptly following notification to the Concessioner by the Director ofthc selection of the New
Concessioner, the Concessioner shall provide tho New Concessioner with a copy ofConccssioner's
frequently than 30 days) until the Termination Date. The reservation log shall include, without limitation,
the narnc or each guesti and the guest\s address, contact infornHltion, dates of stay i 1ate quoted, an1ount of
advance deposit received, and confirmation numbc1", if applicable.
(c) Designnting a Point of Contact and Other Actions
(I) rhe Concessioner shall designate one of the Concessioner's executives as the point of contact fol'
co1n1nunications between the and the New Concessioner.
including "back-of'...house areas." 'J'he (:oncessioner also shall provide the New Concessioner copies of
the keys to all Conc,ession Facilities.
records, licenses, and all other materials pertaining to all Concession Faciliti(:S and the Concessioner's
TC-!WCR004-l 2 , _______ E_xl_u_'b_il_C_l: 71-im,_s_il_ir_m ____________ {'age G"2
(4) The Concessioner shall provide the Director and the New Concessioner with copies ol'all maintenance
ag10cn1cnts, cquip1nent leases (including shortm\\lavc radio); se1vicc contracts, and supply contracts,
including contracts for on-order merchandise (col lectivcly "contn1cts"), and copies or al I I iquor 1 iccnscs
and other licenses <ind permits (collectively "licenses").
conccssionc1
1
s salaried and hourly c111ployee:!\ including seasonal ernployees, through a coordinated
(6) 'fhc c:onccssioncr shall not enter into any contracts 01 ag1cc1ncnts that would be binding on any
F-'acilitics or concession operations in general afler the 'f'ern1ination [)ate without t.hc prior
written a.grce1nent of the New
(cl) Financial Hcpol'ts
Within 30 days atler receipt of the notification of the selection of the New Concessioner, the
Concessioner shall provide the New Concessioner with a financial report with respect to the operation of
the Concession Facilities and the Concessioner's opcrntions in general as of the last (by of the month
rrior to receipt of such notificlllion. The Concessioner, thercaller, shall update such financial report on a
periodic basis (but no less frequently than JO days) until the Termination Date. Such financial report shall
includt,\ at a 1ninin1un\: a balance sheet for the Concession Faciliticsi if any; a schedule of pending
The Concessioner shall provide the New Concessioner with a complete, detailed, and wellorganized list
connection with its operations under tho Contract (including a list of such ikms that are on order). The
Concessioner must provide the list to the New Concessioner within 30 days following receipt oftlw
notification of the selection of the New Concessioner. The Concessioner, thercaller, shall update the list
on a 1nonthly basis. '!"he c:oncessioncr shall designate those ite1ns that the c:onccssioncr believes are
essential to n1aintaining thQ continuity of or the special charnctcr of the conce.C\sion operations.
(I) Other Information and Hcports
Concessioner's operations for the period of one year prior to noti lkai:ion of the selection of the New
c:onccssioncr: including gas and electric; telephone service; water service; and specific opening
and closing procedures. The Concessioner must provide all such information within 30 days aller receipt
less frequently than 30 days) until the Termination Date,
The Concessioner slwll provide the Director and the New Concessioner with such other cooperation as
E:r:hibil (l; J'ronsilion
SEC. 3. COOPERATION UPON TIIE TERMINATION DATE
Upon the Termination Date, the Concessioner shall undertake the ti.>llowing activities.
(a) Trnnsfer of Cont mets and Licenses
The Concessioner shall cooperate with the tnlllsl'er or '1ssignment of '111 contr;tcts ;llld licenses entered into
(b) Reservation Systems
The Concessioner sh;ill cooper;1te with the transfer of reservation information by:
Date;
(ii) Disconnecting its operations from the Concessioner's centralized reservation system, if any;
and
(iii) Assisting the New Conccssionc1 in transitioning to the New Conccssioncr's rese1vation system.
(c) Fees and Payments
No later than 10 days allcr the Tcnnination Date, the Concessioner shall provide the OireetOI' with an
itemized statement ol' al I foes and payments due to the Director under the terms of' the Contract as of the
Termination Date, including, without limitntion, all dcforrcd, accrncd, and unpaid fees and charges. The
Concessioner, within I 0 days of its delivery to the Director of this itemized statement, shal I pay such foes
and payments to the Direct.or. The Concessioner and the Director acknowledge that adjustments may be
required becnuse of infonnation that was not available at the ti1ne of the state1nent.
(d) Access to llecords
"fhe Concessioner shall 111ake available to the Director fbr the Director's collection, retention
1
and use,
copies of all books, records, licenses, perinits .. and other infonnation in the Concessioner's possession or
control that in the opinion of the Dirnctor arc related to or necessary for orderly and continued operations
ol'thc related facilities and services, notwithstanding llllY othe1 p1ovision of this Contract to the contrary.
(c) Removal of Marks
The Concessioner shall remove (with no compensation to Concessioner) all items of inventory and
days atlcr Termination.
(I) Other Cooperation
The Concessioner shnll provide the ffacetor and the New Concessioner with such other cooperation as
aggregate.
Service in 1999.
concessioner.
TC-ROCR004-12 Question isi!on and Start-Up
Company Name (lnsert Respondenfs Name)
CONCID {Specify TC-ROCR004-12)
Acq:uisition and Start-Up Cos!s -------
All amounts should be stated in 2012 doifars.. All items must foot to Statement of Cash FkJ'l'IS.
Cotumn A Column B
PERSONAL PROPERTY INVESTMENTS Existing
Boats (kayaks -single a11d double, canoes, stall'dup- p.;; S s
furniture, Fixtures, and Equip,"l1ent
other (specify)
T o!al Persona! Property
Other (specify)
Real Property
"i/'.rORKI NG CAPITAL (i)
;s
---- ,-c---')',
T otat i/Vor':...;:i11g Capilal
other (specify)
TOTAL I
s s
s $
s s
$ $
$ s
Ii Ii
$ s
S IS
New
{Lease,
------
1. State on r,r the amount needed to o:immence operations. Sil""' subsequent changes on S!atement of Gash F!""'s-
Sum of Column A arid B
I
Tota!
s
s
s
s
s
$
Ii
2. State clearfy the basts for your estimate_ You may do so in this spreadsheet, Of on a separate sheet should y.ou need more space.
Page i of6
I Basis of {2)
I
l
I
I
I I
TC-ROCR004-12
Company Name (tnsert Respondent's Na me)
CONCiD (Specify TC-ROCR004-12)
1 2 3
IOi>eratiri91\Ss<Jrni>tiOiis'J' l 2011 2012< 2013 2014 I
Revenue I nfiation
Expense lnflation
Rental and Storage Fa res
Re11eriue
1. If you use assumptions other than tliose I isted he re, clearly shm" all assum ptfons used in developlng revenue e:
Page 2 oi6
Question .Assumptions
TC-ROCR004-12
Company Name
CONCID
I income Statement
GROSS REVENUE
121
Fares
DIRECT EXPENSES
Salaries and Wages
Operating Supplies
Other Expenses
Total VTS Expenses
Energy & Utilities
Management Fee
Other (describe)
FIXED CHARGES
Insurance
1
'>
Other Fixed
Total Fixed Char es
Interest Expense
Depreciation
Amortization
1\lt::.1 t-""'urll i.:.
1
'"''"" IAAt:i:i
Income Tax
NEr INCOME
Gross Revenue
Basis of Estimate Ill
Note
( 1)
(1)
(1)
(1)
(1)
(1)
(1)
(1)
( 1)
(1)
(1)
(1)
(1)
(1)
(1)
(1)
( 1)
(1)
(1)
(1)
(1)
(1)
From above
(1\
Page 3 ot 6
2 3
2011 2012 2013 2014
CON CID Specify TCROCR00412
2 3
!income Statement Basis of Estimate /I)
2011 2012 2013 2014
Notes
Revenue does not equal Gross Receipts. Gross Receipts is defined in the Draft Contract.
Page 4 of 6
TC-ROCR004-12
Company Name {Insert Respondenfs Name)
CO NC ID Specify T C-R 0 C R004-12
I Statement of Cash Flows m HT Basis of Es ti a e ~
1
i ______ _J
0 peratin g Activities
Net Income
Adjustment to Reconcile Cash Flow
Ga i ri/Loss on Sale of Fixed Assets
Change in Working Ca pita I
Other
Net Cash Provided by 0 peraiing Activities
Fi nan ci ng Activities
Dividend
Proceeds from Loans
Repayment of Loans
Interest
Principle
Other (describe)
Investment Activities
In iii al Purchase of Assets
Condition F aci I ity Improvement Program
Purchases of Assets over the term oi the contract
Net cash used in i nves!i ng activities
Total Cash Flow
Notes
I From tl1 e Income Statement I
From the Income Statement
(1)
(1)
(1)
,------(fj ....... ...... .. ... I
I (1l
(1)
(1)
(1)
From acquisition and start-up ta b!e
(1)
(1)
(1)
Question Cash Flow
1 2 3
1. Slate cl early the basis for your estimate. You may do so in th is spread sheet, or on a separate sheet shou Id you need more space.
Page 5of6
TC-ROCR004-12
Pro"Vf.;je the additional wori::sheets, .and link as appropriate to the Statement of Cash Fla.vs, lnrome SE:atement
and u isition arid Start-up Costs Sciiedule
1 Payroll and Si:affing
2 .Ad mf r::isLatio 11 and General
3 Depreciation .and AJnor-Jzation Schedule
4 Expense assumptions
5 ng Capital .Assumptfons
Page 60!6
Question Additia n:al Worksheets
Providing
In
Rock Creek Park
1
Concession Contract TC-ROG R004-12.
concessioner.
Submitter.
Information Act, you !!).!!fil mark the cover page of the response with the following legend:
2
You must specifically identify the information you consider to be trade secret information
law.
OPERATING HOURS
Office Hours:
9:00 a.m. - 5:00 p.m. Daily
Boat Rental:
9:00 a.m. - 5:00 p.m. Daily
Storage:
Year round service
3
I Estimated Use j 2011
... .. .. .... ................

Kayaks (single and double 175 1 O
canoes, etc.,,

[
--------------I------- Rates: Boat Storage Monthly

Approx. 11 O spaces $50.00
(11 racks; 1 O boats a rack)
-
.... -
Rates: Boat Rentals Individual (max rental 3 hours)

Adult $14,00
Children (7-12) $7.00
------.. ---"'''"""'"""'"'
Children (0-6) FREE
.. .. ........... ..
--
.
warrant and assumes no liability for the accmacy of projections or estimates contained in
this RFQ.
4
The Service must receive yollr response by 4:00 p.m. EST on February 6, 2013
addressed to:
Steve LeBel
Information Sought
Personnel;
Financial capacity;
5

N
T
ame of Individual and
rade Name, if any
A ddress

elephone Number T
F
------- -'""'-"""""'"
.........
ax Number
E mail Address
--
on tact Person c
th an the Offeror)
M"""
T ax ID Number
=.,,,.. .._,
(if
ars in business
--
other
of the
me type as the required
c
B
R
c
rvices
--
urrent Value of
usiness
ole in Providing
oncession Service(s)

-- -------'-'""'""'w'" ""'"'"""""""-----------!
--
---------------- ''"'"""'""'"'"'"'"'""""""""""

,_=Mm""'""'-..
'
If the sole proprietorship acts under a name other than that of its owner (Le., does
is registered, if any,
6
entities.
ame of Entity
ta de
"'"""
N
T.
A ddress
- -----'""'"'""
Te
Fa
E
c
T
lephone Number
"""M"'"
x Number
..
mail Address
... .-m
ontact Person
.....
itle
__ ,,..,,,,,, ..
xlD Number

Ta
St
D
ate of Formation
,,,,. ....
ate of Formation
'"'""

anc
----
""'M"'"'""
------
..
-----' '"'"'---- ----

..M_,_,
..
.,m,_
- '"""-- --'"'"""'"

..

OWNERSHIP NUMBER AND TYPE OF CURRENT VALUE OF
--,-,------' ....... - ........ -+----
Names and Addresses of
business
Total lnterests_,_O_u_ts_ta_n_d-in-g
and
Type(s)
SHARES OR INVESTMENT
OFFICERS AND __ . . ADDRESS
,.,........ . .. ..,. ____ _
DIRECTORS OR
GENERAL PARTNERS OR
MANAGING MEMBERS OR
VENTURERS
TITLE AND/OR
AFFILIATION
7
EXPERIENCE
10. Any other information relevant to the experience of the Submitter relative to
* In this context, submitter includes all parent entities, subsidiaries, or related entities
PERSONNEL
8
Minimum Qualification Information
Relevant Experience
,,.,,...----------""""""""" -
........
General Manager
.. ,. .... .,
Mana .. ..,,,;;_er'----'------- -----
Minimum
Qualifications
----''"""'""""-
Certifications (If
Applicable)
Contract.
FINANCIAL CAPACITY
company?
LI YES LI NO
and/or work-out/loan modification transactions during the past 5 years. (If none, then so
appropriate.
9
following:
to the RFQ:
10
ColL1mns should not be deleted and formulas must not be changed; however, columns
you wish to provide additional information, do so in additional spreadsheets, outside of the
ones provided. If additional information is provided, clearly identify how it fits into the
income statement, cash flow, and/or assumption tables For the purpose of the proforma
PERSONAL PROPERTY NEEDED FOR THE OPERATIONS
Contract.
ABILITY TO MOBILIZE TO COMMENCE OPERATIONS
Using not more than 5 pages (8.5x11; 1 inch margins; 10 point or larger font), describe
response.
11
Name of Entity: ------------------------
By ______________ _
Date--------------
Original Signature
Title
Address
CERTIFICATE OF INDIVIDUAL/SOLE PROPRIETORSHIP
By _____________ _
Date-----------------
Original Signature
Title
Address
12
1/2114 DEPARTMENT OF THE INTERIOR Mail Re: FW: M--Non-motorized Boat RentaJ and Storage- Federal Business Opportunities: Opportunities
Re: FW: M--Non-motorized Boat Rental and Storage - Federal Business
Opportunities: Opportunities
LeBel, Steve <steve_lebel@nps.gov> Tue, Jan 29, 2013 at 10:23 AM
To: Charles H Camp <ccamp@charlescamplaw.com>
Bee: Steve LeBel <ste\e_lebel@nps.gov>
We'\e had technical challenges posting to FedBizOps, which now links to FedConnect. The later post links to
our internal website, which has all of the documents. I have attached the fil es for your convenience.
On Mon. Jan 28, 201 3 at 3:37 PM, Charles H Camp <ccamp@charlescamplaw.com> wrote:
Steve,
Why are there two RFQ's for Jack's Boathouse?
Charles
Charles H. Camp
Law Offices of Charles H. Camp, P.C.
1025 Thomas Jefferson Street, NW
Suite 11 5G
Tel 202.457.7786
Fax 202.457.7788
Cell 301.461.0283
www.charlescamplaw.com
- Original Message-
From: Charl es Camp [mailto:ccamp@charlescamplaw.com]
Sent: Saturday, January 26, 201 3 8:21 AM
Subject: M- Non-motorized Boat Rental and Storage - Federal Business
https ://www.fbo.gov/i ndex?s=opportunlty &mode=form&id=81467 4248439fa559852b46
33d959509&tab=core&tabmode=llst&=
Charles H. Camp
Suite 115G
Tel 202.457. 7786
Fax 202.457. 7788
Cell 301.461 .0283
hltps://mail.google.com'mail/u/O/?ui =2&1k=f9191ba2e4&view-pt&search=sent&th=13c86e7f9f43af6d 1/2
1/2/14 DEPARTMENT OF THE INTERIOR Mail Re: FW: M--Non-motorized Boat Rental and Storage - Federal Business Opportunities: Opportunities
www.chartescamplaw.com
Ste...e LeBel
Phone: (202) 619-7072
Fax: (202) 619-7157
The information contained in thi s message may be protected by attorney-cli ent or other privi lege. It is intended
for the use of the individuals to whom It Is sent. Any privi lege is not waiwd by virtue of this ha\.ing been sent by
e-mail. If the person act ually receiving this mess.age or any other reader of this message is not a named
recipient, any use, dissemi nat ion, dist ribution, or copying of this communication is prohibited. If you recei1,1;i this
4 attachments
1.15.13 FedBizOps Notice.docx
16K
1.25.13 Request For Quallfications.pdf
188K
1.15.13 Appendix A Financial Tables.xis
176K
1.15.13 TC-ROCR004-12 Ora ft Contra ct. pdf
723K
https://mail .g oog le.com'mai l/u/O/?ul= 2&ik= f9191 ba2a4&1Aew= pt&search= sent&th"' 13c86e 7f9f'43affid 212
Rock Creek Park
3500 K. St., NW
Phone: (TBD)
1
due to transfer timing issues. '
TC-ROCR004-12 Draft Conlmcl
CONCESSION CONTRACT
TABLE OF CONTENTS
Table of Contents
SEC. 2. DEFINITIONS ............................................................................................................................. 1
(a) Required and Authorized Visitor Services .................................................................................... )
(c) Operating Plan .................................................................................................................................. 3
(d) Merchandise and Services ............................................................................................................. 3
(e) Rates .................................................................................................................................................. 4
(a) Employees ......................................................................................................................................... 4
(b) Employee Housing and Recreatlon ............................................................................................... 5
(a) Legal, Regulatory and Policy Compliance .................................................................................... s
(b) Notice ................................................................................................................................................. 5
(b) Director Review of Content ............................................. ............................................................... 9
(d) Right of Entry .................................................................................................................................. 10
(f) Condition of Concession Facilities ................................................................................................ IO
(g) Utilities .............................................................................................................................................. Io
SEC. 9. MAINTENANCE ....................................................................................................................... 10
(a) Maintenance Obligation ................................................................................................................. 10
(b) Maintenance Plan ........................................................................................................................... 10
SEC.10. FEES ........................................................................................................................................ 11
(a) Franchise Fee ................................................................................................................................. l l
(b) Payments Due ................................................................................................................................ 11
(c) Interest ............................................................................................................................................. 11
(a) lndemnification ................................................................................................................................ 12
(a) Bonds ............................................................................................................................................... 14
(b} Lien ................................................................................................................................................... 14
(a) Accounting System ......................................................................................................................... 14
( c) Miscellaneous Reports and Data ................................................................................................. 15
(a) Suspension ...................................................................................................................................... 15
(b) Termination ..................................................................................................................................... 15
SEC. 16. ASSIGNMENT, SALE OR ENCUMBRANCE OF INTERESTS ............. , ....................... 17
EXHIBITS
EXHIBIT A:
EXHIBITS:
EXHIBITC:
EXHIBIT D:
EXHIBIT E:
EXHIBIT F:
EXHIBITG:
Operating Plan
Nondiscrimination.
Assigned Land. Real Property Improvements
Assigned Government Personal Property
Maintenance Plan
WITNESS ETH:
future generations: and
NOW, THEREFORE, pursuant to the authority contained in the Acts of August 25, 1916 (16 U.S.C. 1, 2-
4), and November 13, 1998 (Pub. L 105-391), and other laws that supplement and amend the Acts, the
SEC, 1. TERM OF CONTRACT
SEC, 2. DEFINITIONS
singular and the plural forms of the defined terms:.
rules, regulations, requirements and policies promulgated under those laws (e.g., 36 CFR Part 51),
level of environmental perforrnance reasonable in light of the circumstances of the operations conducted
sustainability of the Concessloner's operations. Sustainability of operations refers to operations that have
and all real property Improvements assigned to the Concessioner under this Contract. The United States
from all sales for cash or credit, of services, accommodations, materials, and othar merchandise made
the Area, and gross receipts earned from alectronic media sales, but excluding:
laundry);
(2) Charges for employees' meals, lodgings, and transportation;
(4) Cash discounts on sales;
(6) Interest on money loaned or In bank accounts:
(7) Income from investments:
(8) Income from subsidiary companies outside of the Area;
resale;
actually due or paid government agencies;
handicrafts.
Concessioner from coin-operated telephones shall be included in gross receipts. Ali revenues received
from charges for in-room telephone or computer access shall be included in gross receipts.
(I) "Gross receipts of subconcessioners" means the total amount received or realized by, or accruing to,
Q) "Subconcessioner" means a third party that, with the approval of the Director, has been granted by a
concessioner rights to operate under a concession contract (or any portion thereof), whether In
(I) "Visitor services' means the accommodations, facilities and services that the Concessioner is required
TCROCR004-12 Draft Contract Page3
(a) Required and Authorized Visitor services
During the term of this Contract, the. Director requires and authorizes the Concessioner to provide the
Ii. Non-motorized vessel rental
(2) Authorized Visitor Services. The Concessioner Is authorized but not required to provide the following
Service
--
i. Vending machine .. sale of water a'nd non-alco[iolic beverag<:>s
' ~ '
ii. Incidental retail
iii. Instruction
services in accordance with this Contract. The Concessloner's authority to provide visitor services under
(c) Operating Plan
The Director, acting through the Superintendent. shall establish and revise, as necessary, specific
(including, without limitation, a risk management program, that must be adhered to by the Concessioner}.
are in furtherance of the purposes of this Contrnct and are not inconsistent with the terms and conditions
services described In this Contract, including, but not limited to, the nature, type, and quality of
merchandise, If any, to be sold or provided by the Concessioner within the Area.
TC-ROCR004-12 Draft Contract Page-f
resources or the Area's geology, wildlife, plant life, archeology, local Native American culture, local ethnic
(e) Rates
appropriate for the type and quality of facilities and/or services required and/or authorized under this
accordance with Applicable Laws and guidelines promulgated by the Director from time to time ..
(1) Subject to Section (1)(2) and (1)(3), In providing visitor services, the Concessioner must require its
employees to observe a strict Impartiality as to rates and services in all circumstances. The
Concessioner shall comply with all Applicable Laws relating to nondiscrimination In providing visitor
services to the public including, without limitation, those se.t forth in Exhibit B.
(a) Employees
conditions, Including, without limitation, those set forth in Exhibit B.
(4) The Concessioner shall establish pre-employment screening, hiring, training, employment. termination
working environment for Its employees. The Concessioner shall conduct appropriate background reviews
(6) The Concessioner shall review the conduct of any of Its employees whose action or activities are
situation.
addition, the Concessioner shall establish a drugfree awareness program to inform employees about the
satisfactory participation In a drug abuse or rehabilitation program which is approved by a Federal, State,
SEC. 5. LEGAL, REGULATORY, ANO POLICY COMPLIANCE
This Contract. operations thereunder by the Concessioner and the administration of it by the Director,
services to the public are further described In this Contract.
(b) Notice
Ali notices required by this Contract shall be in writing and shall be served on the parties at the following
sufficient sarvice. Notices sent to the Director shall be sent to the following address:
Superintendent
TC-ROCR004-12
Rock Creek Park
3545 Wiliamsburg Lane, NW
Washington, DC 20008-120"1
Draft Contraot
(TBD)
Page6
(1) The Concessioner, including Its employees, agents and contractors, shall comply with all Applicable
(i) Policy. The EMP shall provide a clear statement of the commitment to the
Concessioner employees and contractors. The EMP shall Include the designation of an environmental
Laws and BMPs. In addition, the EMP shall Identify how the Concessioner will manage environmental
TC-ROCR004-1'2 Draft Contract Page 7
be documented.
describe procedures to be taken by the Concessioner to correct any deficiencies identified by the self-
assessment.
Contract, Including, without limitation, compliance with the approved EMP, on at least an annual basis.
(3) Notification of Releases. The Concessioner shall give the Director Immediate written notice of any
vicinity of the Area, (whether solid, semi-solid, liquid or gaseous in nature) of any or toxic
substance, material, or waste of any kind, Including, without llmltation, building materials such as
asbestos, or any contaminant, pollutant. petroleum, petroleum product or petroleum by-product.
the activities of the Concessionet, its agents or employees.
TC-ROCR004-12 Draft Contract PageB
also provide to the Director any written materials prepared or received by the Concessioner in advance ot
release or threatened release, as set forth In this section, or any threatened or actual violation, as set
(2) Even if not specifically required by Applicable Laws; the Concessioner shall comply with directives of
or transported onto or Into the Area by the Concessioner to ensure that the Area remains in good
condition.
judgments (including, without limitation, fines and penalties) and expenses (including, without limitation,
this Contract.
arising out of the activities of the Concessioner, Its employees, agents and contractors, as set forth in this
section, or correct any environmental self-assessment finding ot non-compliance, in full compliance with
Applicable Laws, the Director may, In Its sole discretion and after notice to the Concessioner, take any
such action consistent with Applicable Laws es the Director deems necessary to abate, mitigate,
management program, harmful Insects, rats, mice and other pests on Concession Facilities assigned to
the Concessioner under this Contract. All such weed and pest management activities shell be in
not disturbed or damaged by the Concessioner, including the employaes, agents and
TC-ROCR004-12 Page9
(3) The Concessioner is encouraged to develop Interpretive materials or means to educate visitors about
materials, regardless of media format (I.e. printed, electronic, or broadcast media), to the Director for
{1) The Director hereby assigns Concession Facilities as described in Exhibit C to the Concessioner for
Improvements (as deflned in Applicable Laws including without limitation 36 CFR Part 51) upon Area
(b) Concession facilities Withdrawals
{1) The withdrawal is necessary for the purpose of conserving, preserving or protecting Area resources or
Director; or
be treated as a termination of this Contract pursuant to Section 15. No compensation is due the '
(d) Right of Entry
the Area.
subsection (e)(2).
operable condition. If the property ceases to be serviceable, it shall be returned to the Director for
disposition.
(g) Utilities
Applicable Laws.
SEC. 9. MAINTENANCE
For these purposes, the Director, acting through the Superintendent. shall undertake appropriate
in furtherance of the purposes of this Contract and shall not be inconsistent with the terms and conditions
SEC. 10. FEES
(a) Franchise Fee
(1) For the term of this Contract. the Concessioner shall pay to the Director for the privileges granted
(b) Payments Due
result of adjustments at the time of submission of the Annual Financial Report.
(c)lnterest
interest charged will be based on the current value of funds to the United States Treasury as published
unanticipated changes have occurred after the effective date of this Contract. a reconsideration and
opportunity for net profit in relation to capital Invested and the obligations of this Contract.
unchanged) that Is consistent with the probable value of the privileges granted by this Contract within
(8) Any adjustment to the franchise fee resulting from this section shall be prospective only.
(1 O) During the pendency of the process described In this section, the Concessioner shall continue to
SEC. 11. INDEMNIFICATION AND INSURANCE
(a) Indemnification
or claims for bodily Injury, death or property damage of any nature whatsoever, and by whomsoever
of this Contract.
(bl Insurance in General
(1) The Concessioner shall obtain and maintain during the entire term of this Contract at Its sole cost and
as determined by the Director. The Initial insurance requirements are set forth below and in Exhibit F.
Insurance coverages.
resulting from the acts or omissions of the Concessioner or its employees, agents or contractors, In
(3) All liability policies shall specify that the Insurance company shall have no right of subrogation against
insured.
would purchase In similar circumstances.
Facilities and personal property utilized by the Concessioner in the performance of the Concessioners
Concession Facilities for all or part of their replacement cost as specified in Exhibit F in amounts no less
(3) Commercial property Insurance shall provide for the Concessioner and the United States of America
to be named insured as their Interests may appear.
restore or replace Concession Facilities and/or personal property utilized in the
Insurance proceeds to in situ replacement. The lien provision of Section 12 shall apply to such insurance
Insurance proceeds are not sufficient to repair or replace damaged or destroyed property.
the Director which requires Insurance proceeds to be paid directly to the Concessioner without requiring
use of these Insurance proceeds.
(a) Bonds
Concesslone(s obligations under this Contract.
(b) Lien
to the Concessioner Annual Financial Report Form is_sued by the Director.
(2) If the Concessloner's annual gross receipts are $250,000 or more, the Concessioner must use the
authorized under this Contract by means of arrangements for the procurement of equipment,
(2) If the annual gross receipts of the Concessioner are In excess of $1,000,000, the financial statements
shall be audited by an Independent Certified Public Accountant in accordance with Generally Accepted
Accountants.
Accountants.
receipts, by an independent Certified Public Accountant.
its performance under the Contract or otherwise, Including, but not limited to, operational information.
SEC.15. SUSPENSION, TERMINATION, OR EXPIRATION
(a) Suspension
including, but not limited to, compensation for losses based on lost income, profit. or the necessity to
(b) Tennlnatlon

materially breached any requirement of this Contract, Including, but not limited to, the
provide only those visitor services required or authorized by the Director pursuant to this Contract. the
(3) In the event of a breach of the Contract. the Director will provide the Concessioner an opportunity to
period of time, the Director may terminate the Contract for default Notwithstanding this provision,
operations as appropriate in accordance with Section 1 S(a).
the Director determines that the Concessioner Is unable to perform the terms of Contract due to
{c) Notice of Bankruptcy or Insolvency
365.
provided in this section, the Concessioner shall, at the Concessloner's expense, promptly vacate the
Area, remove all of the Concessioner's personal property, repair any injury occasioned by installation or
were at the beginning of the term of this Contract, reasonable wear end tear excepted. The removal of
Director, at full cost and expense of the Concessioner, In accordance with Applicable Laws. Any cost or
operator of the Concesslone.r's personal property, excluding inventories if any, not including current or
depreciation or depreciation as shown on the Concessionefs Federal income tax return, whichever is
less. To avoid Interruption of services to the public upon termination of this Contract for any reason or its
(4) Prior to and upon the expiration or termination of this Contract for any reason, and, In the event that
of this Contract.
(b) The Concessioner shall advise eny person(s) or entity proposing to enter into a transaction which may
be subject to Applicable Laws, Including without limitation, 36 CFR Part 51, of the requirements of
(a) The Director and Comptroller General of the United states, or any of their duly authorized
Applicable Laws.
(d) The Concessioner is not entitled to be awarded or to have negotiating rights to any Federal
Concessioner.
construed to extend to this Contract if made with a corporation or company for its general benefit
{h) This Contract contains the sole and entire agreement of the parties. No oral representations of any
{i) This Contract does not grant rights or benefits of any nature to any third party.
0) The invalidity of a specific provision of this Contract shall not affect the validity of the remaining
{k) Waiver by the Director or the Concessioner of any breach of any of the terms of this Contract by the
(I) Claims against the Director (to the extent subject to 28 U.S.C. 2514) arising from this Contract shall be
the United States in the proof, statement. establishment. or allowance thereof within the meaning of 28
u.s.c. 2514.
{m) Nothing contained in this Contract shall be construed as binding the Director to expend, in any fiscal
dates shown below.
CONCESSIONER

[Name of signer]
Title:--,-------
Concessloner
By

TC-ROCR004- 12 Draft Contract Page 19
DATE: ~ - - ~ - - - - - 2 0 _ DATE: --------'' 20_
DATE: --------'' 20_
Exhibit A: Operating Plan
EXHIBIT A
OPERATING PLAN
Page A.J
1) Introduction ...................................... ; .................................................................................................. 2
2) Management Responsibilities ............................................................................................................. 2
A) Concessioner ...................................................................................................................................... 2
B) Service ................................................................................................................................................ 2
3) General open1ting stundards and rcc1uircments ............................................................................... 2
A) Season and Hours of Operation .......................................................................................................... 2
B) Rates ... : ............................................................................................................................................... 3
C) Rate Approval Process ..... ; ................................................................................................................. 3
E) Visitor Comments .......................................................... , ................................................................... 4
F) Human Resources Management. ........................................................................................................ 4
0) Risk Management Program ............................................................................................................ 5
H) Environmental Management .......................................................................................................... 6
l) Security and Protection ...................................................................................................................... 6
J) Emergency Services ........................................................................................................................... 6
M) Lost and Found ................................................................................................................................ 7
N) General Policies. ............................................................................................................................. 7
4) Specific Operating Standards and Requirements .......................................................................... ; .. 7
A) Non.motorized Boat Rental ............................................................................................................... 7
B) Dry storage of non-motorized vehicles .............................................................................................. 8
C) Utilities ............................................................................................................................................... 8
D) Authorized Services ........................................................................................................................ 8
5) Re11orting Requirements ..................................................................................................................... 8
A) Concessioner Operational Reports ..................................................................................................... 8
TC-ROCR004-J 2 Exhibit A: Oper3tin P,_l_a_n_ __________ P..,;ag,.,_.e_' A_-_2
1) ln!r9duction
This Open1ting Plan between (Concessioner Name! (hereinafter referred to as the "Concessioner") and the
National Park Service (hereinafter referred to as the "Service") describes specific operating
Creek Park (hereinafter referred to as the "Arca") that are assigned to the Conccssioner for the purposes
revised as determined necessary by the Superintendent of the Area. Any revisions shall not be
inconsistent with the main body of this Contract. Any revisions must be reasonable and in furtherance of
2) Management Reimonsibllities
A) Concessioner
(d) Has the responslblllty for implementing the policies and directives of the Service.
B) Service
(1) The Superintendent manages the Area with responslblllty for ail operations, including
(b) Review and approval of rates charged for all services;
(c) Review and approval of construction and all Improvements to Concession Facilities.
3) Gener!ll operating standards and requirements
September 30th. The Concessioner may close on Federal holidays. Any deviation from this
1'C-ROCR004-12 Exhibit A: Operating Plan Page A-3
8) Rates
(1) Rate Determination. All rates and charges to the public by the Concessioner must comply
with the provisions of Section 3(e) of the Contract, Including (without limitation) Section 3(e)'s
will be conducted in accordance with Service guidelines. Selection of comparebles is the
responsibility of the Superintendent. The Concessioner Is, however, permitted to assist in
gathering information and data pertinent to selection of the comperables.
submission.
and will Inform the Concessioner of the approved rates and the reason for any disapproval or
adjustment.
public health, fire safety, impacts on cultural end natural resources, correction of operating
Its Exhibits.
(b) Contract Compliance Report. The Contract Compliance Report and rating will consider
TC>ROCR004-12 Exhibit A: Operating Plan Page A-4
(e) Safety Inspections. The Concessioner must perfonn periodic interior and exterior safety
(g) Concessioner Environmental Evaluations. The Concessioner must self-assess its
abatement plans within dates agreed to with the Service within the timeframe specified In the
E) Visitor Comments
(1) The Concessioner must Investigate and respond to all visitor complaints regarding Its
services within 10 business days of receipt. The Concessioner must provide a copy of the
safety of Area resources to the Superintendent immediately upon receipt..
Concessioner.
(2) Employee Conduct. The Concessioner must review the conduct of any of its employees
Concessioner must take all actions needed to fully correct any such situation. Concession
expectation of employees should be clearly documented In writing.
titles, and contact information for all managers. This infonnation will be provided to the
(b) Staffing Requirements, The Concessioner must hire a sufficient number of employees to
ensure high-quality visitor services throughout the operating season.
_r,_c_'-_R_O_C_'R_0_0_4-_1_2 ________ &_ . _h_l_b1_1_A_: _Operating Plan PageA-5
schedules, holiday pay, overtime requirements, and any possibility that less-than-full-time
(d) Background Checks, The Concessioner must ensure that comprehensive background
include: wanted notices/Warrants check: local criminal history checks: federal criminal
records check; national multi-jurisdictional database and sexual offender search: social
security number trace; and driving history check. No employee will be hired if they show
(e) Employment of Service employees or their family member&. The Concessioner may not
employ in any status the spouses and/or dependent children of the Superintendent.
(f) Drug-free 8wareness and Testing Program. The Concessioner must provide its
(5) Training
(i) filfily. The Concessioner must train its employees annually In its Risk Management
Program.
(ii) Environmental Training. The Concessioner must provide annual envl.ronmental
awareness trainjng to all employees on its Environmental Management Program.
(ill) Job Training. The Concessioner must provide appropriate job training to each
(iv) Customer Service. The Concessioner must provide customer service and hospitality
employees who provide interpretive and safety infomnation.
(b) Inspections
(c) Deficiency Classlflcation and Hazard Abatement Schedule
(f) Training
TC"ROCR004-l 2 Exhibit A: Operating Plun
(5) The Concessionar is responsible for reporting any hazardous material spills to the Coast
(1) The Concessioner is responsible for securing buildings, equipment, and facilities under Its
control, and for providing and maintaining fire extinguishars, smoke detectors, and other
(2) The United States Park Police (202 619-7300) are responsible for law enforcement, public
other incidents to the United States Park Police dispatcher by calling (202) 619"7300.
agencies.
(2) Firo Protect/on: The Concessioner must ensure that all Concession Facilities meet all
(3) Emergency Medical Care: The Service, in conjunction with cooperative arrangements
between the Service end associated local city, county, and state agencies, provides
facilfty should be reported promptly to the Service.
K) Public Relations
(1) Requirod Notices. The Concessioner must prominently post the following notice at all
"This service is operated by (Conccssioner's name), a Concessioner under contract with
responsible for conducting these operations in a satisfactory manner. Prices are approved
Superintendent
TC-ROCR004-l 2 Exhibit A: Operating Plan
Roe k Creek Park
(2) Public Statements. All media Inquiries concerning operations within the Area, questions about
(1) Approval. The Concessioner must submit any new or updated promotional material, Including
distribution, broadcast. etc. The Superintendent may require the Concessioner to remove any
(2) Authon'zation. Advertisements must include a statement that the National Park Service and
Creek Park.
M) Lost and Found
N) General Policies
from the Service.
(2) Smoking Polley. All buildings within the Concession Facilities are designated as non-
smoking.
(3) Cred11 Cards. Major credit cards must be honored. The Concessioner may accept debit
A) Non-motorized Boat Rental
(1) Boal condition. Rental boats must be inspected prior to each rental to ensure they are free
boat is In a safe operating condition. Rental boats must be maintained to the manufacturers
(2) Rental Agreements. The Concessioner must execute written rental agreements, conforming
(3) Renie/ Regisl!irs. The Concessioner shall maintain accurate, up-to-date registers of boat
renters.
(4) Safety Briefing
PageA-8
rented. Instructions and information should include the boat and Its equipment to include
(5) Personal Flotation 01Jvice (PFD)
(c) The Concessioner must visually Inspect PFDs for correct count and serviceability. The
type and size.
use.
C) Utlllties
expense.
D) Authorl;i:ed Services
(1 J Vending.
(b) Vending machines will be conveniently located, and ofa design and color which
(d) Signage on the machine may relate to Area resource education themes or will be generic
in nature.
conserve energy.
(2) Instruction
(a) Non-motorized vessel use instruction is an authorized service, ex. kayak, canoe. and
TC-ROCR004-12 Exhibit A: Operating Plan Page A-9
of this Contract.
""'Number of Dry StO.fE,g Renters
~ .... ~
- ~
Number of,!(avak Rentals
-
-
Number of Canoe Rentals
>--
Number of Stand-uo Paddle Boards
Gross Revenue
(b) As renewed, the Concessioner must provide a copy of all operating permits, licenses end
certifications.
(c) Any inspection reports conducted by outside agencies (i.e., fire department, OSHA, etc.}
(d} Monthly Franchise Fee Report. The Concessioner must report on the franchise fee
TCROCR004 12 F.xhibit B: Nondiscrimination
EXHIBIT B
NONDISCRIMINATION
(a) Employment
Page B-10
(1) The Concessioner will not discriminate against any employee or applicant ror employment because or
employment, without regard to their race, color, religion, sex, age, national origin, or disabling condition.
transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms or
compensation; and selection for training, including apprenticeship. The Concessioner agrees to post in
provided by the Secretary, advising the labor union or workers' representative or the Concessloner's
shall prepare and maintain en affirmative action program at each establishment which shall set forth the
contracto(s policies, practices, and procedures in accordance with the affirmative action program
requirement.
for purposes of investigation to ascertain compliance with such rules, regulations, and orders.
(7) In the event of the Concesslone(s noncompliance with the nondiscrimination cla.uses of this Contract
in whole or in part and the Concessioner may be declared Ineligible for further Government concession
contracts In accordance with procedures authorized In Executive Order No. 11246 of September 24,
amended by Executive Order No. 11375 of October 13, 1967.'or by rule, regulation, or order of the
TC-ROCR004-12 Exhibit B: Nondiscrimination
The preceding provisions a(1) through a(B) governing performance of work under this Contract, as set out
No. 11375 of October 13, 1967, shall be applicable to this Contract, and shall be included In all contracts
to contracts awarded by the Concessioner and the term "Concessioner'' shall be deemed to refer to the
(c) Facilities
extent reasonably possible to individuals who are mobility impaired, hearing Impaired, and visually
Exhibit B: Nondiscrimination Page B12
A Concessioner, In providing any aid, benefit, or service, may not directly or through contractual,
or service;
(2) Afford a qualified handicapped person an opportunity to participate In or benefit from the aid, benefit,
or service that Is not equal to that afforded others:
provided to others;
assistance to an agency, or person that discriminates on the basis of handicap in providing
any aid, benefit, or service to beneficiaries of the recipient's program;
advisory boards; or
(7) Otherwise limit a qualified handicapped person In the enjoyment of any right, privilege, advantage, or
Concessioner to make each of Its existing facilities or every part of a facility accessible to and usable by
TC-ROCR004-l 2
Land Assigned
Exhibit C; Assigned Land & Real Property
EXHIBITC
P<1ge C-13
Boat
Storage
Location
Entrance Gate
fencelinc
Parking Lot
Potomac River
Boat
StOrilj;lt:
Location
Page C-14
District of

____ E_.x_h_lb_1_1 C: Assigned Land & Real Property Page C-15
operations under this Contract
Bulkhead- Deck
Approved, effective------ 20 __
By:

rc.ROCR004-l2
Exhiblt D: Assigned Gov D-16
EXHIBIT D
Government personal property is assigned to the Concessioner for the purposes or this Contract as
follows:
None.
Approved, effective ______ ,. 20 __
By:

Director. National Park Service
K::Jl[)CR004-l 2 Contract Exhibit E: Maintenance P/qn Part A Table o(Contet1ts
Table of Contents
INTRODUCTION ...................................................................................................................................... 1
PART A - GENF:RAL ................................................................................................................................ l
I) General Concession Facilities Standards ........................................................................................................ I
2) Definitions ...................................................................................................................................................... 1
3) Concessioner Responsibilities ..................................... .................................................................................. )
A) In General ................................................................................................................................................... 3
B) Environmental, Historic, and Cultural Compliance ................................................................................... 4
5) Concessioner Inspections .............................................................................................................................. .4
6) Annual Concessioner Maintenance Plan (ACMP) ......................................................................................... 4
A) Maintenance Action lnformation ............................................................................................................... .4
B) Projected Maintenance Expenditures .............................................................. .......................................... 5
9) Service Rcsponsibilitics .................................................................................................................................. 5
B) Evaluation of Concessioner Maintenance ................................................................................................... 6
,,<.10UCTION
. c,xhihit E: Mainjnance Plan
EXHIBIT E
MAINTENANCE PLAN
Contract, including its designations and amendments. will prevail. Full compliance with the requirements of this
the Contract, Including, without limitation, Component Renewal as defined below.
Revisions may not be inconsistent with the terms and conditions of the main body of the Contract Any revisions
PART A - GENERAL
othc1wise defined in the Contract.
2) Definitions
ln addition to the defined tenns contained or referenced in the Contract, the following definitions apply to this
Maintenance Plan.
function such as an office building, lodge, motel, cabin, residence, campground, marina, etc.
Capita! Improvement - A Capital Improvement is a structure, fixture, or non"removable equipment provided by
rehabilitation of windows and/or replacement of windows and doors. Component Renewal/Replacement includes
perfomiance. These actions recur on a periodic cycle of greater than seven years.
Contract E'xhig}I E.- __ E-4-1
assigned to the Concessioner under the Contract and all real property Improvements assigned to the
including all attachments, exhibits or Incorporated provisions of the agreement.
Deferred Maintenance (OM) - Maintenance that was not timely or properly conducted. Continued Deferred
may consider raw material.s acquisition, productions, manufacturing, packaging, distributions, reuse, operations,
environmental impacts of the product's manufacture, product toxicity, and product recycled content including post
recyclablllty and biodegradability. These include those products for which standards have been established for
Faclllty Operations - Operational actions performed by the Concessioner on a recurring basis that meet daily
operational needs of Concession Facilities. Typical work performed under Facility Operations includes janitorial
requirements may be included in Exhibft A (Operating Plan) to the Contract.
C.F.R. pt. 261, 29 C.F.R. 1910.1200, or40 C.F.R. pt. 171, respectively.
Maintenance -The maintenance of Concession Facilities as described in this Maintenance Plan. Maintenance
Renewal/Replacement; Recurring Maintenance; Facilfty Operations; Preventive Maintenance; and Repair.
Personal Property - Manufactured items of independent form and utility including equipment and objects solely
equipment, 'furniture and goods, necessary for Concessioner operations under the Contract. Personal Property
and refinishing hardwood Hoors.
Repair - Work undertaken to restore damaged oc worn out Assets or Components to a fully functional operating
condition.
TC>ROCR004-1],___ _______ =Con.([act E'xhik.lt E: ______ ,
Replacement - Exchange or substitution of one Asset or Component for another that hes the capacity to perform
the same function et a level of utility and service equivalent to the original Asset or Component.
Plan, does not include sewage, septic sludge, hazardous waste, universal waste and miscellaneous maintenance
integrity, thus improving the environment. the economy and society.
Universal waste -Any waste as defined under 40 CFR 273. These include but are not limited to mercury-
waste Prevention - Any change in the design, manufacturing, purchase, or use of materials or products
3) Concessioner Responsibi!itla$
A) In General
2) All Maintenance must ba undertaken in accordance with Applicable Laws, including without /imitation,
appropriate skills, experience, licenses and certifications to conduct such work.
3) The Concessioner, where applicable, must submit project plans to the Service that are stamped by a
Professional Engineer or Registered Architect licensed in Iha applicable State.
4) The Concaf!sioner, where applicable, must obtain Iha appropriate pennits required by Slate or local
law, U.S. Environmental Protection Agency, and other regulatory agencies and provide copies of the
pennits to the Service.
and reduction, sustainable design and sustainable practicaslpn'nclples and incorporates best
managament practices.
6) The Concessioner must comply with Iha Amaricans with Disabilities Act and tile Architectural Barriers
7) The Concessioner Wiii not construct or instell Capital Improvements.
8) The Concessioner may perfonn emergency repairs without prior Service approval as long as
_____ __,C"".ont(act Exhib(tE: --,_P_,,ag,.e E-A4
2) The Service in cooperation with the Concessioner will determine what environmental compliance with
the Superintendent by the Concessioner In the format required.
4) The Concessioner may be required to prepare an environmenial assessment, environmental impact
5) Concessioner Inspections
this Maintenance Pian and to develop future Maintenance requirements,
6) Annual Concessioner Maintenance Plan (ACM Pl.
year. The ACMP must include the following Information.
1) Praventive Maintenance (PM). The proposed ACMP must include PM actions, procedures and
schedules that ensure proper Preventive Maintenance of all Concession Facilities. At a minimum. the.
PM actions, procedures and schedules must include summary procedures for each Asset, including.
but not limited to, roofs, building envelopes, and mechanical equipment.
.[{;'-ROCRQ!14-l 2
7) Annual Concessioner Maintenance Reporting !ACMR!
8) Personal Propertv Report
of replacement.
9) Service Responsib!lities
I!!;,hibit E: Mq(ntenanca_J:J=a=n __ E-A6
inspection is peliormed.
evaluation will be based. among other matters. on the application of the National Park Service Facility
to perform all necessary maintenance, including. without limitation, Annual Concessioner Maintenance
COJJ/ract Exhlf.iit E: Main,tenance Phm Part Tqble of Contents
Purt B Tobie of Contents
PART B - SEltVICE REQUIRED CONCESSIONER RESPONSIBILITIES .................................... 1
1) Concessioner Responsibilities .................................................................................................................... l
TC-ROCR004-l 2
B) Office Structure
(3) The Concessioner must maintain and repair its personal property structure in good condition ini1uding
all inferior and exterior surfaces. Unless required more frequently per the manufacturer's
recommendations, the strncture must be painted or steined on a regular cycle of three years, unless
written Service approve/ is given to postpone the activity. The Concessoner must obtain prior written
approval from tho Service for any changes to interior and exterior finishes from the color range or
types of materials currontly In use on the strncture.
(4) The Concessioner must provide and maintain In a serviceable condition all Inferior safety equipment,
such as smoke detectors, fire extinguishers, and other appurtenances as necessary for the protection
of the public and the Concession Fac11ities.
(1) The Concessioner must keep all grounds within the Concession Facilities well maintained, properly
illuminated, uncluttered, end free of litter and debris. Vegetation - The Concessioner must perform all
fertilizer, pesticides, or herbicides prior to use.
any proposed /endscaplng work that will change, alter, or modify the grounds .
(1) The Concessioner must maintain ell walkways within the Concession Facilities in good condition.
(2) The Concessioner must keep all roads, perking areas, and walkways within the Concession Facilities
in good condition including sweeping, , erosion control, and snow removal (the latter only if snow
occurs during Concessioner's oparating season) .. All walking surfaces, including roads and parking
areas, must be clean and swept free of debn's, obstacles, or other hazards.
(1) The Concessioner must maintain the dock surface, flotation, and ramps In good repair, level, properly
The Concession must maintain the railings in good repair and sturdy enough to support visitor use.
F) Signs
A. The Concessioner must Install, maintain, and replace all Interior and exterior signs relating to its
Identifying the location of functions (when attached to Concession Facilities or on grounds assigned
lo the Concessioner), signs identifying operating services and hours, and signs identifying the
rules or policies.
(2) The Concessioner must ensure slgnage is appropriately located, accurate, attractive and well
seven days. Signs that address e life safety issue must be rep/aced immediately with a professional
(3) The Concessioner must ensura that its signs comply with Service sign standards including but, not
limited to, Director's Order 52, Park Signage. The Concessioner must submit plans for all new sign
installations to the Service for approval before installation. The Concessioner must not use
handwritten or typed signs witllin Concession Facilities without written Service approval.
G) Utilities
Electrical: The Concessioner must maintain all electrical lines end equipment and all fixtures, including
street lamps, within the Concession Facilities. The Concessioner must ensure that all electrical
.[C.ROCR004-l]. ______ E: ..... .,J'art B Tq_ble of(:f!nlents
All electrical work or rewiring of existing facilities must be inspected at the Concessioner's expense.
2) Service Responslblllties
(1) The Service trims trees and removes hazardous trees.
I) Signs
(1) Tho Servk:e provides and maintains regulatory, traffic control, or information signs that serve the
interest of the Service; examples inr;lude information signs along roadways, diroctional signs along
The following chart summarizes the plan and reporting dates established by Parts A, Band C of this
Maintenance Plan.
.

..
"'="'
..
Pan A -Annual Concessioner Maintenance Plan (ACMP) Annual October I
Part A - Annual Concessioner Maintenance Reporting (ACMR) Annual February l
.
Personal Property Report Annual October l
-
PART C - CONCESSIONER ENVIRONMENTAL RESPONSIBILITIES ................................................................... 1
1) General ........................................................................................................................................................... 1
2) Air Quality ....................................................................................................................................................... 1
3) Environmentally Preferable Products, Materials and Equlpment ............................................................. -..... 1
4) Hazardous Substances .................................................................................................................................... !
5) Hazardous, Universal and Other Miscellaneous Maintenance Wastes ......................................................... !
6) Pest Management .......................................................................................................................................... 2
7) Solid Waste ..................................................................................................................................................... 2
8) Water and Energy Efflciency ........................................................................................................................... 3
9) Wastewater .................................................................................................................................................... 3
Contract Exhibit E: M_qi11tenance Pi<ln ______ ,.. Page E-C I
PART C- CONCESSIONER ENVIRONMENTAL RESPONSIBILITIES
1) General
Identified in this part.
2) Air gualltl{
D) The Concessioner must not use halon fire suppression systems except as permitted by the Service.
3) Environmentally Preferable Products. Materials and Equipment
where feasible in maintenance. EnvironmentallyPprelerable maintenance related products, materials and
equipment include but are not limited to re-relined oils, re-tread tires, bio-based lubricants, low-toxicity
cleaners and chemical additives for toilets, low-toxicity and recycled antifreeze, sale alternatives to
ozone-depleting substances for HVAC equipment. construction and building materials with recycled
D) The Concessione.r must use polystyrene as little as possible and may not use polystyrene that contains
D) The Concessioner must provide secondary containment for Hazardous Substances storage where there
secondary containment for Hazardous Substances located in outside storage areas, in intenor storage
accordance with Section 6( d)( 1) of the Contract by March 1. The inventory must identify each substance,
5) Hazardous. Univernl and Other Miscellaneous Mainlenanc& Wastes
A) The Concessioner must minimize the generation of Hawrdous Waste, Universal Waste and
0) The Concessioner must recycle Hazardous Waste, Universal Waste, and miscellaneous maintenance
TC-ROCR004-12 Contraqt Exhi/;J.t E: Maintenance P(JJL..
recordkeeping.
E) The Concessioner must manage Universal Waste (i.e., storage, labeling, employee training, and
disposal) in- accordance with federal Universal Waste regulations irrespective of Hazardous Waste
generator status.
6) Pest Management
7) Solid Waste
Litter Abatement
transfer station.
(1) The Concessioner must locate its Solid Waste containers (i.e., cans, 'roll-off' containers/dumpsters,
disposable products In its operations. Purchase and reuse of materials is encouraged where feasible
[:ontracJ,.Exhlbit E: Maintenance Pl<m
large items such as computers and other electronics, white goods and other bulky items and others.
employees.
(5) Recycling containers must be waterproof, vermin-proof and covered with working lids as necessary to
maintain the quality of the recyclables for market and to prevent vermin from being attracted to the
.deposited and to minimize contamination in recycling containers.
Composting
(2) The Concessioner composting system must be animal-proof and Serviceapproved.
8) Water and Energy Efficiency
B) In addition to meeting standards established in accordance with Applicable Laws, Concession Facilities
equipment and practices must be consistent wnh water and energy efficiency standards established for
C) As new technologies are developed, the Concessioner must assess these opportunities and Integrate
9) Wastewater
D) The Concessioner must prevent discharges to the sanitary sewer system that could result in pass through
D) The Concessioner must minimize the storage of equipment and materials on the Assigned Facilities in a
TC-ROCR004-12 Exhibit F: lnsuranoe
EXHIBITF
SEC.1. INSURANCE REQUIREMENTS
Pago F-4
The Concessioner shall obtain and maintain during the entire term of this Contract. at its sole cost and
No act of the Concessioner, its agents, servants, or employees may Impair any and all insurance
must provide the Service with a 30-day notice of cancellation on all liability and workers' compensation
insurance policies.
The amounts of insurance, limits of liability, and coverage terms included are not intended as a limitation
The Concessioner must maintain the following minimum Liablllty Coverages, all of which, unless noted
as explained below.
personal, advertising Injury liability and products, and completed operations liability. The
General Aggregate
Per Occurrence
Medical Payments
$2,000,000
$2,000,000
$1,000,000
$1,000,000
$5,000
$5,000
Watercraft limitations affecting the use of watercraft In the course of the Concessioner's
hostile fire.
completed operations. Garagekeepers' liability is to be Included on a "direct" basis for all Concessioner
owned autos, coverage will be provided for "hired' and "non-owned" autos, "Symbols 8 & 9."
beverage.
Aggregate Limit
$
$
any watercraft.
Marine liability shall be maintained at the same Each Occurrence Limit if the Concessioner operates a
Each Person Limit
Each Accident Limit
$
$
$
Concessioner maintains landing faciUties for use by third parties. Hangerkeeper's liability shall be
TC-ROCR004-12

This coverage Is required for any operations in which the Concessioner services, handles or repairs
operations and contractual liability) as well as bodily Injury and property damage arising out of the use of
automobiles.
If owned vehicles are involved, liability coverage should be applicable to "any auto' ("Symbol 21"),
otherwise coverage applicable to "hired' and "non-owned' autos ("Symbols 26 & 29") should be
maintained.
It to supplement any insurance policies obtained to meet the minimum requirements of the Contract. If
advertising injury liability in excess of scheduled underlying insurance. In additio'), coverage must be at
least as broad as that provided by underlying Insurance policies and the limits of underlying insurance
must be sufficient to prevent any gap between such minimum limits and the attachment point of the:
The Concessioner may use an Excess or "Umbrella' liability policy to achieve the Commercial General
Liability and automobile liability limits set forth above. If a lower limit of liability Is used for a subordinate
(I) Care, Custody and Control--Legal Liability, I.e. Innkeeper's Liability (not applicable)
Any one Guest
Any One Loss
$
$
(j) Professional Liability, e.g. doctors, barbers and hairdressers (not applicable)
Aggregate Limit
$
$
TC-ROCR004-12
'------
Exhibit F: lnsuronce Page F-7
Aggregate Limit
$
$
The self-insured retentions or deductibles on any of the above described Liability
If Concessioner operations are conducted in proximity to navigable waters. United States Longshore and
Harbor Wor1<ers' Compensation Act coverage must be endorsed onto the wor1<ers' compensation.policy.
If the Concessioner's operations include use of watercraft on navigable waters. a maritime coverage
(a) Building(s) and Contents Coverage
Amount of insurance (inventory): Full replacement value deduction.
(1) Insurance shall cover buildings, structures, improvements & betterments. and contents for all
(2) Coverage shall apply on an 'All Risks" or'Special Coverage" basis and shall include coverage for
earthquake damage.
the insured property. The Concessioner must insure inventory for 100% of the replacement cost
TC-ROCR004-12 Exhibit F: Insurance Pago F-8
National Flood Insurance Program (NFIP) or the total replacement cost of the property, whichevar
is less.
(9) Earthquake Coverage (if applicable) must be maintained at the maximum limit available not to
(1 O)Ordinance or law, demolition, and increased cost of construction. Coverage shall be maintained
(5) If insurance Is written with a different insurer than the Building(s) and Contents insurance, both
(1) Insurance shall apply to all boats: office trailers, equipment, storage racks and docks owned or
premises.
such property Is at the project site, at temporary off-site storage, and while in transit. Coverage
(2) Coverage shall apply on an 'All Risks" or "Special Coverage" basis.
TCROCR004-12 E:xhibit F: Insurance Page F-9
(4) The amount of Insurance should represent no less than 100% of the Replacement value of the
Business Interruption insurance and extra expense insurance covers the loss of Income and
to continue operations In the event of damage or loss to covered property. Business Interruption
Anticipated annual gross revenue from operations $.,_ _____ _
Less non-continuing expenses ( - - - - - ~
Annual Total $ _____ _
Divided by 12 $ ______ _
Times the number of months estimated to rebuild or repair $'--------
(f) Deductibles
of the property value for flood, windstonn and earthquake).
exceed $50,000.
"In accordance with Concession Contract No. _dated _, between the United States of America
and [the Concessioner) payment of insurance proceeds resulting from damage or loss of structures
insured under this policy is to be disbursed directly to the Concessioner without requiring

Paga F-10
Automobile Liability, Workers' Compensation and, If professional services are Involved, .Professional
the Director taking into consideration the scope a.nd size of the project.
SEC. S. INSURANCE COMPANY MINIMUM STANDARDS
otherwise authoril".ed by the Service.
requirements. applicable to the vendor's own insurance.
Identification of the coverages, limits, and coverage amendments that are described above. In <llddition,
("AMB#'). The name, address, and telephone number of the issuing insurance agent or broker must be
information.
In addition to providing certificates of insurance, the Concessioner, upon written request of the Director,
shall provide the Director with a complete copy of any of the Insurance policies (and all
thereto) required herein to be maintained by the Contract including this Exhibit. '
Exhibit.
TC-ROCR004-12 Exhibit F: lnS(lrdrlCe Page F-11
herein apply,
TC-ROCR004-l 2 Exhibit G: Transition
EXHJBITG
TRANSITION TO A NEW CONCESSIONER
SEC 1. GENERAL
The Director and the Concessioner hereby agree that, in the event of the expiration or termination of this
Contract for any mason (hereinafter "Termination" for purposes of this Exhibit) and the Concessioner is
not to continue the operations authorized under this Contract at1er the Termination Date, the Director and
concessioners selected by the Director to continue such operations ("New Concessioner" for purposes of
this exhibit), to achieve an orderly transition of operntions in order to avoid disruption of services to Area
SEC. 2. COOPERATION PRIOR TO THE TERMINATION OATE
following tasks.
( 1) The Concessioner shall continue to accept all future bookings for any hotel, lodging facilities, or other
facilities and services for which advance reservations ore taken. The Concessioner sh"ll not divert any
(2) Promptly following notification to the Concessioner by the Director of the selection of the New
Concessioner, the Concessioner shall provide the New Concessioner with a copy ofConcessioner's
Concessioner. The Concessioner thereafter shall upd"te such log on a periodic basis (but no less
frnquently than 30 days) until the Termination Date. The reservation log shall include, without limitation,
advance deposit received, and confirmation number, if applicable.
(c) De8ignati11g a Point of Contact and Other Actions
(1) The Concessioner shall designate one of the Concessioner's executives as the point of contact for
communications hetween the Concessioner and the New Concessioner.
including "back-of-house areas." 'fhe Concessioner also shall provide the New Concc.1Sioncr copies of
the keys to all Concession Facilities.
records, licenses, and all other materials pertaining to all Concession Facilities and the Concessioner's
TC-ROCR004-l 2 Exhibit G: Transition Page 0-2
(4) The Concessioner shall provide the Director and the New Concessioner with copies of all maintenance
agreements, equipment leases (including short-wave radio), service contracts, and supply contracts,
including contracts for on-order merchandise (collectively "contracts"), and copies of all liquor licenses
coneessioncr's salaried and hourly employees, including seasonal employees, through a coordinated
( 6) The Concessioner shall not enter into uny contracts or agreements that would be binding on any
Concession Facilities or concession operations in general after the Termination Dute without the prior
(d) Financial Reports
Within 30 duys after receipt of the notification ofthe selection of the New Concessioner, the
the Concession Facilities and the Concessioner's operations in general as of the last day of the month
prior to receipt of such notification. The Concessioner, thereafter, shall update such financial report on a
periodic basis (but no less frequently than 30 days) until the Termination Date. Such financial report shall
The Concessioner shall provide the New Concessioner with u complete, detailed, and well-organized list
connection with its operations under the Contract (including a list of such items thut are on order). The
Concessioner must provide the list to the New Concessioner within 30 days following receipt of the
notification of the selection of the New Concessioner. The Concessioner, thereafter, shall update the list
(0 Other Information and Reports
helpful in facilitating the transition, including, without limitation, u list of maintenance records for the
Concessioner's operations for the period of one year prior to notification of the selection of the New
and closing procedures. The Concessioner must provide all such information within 30 days after receipt
less frequently than 30 days) until the Termination Date.
The Concessioner shall provide the Director and the New Concessioner with such other cooperation a
TC-ROCR004-l 2 Exhibit G: Transition
SEC. 3. COOPERATION UPON THE DATE
(a) Transfer of Contracts and Licenses
(b) Reservation Systems
The Concessioner sh;ill cooperate with the transfer of reservation information by:
Date;
(ii) Disconnecting its operations from the Concessioner's centralized reservation system, if any;
and
(iii) Assisting the New Concessioner in transitioning to the New Concessioner's reservation system.
(c) Fees and Payments
No later than I 0 days after the Termination Date, the Concessioner shall provide the Director with an
itemized statement of all fees and payments due to the Director under the terms of the Contract as of the
Concessioner, within I 0 days of its delivery to the Director of this itemized statement, shall pay such fees
required because of information that was not available at the time of the statement.
( d) Access to Records
copies of all books, records, licenses, permits, and other information in the Concessioner's possession or
(e) Removal of Marks
supplies as may be marked with any trade name or trademark belonging to the Concessioner within JO
days after Termination.
(f) Other Cooperation
aggregate.
Through a lease held by National Park Foundation, the National Park. Service ("Service") has
Service in 1999.
concessioner.
TC-ROCR004-12
Question Acquisiton aod Start-Up
Company Name (Insert Respondenrs Name)
CONCID {Specify TG-ROCR004-12)
I --- Acq uisilion and Start-UfC:osts -- - I
A/J amounts shouid be stated ill 2012 dollars_ All items must foot ID Slatemenl of Cash Flows.
Col'Llmn A Co!umn B Sum of Column A and B
New
PERSONAL PROPERTY INVESTMENTS Existino (Lease, New) Total Basis of Estimate (2]
Boats (kayaks -sir>gle and double, canoes, slandup P $ $ $
Fu mibJ re, Fixtures, and Equipment $ s $
0111er
s $ s
Total Personal Property $ s $
Otl>er (specify) I $ I $ I $ I I
Total Real Property $ I $ S I
WORKl NG CAPITAL {'l
Ii Ii I! I I

--- (_pecify)
Tat al Wonong Capttal
Otller (specify)
Is Is =rL --- - --- 1--- - ---- ------ -=i
TOTAL INVESTMENT $ $ s
1. State Ille amoum. needed to commeoce operations. Show subsequent changes on Stalement of Casti flows.
2. State clearly the basis forycur estimate. You may do so in tllis or on a separate sheet should you need more space.
Page 1 of6
TC-ROCRIJ04-12
Company Name
CON CID
Revenue lnftation
Expense Inflation
Revenue
(Insert Respondenfs Name)
{Specify TC-ROCRIJ04-12}
1 2
1. If you use assumptions otlier than tfl()se 'stec! here, clearly show all ass um poons used in developing revenue e
Page2 ofe
Question Assumptioos
TC-ROCR004-12
Company Name
CONCID
I income Statement
GROSS REVENUE 1
2
J
Fares
DIRECT EXPENSES
Salaries and Wages
Operating Supplies
Other Expenses
Total VTS Expenses
Admln & General Other
Energy & Utilities
Management Fee
other (describe)
FIXED CHARGES
Insurance (
3
l
Other Fixed
Total Fixed Charges
Interest Expense
Depreciation
Amortization
i.i:: I
'
Income Tax
NET INCOME
Gross Revenue
'" '"""'"'
Gross Recein+s
12
>
Basis of Estimate m
1
Note
(1)
(1)
(1)
(1)
(1)
(1)
(1)
(1)
(1)
(1)
(1)
(1)
(1)
(1)
(1)
(1)
(1)
m
(1)
(1)
(1)
(1)
From above
11)
Page 3 of6
2 3
2011 2012 2013 2014
CONCIO Specify TC-ROCR004-12
2 3
/income Statement
Basis of Estimate Iii 2011 2012 2013 2014
Notes
You may do so in this or on a separate sheet should you need more space.
Revenue does not equal Gross Receipts. Gross Receipts Is defined in the Draft Contract.
Worker's Compensation and health insurance should be included In the Payroll Taxes and Benefits amount.
Page4 of6
TC-ROCR004-12
Company Name { tnse rt Respondenrs Name}
CONC!D Specify TC-ROCR004-12
I Statement oi Cash Flows I Basis of Estimate
11
) I
Net Income
GairJ!Loss on Sale of Fixed Assets
Change in WOfking Capital
Other
Net Cash Provided by Operating Activities
Financing Activities
Dividend
Proceeds from Loans
Repayment of Loans
[ From the Income Statement I
From the lnccme Statement
(1)
(1)
(1)
I
(1) !
(1}
Interest \ (1) I
Principle { 1 )
Other (describe) ( 1 )
In flial Purchase of Assets
Condition Facility Improvement Program
Purchases of Assets over the term of the cc ntract
Net cash used in investing activities
Total Cash flow
Notes
(1)
(1)
(1)
Question Cash Flow
1 2 3
1. State clearly the basis for your estimate. You may do so in th is or on a separate sheet should you need more space.
Page 50!6
TC-ROCR004-12
Provide the following additional worl<sheets, and link as appropnate to the Statement of Cash Flaws, Income Statement
and Acquisition and Start-up C<>Sts Schedule
1 Payroll and Staffiog
2 Administration and General
3 Depreciation and Amortization Schedule
5 Woooog Capital Assumptions
Page 6 of 6
Question Addifional Worl<sheets
Providing
In
Rock Creek Park
1
Pursuant to the National Park Seivice Concessions Management Improvement Act of
1998, Public Law 105-391, the Director of the National Park Seivice may award non-
Through a lease held by the National Park Foundation, the National Park Seivice (NPS)
has provided non-motorized boat rental and storage seivices in the Rock Creek Park
The Seivice anticipates awarding a temporary concession contract for non-motorized boat
rental and storage seivices. The Seivice may award one temporary concession contract
The National Capital Region (NCR) issues this REQUEST FOR QUALIFICATIONS (RFO)
that accompanies this RFO. The Seivice is issuing this RFO to obtain information about
boat rental and storage. While responses do not constitute offers, the Seivice plans to
concessioner.
In this document, the entity providing information to the Seivice in response to the RFQ is
Submitter.
The Seivice considers all responses submitted in response to this RFQ as public
2
law.
OPERA TING HOURS
Office Hours:
9:00 a.m. - 5:00 p.m. Daily
Boat Rental:
9:00 a.m. - 5:00 p.m. Daily
Storage:
Year round service
3
I
Estimated
. -
mw
Equipment Inventory Boats Stand-up Paddle Boards
Kayaks (single and
canoes, etc ...
Rates: Boat Storage
Approx. 110 spaces

double
(11 racks; 1 O boats a rack)
Rates: Boat Rentals

Adult
Children (7-12)

Children (0-6)
Rates: Stand-up Paddle boards
Rates: Hand Launching
175
.
Monthly
$50.00
"""'""
..
10
-
Individual (max rental 3 hours)
$14.00
-
$7.00
- --

FREE
-
$25.00 per hour
$10.00 per launch
--
this RFQ.
4
addressed to:
Steve LeBel
Information Sought
Personnel;
Financial capacity;
5
A. Business Organi;z:ation and Credit Information: Individual or Sole Proprietorship
-
Trade Name, if any*
,.
Address
-
Telephone Number
"'" ~ ' ~
~ .... ,. __ ,,
~ ~
Fax Number
Email Address
"" '"
..
than the Offeror)
Tax ID Number
Years In business of the
services
Current Value of
Business
Role in Providing
* If the sole proprietorship acts under a name other than that of its owner (i.e., does
6
entities.
"'
Name of Entity anc
Trade
"
Address
'"
-
'"
"--,,----------
Telephone Number
""
Fax Number
Email Address
Contact Person
Title
~ .. --.. -
L......... ., __ ,_ ....
_. ____ ,
Tax ID Number
State of Formation
Date of Formation
OWNERSHIP NUMBER AND TYPE OF CURRENT VALUE OF
Names and Addresses of
"
.. __ ,_, .. _____
----------"-
business
and
Type(s)
.. ,., __ OFFICERlfAND
...
ADDRESS TITLE AND/OR
DIRECTORS OR AFFILIATION
GENERAL PARTNERS OR
MANAGING MEMBERS OR
VENTURERS
to funding and management
7
EXPERIENCE
provide a description of your experience in the operation and management of non
4. Role of Submitter In providing the service
controlling shareholders; for partnerships - general partners: for limited liability
companies - managing members: for joint ventures - each venturer.
PERSONNEL
8
Minimum Qualification Information
-
Relevant Experience Minimum Certifications (If
Qualifications Applicable)
Executive who directiy'
~ - -
-
- ~
- -
General Manager
~ ~
-
Safety Manaaer
- "''
Contract.
FINANCIAL CAPACITY
company?
LJ YES LJ NO
and/or work-out/loan modification transactions during the past 5 years. (If none, then so
appropriate.
9
. 6. Provide a current credit report (within the last six months) from a major credit
following:
to the RFQ:
10
with GMS. In situations where the information requested departs from GMS, the Service
conformance with GMS.
you wish to provide additional information, do so in additional spreadsheets, outside of the
ones provided. If additional information Is provided, clearly identify how it fits Into the
PERSONAL PROPERTY NEEPED FOR THE OPERATIONS
motori:zed boats and equipment) and assets necessary to meet the terms and conditions
of the Temporary Concession Contract For example, include the fleet of non-motorized
Contract.
ABILITY TO MOBILIZE TO COMMENCE OPERATIONS
Using not more than 5 pages (8.Sx11; 1 inch margins; 1 O point or larger font), describe
response.
11
as Submitter herein; that I submitted this infonnation on behalf of the Submitter, with full
affirmative representation that the infonnation provided is true and correct based on
Name o ~ Entity: -----------------------
By-=---::-,.--,--------
Date ____________ _
Original Signature
Title
Address
Submitter herein and affirmatively represent that the infonnation provided is true and
B y ~
Original Signature
Title
Address
12
(
b
)
(
6
)
(b) (6)
Rock Creek Park
3500 K. St., NW
Phone: (TBD)
Covering the Period (TSO) through December 31, 2014
1
due to transfer timing issues.
CONCESSION CONTRACT
TABLE OF CONTENTS
Table of Contents
-------
SEC. 2. DEFINITIONS ............................................................................................................................. 1
SEC. 3. SERVICES ANO OPERATIONS ............................................................................................. 3
(a) Required and Authorized Visitor Services .................................................................................... J
(c) Operating Plan .................................................................................................................................. 3
(d) Merchandise and Services ............................................................................................................. J
(e) Rates .................................................................................................................................................. 4
(a) Employees ......................................................................................................................................... 4
(a) Legal, Regulatory and Policy Compliance .................................................................................... 5
(b) Notice ................................................................................................................................................. 5
(b) Environmental Management Program .......................................................................................... 6
(d) Environmental Data. Reports, Notifications, and Approvals ...................................................... 7
( e) Corrective Action .............................................................................................................................. 8
(b) Director Review of Content.. ........................................................................................................... 9
TC-ROCR004 12 Draft Contriict Table of Contents
(d) Right of Entry .................................................................................................................................. 10
(f) Condition of Concession Facilities ................................................................................................ 10
(g) Utilities .............................................................................................................................................. 10
SEC. 9. MAINTENANCE ....................................................................................................................... 10
(a) Maintenance Obligation ................................................................................................................ 10
(b) Maintenance Plan ........................................................................................................................... 10
SEC. 10. FEES ........................................................................................................................................ 11
(a) Franchise Fee ................................................................................................................................. I I
(b) Payments Due ................................................................................................................................ 1 I
(c) Interest ............................................................................................................................................. I l
(a) lndemnification ................................................................................................................................ 12
(d) Property Insurance .................................................................................................. , ...................... 13
(a) Bonds ............................................................................................................................................... 14
(b) Lien ................................................................................................................................................... 14
(c) Other Financial Reports ................................................................................................................. I 5
(a) Suspension ...................................................................................................................................... 15
(b) Termination .................... , ................................................................................................................ 15
Draft Contract Table of Contents
EXHIBITS
EXHIBIT A: Operating Plan
EXHIBIT B: Nondiscrimination.
EXHIBIT C: Assigned Land. Real Property Improvements
EXHIBIT D: Assigned Government Personal Property
EXHIBIT E: Maintenance Plan
EXHIBIT F: Insurance Requirements
EXHIBIT G: Transition to a New Concessioner
THIS CONTRACT Is made and entered into by and between the United States of America, acting in this
WITNESS ETH:
future generations; and
NOW, THEREFORE, pursuant to the authority contained in the Acts of August 25, 1916 (16 U.S.C. 1, 2-
4), and November 13, 1998 (Pub. L. 105-391), and other laws that supplement and amend the Acts, the
SEC. 1, TERM OF CONTRACT
SEC. 2. DEFINITIONS
singular and the plural forms of the defined terms:.
rules, regulations, requirements and policies promulgated under those laws (e.g., 36 CFR Part 51),
sustainability of the Concessioner's operations. Sustainability of operations refers to operations that have
(d) "Concession Facilities" shall mean all Area lands assigned ta the Concessioner under this Contract
and all real property improvements assigned ta the Concessioner under this Contract. The United States
(f) "Director" means the Director of the National Park Service, acting an behalf of the Secretary of the
(h) "Gross receipts" means the total amount received or realized by, or accruing ta, the Concessioner
pursuant ta the rights granted by this Contract, including gross receipts of subcancessioners as herein
(1) lntracampany earnings on account of charges ta other departments of the operation (such as
laundry);
(2) Charges for employees' meals, lodgings, and transportation;
(4) Cash discounts an sales;
(5) Returned sales and allowances;
(6) Interest an money loaned or in bank accounts;
(7) Income from investments;
(8) Income from subsidiary companies outside of the Area;
(9) Sale of property other than that purchased in the regular course of business far the purpose of
resale;
actually due or paid government agencies;
(11) Receipts from the sale of handicrafts that have been approved far sale by the Director as
handicrafts.
Concessioner from coin-operated telephones shall be included In gross receipts. All revenues received
from charges far in-roam telephone or computer access shall be included in gross receipts.
(i) "Gross receipts of subconcessioners" means the total amount received or realized by, or accruing ta,
subcancessloners from all sources, as a result of the exercise of the rights conferred by a subconcession
contract. A subconcessioner will report all of its gross receipts ta the Concessioner without allowances,
U) "Subconcessianer" means a third party that, with the approval of the Director, has been granted by a
concessioner rights ta operate under a concession contract (or any portion thereof), whether in
(I) "Visitor services" means the accommodations, facilities and services that the Concessioner is required
and/or authorized ta provide by Section 3(a) of this Contract.
TC-ROCR004-12
, __ ______ 3
(a) Required and Authorb:ed Visitor Services
During the term of this Contract, the. Director requires and authorizes the Concessioner to provide the
""'"
I Service
i. DI)' storage of non-motorized ves
ii. T Non-motorized vessel rental
(2) Authorized Visitor Services. The Concessioner is authorized but not required to provide the following
Service
i.,
Vending machin<?
-
ii. Incidental retail __
'-:':':""'--
Ill. Instruction
of water and
(c) Operating Plan
The Initial Operating Plan is attached to this Contract as Exhibit A. The Director in his discretion, after
of the main body of this Contract
TC-ROCR004-12 Page4
resources or the Area's geology, wildlife, plant lire, archeology, local Native American culture, local ethnic
(e) Rates
All rates and charges to the public by the Concessioner ror visitor services shall be reasonable and
appropriate ror the type and quality of facilities and/or services required and/or authorized under this
accordance with Applicable Laws and guidelines promulgated by the Director from time to time.
(1) Subject to Section (f)(2) and (f)(3), in providing visitor services, the Concessioner must require its
services to the public including, without limitation, those set forth in Exhibit B.
(a) Employees
conditions, including, without limitation, those set forth in Exhibit B.
working environment for its employees. The Concessioner shall conduct appropriate background reviews
TCROCR004-12 Draft Contract Page5
~ ~ ~ ~ ~ ~ ~ ~
situation.
addition, the Concessioner shall establish a drug-free awareness program to inform employees about the
employee assistance programs, and the Concessloner's policy of maintaining a drug-free environment
(2) If the visitor services required and/or authorized under this Contract ars located in a remote or isolated
(b) Notice
All notices required by this Contract shall be In writing and shall be served on the parties at the following
Superintendent
TC-ROCR004-12
~ ~ ~ ~ ~
Roel< Creel< f'<Jl'k
3fA5 Wiliamsburg Lane, NW
Washington, DC 20008-'l 207
Draft Contract
~
(TBD)
"Environmental Management Objectives") In the conduct of its operations under this Contract:
Page 6
(1) The Concessioner, including its employees, agents and contractors, shall comply with all Applicable
Concessioner employees and contractors. The EMP shall include the designation of an environmental
TC-ROCR004"12 Draft Contract Page 7
be documented.
annually, In a manner consistent with NPS protocol regarding audit of NPS operations. The self-
describe procedures to be taken by the Concessioner to correct any deficiencies identified by the self-
assessment.
(d) Environmental Data, Reports, Notilicatlons, and Approvals
to the Director, at least annually, an Inventory of federal Occupational Safety and Health Administration
TC-ROCR004-12 Draft Contract Page B
(2) Even if not specifically required by Applicable Laws, the Concessioner shall comply with directives of
condition.
judgments (including, without limitation, fines and penalties) and expenses (including, without limitation,
this Contract.
arising out of the activities of the Concessioner, its employees, agents and contractors, as set forth in this
section, or correct any environmental self-assessment finding of non-compliance, in lull compliance with
Applicable Laws, the Director may, In its sole discretion and after notice to the Concessioner, take any
not disturbed or damaged by the Concessioner, Including the Concessioner's employees, agents and
Page 9
(2) The Concessioner may assist in Area Interpretation at the request of the Director to enhance visitor
materials, regardless of media format (i.e. printed, electronic, or broadcast media), to the Director for
Director; or
~ ~ ~ ~ ~ ~ ~ ~ ~ ~ - - - - ' - - ~ ~ - ' - ' - - ~
Pag"' 10
(d) Right of Entry
the Ares.
subsection (e)(2).
operable condition. If the property ceases to be serviceable, it shall be returned to the Director for
disposition.
(g) Utilities
Applicable Laws.
SEC. 9. MAINTENANCE
Subject to the limitations set forth In Section 8(a)(1) of this Contract, the Concessioner shall be solely
is set forth In Exhibit E. The Director in his discretion may make reasonable modifications to the
Draft Page 11
in furtherance of the purposes of this Contract and shall not be inconsistent with the terms and conditions
SEC. 10. FEES
(a) Franchise Foe
(1) For the term of this Contract, the Concessioner shall pay to the Director for the privileges granted
(b) Payments Duo
Concessioner In such a manner that the Director shall receive payment within fifteen (15) days after the
result of adjustments at the time of submission of the Concessioner's Annual Financial Report.
(c) Interest
interest charged will be based on the current value of funds to the United States Treasury as published
(d) Adjustment of Franchise fee
which have or will significantly affect the probable value of U1e privileges granted to the Concessioner by
TCROCR004-12

Draft Contract
Page!!.
(3) II the Concessioner and the Director agree that extraordinary, unanticipated changes have occurred,
agree that extraordinary, unanticipated changes occurred. II the negotiation results in agreement as to an
(5) II the negotiation does not result in agreement as to the adjustment of the franchise lee within this
unchanged) that Is consistent with the probable value of the privileges granted by this Contract within
(8) Any adjustment to the franchise fee resulting from this section shall b". prospective only.
SEC.11. INDEMNIFICATION AND INSURANCE
(a) Indemnification
of this Contract.
insurance coverages.
resulting from the acts or omissions of the Concessioner or its employees, agents or contractors, in
insured.
Concession Facilities for all or part of their replacement cost as specified in Exhibit Fin amounts no less
to be named insured as their interests may appear.
(a) Bonds
(b) Lien
the Concessioner used In performance of the Contract hereunder within the Area.
(1) The Concessioner shall maintain an accounting system under which Its accounts can be readily
maintenance obligations. The Concessloner's system of accounts classification shall be directly related
to the Concessioner Annual Financial Report Form issued by the Director.
such manner that there can be no diversion or concealment of profits or sxpensss in the operations
authorized under this Contract by means of arrangements for the procurement of equipment.
of a year as prsscribed by the Director ("Concessioner Annual Financial Report").
(2) If the annual gross receipts of the Concessioner are In excess of $1,000,000, the financial statements
TC-ROCR004-12
Accountants.
Accountants.
receipts, by an independent Certified Public Accountant.
its performance under the Contract or otherwise, including, but not limited to, operational information.
(a) Suspension
The Director may temporarily suspend operations under this Contract in whole or In part in order to
(b) Termination
(3) In the event of a breach of the Contract. the Director will provide the Concessioner an opportunity to
365.
(d) Requirements In the Event of Termination or Expiration
provided in this section, the Concessioner shall, at the Concessioner's expense, promptly vacate the
Area, remove all of the Concessioner's personal property, repair any injury occasioned by installation or
TC-ROCR004-12
depreciation or depreciation as shown on the Concessioner's Federal income tax return, whichever is
less. To avoid interruption of services to the public upon termination of this Contract for any reason or Its
the Concessioner ls not to continue the operations authorized under this Contract after Its expiration or
of this Contract.
Applicable Laws. Failure by the Concessioner to comply with Applicable Laws ls a material breach of this
Applicable Laws.
TC.ROCR004-12 Drott Contract
(d) The Concessioner is not entitled to be awarded or to have negotiating rights to any Federal
Concessioner.
U) The invalidity of a specific provision of this Contract shall not affect the validity of the remaining
(I) Claims against the Director (to the extent subject to 28 U S.C. 2514) arising from this Contract shall be
u.s.c. 2514.
dates shown below.
CONCESSIONER
y ~ ~ ~
[Name of signer]
Title:_...,... ____ _
Concessioner
UNITED STATES OF' AMERICA
By_,__--=----,--------
Jonathon B. Jarvis

DATE: -------- 20_ DATE: -------- 20_
DATE: --------' 20_
_______ A: Operating Plan
EXHIDIT A
OPERATING PLAN
Page A-I
----""'
1) Introduction ......................................................................................................................................... 2
2) M:rnagcmcut nesponsibilities ............................................................................................................. 2
A) Concessioner ...................................................................................................................................... 2
ll) Service ................................................................................................................................................ 2
3) General operating standards ;u1d rc<1uiren1cuts ............................................................................... 2
A) Season and Hours of Operation .......................................................................................................... 2
ll) Rates ... 0 ............................................................................................................................................... 3
E) Visitor Comments .............................................................................................................................. 4
Fl Human Resources Management ......................................................................................................... 4
Ol Risk Management Program ............................................................................................................ 5
H) Environmental Management .......................................................................................................... 6
Jl Emergency Services ........................................................................................................................... 6
Kl Public Relations ................................................................................................................................. 6
Ll Advertisements and Promotional Material ......................................................................................... 7
M) Lost and Found ............................................................................................................................... 7
N) General Policies .............................................................................................................................. 7
4l Specific Operating Standards and Requirements ............................................................................. 7
Al Non-motorized Boat Rental ............................................................................................................... 7
Bl Dry storage of non-motorized vehicles .............................................................................................. 8
C) Utilities ............................................................................................................................................... 8
D) Authorized Services ........................................................................................................................ 8
5) Reporting Requircmcnts ..................................................................................................................... 8
A) Concessioner Operational Reports ...................................... ............................................................... 8
TC-ROCR004-l 2 Exhibit A: Operating Plan Page A-?_
1) Introduction
This Operating Plan between [Com:cssiom:r Nrnnc I (hereinaf\er referred to as the "Concessioner") and the
National Park Service (hercinaf\er referred to as the "Service") describes specific operating
Creek Park (hcrcinatler referred to as the "Area") that arc assigned to the Concessioner for the purposes
ln the event of any conflict between the terms of the Contract and this Operating Plan, the terms of the
revised as determined necessary by the Superintendent of the Area. Any revisions shall not be
incornistcnt with the main body of this Contract. Any revisions must be reasonable and in furtherance of
2) Managgment Responsibilities
A) Concessioner
authori<:ed under the Contract;
(d) Has the responsibility for implementing the policies and directives of the Service.
general manager Is absent.
B) Service
(b) Review and approval of rates charged for all services;
3) General operating standards and reguiremgnts
September 3oth. The Concessioner may close on Federal holidays. Any deviation from this
TC.ROCR004 12 Exhibit A: ________ ,
B) Rates
(1) Rate Determination. All rates and charges to the public by the Concessioner must comply
with the provisions of Section 3(e) of the Contract, including (without limitation) Section 3(e)'s
will be conducted in accordance with Service guidelines. Selection of comparables is the
gathering information and data pertinent to selection of the comparables.
submission.
to be able to replicate results using methodology specified in the Rate Approval Guide, The
adjustment.
public health, fire safety, impacts on cultural and natural resources, correction of operating
its Exhibits.
(b) Contract Compliance Report. The Contract Compliance Report and rating will consider
such items as th" timely submission of annual financial report, timely submission of proof
TC-ROCR004"12
fahibit A: ----- , _____
(e) S?fety Inspections. The Concessioner must perform periodic interior and exterior safety
(g) Concessioner Envjronmental Evaluations. The Concessioner must self-assess its
E) Visitor Comments
services within 10 business days of receipt. The Concessioner must provide a copy of the
safety of Area resources to the Superintendent Immediately upon receipt.
Concessioner.
(2) Employee Condud. The Concessioner must review the conduct of any of its employees
Concessioner must take all actions needed to fully correct any such situation. Concession
expectation of employees should be clearly documented in writing.
titles, and contact information for all managers. This information will be provided to the
(4) Employee /-!iring Procedures
(b) Staffing Requirements. The Concessioner must hire a sufficient number of employees to
ensure high"quality visitor services throughout the operating season.
TC-ROCR004-12 Exhibit A: Operating Plan ______ , ______
possible. Prior to employment, the Concessioner must Inform employees of salary,
schedules, holiday pay, overtime requirements, and any possibility that less-than-fulHlme
(d) Background Checks. The Concessioner must ensure that comprehensive background
include: wanted notices/warrants check; local criminal history checks; federal criminal
records check; national multi-jurisdictional database and sexual offender search; social
security number trace; and driving history check. No 0mployee will be hired if they show
(e) Employment of Service employees or their family members. The Concessioner may not
(f) Drug-free Awareness and Testing Program. The Concessioner must provide its
(5) Training
(i) Safety. The Concessioner must train its employees annually in Its Risk Management
Program.
(ii) Environmental Training. The Concessioner must provide annual environmental
(iii) Job Training. The Concessioner must provide appropriate job training to each
(iv) Customer Service. The Concessioner must provide customer service and hospitality
(1) The Concessioner must develop, maintain, and Implement a Concessioner Risk Management
Order #SOB, Occupational Safety and Health Program. The Concessioner must submit its
(b) Inspections
(f) Training
(4) Receipts and records tor the disposal of waste oil and batteries will be maintained by the
(5) The Concessioner is responsible tor reporting any hazardous material spills to the Coast
(1) The Concessioner Is responsible for securing buildings, equipment, and facilities under its
control, and for providing and maintaining lire extinguishers, smoke detectors, and other
(2) The United States Park Police (202 619-7300) are responsible tor law enforcement, public
(3) The District of Columbia Fire Department is responsible for responding to all tires and
other incidents to the United States Park Police dispatcher by calling (202) 619-7300.
agencies.
applicable Fire and Life Safety Codes and that fire detection and suppression equipment is In
(3) Emergency Medical Care: The Service, In conjunction with cooperative arrangements
emergency medical care. Any injury sustained by a visitor or employee In a Concessioner
made to see that an employee certified In basic first aid and CPR is on site during all
K) Public Relations
(1) Required Notices. The Concessioner must prominently post the following notice at all
"This service is operated by (Concessioner's name), a Concessioner under contract with
responsible for conducting these operations in a satisfactory manner. Prices are <tpproved
Superintendent
1.c __ -R_C_X_'_R_Ol_M_ -_1_ 2 ________ j\'.<hibit A: Opernting Plan
Rock Creek Park
Page A-7
the Area, or concerning any Incidents occurring within the Area must be forwarded to the
Creek Park.
M) Lost and Found
N) General Policies
from the Service.
(2) Smoking Policy. All buildings within the Concession Facilities are designated as non-
smoking.
4) Specific Operating Standards and Reguiremgnts
A) Non-motorized Boat Rental
boat is in a sale operating condition. Rental boats must be maintained to the manufacturers
(2) Rental Agreements. The Conc0ssioner must execute written rental agreements, conforming
the Superintendent prior to adoption end use.
(3) Rental Registers. The Concessioner shall maintain accurate, up-to-date registers of boat
renters.
(a) The Concessioner is responsible tor ensuring that the renting operator is capable of
TC"ROCR004"12 Page A"8
rented. Instructions and information should include the boat and its equipment to include
type and size.
B) Dry storage of non"motorized vehicles
use.
C) Utilities
expense.
(1) Vending.
(b) Vending machines will be conveniently located, and ofa design and color which
(d) Signage on the machine may relate to Arca resource education themes or will be generic
in nature.
conserve energy.
(2) Instruction
(a) Non"motorized vessel use instruction is an authorized service, ex_ kayak, canoe, and
TC-ROCR004- l 2, ________ E_xl_1i_b1_1_A_:, SJperating Plan Page A-9
(1) The Seivice and/or its representatives will be allowed to inspect supporting documentation for
Seivice may request additional information regarding seivices, trends, etc., during the life
of this Contract,
ry Renters
_______
ayak Rentals
anoe Rentals
-
Ji':!mberofD
NumberofK
Number ofC
Number ofS
Gross Revcr
land-up Padsflc Boards
ll!C
,.
,,.

'" -
, __
certifications,
(c) Any inspection reports conducted by outside agencies (i.e,, fire department. OSHA, etc.)
ff>ROCR004-12 Exhibit B: Nondiscrimination
EXHIBIT 8
NONDISCRIMINATION
(a) Employment
Page B-10
employment. without regard to their race, color, religion, sex, age, national origin, or disabling condition.
transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of
compensation; and selection for training, including apprenticeship. The Concessioner agrees to post in
requirement.
for purposes of Investigation to ascertain compliance with such rules, regulations, and orders.
(7) In the event of the Concessioner's noncompliance with the nondiscrimination cla_uses of this Contract
Exhibit B: Nondiscrimination l a g ~ B.J J
~ ~ ~ ~ ~ ~ ~ ~ ~ - - ~ ~ ~ ~
The preceding provisions a(1) through a(B) governing performance of work under this Contract, as set out
(c) Facilities
nation al origin, or disabling condition:
program can be provided somewhere in an access Ible location. It also allows for a wide range of
methods and techniques for achieving the Intent of the law, and calls for consultation with disabled
TC-ROC!W04- l 2 ~ h i b i t 8: Nondiscrimination
-----
or service:
provided to others;
any aid, benefit. or service to beneficiaries of the recipient's program:
advisory boards; or
Land Assigned
Exhibit C: As.iigned Land & Real Property
EXHIBITC
Page C':.JJ_
TC-ROCR004-12
Doat
Storage
Location
Entrance Gate
Fenceline
Parking LOI
Potomac River
Boat
Storage
Location
Page C-14
Oi$trict of
Columbia
_T_C_'-_R_O_C_'R __ o_0_4_-_12 _______ E_1x_l_iil_.,,_1.c: A8signed Land & Real ____ 15
The following real property improvements are assigned to the concessioner tor use in conducting its
Bulkhead- Deck
Approved, effective------' 20 __
By: _____________ _
Jonathan B. Jarvis
TCROCR004-l 2 Exhibit D: Assigned Gov'/ Personal Properly Page D-16

EXHIBIT D
Government personal property is assigned to the Concessioner for the purposes of this Contract as
follows;
None.
Approved, effective------'

Jonathan B. Jarvis
Contract Exhibit A'-'-'Ta!Jle of' Contents
Table of Contents
INTROOUCTION ...................................................................................................................................... 1
PART A - (;F;N.ERAL ................................................................................................................................ l
1) General Concession Facilities Standards ........................................................................................................ !
2) Definitions ...................................................................................................................................................... I
3) Concessioner Responsibilities ..................................... : ................. , ................................................................ 3
A) In General ................................................................................................................................................... 3
B) Environmental, Historic, and Cultural Compliance .................................................................................. .4
5) Concessioner Inspections ............................................................................................................................... 4
6) Annual Concessioner Maintenance Plan (ACMP) ......................................................................................... 4
A) Maintenance Action lnformation ............................................................................................................... .4
B) Projected Maintenance Expenditures .............................................................. ' ........................................... 5
9) Service Rcsponsibilities .................................................................................................................................. 5
B) Evaluation of Concessioner Maintenance ................................................................................................... 6
INTRODUCTION
Contract Exhibit E: Mqi!!!@_ance Plan
EXHIBIT E
MAINTENANCE PLAN
the event of any apparent confiict between the terms of the Contract and this Maintenance Plan, the terms of the
PART A GENERAL
othe1wise defined in the Contract.
2) Definitions
In addition to the defined terms contained or referenced in the Contract, the following definitions apply to this
Maintenance Plan.
function such as an office building, lodge. motel, cabin, residence, campground, marina. etc.
Life. Component Renewal/Replacement examples include the replacement of roofs: electrical distribution
systems: heating and cooling systems; pavement replacement for roads, parking lots and walkways; and the
rehabilitation of windows andlor replacement of windows and doors. Component Renewal/Replacement includes
Maintenance will result In Deficiencies.
may consider raw materials acquisition, productions, manufacturing. packaging, distributions, reuse, operations,
environmental impacts of the product's manufacture, product toxicity, and product recycled content including post
recyclability and biodegradability. These include those products for which standards have been established for
operational needs of Concession Facilities. Typical work performed under Facility Operations Includes janitorial
C.F.R. pt. 261, 29 C.F.R. 1910.1200, or40 C.F.R. pt. 171, respectively.
Maintenance - The maintenance of Concession Facilities as described In this Maintenance Plan. Maintenance
Renewal/Replacement; Recurring Maintenance; Facility Operations; Preventive Maintenance; and Repair.
Personal Property - Manufactured items of independent form and utility Including equipment and objects solely
Inspection, lubrication, and adjustment.
Repair - Work undertaken to restore damaged oc worn out Assets or Components to a fully functional operating
condition.
IC-ROCR004-L?, __ _
Plan, does not include sewage, septic sludge, hazardous wasts, universal waste and miscellaneous maintenance
Sustainable Design - Design that applies the principles of ecology, economics, and ethics to the business Of
integrity, thus improving the environment, the economy and society,
environment; and preservation of human cultures, Sustainable practices allow for use and enjoyment by the
Universal Waste -Any waste as defined under 40 CFR 273. These include but are not limited to mercury-
nickel-cadmium and sealed lead-acid batteries and waste pesticides,
Waste Prevention - Any change in the design, manufacturing, purchase, or use of materials or products
A) In General
2) All Maintenance must be undertaken in accordance with Applicable Laws, including without limitation,
app/icablEI building end safety codE1s. All personnel conducting Maintenance must have the
appropriate skills, experience, licenses and certifications to conduct such work.
3) The Concessioner, where applicable, must submit project plans to the Service that are stamped by 11
Professional Engineer or Registered Architect licensed in the applicable State.
4) The Concessioner, where applicable, must obtain the appropriate permits reqwied by State or local
law, US. Environmental Protection Agency, and other regulatory agencies and provide copies of the
penmls to the Service.
mlnimiws environmental impact end utilizes principles of prevE1ntive maintenance, waste prevention
and reduction, sustainable design and sustainable practicestprincip!E1s and Incorporates best
6) The Conc.,ssioner must comply with the Americans with Disabilities Act and the Architectural Barriers
7) The Concessioner will not construct or install Capital lmprovemMts,
8) The Concessioner may perform emergency repairs without prior SE1rvice approval as long as
----- __ ,,J:ontmct E;.;./1ibit E: 1"k/if1.(wance Phm
2) The Service in cooperation with the Concessioner will determine what environmental compliance with
4) The Concessioner may be required to prepare an environmen'tal assessment, environmental impact
5) Congessioner Inspections
6) Annual Concessioner Maintenance Pli!n (ACMPl.
year. The ACMP must include the following information.
A) Maintenance Action Information,
1) Preventive Maintenance (PM). The proposed ACMP must include PM actions, procedures and
but not limited to, roots, building envelopes, and mechanical equipment.
T(.,!J_QCR004"/;J ---
/!,:thibi(Ji,: Maintetlf.Jt!.9e />/an
The ACMP must also include the Concessloner's estimated expenditures associated with the proposed
7) Annual Concessioner Malntenimce Reporting IACMRl
plan must include the specifications, item description, estimated date of replacement. estimated replacement
of replacement.
9) Service Rosporsibilities
Maintenance of Concession Facllltles.
record of Concession Facilities condition documenting the Concessloner's compliance with its obligation
Part B Table of Contents
PART B-SERVICK REQUIRED CONCESSIONER IU;SPONSIBlLlTmS .................................... l
1) Concessioner Responsibilities .................................................................................................................... 1
B) Office Structure
(3) The Concessioner must maintain end repair its personal property structure in good cond1lion including
all interior end exterior surfaces. Unless required more frequently per the manufacturer's
recommendations, the structure must be painted or stained on a rogul<ir cycle of three years, unless
written Service approval is given to postpone the activity. The Concessoner must obtain prior written
approve/ from t/1e Service for any changes to interior and exterior finishes from the color range or
types of materials ci1rrontly in use on the structure.
(4) The Concessioner must provide and maintain in a serviceable condition al/ interior safety equipment,
such as smoke detectors, fire extinguishern, and other appurtenances as necessary for the protection
of the public and tlie Concession Facilities.
(1) The Concessioner must keep all grounds within the Concession Facilities well maintained, properly
illuminated, uncluttered, and free of filter and debris. Vegetation - The Concessioner must perform all
mowing, weeding, trimming, watering, and other activities related to turf end vegetation care. The
Concessioner must request prior written approval from the Service for tt1e use of any chemicals,
fertilizer, pesticides, or herbickies prior to use.
any proposed landscaping work that will change, after, or modify the grounds
(1) The Concessioner must maintain all walkways within the Concession Facilities In good condition.
(2) The Concessioner must keep all roads, parking areas, and walkways within the Concession Facilities
In good condition including sweeping, , erosion control, and snow removal (the latter only if snow
occurs during Concessfoners operating season).. Alf walking surfaces, including roads and parking
aroas, must be clean and swept free of debris, obstacles, or other hazards.
( 1) The Concessioner must maintain the dock surface, flotation, and ramps in good repair, level, properly
The Concession must maintain the railings In good repair and sturdy enough to support visitor use.
F) Signs
Identifying the location of functions (when attached to Concession Facilities or on grounds assigned
Concessioner's rules or policies.
(2) The Concessioner must ensure signage is appropriately located, accurate, attractive and well
seven days. Signs that address a fife safety issue must be replaced immediately with "' professional
(3) The Concessioner must ensure that its signs comply with Service sign standards including but, not
limited to, Directors Order 52, Park Signage. The Concessioner must submit plans for all new sign
installations to the Service for approval before Installation. The Concessioner must not use
handwritten or typed signs within Concession Faci//ties without written Service approve/.
G) Utilities
Electrical: The Concessioner must maintain all electrical fines and equipment and all fixtures, including
street lamps, within the Concession Facifitles. The Concessioner must ensure that all electrical
cfrr;i1its under its control meet or exceed the standards of the National Electric Code.
T(,/1QCIW04- 12 {,:antract F\/Jjj1it E: Maily}enance o(('.Q.1,Jjgnts
end the inspector must certify to the Service that the installation meets code.
2) Service Responslbllltles
(1) The Service trims lmos and removes /Jazardous trees.
I) Signs
(1) The Service provides and maintains regulatory, traffic control, or information signs that serve the
interest of t/Je Service; examples include infotmation signs along roadways, directional signs along
The following chart summarizes the plan and reporting dates established by Parts A, B and C of this
Maintenance Plan.
Part A -Annual Concessione1 Maintenance Plan (ACMP) Annual October I
Part A - Anmiul Concessioner Maintenance Reporting (ACMR) Annual February I
Personal Property Report Annual October 1
TC-R/JC!UHJ4-12
PART C-CONCESSIONER ENVIRONMENTAL RESPONSIBILITIES ................................................................ 1
1 ) General ........................ , . , ................ , , , .................. , ................. , , .................... , , , , ................. , ...................... , , ..... 1
2) Air Quality ................................................ ,,,, .................................................................................. , .............. ,, 1
3) Environmentally Preferable Products, Materials and Equipment.. ................................................................ !
4) Hazardous Substances ................................................................................ , ................................................... 1
5) Hazardous, Universal and other Miscellaneous Maintenance Wastes ......................................................... !
6) Pest Management .......................................................................................................................................... 2
7) Sol id Waste ........ , .................... , , .................. , , , .............. , , , , ...................... , ................. , ........................ , . , ........... 2
8) Water and Energy Efficiency ........................................................................................................................... 3
9) Wastewater ............ , ................. , , , . , .................. , , .............. , , , , , ..................................... , ... , . , ................... , , ......... 3
_____ ,, Contr1w1 Exhibil_fj: Maintencmr:e P/an _______ ,,__ f!gg? EA71
PART C- CONCESSIONER ENVIRONMENTAL RESPONSIBILITIES
1) General
A) Concessioner responsibilities provided in Part B may provide more- specific and/or additional
identified in this part.
2) Air Quality
D) The Concessioner must not use halon fire suppression systems except as permitted by the Service.
3) Environmentally Preferable Products, Materials and Equipment
equipment include but are not limited to re-refined oils, re"tread tires, bio-based lubricants, low-toxicity
cleaners and chemical additives for toilets, low-toxicity and recycled antifreeze, safe alternatives to
ozone-depleting substances for HVAC equipment, construction and building materials with recycled
B) The Concessione.r must use polystyrene as little as possible and may not use polystyrene that contains
/\.) The Concessioner must minimize the use of Hazardous Substances for Maintenance purposes under this
D) The Concessioner must provide secondary containment for Hawrdous Substances storage where there
secondary containment for Hawrdous Substances located in outside storage areas, in interior storage
accordance with Section 6(d){1) of the Contract by March 1. The inventory must identify each substance,
5) Hazardous. Universal and Other Miscellaneous Maintenance W!'s!es
ll) The Concessioner must recycle Hazardous Waste, Universal Waste, and miscellaneous maintenance
solvents, used antifr86ze, paints, used batteries, and used fluorescent lamps (including CFLs).
_TC-ROCR004-l 2
recordkeeping.
El The Concessioner must manage Universal Waste (i.e., storage, labeling, employee training, and
disposal) in. accordance with federal Universal Waste regulations irrespective of Hazardous Waste
generator status.
6) Pest Management
7) Solid Waste
Litter Abatement
collection, storage and disposal of Solid Waste generated by Its facilities and services as well as the
transfer station.
(1) The Concessioner must locate its Solid Waste containers (i.e., cans, "rolloff' containers/dumpsters,
{1) The Concessioner must implement a source reduction program designed to minimize its use of
__ ContrqpLli.'.rhibil ILJfaintenancgj'lan
large Items such as computers and other electronics, white goods and other bulky items and others.
employees.
(5) Recycling containers must be waterproof, vermin-proof and covered with working lids as necessary to
maintain the quality of the recyclables for market and to prevent vermin from being attracted to the
It is encouraged that lids are provided with openings or holes siied to limit the types of materials
.deposited and to minimize contamination in recycling containers.
Composting
8) Water and Energy Efficiency
i\) The Concessioner must consider water and energy efficiency in all facility management practices and
B) In addition to meeting standards established in accordance with Applicable Laws, Concession Facilities
C) As new technologies are developed, the Concessioner must assess these opportunities and integrate
9) Wastewater
i\) The Concessioner must minimize impacts to water quality in maintenance under this contract through the
D) The Concessioner must prevent discharges to the sanitary sewer system that could result in pass through
DJ The Concessioner must minimize the storage of equipment and materials on the Assigned Facilities in a
EXHIBIT F
The Concessioner shall obtain and maintain during the entire term of this Contract, at its sole cost and
must provide the Service with a 30-day notice of cancellation on all liability and workers' compensation
insurance policies.
The amounts of Insurance, limits of liability, and coverage terms included are not intended as a limitation
operation of the concession at the Area. Nevertheless, ii the Concessioner purchases insurance in
as explained below.
(1) The Concessioner must obtain coverage for bodily Injury, property damage, contractual liability,
General Aggregate
Per Occurrence
Medical Payments
$2,000,000
$2,000,000
$1,000,000
$1,000,000
$5,000
$5,000
TC-ROCR004-12 Exhibll F: Insurance
---------?age F-5
hostile fire.
completed operations. Garagekeepers' liability Is to be included on a "direct" basis for all Concessioner
owned autos, coverage will be provided for "hired" and "non-owned" autos, "Symbols 8 & 9."
beverage.
Aggregate Limit
$
$
any watercraft.
Coverage will be provided for damage to property In the care, custody or control of the Concessioner.
Each Person Limit
Each Accident Limit
$
$
$
Concessioner maintains landing facilities for use by third parties. Hangerkeeper's liability shall be
~ ~ ~ w ~
automobiles.
(other than Covered Autos)
If owned vehicles are involved, liability coverage should be applicable to "any auto" ("Symbol 21 "),
maintained.
advertising injury liability in excess of scheduled underlying insurance. In addition, coverage must be at
(I) Care, Custody and Control--Legal Liability, i.e. Innkeeper's Liability (not applicable)
Coverage will be provided for damage to property In the care, custody or control of the concessioner.
Any one Guest
Any One Loss
$
$
ij) Professional Liability, e.g. doctors, barbers and hairdressers (not applicable)
Aggregate Limit
$
$
TC-ROCR004-12 Exhibit F: Insurance Pllge F-7
------
Aggregate Limit
$
$
If the Concessioner's operations include use of watercraft on navigable waters, a maritime coverage
(a) Bulldlng(s) and Contents Coverage
(1) Insurance shall cover buildings, structures, Improvements & betterments, and contents for all
(2) Coverage shall apply on an "All Risks" or "Special Coverage" basis and shall include coverage for
earthquake damage.
the insured property. The Concessioner must Insure inventory for 100% of the replacement cost
~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~
(7) The vacancy restriction and unoccupied restriction, ii any, must be eliminated for all property that
is less.
(9) Earthquake Coverage (ii applicable) must be maintained at the maximum limit available not to
increased cost Of construction and for the cost to replace the undamaged portion of a building
(2) The policy shall provide a limit at least equal to the lull replacement cost for all covered objects in
(5) If insurance is written with a different insurer than the Building(s) and Contents insurance, both
premises.
such property is at the project site, at temporary off-site storage, and while in transit. Coverage
(4) The amount of insurance should represent no Jess than 100% of the Replacement value of the
Business Interruption insurance and extra expense insurance covers the loss of income and
Anticipated annual gross revenue from operations $,--------
Less non-continuing expenses ($ _____ _
Annual Total $ ______ _
Divided by 12 $ _____ _
Times the number of months estimated to rebuild or repair $. ______ _
(f) Deductibles
exceed $50,000.
(1) Loss Payable Clause: A Joss payable clause, similar to the following, must be added to Buildings
"In accordance with Concession Contract No._ dated_, between the United States of America
insured under this policy is to be disbursed directly to the Concessioner without requiring
SEC, 4. CONSTRUCTION PROJECT INSURANCE
TC-ROCR004-12
Automobile Liability, Workers' Compensation and, if professional services are involved, Professional
States shall be covered In the same fashion as required in the Commercial Operator Insurance
SEC, 5. INSURANCE COMPANY MINIMUM STANDARDS
requirements applicable to the vendor's own insurance.
SEC. 7, CERTIFICATES OF INSURANCE
identification of the coverages, limits, and coverage amendments that are described above. In addition,
("AMB#"). The name, address, and telephone number of the issuing insurance agent or broker must be
will be attached to the appropriate certlficate(s) in order to provide the space needed to show the required
information.
In addition to providing certificates of insurance, the Concessioner, upon written request of the DireCtor,
shall provide the Director with a complete copy of any of the insurance policies (and all endorsements
thereto) required herein to be maintained by the Contract Including this Exhibit.
Exhibit.
Page F:L!.,
herein apply.
TCROCR004-l 2 &hibil G: Transition Page Ci-I
EXHIBITG
TRANSITION TO A Nl\W CONCESSIONER
SEC 1. GENERAL
The Director and the Concessioner horcby ag1'Ce that, in the event of the expiration or termination of this
Contract for any reason (hercinafler "Termination" for purposes of this Exhibit) and the Concessioner is
not to continue the operations authorized under this Contract afler the Termination Date, the Director and
conccssioners selected by the Director to continue such operations ("New Concessioner" for purposes of
this exhibit), to achieve an orderly transition of operations in order to avoid disruption of services to Arca
following tasks.
(I) The Concessioner shall continue to accept all future bookings for any hotel, lodging facilities, or other
facilities and services for which advance reservations are taken. The Concessioner shall not divert any
(2) Promptly following notification to the Concessioner by the Director of the selection of the New
Concessioner, the Concessioner shall provide the New Concessioner with a copy of Concessioner's
frequently than JO days) until the Termination Date. The reservation log shall include, without limitation,
advance deposit received, and confirmation number, if applicable.
(c) Designating a Point of Contact and Other Actions
(1) The Concessioner shall designate one of the Concessioner's executives as the point of contact for
communications between the Concessioner and the New Concessioner.
including "back-of-house areas." The Concessioner also shall provide the New Concessioner copies of
the keys to all Concession Facilities.
records, licenses, imd all other materials pertaining to all Concession Facilities and the Concessioner's
Exhibit G: Tnmsition Page G-2
( 4) The Concessioner shall provide the Director and the New Concessioner with copies of all maintenance
agreements, equipment leases (including shortwave radio), service contnicts, and supply contracts,
including contracts for OlHJt'dcr merchandise (collectively "contracts"), and copies of all liquor licenses
concessioncr's salaried and hourly e1nployecs, including seasonal c1nployecs, through a coordinated
(6) The Concessioner shall not enter into any contracts or agreements that would be binding on any
(:onccssion Facilities or concession operations in general after the rern1ination [)ate without the prior
(d) Fin11nci11l Reports
Within 30 days after receipt of the notification of the selection of the New Concessioner, the
the Concession Facilities and the Concessioner's operations in general as of the last day of the month
prior to receipt of such notification. The Concessioner, thereafter, shall update such financial report on a
periodic basis (but no less frequently than 30 days) until the Termination Date. Such financial report shall
accounts payable; and a schedule of pending accounts rccc.ivable.
() Personal Property List
The Concessioner shall provide the New Concessioner with a complete, detailed, and well-organized list
connection with its operations under the Contract (including a list of such items that arc on order). The
Concessioner must provide the list to the New Concessioner within 30 days following receipt of the
notification of the selection of the New Concessioner. The Concessioner, thereafter, shall update the list
(I) Other Information and Reports
Concessioncr"s operations for the period of one year prior to notification of the selection of the New
and closing procedures. The Concessioner must provide all such information within 30 days after receipt
less frequently than 30 days) until the Termination Date.
TC-ROCR004- l 2 Exhibit G: Transition Page G-3
-----
SEC. 3. COOPERATION UPON THE TERMINATION J)A TE
(a) Trausfer of Contracts aml Licenses
(b) ltcscrvation Systems
The Concessioner shall cooperate with the transfer of reservation information by:
Date;
(ii) Disconnecting its operations from the Conccssioner's centralized reservation system, if any;
and
(iii) Assisting the New Concessioner in transitioning to the New Coneessioner's reservation system.
(c) Fees und Payments
No later than l 0 days after the Termination Date, the Concessioner shall provide the Director with an
itemized statement of all fees <rnd payments due to the Director under the terms of the Contract as of the
Concessioner, within 10 days of its delivery to the Director of this itemized statement, shall pay such foes
required because of information that was not available at the time of'the statement.
( d) Access to Records
copies of all books, records, licenses, permits, and other information in the Concessioner's possession or
( e) Removnl of Marks
days atler Termination.
(I) Other Coopemtion
aggregate.
Service in 1999.
concessioner.
TC-ROCR004-12
Question Acquisrton and S!..artUp
Company Name (Insert Respondenfs Name)
CCNCID (Specify TC-ROCR004-12)
I AcguiS.o>Onand S1art-Up Cos!Su I
AJI amounts should be sl3red in 2012 dollars. All items must foot to sta!ement of Cash Flows
A Column 8 Sum of Co!umn A and B - -- -- - -
New
-
PERSONAL PROPERTY INVESTMENTS Existino {Lease, New) To!al Basis of Estimate (2)
Boats (kayalrws and double, canoes, standup p; $ s $
Furniture, Flxb.Jres, and EquFpment s s s
'
other (specify\ s s s i
Total Personal Property s $ s
other (specify) I s I s I s I I
T o!al Real Property S S $
WORKING CAPIT Al"'
Cash $ s $
Inventory and Supplies $ $ $
Othe< l<ru>rifu) $ s $
Total Working Capftal $ s $
Other (specify)
$ s --- s
TOT Al INVESTMENT $ s s
1. State only Ule amotJ nt needed to commence -operations. Show st.1bsequent changes on Statement of Cash Flaws.
2_ State clearly the bas1s for your esfimate. YaJJ may do so in this spreadsheet, or on a separate sheet shouki you need mere space.
Page 1 of6
TC-ROCR004-12
Company Name
CONCID
Revenue 1 nflation
Expense !nflation
Renial and Storage Fares
Revenue
(Insert Respondenfs Name)
(Specify TC-ROCR004-12)
1. If you use aS&.Jmptions other than those listed here, d_early sh01N au assumptions used fn developing reveri 1...<e
Page 2of6
Question A.s.su mptions
Company Name
CON CID
I income Statement
GROSS REVENUE
12
>
Fares
DIRECT EXPENSES
Salaries and Wages
Operating Supplies
Other Expenses
Total VTS Expenses
Admln & General Payroll
Energy & Utilities
Management Fae
Other (describe)
Total Und1str1buted Expenses
FIXED CHARGES
Insurance (J)
Other Fixed
Total Fixed Charoes
Interest Expense
Depreciation
Amortization
1\lr::.1 1 .......... 1 , 1 oc:rurr..t: 1 AXI::::;)
Income Tax
NET INCOME
Gross Revenue
Gross Receiots l'I
Basis of Estimate Ii)
Note
(1)
(1)
(1)
11)
11)
(1)
(1)
(1)
(1)
( 1)
(1)
(1)
(1)
(1)
(1)
(1)
(1)
(1)
(1)
(1)
11 \
(1)
From above
11 \
Page 3 of6
2 3
2011 2012 2013 2014
CONCID Specify TC-ROCR004-12
2 3
!income Statement Basis of Estimate Ill 2011 2012 2013 2014
Notes
3. Insurance: Building and contents as well as liability insurance as specified In the draft CONTRACT and Exhibits.
Worker's Compensation and health insurance should be included in the Payroll Taxes and Benefits amount
Page4 of6
TC-ROCR004-12
CO NC ID Specify T C-ROC R004-12
I Statement of Cash Flows I Basis of Estimate
11
1 I
0 perating Activities
Net Income
Gain/loss on Sale of Flxed Assets
Change in Working Capital
Other
Dividend
Proceeds from loans
Repayment of loans
Interest
Principle
Other (describe)
Conditfon Facility Improvement Program
Purchases of Assets over the term of the contract
Net cash used in investing activities
Total Cash Flow
Notes
[-- F i-ofllnifte lrlcoflle statement 1
From the Income Statement
(1}
(1)
(1)
I (l
1
l
(1)
(1)
(1)
(1)
(1)
(1)
(1)
Question Cash Flow
1 2 3
1. State clearty the basis for your estimate. You may do so in this spreadsheet, or on a separate sheet should you need more space.
Page 5 of6
TC-ROCR004-12
Provide tile folIDwi n-g additional wo!ksheets, and Unk as appropriate to the Statement of Cas.h Flows, lna::ime Statement
and Acquisition and Start-up Costs Schedule
1 Payroli and Staffing
2 .Adminlstration and Gen:eral
3 Depreciation and Amortization Scheduk>
5 Working Capital Assumptions
Page 60!6
Question Additional Worksheets
Providing
In
Rock Creek Park
1
concessioner.
Submitter.
2
law.
OPERATING HOURS
Office Hours:
9:00 a.m. - 5:00 p.m. Daily
Boat Rental:
9:00 a.m. - 5:00 p.m. Daily
Storage:
Year round service
3
..
Equipment Inventory Boats Stand-up Paddle Boards
, .. --- .... ,... -----'''"''""'"
Kayaks (single and double 175 10
canoes, etc ...
Rates: Boat Storage Monthly

-------1
Approx. 11 O spaces $50.00
(11 racks; 10 boats a rack)
" -
Rates: Boat Rentals Individual (max rent al 3 hours)
'"""
Adult $14.00

Children (7-12) $7.00
""'""'"w'"
,, ... , .....
..
Children (0-6) FREE
--- -
"'

this RFQ.
4
addressed to:
Steve LeBel
Information Sought
Personnel;
Financial capacity;
5
""
Trade Name,,Jf any*
-
Address
-
Telephone Number

, .., .....

Fax Number
-
Email Address

,,.,., . ., .. _

than the Offeror)
-

Tax ID Number

Years in business of the

-
Current Value of
Business
---
Role in Providing

-
If the sole proprietorship acts under a name other than that of its owner (i.e., does
6
entities.

Hm

-
Name of Entity anc
Trade
....

Address
--"'-"''' ..
______ , __,_,.,,,... ,,,,, ... ,
---'"'"'"""'
Telephone Number

... ..
Fax Number
.......
....
Email Address
"'"
Contact Person

'" -
Title
..

-' '"'"--
Tax ID Number
State of Formation
-
Date of Formation
-

OWNERSHIP NUM BER AND TYPE OF CURRENT VALUE OF
Names a"n(f'Addresses of
those with controlling Interest
business
and
Type(s)
OFFICERS AND
DIRECTORS OR
GENERAL PARTNERS OR
MANAGING MEMBERS OR
VENTURERS
----+---'
-
-----'-""w"'""
-
__ ,
_,
AND/OR
AFFILIATION
7
EXPERIENCE
PERSONNEL
8
Minim.um Qualification Information
~ ~ ~
- -
Relevant Experience Minimum Certifications (If
Qualifications Applicable)
f--- ~ . , , . , , , . , ...
""'
-='"""
'"'
... , .... ,,., ..
~ ~ .. -
manaaer
-
.. ~ ~ .... ..
-
General Manager
-
~ ' '"
Safety Manager
-
Contract
FINANCIAL CAPACITY
company?
U YES 11 NO
and/or work-out/loan modification transactions during the past 5 years. (If none. then so
appropriate.
9
-
following:
to the RFO:
10
may be added to adjust the number of years to the Draft Contract term. if necessary. If
you wish to provide additional Information, do so in additional spreadsheets, outside of the
ones provided. If additional information Is provided, clearly identify how it fits into the
PERSONAL PROPERTY NEEQEQ FOR THE OPERATIONS
Describe your existing owned or leased inventory of personal property (including o ~
Contract.
ABILITY TO MOBILIZE TO COMMENCE OPERA!IONS
Using not more than 5 pages (8.5x11; 1 inch margins; 1 O point or larger font), describe
response.
11
Name Entity:

Original Signature
Title
Address

Original Signature
Title
Address
12
1/2114 DEPARTMENT OF THE INTERIOR Mail Re: Rock Creek Park- TC-ROCR004-12
v
Re: Rock Creek Park -TC-ROCR004-12
LeBel, Steve <ste\_lebel@nps.gov.> Wed, Jan 30, 2013 at 11:50 AM
To: Michael Aghajanian <m.aghajanian@boatinginboston.com>
Thanks for your interest in this opportunity. Please direct all questions to me.
On Tue, Jan 29, 2013 at 9:49 PM, Michael Aghajanian <m.aghaj anian@boatinginboston.com> wrote:
Mr. LeBel,
Hello! I am Michael Aghajanian the president of a \teran owned small business who's focus is teaching
boating safety through boating rentals and instruction. We use kayaks, canoes, sailboats, SUPs and pedal
boats. We also have a very active Universal Access program that allows people with physical and mental
challenges the opportunity to get on the water in a safe environment.
I ha\ two previous staff members who have moved to the DC area and have brought this great opportunity to
my attention! In short we currently operate on waterfronts similar to Rock Creek with the Massachusetts
Department of Recreation and Conservation and the Uni\rsity of Massachusetts.
One of our sites is \ry similar in activity as Rock Creek where we have 150+ kayaks, canoes, pedal boats,
SUPs and sailboats.
It just so happens we have about 150 boats on hand with deliveries of 150 more coming in March and April. We
could mobilize without an issue on an opportunity like this.
I understand the RFQ is due by 5pm on Feb 6th.
I have already have had one of my business partners who works right across the way at George Town take
pictures and survey the site.
Who would direct questions about the site to?
We are very interested and want to make sure we submit a competiti'. RFQ and ha\ all the required
information.
-- Semper Fi
Michael Aghajanian, President
T: (617)299-3392x10 E: m.aghajanian@boatinginboston.com
http://www. BoatinglnBoston. com
rFacebook:l jTwitter:l
Steve LeBel
https://rnail .g oog le.com'rnai l/u/O/?ui " 2&i k'"f9191 ba2e4&'vievr- pt&search" sent&th" 13c8c5e17a4f9352 1/2
'l/2/H DEPARTMENT OF THE INTERIOR Mail" Re; RookCrookPark-TC-ROCROQ.1-12
Phone: (202) 619-7072
Fax: (202) 619-7157
The information contained in this message rnay be protected by attorney-client or other pri'iilege. It is intended
for the use of the indi\iduals to whom it is sent. Any pri'iilege is not wail.l:ld by 'iirtue of this having been sent by
e-mail. If the person actually recei'iing this message or any other reader of this message is not a named
recipient, any use, dissemination, distribution, or copying of this communication is prohibited. If you recei""' this
https ;/ /rtl!li I .g OC>g la. comtmai llu/Ol?ui = 2&i k- r9191 ba2"'1 &'1 aw" pt&soor ch= sont&th 13c8c5e1 "I a419352 212
1/2/14 DEPARTMENT OF THE INTERIOR Mail Re: RockCreekPark-TC-ROCROQ+12
Re: Rock Creek Park -TC-ROCR00412
LeBel, Steve <steve_lebel@nps.goV> Wed, Jan 30, 2013 at 12:58 PM
I'm in the office today@ 202.619.7072
If I've stepped away from the desk, leave a message and your phone number and I'll call you shortly thereafter.
On Wed, Jan 30, 2013 at 12:38 PM, Michael Aghajanian <m.aghajanian@boatinginboston.com> wrote:
Steve,
That was simple!
Is there a good time to chat on the phone?
On Wed, Jan 30, 2013 at 11:50 AM, LeBel, Ste-..e <steve_lebel@nps.goV> wrote:
On Tue, Jan 29, 2013 at 9:49 PM, Michael Aghajanlan <m.aghajanian@boatinginboston.com> wrote:
Mr. LeBel,
Hello! I am Michael Aghajanian the president of a -..eteran owned small business who's focus is teaching
boating safety through boating rentals and Instruction. We use kayaks, canoes, sailboats, SUPs and
pedal boats. We also have a very active Uni-..ersal Access program that allows people with physical and
mental challenges the opportunity to get on the water in a safe environment.
I have two previous staff members who have moved to the DC area and have brought this
great opportunity to my attention! In short we currently operate on waterfronts similar to Rock Creek with
the Massachusetts Department of Recreation and Conservation and the University of Massachusetts.
One of our sites is very similar in activity as Rock Creek where we have 150+ kayaks, canoes, pedal
boats, SUPs and sailboats.
It just so happens we have about 150 boats on hand with deliveries of 150 more coming In March and
Apri l. We could mobilize without an issue on an opportunity like this.
I have already have had one of my business partners who works right across the way at GeorgeTown take
pictures and survey the site.
We are very interested and want to make sure we submit a competitive RFQ and have all the required
information.
https://mail .g oog le.com'mail/u/O/?ui =2&ik-=f9191 ba2e4&\ilew= pt&search" sent&th= 13c8c9c1 dce605ca 1/2
1/2/14 DEPARTMENT OF THE INTERIOR Mail - Re: Rock Creek Park- TC-ROCR004-12
- Semper Fi
T: (617)299-3392x1 O E: m.aghajanian@boatinginboston.com
Facebook: Twitter:
Steve LeBel
Phone: (202) 619-7072
Fax: (202) 619-7157
The information contained in this message may be protected by attorney-client or other privilege. It is
intended for the use of the individuals to whom it is sent. Any privilege Is not waived by virtue of this having
been sent by e-mail. If the person actually receiving this message or any other reader of this message is
not a named recipient. any use, dissemination, distribution, or copying of this communication is prohibited.
If you receive this message in error, please contact the sender.
T: (617)299-3392x 10 E: m.aghajanian@boatinginboston.com
http://www.BoatinglnBoston.com
[Facebook: ] ~ w i t t e r
Steve LeBel
Phone: (202) 619-7072
Fax: (202) 619-7157
The information contained in this message may be protected by attorney-cli ent or other privi lege. It is intended
for the use of the indi\.iduals to whom it is sent. Any privilege is not waived by \.irtue of this having been sent by
e-mail. If the person actually recei\.ing this message or any other reader of this message is not a named
recipient, any use, dissemination, distribution. or copying of this communicati on is prohibited. If you receive thi s
https://mail.google.cooimail/u/O/?ui=2&ik=f9191ba2e4&\1evr- pt&search=sent&th=13c8c9c1dce605ca 212
1/2/14 DEPARTMENT OF THE INTERIOR Mail Re: FW: M--Non-motorized Boat Rental and Storage - Federal Business Opportunities: Opportuni ties
Re: FW: M
00
.. Non-motorized Boat Rental and Storage - Federal Business
LeBel, Steve <steve_lebel@nps.goV> Wed, Jan 30, 2013 at 2:52 PM
Please find a copy of the assignment .of the lease to NPF for the Jack's Boat House property attached. Our
Lands staff is researching your request for an approval document from the Fed. Highway Adm in .. which we will
pro'-Aded to you once located. Could you point us to the document requiring this approval?
On Tue, Jan 29, 2013 at 10:38 AM, Charles H Camp <ccamp@charlescamplaw.com> wrote:
Steve,
Can you send me now the actual assignment document and the approval by the FHWA I pre'-Aously asked
about?
Thank you.
Charles
.:; 1.
LAW OFFICES OF
CHARLES H. . CAMPPC
Charles H. Camp
Suite 115G
Tel 202.457.7786
https://mail .google.com'mall/u/O/?ui"2&i k=f9191ba2e4&\1ew=pt&search=sent&th" 13c8d04a85de1ace 1/3
1/2/14 DEPARTMENT OF THE INTERIOR Mail - Re: FW: M--Non-motorlzed Boat Rental and Storage Federal Business Opportunities: Opportunities
Fax 202.457.7788
Cell 301.461.0283
Sent: Tuesday, January 29, 2013 10:24 AM
To: Charles H Camp
Subject: Re: FW: M--Non-motorized Boat Rental and Storage - Federal Business Opportunities: Opportunities
We've had technical challenges posting to FedBizOps, which now links to FedConnect. The later post links to
our internal website, which has all of the documents. I have attached the files for your convenience.
On Mon, Jan 28, 2013 at 3:37 PM, Charles H Camp <ccamp@charlescamplaw.com> wrote:
Steve.
Charles
Charles H. Camp
Law Offices of Charl es H. Camp, P.C.
Suite 115G
Tel 202.457. 7786
Fax 202.457.7788
Cell 301.461.0283
---Original Message---
From: Charles Camp [mailto:ccamp@charlescamplaw.com]
Sent: Saturday, January 26, 2013 8: 21 AM
Subject: M-Non-motorized Boat Rental and Storage - Federal Business
https ://www.fbo.gov/i ndex?s=opportunity &mode=fonn&id=81467 4248439fa559852b46
33d959509& tab= core& tabmode= I is t& =
Charl es H. Camp
Suite 115G
Tel 202.457.7786
https://mail .g oog le.comlmail/u/O/?ui=2&ik=f9191 ba2e4&-..;ew=pt&search= sent&th= 13c8d04a85da1 ace 2/3
1/2/14 DEPARTMENT OF THE INTER.IOR Mall - Re: FW: M--Non-motorized Boat Rental and Storage- Federal Business Opportunities: Opportunities
Fax 202.457. 7788
Cell 301.461.0283
Steve LeBel
Phone: (202) 619-7072
Fax: (202) 619-7157
The information contained in this message may be protected by attorney-cl ient or other pril.Alege. It is Intended
for the use of the individuals to whom it is sent. Any pril.Alege is not waived by l.Artue of this hal.Ang been sent
Steve LeBel
Phone: (202) 619-7072
Fax: (202) 619-7157
The information contained in thi s message may be protected by attorney-cli ent or other privi lege. It is intended
for the use of the indil.Aduals to whom it is sent. Any pril.Alege is not waived by virtue of this hal.Ang been sent by
e-mail. If the person actually receiving this message or any other reader of this message is not a named
recipient, any use, di ssemination, distribution, or copying of this communication Is prohibited. If you receive this
Assignment of leases from DC to NPF.PDF
349K
https://mail.google.com/mall/u/O/?ui =2&ik=f9191ba2e4&\liew=pt&search"' Sent&th,,, 13c8d04a85de1ace 313
&H&
nf tlf.e ilfatrirt of <!tnlwnbia
Ofl'r'1Ctt OF THI! COA.POR.A.'T'ION COUNSEL
:l:OtJA,l'U.:
Cataline H.B. Gaudet, Esq.
Steptoe & Johnson. LLP
l 3 3 0 Connec1ic11t Avenue, N. W.
'41 .. 1 =;tT',, ti W, .
WASHllllUT"QN. D_ c.
***
Moreb 31, 2000
Re; Proposed AssignmeJlt of Leases from the District of
Columbia to the National Pl\Ik fcnmd11tion; Georgetown Paik
Dear Ca.reline:
't,MV<)<)

P.01
I
I
On behalf of the District of Columbia Office of Property Management ("OPM"), enclosdd as
requested are two copies of the of Leases that bave been properly '""'"'uted 611 behalf
of the District. It has been aple85Ufe W<>rking v.rith you on this matter. \
If you have any questio.ns or comments, please foci free to contact me at 724-5508.
Sincerely,
ROBERT R. RIGSBY
Acting Corpora 11 Counsel
BY:
EDWARDJ.RJCH
Assist.'<Ot Corporntion Co\Jllsel
Attaelm1ent
cc: Ed Scott, OPM
Sally Blurneulbai, NPS, 401-0017

'
,O,SSlGNMENT OF LEASES
I
DJ!S AS%f GNMENT OF LEASES (the "Assignment") is made as of this 30f'f-day of
_ .. ___ 2000, by nnd between TIIE DISTIUCT 01' COLUMBIA, a municipal
corporntiou (the "District" or" Assignor") and the NA'ITONAL PARK FOUNDATION, b
federally charlel'cd foundation, with an address of 1101-l 7th Street, N.W., WMhington, D .. C.
20036-4704 (rhe "Assignee").
WITNESS ETH:
. WHEREAS, by Resolution No. 6"284, approved September 10, 1985 (tlle "Resoljtion"),
the Council of the Disufor ofColuni.bla .Ctb.e purs;iant to misec'.ion
I of An Act to aurborlze the tnlmfc:r of 1unsd1ctioo. over public land m the D1smct of Cohnb10,
approved May 20, 19.32 (47 $tut. 161; D.C. Code 8-111), approved the ti:!UlSfor from the!
District to the Natlollal Pt>rl: Service (the ''NPS") of jurisdiction over certain parcels of I;;Jd
known as part ofGeorgelown Waterfront Park (the "OeorgctoWn Pat"k"), as sbown on plnth on
file with the District's Office of the SlllVeyor <JS S.O. 84-230, PlJ;l!Je I and Phase JI, for
park and recreationnl purposes, upon the satisfactions of all conditions to the ttansfer 11s set forth
in section 3 of the Resolution; a.i:id
WHEREAS, one of the conditions set forth in the Resolution wns the assignment bt the
District to NFS of existing District leases at Oeorgetotv.n Park, arid a commitment by NPS to use
the lease revenues for park devc:loprue.rlt lllld maintenance at the Georgetewn Park; and !
WHEREAS, tho District currently bas three leases (lhe."Leases") on. the Georgeto.Jn
Paik site; (l) Agreement of Lease, Referene No. 838.0552, dBted September 8, 1975, mrJJ
James E. Lewis. Sr., trading as Harbour Parking Company, (2) L0ase Agreement No. OLN'I
1008-73, dated October I, 1973, with Jolm W.BaxlerandNonna Lee Baxter, and (3)
Agreo1nent of Lease dakd September 5, 1985, witb Williamsbw:g, Inc. Copies of each of tliie
Leases are 11ttached hereto as Exhibit A; and I
I
WHEREAS, beeause NPS has dete.nuined that revenues received by NPS from the I
Leases could not be dedicated for development and maintenance ofGeorgetowu Park, Nl'S \
requested that the District assign the Lens"" to Assignee; and '
'
I
WHEREAS, the Council enacted Act No. !3252, tho:: "Tnmsfot of Jutisdiction over:
Georgetown Watei:front Pnrk for Public Park and Recreatioual Purposes, S.O, 84-230,
1
Emerg<:IJ."Y A"t of 1999", effective Janrnu:y 27, 2000, a.'1'\<lndi:::ig the Resolution to authorize lhe
District io a.sign the Leaiies to Assignee; and !
i
'
. WHEREAS, the Disufot ls willing to assign the Leases to Assignee, provided that upbn
such assigmnenc Assignee accept the Ieas"s and wiconditional!y lS9Ullws nll <'Jfthe I
\
'
- .. "t:t:J VV 11 .
l
I
. . . I
responsibilitiC1>, obligations, and liabilities of Assignor under the LensC1>, including and all
outstanding obligations and liabilities Assignor.
NOW, THEREFORE, in considet".ition of the foregoing and other good and valuable
consideration, the roceipt and sufficiency of which ure h'-Teby aclmowledged, tbe parii9s hereby
ai;ree as follows: '
1. The foregoitig incoxporat:'1 in and made a part of this to
the same extent !IS 1fherem se1 forth in full. \
. , I
2. The District does hereby assign the Leases to Assignee. Assignee does hqeby
accept the Leases and does unconditionally a.<;.:;umc all of the
obligations, and liabilities of Assignor under the Lease, including any and all
outslllnding obligations and liabilities of Assignor. Assignor hereby expr
1
sly
waives 1he right to receive from Assignor any security or g'l.mumtee
x:eferericcd in any of the Leases !hat may have been received by Assignor from
any of the Lessees (a. hereioa.fler defined), i.Qcluding ar1y interest that
3.
4.
s.
accrued on such deposit. '
Concurrent wi1h the <-'Xecution of this Assignment, the District shall delivefi to
wtitlc:ll to tho JC('.soos 1.mder tho Leases (rhe "Lessees'') in Ille
form attached as Exhibit B. Th" notloes shall provide that nlfrem paymentls due
after the effective date of the Assignment shall be sent to Assignee. To tbel extent
1J1at Assignor receives nny monthly t!l1t checks for aoy month after the effktive
date of the Assignment, Assignor aweet to foiward such rent checks to AsSignee.
To the extent Assignee receives any rent from Lessees in excess of that dud from
such for the period after the eUC<:tivc dnte of the .Assignment,
shall pay to Assignor that portion of1he excess relating to any rent due fi'on'I st1ch
Lessee prior to the date hereof Oess the reasonable expenses, if any, including
attorneys fees), incun'ed by A:<Siguor in the collection th=f. I
I
Eaoh party hereto represents and warranl.'l to the other as follows; (i) it is j
authorized to enter into, exootltc, and deliver I.his ksigtunent and perfonn
obligations herellllder, (ii) this Assignment is effective .o.nd allforecable h1 I
ncoonlance wit11 its temis; (iii) the pei:wn sigDing on the party's behalf is dn/y
authorized to exe.:inte Md (iv) no other signatures or appr:jvals
aro necessazy in order to make all of !.he representations of the parties contained in
this Assignment twe !Ille! correct. \
Assi&n0rrepresents to the best ofjt.<J knowledge that (I) there ls oo pending
threatened litigation, proceeding or investigation relating !O the and ii
hai; no1 received any lloticc of defoult from any Lessee under any Lease, whiph
has not been materially c\lflld or waived. I
'
2 I
7.
8.
I
I
I
1his Assigninimt shall be binding upon and si1a\i to lhe .. /ssignor,
Assignee, and their successorn and assigns. 1
This ASl>ignment shall be governed by and construed in accordance with le Jaw!:
of the District of Columbia. I
This Nisignmoot may be executed in two or more counterpart copies, of
which C-Ounterpans shall have the sanio force and effect as if all parties had
c,;ecuted a single copy of tho Assi!,,'lllllcnt.
IN WITNESS WRltREOF:
THE DISTRICT OF COLUMBIA has caused this Assisnmcnt of Leases be executed i!il its
name by
1
1J.,.,..-t f: IJeJrt,..,,..._, its Chief Property Management Officer, a.ud dccs
r,-0.ru;titute 1md [;, .. 1J ?/Je{r .,_,,,_ its tnle and lawful to
acknowledge and delivet this Assignment ofr...e.ases as its act and deed.
ASSIGNOR:
THE DISTRICT OF COLUMBIA
Wc:.---:-
Namc: - "'-
Tille: Chief Property Management Officer
Date: -,,..,,
............... -
THE NATJONAL PARK FOUNDATION has caused this Assignment of Leases to be siled by
lLS -re...- .1,.-,ut.t.g IL czo , t1> ;
. - __ _. ...... .:_ and does hCfeby appoint
f, true and lawful attomeyin-fuctto nckriowledgc and deliwr this
Assignment of Leases as its act Md deed.
ASSIGNEE:
THENA'.I'lONALPA.Rl{FOUNDATION
3
-V- _..,.., VVI j
Approved as to Legal Sufficiency:
Assistant Co1por:

DISTRICT OF COLUMBIA, ss:
I, a Notary Public in and. {m: the jurisdiction aforesaid, do hereby certify that
+lmrr.>CT? N.6pr.,, _,in his capa.city as the attorney-in-fact of the District of Columbia, the
Assignor in the foregoing instrnment, peJSQnally appeared before me jn said jntiscliction, >ll/d as
attomey-in,,fact of the Pilltriot ofCo]lll'llbia, and by virtue of the authority vested in him
Instrument acknowledged said Instrument to be the act and deed oftlie District of Columbia, and
that he delivered the same as such. I
WlTN;ESS my band and official seal day tooo.
My Commission Expires:
I
I
N otazy Public
i
I
I, a Notary Public in and for the jurisdiction aforesaid, do hereby certify that
-rn.r-.!SW>t& i r 'c.
0
of the National P11rk Foundatibn, the
Assignee in the foregoing instrument, appoated before mt> in said jutisdiction,/aud as
said 'T2.f.A '1.1.L<!.f and by virtue of the authority vested in bimlhm- hy Mid Iu.<ttument
ac:know1edged said Instrument to be the act and deed of said organization, and that I be/she
delivered the same as such. 1
I
WITNESS my hand ITTJd official seal this.,:<!5'. . day of
I

// b I /z oa"
4
I
I ,

Notary Public I
I
I
I
I
I
I
jTOTRL P.06
1/2114 DEPARTMENT OF THE INTERIOR Mall - Re: FW: M--Non-motorized Boat Rental and Storage Federal Business Opportunities: Opportunities
Re: FW: M--Non-motorized Boat Rental and Storage - Federal Business
LeBel, Steve <ste-.e_lebel@nps.goV> Wed, Jan 30, 2013 at 3: 03 PM
To: Charles H Camp <ccamp@charl escamplaw. com>
Bee: Tammy Stidham <tammy_stidham@nps.goV>
Thank you!
On Wed, Jan 30, 2013 at 2:56 PM, Charles H Camp <ccamp@charlescamplaw.com> wrote:
Ste-.e,
Thanks. The reference to the FHWA is in the September 2, 1987 letter from DC to Mr. Fish, which is the co-.er
letter to the May 18, 1987, "exchange of letters" letter you sent to me.
Charles
LAW OFFICES OF
CHARLES Ii CAMPPC
'
Charles H. Camp
Suite llSG
Tel 202.457.7786
Fax 202.457. 7788
Cell 301.461.0283
https://rnail.google.com'mail/u/O/?ui "' 2&ik:::of9191ba2e4&\1ew;pt&search=sent&th=13c8dOG3b7c56935 115
1/2/14 DEPARTMENT OF THE INTERIOR Mall - Re: FW: MNon-motorlzed Boat Rental and Storage- Federal Business Opportunities: Opportunities
sent: Wednesday, January 30, 2013 2: 53 PM
To: Charles H Camp
Subject: Re: FW: M-- Non-motorized Boat Rental and Storage - Federal Business Opportunities: Opportunities
Please find a copy of the assignment of the lease to NPF for the Jack's Boat House property attached. Our
Lands staff is researching your request for an approval document from the Fed. Highway Admin., which we will
pro\/ided to you once located. Could you point us to the document requiring this approval?
Steve,
Can you send me now the actual assignment document and the approval by the FHWA I pre'v1ously asked
about?
Thank you.
Charles
LAW OFFICES OF
CHARLES H CAMPPC
Charles H. Camp
Suite 115G
Tel 202.457. 7786
Fax 202.457. 7788
Cell 301.461.0283
https://mail .goog le.com'mai l/u/O/?ui 2&i k-f9191 ba2e4&\oiew= pt&search sent&th 13c8d0e3b7c56935
215
1/2/14 DEPARTMENT OF THE INTERIOR Mail - Re: FW: M--Non-motorlzed Boat Rental and Storage Federal Business Opportunities: Opportunities
To: Charles H Camp
Subject: Re: FW: M--Non-motorized Boat Rental and Storage - Federal Business Opportunities: Opportunities
We've had technical challenges posting to FedBlzOps,.whlch now li nks to FedConnect. The later post links to
our internal website. which has all of t he documents. I have attached the fil es for your con\19nience.
Ste\19,
Charl es
Charl es H. Camp
Law Offi ces of Charl es H. Camp, P.C.
1025 Thomas Jefferson Street , NW
Suite 115G
Tel 202.457. 7786
Fax 202.457.7788
Cell 301.461.0283
Message--
From: Charl es Camp [mailto:ccamp@charlescamplaw.com]
Sent: Saturday, January 26, 2013 8:21 AM
Subject: M- Non-motorized Boat Rental and Storage - Federal Business
Opportuniti es: Opportunities
https://www.1bo.gov/lndex?s=opportunlty&mode=form&id=814674248439fa559852b46
33d959509&tab=core&tabmode=list&=
Charles H. Camp
1025 Thomas Jefferson Street , NW
Suite 115G
Tel 202.457.7786
Fax 202.457. 7788
Cell 301.461.0283
hltps://mai l.google.com'mai l/u/O/?ui
0
2&i k=f9191ba204&"10w=pt&s0C1rch=sent&th=13c8d0e3b7c56935 315
1/2114 DEPARTMENT OF THE INTERIOR Mail - Re: FW: M Non-motorized Boat Rental and Storage Federal Business Opportuni ties: Opportunities
Steve LeBel
Program Manager, Office of Business Ser.Aces
Phone: (202) 619-7072
Fax: (202) 619-7157
for the use of the individuals to whom it is sent. Any privi lege is not wai'.ed by virtue of this having been sent
recipient, any use, dissemination, distribution, or copying of this communication Is prohibited. If you receive
Steve LeBel
Phone: (202) 619-7072
Fax: (202) 619-7157
for the use of the individuals to whom it is sent. Any privilege is not waived by virtue of this having been sent
by e-mail. If the person actually receiving this message or any other reader of this message Is not a named
this message In error, please contact the sender.
Steve LeBel
hltps://rnall .google.comimail/u/O/?ui;2&ik;; f9191ba2e4&1Aew=pt&search=sent&th"' 13c8d0e3b7c56935 4/5
1/2/14 DEPARTMENT OF THE INTERIOR Mall - Re: FW: M--Non-motorized Boat Rental and Storage- Federal Business Opportunities: Opportunities
National Capital Region, National Park Sel'\ice
Phone: (202) 619-7072
Fax: (202) 619-7157
The information contained in this message may be protected by attorney-client or other pri"11ege. It is intended
for the use of the indi\Aduals to whom it is sent. Any pri\Alege is not waived by \Artue of this ha"1ng been sent by
e-mail. If the person actually recei\Ang this message or any other reader of this message is not a named
recipient, any use, dissemination, distribution, or copying of this communication is prohibited. If you receive this
https://mail .g oog le.com'mai l/u/O/?ul=2&i k=f9191ba2e4&\1ew=pt&search sent&th= 13c8d0e3b7c56935 515
1/2/14 DEPARTMENT OF THE INTERIOR Mai l Re: RockCreekPark-TC-ROCROQ+12
LeBel, Steve <steve_lebel@nps.goV> Fri, Feb 1, 2013 at 11:56 AM
To: Michael Aghajanlan <m.aghajanian@boatinginboston.com>
Thanks for contacting us, Michael. You are not bound to use our actual docs, but may reproduce them exactly
for your use. There Is a concern that one might not exactly reproduce the document, and inadvertently not
include the entire RFQ. Please take care.
We would be pleased if you could include 5 copies of your response.
If you haw any other questions. please do not hesitate to contact us.
On Fri, Feb 1, 2013 at 11:41 AM, Michael Aghajanian <m.aghajanian@boatinginboston.com> wrote:
Stew,
I have a few questions as I prepare our response.
Do we need to use the RFQ and fill in the fields or can I use another separate piece of paper? ( of course all
typed/printed)
How many copies of the RFQ do you need?
Steve,
Thank you for your time today on the phone. I got the documents and will be submitting the RFQ in a few
days. Would it be good to meet in person and say hello before or when I submit the RFQ? I am not sure of
the rules.
Again thanksl
-Michael
On Wed, Jan 30, 2013 at 1:53 PM, LeBel, Steve <steve_lebel@nps.goV> wrote:
Steve,
That was simple!
https://mall .g oog le.com'mai l/u/O/?ui = 2&i k=f9191 ba2e4&..;ew= pt&search= sent&th= 13c96b030c65b352 1/4
1/2114
I I
DEPARTMENT OF THE INTERIOR Mai l - Re: Rock Creek Park- TC-ROCR004-12
On Wed, Jan 30, 2013 at 11 :50 AM, LeBel, Steve <steve_lebel@nps.gov> wrote:
Thanks for your interest in thi s opportunity. Please direct all questions to me.
On Tue, Jan 29, 2013 at 9:49 PM, Michael Aghajanian <m.aghajanian@boatinginboston.com> wrote:
Mr. LeBel,
I Hello! I am Michael Aghajanlan the president of a veteran owned small business who's focus is
teaching boating safety through boating rentals and instruction. We use kayaks, canoes,
sailboats, SUPs and pedal boats. We also have a very active Universal Access program that
allows people with physical and mental challenges the opportunity to get on the water in a
safe environment.
I ha'.A;! two previous staff members who ha\.e moved to the DC area and have brought this
great opportunity to my attention! In short we currently operate on waterfronts similar to Rock
Creek with the Massachusetts Department of Recreation and Conservation and the University of
Massachusetts.
One of our sites is very similar In activity as Rock Creek where we have 150+ kayaks, canoes,
pedal boats, SUPs and sailboats.
It just so happens we ha'A9 about 150 boats on hand with deliveries of 150 more coming in March
and April. We could mobilize without an issue on an opportunity like this.
i 1 ha'A9 already have had one of my business partners who works right across the way at
GeorgeTown take pictures and survey the site.
We are wry interested and want to make sure we submit a competitive RFQ and have all the
required information.
-- Semper Fl
[Facebook: I ~ w i t t e r I
Steve LeBel
Program Manager, Office of Busi ness Services
Phone: (202) 619-7072
Fax: (202) 619-7157
The information contained in this message may be protected by attorney-client or other privilege. It Is
' intended for the use of the individuals to whom it is sent. Any privilege is not waived by virtue of this
having been sent by e-mail. If the person actually receiving thi s message or any other reader of this
https://mail .g oog le.comtmall/u/O/?ul"' 2&ik"f9191 ba2e4&1Aevr-pt&search"' sent&th"' 13c96b030c65b352 214
1/2/14 DEPARTMENT OF THE INTERIOR Mail - Re: RockCreekPark-TC-ROCR004-12
message is not a named recipient, any use, dissemination, distribution, or copying of this
communication is prohibited. If you receive this message in error. please contact the sender.
[F acebook: I [Twitter: J
Steve LeBel
Phone: (202) 619-7072
Fax: (202) 619-7157
The information contained in this message may be protected by attorney-client or other It is
intended for the use of the individuals to whom it is sent. Any is not waived by of this
having been sent by e-mai l. If the person actually this message or any other reader of this
message is not a named recipient , any use, dissemination, distribution. or copying of this communication
is prohibited. If you receive this message in error, please contact the sender.
[Facebook: !Twitter: ]
1
Facebook: ] frwitter: J
Ste1ie LeBel
https://mail .g oog le.com'mail/u/O/?ui = 2&ik= f9191ba2e4&-Aew=pt&search=sent&th=13c96b030c65b352 314
1/2/14 DEPARTMENT OF THE INTERIOR Mail - Re: Rock Creek Park- TC-ROCRCJ04.12
Phone: (202) 619-7072
Fax: (202) 619-7157
The information contained in thi s message may be protected by attorney-cl ient or other privi lege. It is intended
for the use of the Individuals to whom it is sent. Any privi lege is not waiwd by virtue of this having been sent by
recipient. any use, dissemination, distribution, or copying of this communication is prohibited. If you receiw this
https://mail .g oog le.corrVmail/u/O/?ui = 2&1k= f9191 ba2ed&\olew= pt&search=sent&th= 13c96b030c65b352 414
Re: Rock Creek Park - TC-ROCR004-12
LeBel, Steve <steve_lebel@nps.goV> Mon, Feb 4, 2013 at 3:50 PM
FYI in general, the NPS specifies all aspects of the operation under the contract. If the concessioner has an idea
for any changes to service, facility, or interpretation of the contract, etc, NPS must approve before
implementation.
In ref. the RFQ, NPS desires non-motorized vessel rental and storage. This includes canoes, kayaks, and
SUPS.
On Mon, Feb 4, 2013 at 3:21 PM, Michael Aghaj anian <m.aghajanian@boatinginboston.com> wrote:
Steve,
Hello! Good talking to you today. Will canoes be expected or wanted by the NPS at this location? Or will it be
up to the vendor?
On Fri, Feb 1, 2013 at 11 :56 AM, LeBel , Steve <steve_lebel@nps.goV> wrote:
Thanks for contacting us, Michael. You are not bound to use our actual docs, but may reproduce them
exactly for your use. There is a concern that one might not exactly reproduce the document, and
inadvertently not incl ude the entire RFQ. Pl ease take care.
If you have any other questions, please do not hesitate to contact us.
On Fri , Feb 1, 2013 at 11:41 AM, Michael Aghajanian <m.aghajanian@boatinginboston.com> wrote:
Steve,
I have a few questions as I prepare our response.
Do we need t o use the RFQ and fill in the fields or can I use another separate piece of paper? ( of course
all typed/printed)
Steve,
Thank you for your time today on the phone. I got the documents and wi ll be submitting the RFQ in a
few days. Would it be good to meet in person and say hello before or when I submit the RFQ? I am not
sure of the rul es.
Again thanks!
https:l/mail .google.com1mail /u/O/?ui::2&ik::f9191ba2e4&-.1ei.v=pt&search=sent&th 13ca6f9d1a6b5a63 1/4
-Michael
On Wed, Jan 30, 2013 at 12:38 PM, Michael Aghajanian <m.aghajanian@boatinginboston.com>
wrote:
Steve,
That was simple!
On Wed, Jan 30, 2013 at 11 :50 AM, LeBel, Steve <steve_lebel@nps.goV> wrote:
On Tue, Jan 29, 2013 at 9:49 PM, Michael Aghajanian <m.aghajanian@boatinginboston.com>
wrote:
Mr. LeBel,
Hello! I am Mi chael Aghajanlan the president of a veteran owned small business who's focus is
teaching boating safety through boating rentals and instruction. We use kayaks, canoes,
sailboats. SUPs and pedal boats. We also have a very acti\A3 Universal Access program that
allows people with physical and mental challenges the opportunity to get on the water in a
safe environment.
great opportunity to my attention! In short we currently operate on waterfronts simi lar to Rock
Creek with the Massachusetts Department of Recreation and Conservation and
the University of Massachusetts.
One of our sites is very similar in activity as Rock Creek where we have 150+ kayaks, canoes,
pedal boats, SUPs and sail boats.
It just so happens we have about 150 boats on hand with deliveries of 150 more coming in
March and April. We could mobilize without an issue on an opportunity li ke this.
I understand the RFQ is due by Spm on Feb 6th.
I have already have had one of my business partners who works right across the way at
We are very interested and want to make sure we submit a competitive RFQ and ha\A3 all the
required information.
- Semper Fi
https://r"rall .g oog le.coov'mail /u/O/?ui = 2&i k=f9191 ba2e4&\1ew= pt&search=sent&th= 13ca6f9d1a6b5a63 214
1/211 4 DEPARTMENT OF THE INTERIOR Mail - Re: Rock Creek Park- TC-ROCR004-12
Facebook: Twitter:
Stew LeBel
Program Manager, Office of Business Ser\1ces
National Capital Region, National Park Ser\1ce
Phone: (202) 619-7072
Fax: (202) 619-7157
The Information contained in this message may be protected by attorney-client or other privi lege.
It Is intended for the use of the individuals to whom it is sent. Any pri\Alege Is not waived by
virtue of this having been sent by e-mail. If the person actually receivi ng this message or any
copying of this communication is prohibited. If you receiw thi s message In error, please contact
the sender.
Facebook: . [Twitter:
Stew LeBel
Phone: (202) 619-7072
Fax: (202) 619-7157
intended for the use of the individuals to whom it is sent . Any privilege is not waived by virtue of this
having been sent by e-mail. If the person actually receiving this message or any other reader of thi s
communication is prohibited. If you receiw this message in error, please contact the sender.
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1/2114
Facebook:
DEPARTMENT OF THE INTERIOR Mail - Re: Rock Creek Park - TC-ROCR004-12
Twitter:
facebook:
Ste\A3 LeBel
Phone: (202) 619-7072
Fax: (202) 619-7157
intended for the use of the individuals to whom it is sent. Any privilege is not wab.ed by virtue of this having
been sent by e-mai l. If the person actually receiving this message or any other reader of this message is
not a named recipient, any use, dissemination, distribution, or copying of this communication is prohibited.
If you recei\A3 this message in error, please contact the sender.
T: (617}299-3392x10 E: m.aghaj anian@boatinginboston.com
http://www. Boati nglnBoston. com
[Facebook: l witter: I
Steve LeBel
Program Manager, Office of Business Sennces
Phone: (202) 619-7072
Fax: (202) 619-7157
for the use of the individuals to whom it is sent. Any privilege is not wai1.oed by virtue of this having been sent by
e-mail. If the person actually receiving this message or any other reader of thi s message is not a named
recipient, any use, dissemi nation, distribution, or copying of this communication Is prohibited. If you receive this
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1/2114 DEPARTMENT OF THE INTERIOR Mail - Re: Rock Creek Park- TC-ROCR004- 12
LeBel, Steve <ste-.e_lebel@nps.goV> Mon, Feb 4, 2013 at 4:58 PM
Pedal boats, windsurfers, and sailing are not appro-.ed services under the contract.
I'd be happy to explain why once the RFQ closes.
On Mon, Feb 4, 2013 at 4:20 PM, Michael Aghajanian <m.aghajanian@boatinginboston.com> wrote:
Ste-.e,
What about pedal boats, sai ling and windsurfing? I would assume that is under the non-motorized term.
Thanks for the quick reply.
On Mon, Feb 4, 2013 at 3:50 PM, LeBel , Steve <steve_lebel@nps.goV> wrote:
FYI in general, the NPS specifies all aspects of the operation under the contract. If the concessioner has an
idea for any changes to service, facility, or interpretation of the contract, etc, NPS must approve before
implementation.
In ref. the RFQ, NPS desires non-motorized vessel rental and storage. This includes canoes, kayaks , and
SUPS.
On Mon, Feb 4, 2013 at 3:21 PM, Michael Aghajanian <m.aghajanian@boatinginboston.com> wrote:
Steve,
Hello! Good talking to you today. Will canoes be expected or wanted by the NPS at this location? Or will
it be up to the vendor?
On Fri, Feb 1, 2013 at 11:56 AM, LeBel , Steve <st eve_lebel@nps.goV> wrote:
Thanks for contacting us, Michael. You are not bound to use our actual docs, but may reproduce them
exactly for your use. There is a concern that one might not exactly reproduce the document, and
inadvertently not include the entire RFQ. Please take care.
If you ha\.e any other questions, please do not hesitate to contact us.
On Fri, Feb 1, 2013 at 11 :41 AM, Michael Aghajanian <m.aghajanian@boatinginboston.com> wrote:
Ste\.e,
I ha1,oe a few questions as I prepare our response.
Do we need to use the RFQ and fill in the fields or can I use another separate piece of paper? ( of
https://mal l .goog le.com'mai lflJ/Onui'" 2&i k;;;;f9191ba2e4&1Aew=pt&search=sent&th'" 13ca7381f740e91b 1/5
1/2/14 DEPARTMENT OF THE INTERIOR Mail Re: Rock Creek Park- TC ROCR004- 12
course all typed/printed)
On Wed. Jan 30, 2013 at 2:43 PM. Michael Aghajanian <m.aghajanian@boatinginboston.com>
wrote:
Steve,
Thank you for your time today on the phone. I got the documents and will be submitting the RFQ in
a few days. Would it be good to meet In person and say hello before or when I submit the RFQ? I
am not sure of the rules.
Again thanks!
I -Michael
On Wed, Jan 30, 2013 at 12:38 PM, Michael Aghajanian <m.aghajanian@boatinginboston.com>
wrote:
Steve,
That was simple!
On Wed, Jan 30, 2013 at 11:50 AM, LeBel , Steve <steve_lebel@nps.goV> wrote:
On Tue. Jan 29, 2013 at 9:49 PM, Michael Aghajanian <m.aghajanian@boatinginboston.
com> wrote:
Mr. LeBel,
Hello! I am Michael Aghajanian the president of a veteran owned small business who's
focus is teaching boating safety through boating rentals and Instruction. We use kayaks,
canoes, sailboats, SUPS and pedal boats. We also have a very active Universal Access
program that allows peopl e with physical and mental challenges the opportunity to get on
the water In a safe environment.
great opportunity to my attention! In short we currently operate on waterfronts similar to
Rock Creek with the Massachusetts Department of Recreation and Conservation and
the University of Massachusetts.
One of our sites is very similar in activity as Rock Creek where we have 150+ kayaks,
canoes, pedal boats, SUPs and sailboats.
It just so happens we have about 150 boats on hand with deliveries of 150 more coming in
March and April. We could mobilize without an issue on an opportunity like this.
hltps://mail .google.com'mail/u/O/?ui-2&ik=f9191ba2e4&\1ew=pt&searchsent&th13ca7361f740e91b 2/5
1/2/14
I I
I I
DEPARTMENT OF THE INTERIOR Mail - Re: Rock Creek Park- TC-ROCR004-12
I have already ha1,e had one of my business partners who works right across the way at
We are very interested and want to make sure we submit a competiti\A3 RFQ and ha1,e all
the required information.
- Semper Fi
[Facebook: ] [fwitter: ]
Ste1,e LeBel
Phone: (202) 619-7072
Fax: (202) 619-7157
The information contained in this message may be protected by attorney-client or other
privi lege. It is intended for the use of the individual s to whom it is sent. Any pri"11ege is not
waived by virtue of this having been sent by e-mail. If the person actually recei \1ng this
message or any other reader of this message is not a named recipi ent, any use,
dissemination. distribution, or copying of this communication is prohibited. If you receive
T: (617)299-3392x 10 E: m.aghajanian@boatinginboston.com
f ace book: J ~ w i t t e r ]
Steve LeBel
Phone: (202) 619-7072
Fax: (202) 619-7157
https://mail .google.com'mail/u/O/?ui=2&ik-f9191ba2e4&..,;ew=pt&search"'sent&th=13ca7381f740e91b 3/5
1/2114 DEPARTMENT OF THE INTERIOR Mall - Re: RockCreekPark-TC-ROCRQ04.12
The information contained in this message may be protected by attorney-client or other privilege.
It is intended for the use of the individuals to whom it is sent. Any privilege is not by
virtue of this having been sent by e-mail. If the person actually receiving this message or any
other reader of this message is not a named recipient. any use, dissemination, distribution, or
copying of this communication is prohibited. If you recei\e this message In error. please contact
the sender.
r acebook: I rrw1tter:
!Facebook: Twitter:
LeBel
Phone: (202) 619-7072
Fax: (202) 619-7157
The information contained in thi s message may be protected by attorney-client or other privilege. It is
intended for the use of the Individuals to whom it is sent. Any privi lege is not wal'.ed by virtue of this
having been sent by e-mail. If the person actually receivi ng this message or any other reader of this
message is not a named recipient, any use. dissemination, distribution. or copying of this
communication is prohibited. If you recel'..e this message in error, please contact the sender.
T: (617)299-3392x1 O E: m.aghajanian@boatinginboston.com
[Facebook: ] I
hltps://mail.google.com'mai l/u/O/?ui"'2&ik=f9191ba2e4&\1ew=pt&searchsent&th=13ca7381t740e91b 4/5
1/2114 DEPARTMENT OF THE INTERIOR Mall - Re: RockCreekPark-TC-ROCR004- 12
Ste\ LeBel
Phone: (202) 619-7072
Fax: (202) 619-7157
The information contained in this message may be protected by attorney-client or other privi lege. It is
intended for the use of the individuals to whom it is sent. Any privi lege is not wai\i0d by virtue of this having
not a named recipient, any use, dissemination, distribution, or copyi ng of this communication is prohibited.
If you recei\10 this message in error, please contact the sender.
iFacebook:l jTwitter: I
Stei.e LeBel
Phone: (202) 619-7072
Fax: (202) 619-7157
for the use of the individuals to whom it Is sent. Any privilege is not waii.ed by virtue of this having been sent by
recipient, any use, dissemination, di stribution, or copying of this communication is prohibited. If you recel\10 this
515
1/2/14 DEPARTMENT OF THE INTERIOR Mall - Re: Rock Creek Park- TC-ROCR004-12
Re: Rock Creek Park - TC-ROCR004-12
LeBel, Steve <steve_lebel@nps.goV> Tue, Feb 5, 2013 at 11 :56 AM
To: Michael Aghajanian <m.aghajanian@boatinglnboston.com>
In ref. 1) we are looking for financials for the potential Rock Creek site, rather than your existing business.
In ref. 2) 1100 Ohio Drive, SW Washington, DC 20242. This is the National Park Service, National Capital Region
HQ on Hains Point, next to the national US Park Police HQ. You can leave the package at the security desk as
you enter, or ask them to call me and I'll pick it up personall y at the desk.
On Tue, Feb 5, 2013 at 11 :25 AM, Michael Aghajanian <m.aghajanian@boatinginboston.com> wrote:
Steve,
Hope things are well today. I have two quick questions:
1.) The financial statements. Are aski ng for Revenue/ Expense Infl ation, Income statements and cash flows.
Are these only for the potential Rock Creek Site? Or should we do these for our existing business?
2.) I am hand delivering the our response for the RFQ tomorrow. Where should I deli\ler them to ensuring they
get in the right hands?
Facebook: ] Twitter:
Steve LeBel
Phone: (202) 619-7072
Fax: (202) 619-7157
The Information contained in this message may be protected by attorney-client or other privi lege. It is intended
for the use of the individuals to whom it is sent. Any privilege is not waived by virtue of this having been sent by
recipient , any use, dissemination, distribution, or copying of this communication is prohibited. If you receive this
https://mail .g oog le.com'mai l/u/O/?ui=2&1 k=f9191ba2e4&\Aew=pt&search=senl&lh=13cab49ef0b9c43f 1/1
1/2/14 DEPARTMENT OF THE INTERIOR Mall - Re: Rock Creek Park- TC-ROCR004-12
LeBel, Steve <steve_lebel@nps.goV> Tue, Feb 5, 2013 at 1 :34 PM
Sorry, I thought we corrected that. It should be 13-15, inc.
On Tue, Feb 5, 2013 at 1:09 PM, Michael Aghajanian <m.aghajanian@boatinginboston.com> wrote:
I am finishing up the financials and I noticed in the excel sheets the years are listed as 2011, 2012, 2013, 2014
Is this a mistake? I would assume so since the permit would be for 2013, 2014, 2015.
What should we do?
T: (617)299-3392x 1 O E: m.aghajanian@boatinginboston.com
Facebook:l ~ w i t t e r I
Steve LeBel
Phone: (202) 619-7072
Fax: (202)619-7157
The information contained in this message may be protected by attorney-client or other pri\iilege. It Is intended
for the use of the indi\Aduals to whom it is sent. Any pri\Alege is not waived by \iirtue of this ha\Ang been sent by
https ://mail .g oog le.com'mail/u/O/?ui =2&i k=f9191 ba2G4&"1evr-pt&search"' sent&th= 13caba344ae80c 1 a 1/1
1/2/14 DEPARTMENT OF THE INTERIOR Mail - Re: Rocl<creek
Re: Rockcreek
LeBel, Steve <steve_lebel@nps.goV> Wed, Feb 6, 2013 at 9:02 AM
Please seal the envelopes, thanks!
On Wed, Feb 6, 2013 at 8:59 AM, Michael Aghajanian <m.aghajanian@boatinginboston.com> wrote:
Steve.
I wi ll be dropping off 5 copies of our response today between 11 and
12. Do they need to be in sealed envelopes ?
Sent from my iPhone
Steve LeBel
Phone: (202) 619-7072
Fax: (202) 619-7157
The information contained in this message may be protected by attorney-client or other privi lege. It is intended
for the use of the indi\Aduals to whom it is sent. Any privi lege is not waived by virtue of this having been sent by
reci pient, any use, dissemination, distribution, or copying of this communication is prohibited. If you receive this
https://mail .g oog le.com'mail/u/O/?ui '"2&1 k=f9191 ba2e4&\oiew= pt&search=sent&th'" 13cafd0d4ad8aa89 1/1
1/2114 DEPARTMENT OF THE INTERIOR Mail - Re: M--Non-motorl zed Boat Rental and Storage - Federal Business Opportuniti es: Opportuniti es
Re: M--Non-motorized Boat Rental and Storage - Federal Business
LeBel, Steve <steve_lebel@nps.gov> Wed, Feb 6, 201 3 at 9:09 AM
To: Charles Camp <ccamp@charlescamplaw.com>
We continue to research our records.
On Tue, Feb 5, 2013 at 4:44 PM, Charles Camp <ccamp@charlescamplaw.com> wrote:
Steve,
Did you e\oer find the FHWA approval?
Thanks.
Charles
Charles H. Camp
Suite 115G
Tel 202.457. 7786
Fax 202.457.7788
Cell 301.461.0283
On Jan 30, 2013, at 3:03 PM, "LeBel, Steve" <steve_lebel@nps.gov> wrote:
Thank you!
On Wed, Jan 30, 2013 at 2:56 PM, Charles H Camp <ccamp@charlescamplaw.com> wrote:
Steve,
Thanks. The reference to the FHWA is in the September 2, 1987 letter from DC to Mr. Fish,
which is the cover letter to the May 18, 1987, "exchange of letters" letter you sent to me.
Charles

hltps://rr0il.google.com'mail/u/On ui;;2&ik=f9191ba2e4&\olew=pt&search=sent&th;; 13cafd7063e78b8c 1/5
1/2114 DEPARTMENT OF THE INTERIOR Mall - Re: MNon-motorized Boat Rental and Storage Federal Business Opportunities: Opportunities
Charles H. Camp
Suite 115G
Tel 202.457.7786
Fax 202.457.7788
Cell 301.461.0283
sent: Wednesday, January 30, 2013 2:53 PM
To: Charles H Camp
Subject: Re: FW: M--Non-motorized Boat Rental and Storage - Federal Business
Please find a copy of the assignment of the lease to NPF for the Jack's Boat House property
attached. Our Lands staff is researching your request for an approval document from the Fed.
Highway Adm in., which we will pro\.ided to you once located. Could you point us to the
document requiring this approval?
S t e ~
Can you send me now the actual assignment document and the approval by the FHWA I
pre'-1ously asked about?
Thank you.
Charles

Charles H. Camp
https://mall .g oog le.cOllVmai l/u/O/?ui= 2&i k=f9191 ba2e4&-..iew= pt&search,,,sent&th= 13cafd7063e78b8c 215
112/14 DEPARTMENT OF THE INTERIOR Mail Re: M--Non-rnotorlzed Boat Rental and Storage - Federal Business Opportunities: Opportunities
Suite 115G
Tel 202.457. 7786
Fax 202.457.7788
Cell 301.461.0283
To: Charles H Camp
Subject: Re: FW: M--Non-motorized Boat Rental and Storage - Federal Business
We've had technical challenges posting to FedBizOps, which now links to FedConnect. The
later post links to our internal website, which has all of the documents. I have attached the
files for your convenience.
Steve,
Charles
Charles H. Camp
Suite 115G
Tel 202.457.7786
Fax 202.457. 7788
1
Cell 301.461.0283
www.charl escamplaw.com
--Original Message--
From: Charles Camp [mailto: ccamp@charl escamplaw.com]
Sent Saturday, January 26, 2013 8:21 AM
Subject: M--Non-motorized Boat Rental and Storage - Federal Business
https ://www.fbo.gov/index?s =opportunity &mode=form&id=S 1467 4248439fa559852b46
33d959509& tab= core& tabmode=I ist&=
https://mail.google.corrvmail/u!O/?ui c:: 2&ik-f9191ba2e4&view;pt&search=sent&th"' 13cafd7063e78b8c 315
1/2/14 DEPARTMENT OF THE INTERIOR Mail - Re: M--Non-rrotorized Boat Rental and Storage- Federal Business Opportunities: Opportunities
Charl es H. Camp
Suite 115G
Washington. DC 20007
Tel 202.457.7786
Fax 202.457.7788
Cell 301 .461 .0283
Ste\ LeBel
I Deputy Associate Regional Director, Operations and Education
Phone: (202) 619-7072
Fax: (202) 619-7157
The Information contained in this message may be protected by attorney-cli ent or other
privilege. It is intended for the use of the individuals to whom it is sent. Any privilege is not
wai-.ed by virtue of this having been sent by e-mail. If the person actually receiving this
I
message or any other reader of this message is not a named recipient, any use,
dissemination, distribution, or copying of this communication is prohibited. If you recei-.e this
1
Ste-.e LeBel
I National Capital Region, National Park Service
Phone: (202) 619-7072
Fax: (202) 619-7157
hllps://mall .g oog le.com'mai l/u/O/?ui" 2&il-.f9191 ba.2e4&1Aew= pt&search"' sent&th= 13cafd70630 78b8c 4/5
1/2/14 DEPARTMENT OF THE INTERIOR Mail - Re: M--Non-motorlzed Boat Rental and Storage - Federal Business Opportunities: Opportunities
The information contained in this message may be protected by attorney-cli ent or other
privi lege. It is intended for the use of the individuals to whom it is sent. Any privilege is not
waived by virtue of this having been sent by e-mail. If the person actually receiving this
dissemination, distribution, or copying of this communication Is prohibited. If you receive this
Steve LeBel
Phone: (202) 619-7072
Fax: (202) 619-7157
The information contained in thi s message may be protected by attorney-client or other privilege.
It Is Intended for the use of the individuals to whom it is sent. Any privi lege is not waived by
other reader of this message is not a named recipient, any use, dissemination. distribution, or
copying of this communication is prohibited. If you receive this message in error, please contact
the sender.
Steve LeBel
Phone: (202) 619-7072
Fax: (202) 619-7157
for the use of the individuals to whom it is sent. Any pri\11ege is not waived by virtue of this ha"1ng been sent by
e-mail. If the person actually recei \1ng this message or any other reader of this message is not a named
recipient, any use, dissemination, di stribution, or copying of this communication is prohibited. If you receive this
https://mail.google,comimail/u/O/?ui=2&ik=f9191ba2e4&1AeVPpt&searchsent&th 13cafd7063e78b8c 515
(b) (6)
(b) (6)
(b) (6)
1/2/14 DEPARTMENT OF THE INTERIOR Mail - Re: Concession at Jacl<s Boathouse
Re: Concession at Jack's Boathouse
LeBel, Steve <steve_lebel@nps.goV>
To: "fred@DC-Cruises" <fred@dc-cruises.com>
Sorry Fred, responses to the RFQ closed yest erday at the close of business.
On Thu, Feb 7, 2013 at 3: 19 PM, fred@DC-Cruises <fred@dc-cruises.com> wrote:
Steve,
I just became aware of the bidding for a concession to operate the Jack's
Boathouse site.
Our company is very qualified, I belie1.e, to operate such a business. Is
it too
late to submit a bid?
If not, could you forward me the RFP or bid packet (I tried to locate it on
the
DOI website but was unsuccessful).
Thank you,
Fred Rapaport
Cel 917-842-8910
301-765-0750
www. DC-Cruises. com
--Original Message--
From: fred@DC-Cruises [mailto: fred@dc-crui ses.com]
Sent: Wednesday, September 12, 2012 12:14 PM
To: Steve_LeBel@nps.gov
Cc: 'fred@DC-Crui ses'
Subject: Change of Georgetown dock status
Steve,
Regarding our hallway conversation last week about the control/management of
the pier in Georgetown, are the meetings regardi ng such open to stakeholders
(including ourselves)? If yes, could you tell me when the next one will be
held?
Any additional info. on the topic would be greatly appreciated.
Thank you,
Fred Rapaport
Cel 917-842-8910
www.DC-Cruises.com
htlps://mall .g oog le.com'mai l/u/O/?ui = 2&1 k=f9191 ba2G4&"1ew-pt&search= sent&th= 13cb67 45a79c9df1
Thu, Feb 7, 2013 at 3:59 PM
117
1/2114 DEPARTMENT OF THE INTERIOR Mall - Re: Concession at Jacl<s Boathouse
Message--
From: Walter_McDowney@nps.gov [mailto:Walter_McDowney@nps.gov]
Sent: Monday, February 13, 2012 1:37 PM
To: fred@DC-Cruises
Cc: Steve_LeBel@nps.gov
Subject: RE: DC Cruises CUA application
Mr. Rapaport
Our records show you paid the fees required for the CUA and that it was sent
to: Capital Yacht Cruises at the 70576 Post Office Box in DC. We never
received the signed copy from you in order to present it to the
Superintendent for approval. As per our conversation, the document is
attached to this message. Please print it, sign it, and get it back to me.
I will , in tum, take it to the Superintendent for her approval. I will
also change the address and name to match that you suppli ed on your Annual
Survey for 2010.
Sorry for any inconvenience this mix-up may have caused. The attached CUA
will expire August 15, 2012. (See attached fil e: Capital Yacht
Charters CUA 2011.doc)
Walter E. McDowney (Mack)
Concessions Management Specialist
202-619-6349 Office
202-438-6615 Cell
EXPERIENCE YOUR AMERICA
The National Park Service cares for special places saved by the American
people so that all may experience our heritage.
"fred@DC-Cruises"
<fred@dc-crui ses.
com> To
<Walter_McDowney@nps.goV>,
02/13/2012 09:54 <Steve_LeBel@nps.goV>
AM cc
Subject
RE: DC Cruises CUA application
A possibl e cause for the missing document may be a change of mail ing
address.
Please note that our mailing address is now:
https://rrail .g oog le.com'mail/u/O/?ul= 2&1 ba2e4&\1ew= pt&search= sent&th= 13cb67 45a79c9df1
112/14
DC Cruises
P.O. Box 263
Cabin John, MD 20818
DEPARTMENT OF THE INTERIOR Mail - Re: Concession at Jacl<s Boathouse
-------------------------

I will be happy to pick up the documents as well.
Thanks again.
Fred
Cel 917-842-8910
www.DC-Cruises.com
-Original Message--
From: fred@DC-Cruises [mailto:fred@dc-cruises.com]
Sent: Sunday, February 12, 2012 8:01 PM
To: Walter_McDowney@nps.gov; Steve_LeBel@nps.gov
Cc: fred@DC-Cruises.com
Subject: RE: DC Cruises CUA application
Gentlemen,
We are unable to put our hands on our copy of the current CUA for the
Harbour Belle (DC Cruises) to utilize the pier in Georgetown.
I'm pretty sure we completed this application process last August, but not
100%.
Could you please send me a copy if we had completed it, otherwise let me
know what steps we need to take to complete it.
Thank you and apologies for our absent-mindedness!
Fred Rapaport
Cel 917-842-8910
301-765-0750
----Original Message---
From: Walter_McDowney@nps.gov [mailto: Walter_McDowney@nps.gov]
Sent: Friday, August 05, 2011 11 :29 AM
To: fred@DC-Cruises
Subject: Re: DC Cruises CUA application - suppl ementary training info.
Fred
Thanks for the Information. I can process your application with this
information. The training you prov;de your staff is very good. Even though
you didn't include copies of the actually manuals, once I receive your
signed CUA I will present it to the superintendent for her signature.
I'll let you know if she wants to see any of the manuals.
Walter E. McDowney
Concessions
Office of Business Sen.1ces
https:l/mail .google.com'mail/u/Onui"'2&ik=f9191ba2a4&1Aew=pt&searchsent&th"13cb6745a79c9df1 3/7
202-619-6349
The National Park Serv;ce cares for special places by the American
people so that all may experi ence our heritage.
"fred@DC-Crui ses"
<fred@dc-cruises.
com> To
<Walter_McDowney@nps.goV>
08/05/2011 10:18 cc
AM
Walter,
Subject
DC Cruises CUA appli cation -
supplementary traini ng info.
Our company now incorporates Passenger Vessel Assoc. (PVA) supplied Training
Manuals and videos (see attached pies) into our training program,
specifically including sections on Non-Marine Crew Traning Course, Deckhand
Traninig, Senior Deckhand Training, Marine Fire Safety, Line Handling, and
Lifesavi ng Equipment, as well as others.
Please let me know if any further information is req'd to fulfill our CUA
application.
Thank you,
Fred Rapaport
917-842-8910
- Original Message-
Sent: Wednesday, July 13, 2011 4:22 PM
To: fred@DC-Cruises
Subject: Re: DC Cruises application dropped yesterday
Fred
I did recei\e your application. I also processed the application and mailed
back the CUA for your signature.
Please pull together your safety plan for your operation which
will include what you will do in cases of emergenci es and man o\erboard. I
also need you to provide me with copies of the types of training you provide
https://mail.google.com'mall/u/O/?ui=2&ik:of9191ba2e4&\oiew;pt&search=sent&th=13cb6745a79c9df1
4f7
to your staff, other than first aid/CPR.
We ha-.e a new superintendent who sign the CUA unti l she has seen all
supporting documentation. Call me at 202-619-6349 or 202-438-6615, if you
ha-.e any questions.
Original Message ---
From: "fred@DC-Cruises" [fred@dc-cruises.com]
Sent: 07/ 13/2011 11 :00 AM AST
To: Walter McDowney
Cc: "'fred@DC-Cruises"' <fred@dc-cruises.com>
Subject: DC Cruises application dropped yesterday
Hi Walter,
I dropped off our application for a CUA at Georgetown pier yesterday (at the
Ohio Rd. address) with you name on it. Could you please confirm you recv'd
it?
Thank you,
Fred Rapaport
Cel. 917-842-8910
www.DC-Crui ses.com
- - Original Message---
From: Walter_McDowney@nps.gov [mailto: Walter_McDowney@nps.gov]
Sent: Wednesday, Apri l 27, 2011 9:31 AM
To: fred@DC-Cruises
Subject: RE: Commercial Use Authorization Annual Survey
As you requested:
(See attached fi le: CUA Application updated 4-07-11.doc) (See
. attached fi le: Letter to Applicant re Enclosed Application revised
4-07-201 1.doc)
I think this is all you wi ll need to get started.
Walter E. McDowney
Concessions
202-619-6349 office
202-438-6615 cell
The Nat ional Park Service cares for special places sa-.ed by the American
"fred@DC-Cruises"
<fred@dc-cruises.
https://rrai l .g oog le.com'maJl /u/onuii:: 2&ik=f9191 ba2e4&vlew= pt&search:::sent&th 13cb67 45a79c9df1 517
1/2/14
com>
DEPARTMENT OF THE INTERIOR Mail Re: Concession at Jacks Boathouse
To
<Walter_McDowney@nps.gov.>
04/26/2011 05:30 cc
PM
Subject
RE: Commercial Use Authorization
Annual Survey
Walter,
I've attached a completed survey for our company.
Could you also forward a blank application/renewal for use of the pier.
Thank you,
Fred Rapaport
DC Cruises
301-765-0750
--Original Message---
Sent: Tuesday, April 26, 2011 5:03 PM
To: fred@dc-cruises.com
Subject: Commercial Use Authorization Annual Survey
Fred
The form we talked about is attached. Thanks for giving this matter your
attention.
(See attached file: Commercial Use Authorization Annual Survey Form
ROCR.doc)
Walter E. McDowney
Concessions
1100 Ohio Dri-., SW
202-619-6349
202-438-6615 cell
Walter E. McDowney
https://rnail .g oog le.com'rnai l/u/O/?ui 2&i k-f9191 ba2e4&>iew- pt&search sent&th 13cb67 45a79c9df1 617
1/2114
Concessions
202-619-6349
DEPARTMENT OF THE INTERIOR Mail Re: Concession at Jacl<s Boathouse
[attachment "NPS annual surwy.doc" deleted by Walter McDowney/GWMP/NPS]
(See attached file: PVA Training Manual Cover.pdf)(See attached file: PVA
Video training pic.jpg)
Ste\.e LeBel
Phone: (202) 619-7072
Fax: (202) 619-7157
The information contained in this message may be protected by attorney-client or other pri\.ilege. It is intended
for the use of the indi\.iduals to whom It is sent. Any pri\.ilege is not waived by \.irtue of this having been sent by
recipient, any use, dissemination, distribution. or copying of this communication is prohibited. If you receive this
message in error. please contact the sender.
m
1/2/14 DEPARTMENT OF THE INTERIOR Mall - Re: RockCreek- More questions
Re: RockCreek - More questions
LeBel, Steve <ste\A9_1ebel@nps.gov> Fri, Feb 8, 201 3 at 1 :47 PM
To: Michael Aghaj anian <m.aghajanian@boatinginboston.com>
Mike:
Where their many RFQ responses? We're unable to disclose thi s information until the temporary
contract is executed.
The land around the site, is that NPS land? What about the bridge and the staircases up the bridge?
There is a tiny inholding adjacent to the boat house, private property (the townhouses, Potomac Boat
Club), NPS property, District of Columbia property, and District of Columbia easements .. ... all near the
boathouse.
The Docks, Shed and boat racks onsite are those NPS property? They are the personal property of the
current operator. Would the next vendor expect them to remain onsite? There is no such expectation.
Has the NPS given the current \A9ndor a date they need to leave by? Or would the NPS ha\A9 to wait
until the next award is gi\A9n? We will give the current operator legal noti ce after the contract is
executed.
Is there a plan by the NPS to clean up that land around the site? Property under the jurisdiction of the
NPS is clean, ex. Georgetown Waterfront Park.
On Fri, Feb 8, 2013 at 11 :46 AM, Michael Aghajanian <m.aghajanian@boatinginboston.com> wrote:
Steve,
Great talking to you! I some questions if you don't mind answering:
Where their many RFQ responses?
The land around the site, is that NPS land? What about the bridge and the staircases up the bridge?
The Docks, Shed and boat racks onsite are those NPS property? Would the next vendor expect them
to remain onsite?
Has the NPS given the current vendor a date they need to leave by? Or would the NPS have to wait unti l
the next award is given?
Is there a plan by the NPS to clean up that land around the site?
If it is easier to just call me an answer please do 508 579 4232.
T: (61 7)299-3392x10 E: m.aghajanian@boatinginboston.com
'Facebook: I Twitter:
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1/2/14 DEPARTMENT OF THE INTERIOR Mail Re: RockCreek- More questi ons
Steve LeBel
Phone: (202) 619-7072
Fax: (202) 619-7157
The information contained in this message may be protected by attorney-client or other pri\11ege. It is intended
for the use of the indi\1duals to whom it is sent. Any pri\11ege is not waived by \1rtue of this ha\1ng been sent by
e-mail. If the person actually recei\1ng this message or any other reader of this message is not a named
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1/2/14 DEPARTMENT OF THE INTERIOR Mail Re: RockCreek RFQ
Re: Rock Creek RFQ
Steve LeBel Fri , Feb 15, 2013 at 8:15 PM
To: Michael Aghajanian <m.aghajanian@boatlnginboston.com>
The responses are under revue at this time. We hope to conclude in the next couple of weeks.
On Feb 15, 2013, at 5:36 PM. Michael Aghajanian <m.aghajanian@boatinginboston.com> wrote:
Ste\e,
Just a friendly checkin on the status of the Rock Creek RFQ. Curious if there is any new news?
https:l/mail .google.com'mail/u/O/?ui=2&ik=f9191ba2e4&-.iew=pt&search=sent&lh=13ce0926650M5f6
1/1
1/2114 DEPARTMENT OF THE INTERIOR Mail Re: RockCreekRFQ
Re: Rockcreek RFQ
LeBel, Steve <steve_lebel@nps.goV> Fri, Feb 22, 2013 at 9:44 AM
Thanks for your inquiry, Mike.
The week has been rather eventful. The panel review is complete. We have a meeting with the Director of the
National Park Service next Monday afternoon to garner concurrence.
We expect to award the contract shortly thereafter.
Steve,
Hope your week has been uneventful! Just a friendly Friday check in to see how things are progressing with the
Rock Creek RFQ, if there is any news and things are on track.
T: (617)299-3392x 1 O E: m.aghajanian@boatinginboston.com
r acebook: 1 ~ w i t t e r J
Steve LeBel
Phone: (202) 619-7072
Fax: (202) 619-7157
for the use of the individuals to whom it is sent. Any privi lege is not waived by virtue of this having been sent by
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1/2/14 DEPARTMENT OF THE INTERIOR Mall - Re: RockCreek RFQ
Re: RockCreek RFQ
LeBel, Steve <steve_lebel@nps.gov> Fri , Feb 22, 2013 at 9:52 AM
It starts with a phone call , foll owed by a letter. We wl ll let you know if you are not selected.
Steve,
Great news. Will you send out letter via snail mail? Or will you send an email as well? I assume you will also
let the vendors know if they were not selected correct?
-M
On Fri, Feb 22, 2013 at 9:44 AM, LeBel, Ste\.e <ste..e_lebel@nps.gov> wrote:
The week has been rather eventful. The panel review is complete. We ha..e a meeting with the Director of
the National Park Service next Monday afternoon to garner concurrence.
On Fri, Feb 22, 2013 at 9:39 AM, Michael Aghajanian <m.aghajanian@boatinglnboston.com> wrote:
Ste..e,
Hope your week has been uneventful! Just a friendly Friday check in to see how things are progressing
with the Rock Creek RFQ, If there is any news and things are on track.
Michael Aghajani an, President
T: (617}299-3392x 10 E: m.aghajanian@boatinginboston.com
rFacebook: I Twitter:
Ste\.e LeBel
Phone: (202) 619-7072
Fax: (202) 619-7157
The information contained in this message may be protected by attorney-client or other privi lege. It is
intended for the use of the individuals to whom it is sent. Any privil ege is not waived by virtue of this having
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1/2/14 DEPARTMENT OF THE INTERIOR Mail - Re: RockCreek RFQ
been sent by e-mai l. If the person actuall y receiving this message or any other reader of this message is
Facebook: I Twitter:
Steve LeBel
Phone: (202) 619-7072
Fax: (202) 619-7157
for the use of the individuals to whom it is sent. Any privilege Is not waived by vi rtue of this having been sent by
reci pi ent , any use, dissemination, distribution, or copying of this communication is prohibited. If you receive this
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(b) (6)
112/14 DEPARTMENT OF THE INTERIOR Mail - Re: RockCreekRFQ
On Fri, Feb 22, 2013 at 9:39 AM, Michael Aghajanian <m.aghajanian@boatinglnboston.com> wrote:
Steve,
Hope your week has been uneventful! Just a friendly Friday check in to see how things are
progressing with the Rock Creek RFQ, if there is any news and things are on track.
http://www. Boating In Boston. com
1
Facebook: fr witter:
Steve LeBel
Phone: (202) 619-7072
Fax: (202) 619-7157
Intended for the use of the individual s to whom It Is sent. Any privi lege is not waived by virtue of this
having been sent by e-mail. If the person actually receiving this message or any other reader of this
communication is prohibited. If you receive this message in error, please contact the sender.
T: (617)299-3392x 10 E: m.aghaj anian@boatinginboston.com
Facebook: !Twitter:
1
Steve LeBel
National Capital Region. National Park Service
Phone: (202) 619-7072
Fax: (202) 619-7157
intended for the use of the individuals to whom it is sent. Any privilege is not waived by virtue of this
message is not a named recipient. any use, dissemination, dist ribution, or copying of this communication
is prohibited. If you recei \ this message in error, please contact the sender.
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1/2114 DEPARTMENT OF THE INTERIOR Mall - Re: Rocke reek RFQ
http://www. BoatinglnBoston .com
!Facebook:l fTwitter:J
fFacebook:J
Ste\e LeBel
Program Manager. Office of Business Services
National Capital Region, National Park Sel".Ace
Phone: (202) 619-7072
Fax: (202)619-7157
The information contained in this message may be protected by attorney-cli ent or other privilege. It is intended
recipient, any use. dissemination. distribution. or copying of this communication is prohibited. If you receive this
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(b) (6)
(b) (6)
112114 DEPARTMENT OF THE INTERIOR Mail Re: RockCreekRFQ
selected.
On Fri, Feb 22, 2013 at 9:46 AM, Michael Aghajanian <m.aghajanian@boatinginboston.
com> wrote:
Steve,
Great news. Will you send out letter via snail mail? Or will you send an email as well? I
assume you will also let the vendors know if they were not selected correct?
-M
On Fri, Feb 22, 2013 at 9:44 AM, LeBel, Steve <steve_lebel@nps.gov.> wrote:
The week has been rather eventful. Tue panel re'view is complete. We have a
meeting with the Director of the National Park Ser'vice next Monday afternoon to
garner concurrence.
On Fri, Feb 22, 2013 at 9:39 AM, Michael Aghajanian
<m. aghajanian@boatinginboston.com> wrote:
Steve,
Hope your week has been uneventful! Just a friendly Friday check in to see how
things are progressing with the Rock Creek RFQ, if there is any news and things
are on track.
IFacebook:l Twitter:
Steve LeBel
National Capital Region, National Park Ser'vice
Phone: (202) 619-7072
Fax: (202) 619-7157
The information contained in this message may be protected by attorney-cli ent or
other privilege. It is intended for the use of the indivi duals to whom it is sent. Any
pri'vilege is not waived by virtue of this ha'ving been sent by e-mai l. If the person
actually recei'ving this message or any other reader of this message is not a named
recipient. any use, dissemination, distribution, or copying of this communication is
prohibited. If you receive this message in error, please contact the sender.
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T: (61 7)299-3392x10 E: m.aghajanian@boatinginboston.com
Facebook: jTwitter:
Steve LeBel
Program Manager, Office of Business Ser'\Aces
' National Capital Region, National Park Ser'\Ace
Phone: (202) 619-7072
Fax: (202) 619-7157
The information contained in this message may be protected by attorney-cli ent or other
privilege. It is intended for the use of the individuals to whom it is sent. Any pri\Alege is
not waived by virtue of this having been sent by e-mail. If the person actually receiving
this message or any other reader of this message is not a named recipient, any use,
dissemination, distribution, or copying of this communication is prohibited. If you receive
[Facebook: j h-witter:
fFacebook: ] Twitter:l
Steve LeBel
Deputy Associ ate Regional Di rector, Operations and Education
Program Manager, Office of Business Ser'IAces
Phone: (202) 619-7072
Fax: (202) 619-7157
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1/2/14 DEPARTMENT OF THE INTERIOR Mail Re: RockCreek RFQ
The information contained in thi s message may be protected by attorney-cli ent or other privil ege.
It is intended for the use of the individuals to whom it is sent. Any privilege is not wai\.ed by
other reader of this message is not a named recipi ent, any use. dissemination. distribution, or
copying of this communi cation is prohibited. If you receive this message in error, please contact
the sender.
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(
b
)
(
6
)
(b) (6)
(b) (6)
1/2114 DEPARTMENT OF THE INTERIOR Mall Re: RockCreekRFQ
Phone: (202) 619-7072
Fax: (202) 619-7157
The information contained in this message may be protected by attorney-cli ent
or other prl\Alege. It is intended for the use of the individuals to whom it is sent.
Any privilege is not waiwd by virtue of this having been sent by e-mail. If the
person actually receiving this message or any other reader of this message is
not a named recipient, any use, dissemination, distribution, or copying of this
communication is prohibited. If you recei ve thi s message in error, please
contact the sender.
T: (617)299-3392x10 E: m.aghajanian@boatinglnboston.com
Facebook: Twitter:
Steve LeBel
Phone: (202) 619-7072
Fax: (202) 619-7157
The information contained in this message may be protected by attorney-client or
other privilege. It is intended for the use of the individuals to whom it is sent. Any
privilege is not waived by virtue of this having been sent by e-mail. If the person
actually receiving this message or any other reader of this message is not a named
recipient, any use, dissemination, distribution, or copying of this communication is
prohibited. If you receive this message in error, please contact the sender.
!Facebook: J
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Facebook: Twitter:
Steve LeBel
Phone: (202) 619-7072
Fax: (202) 619-7157
wai\ed by virtue of this having been sent by e-mail. If the person actually receiving this
JFacebook:
' .
Twitter:
iFacebook: I (T"witter: J
Steve LeBel
National Capital Regi on, National Park Service
Phone: (202) 619-7072
Fax: (202) 619-7157
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1/2/14 DEPARTMENT OF THE INTERIOR Mail - DRAFT for }OOr
DRAFT for your Review
LeBel, Steve <ste\1;l_lebel@nps.goV> Thu, Feb 28, 2013 at 11 :21 AM
To: Susan Newton <snewton@natlonalparks.org>
Per our telecon. Does not inc. Solicitor comments.
Ste\1;l LeBel
Phone: (202) 619-7072
Fax: (202) 619-7157
The information contained in this message may be protected by attorney-client or other pri\oilege. It Is intended
for the use of the indi\oiduals to whom it is sent. Any pri\oilege is not wai\1;ld by \oirtue of this ha\oing been sent by
e-mail. If the person actually this message or any other reader of this message is not a named
recipient , any use, dissemination, distribution, or copying of this communication is prohibited. If you this
2.27.13 Draft Simkin Vacate Notice CLEAN.docx
18K
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112/14 DEPARTMENT OF THE INTERIOR Mai l - DRAFT Fi.nal Vacate Notice
DRAFT Final Vacate Notice
LeBel, Steve <ste\13_lebel@nps.goV> Thu, Feb 28, 2013 at 3:28 PM
Sorry we've been unable to connect. I understand you've been on another urgent call. Please fi nd the fi nal draft
of the Vacate noti ce attached. It has been revi ewed by the Assistant USA Attorney, Opet. of Justice. Is NPF
wi lling to concur? We will send for NPF signature tomorrow.
Steve LeBel
Program Manager, Office of Busi ness Services
Phone: (202) 619-7072
Fax: (202) 619-7157
recipient, any use, dissemination, distribution, or copying of this communi cation is prohi bited. If you recei\13 this
2.27.13 Draft Simkin Vacate Notice CLEAN AUSA edits.docx
19K
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1/2114 DEPARTMENT OF THE INTERIOR Mail - Dock Photos
Dock Photos
LeBel, Steve <steve_lebel@nps.goV> Fri , Mar 1, 2013 at 10:20 AM
To: Mike Aghajanian <michael@boatinginboston.com>
Attached
Steve LeBel
Phone: (202) 619-7072
Fax: (202) 619-7157
for the use of the indilAduals to whom it is sent. Any prilAlege is not waived by IArtue of this halAng been sent by
e-mail. If the person actually recei"1ng this message or any other reader of this message is not a named
16 attachments
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112114 DEPARTMENT OF THE INTERIOR Mail - Re: Final Draft Perfected Siml<in Vacate Notice
Re: Final Draft Perfected Simkin Vacate Notice
LeBel , Steve <ste-.e_lebel@nps.goV> Fri, Mar 1, 2013 at 10:49 AM
To: Susan Newton <snewton@natlonalparks.org>
Bee: Philip Selleck <Phl ll p_Selleck@nps.goV>
Outstanding, thanks!
On Fri, Mar 1, 2013 at 10:04 AM, Susan Newton <snewton@nationalparks.org> wrote:
Thanks, Steve. I' m not in the office today, but I beli eve Neil is. I'l l gi ve him a heads up you pl an to come
by.
Susan
Sent: Friday, March 01, 2013 10:02 AM
To: Susan Newton
Cc: Steve Whitesell
Subject: Final Draft Perfected Simkin Vacate Notice
This Is the notice we plan to dell-.er to Simkin and his attorney early this. afternoon. I will drop by your office
around noon for NPF signature.
It has been reviewed by NPS soli citors and the Assistant US Attorney.
Steve LeBel
Phone: (202) 619-7072
Fax: (202) 619-7157
https:llmall .g oog le.com'mai l/u/Ol?ui 2&ik-=f9191ba2e4&1Aew=pt&searchsent&th=13d26a524c467 464 112
1/2/14 DEPARTMENT OF THE INTERIOR Mail - Re: Final Draft Perfected Simkin Vacate Notice
for the use of the individuals to whom it is sent. Any privilege Is not waived by virtue of this having been sent
by e-mai l. If the person actuall y receiving thi s message or any other reader of this message is not a named
recipient , any use, dissemination, distribution, or copyi ng of this communication is prohibited. If you receive
Steve LeBel
Phone: (202) 619-7072
Fax: (202) 619-7157
recipient, any use, di ssemination, distribution, or copying of this communication is prohibited. If you receive this
message In error, please contact the sender.
https://rnail .g oog le.com'mail/u/Onui= 2&ikwf9191ba2e4&\1ew=.pt&search"'sent&th=13d26a524c467 464 212
1/2114 DEPARTMENT OF THE INTERIOR Mail - 3.1.13 Jacl<s Canoes & Kayaks, LLC Notice to Vacate
3.1.13 Jack's Canoes & Kayaks, LLC Notice to Vacate
LeBel, Steve <steW!_lebel@nps.goV> Fri, Mar 1, 2013 at 1:30 PM
To: Paul Simkin <psimkin@gmail.com>, Charles Camp <CCamp@charlescamplaw.com>
Cc: Melissa Lackey <Melissa.Lackey@sol.doi.goV>, Steve Whitesell <Steve_Whltesell@nps.goV>
Bee: Jennifer Mummart <jennifer_mummart@nps.goV>, Tara Morrison <Tara_Morrison@nps.goV>
Please find the subject correspondence attached. A written copy will be hand del ivered to the office located on
the property now known as Jack's Boathouse and to the Law Offices of Charles Camp before close of business
today, March 1, 2013.
Steve LeBel
Program Manager, Office of Business Ser.1ces
National Capital Region, National Park Ser.1ce
Phone: (202) 619-7072
Fax: (202) 619-7157
for the use of the individuals to whom it is sent. Any privilege is not waiW!d by virtue of this having been sent by
tj 3.1.13 Jacks Canoes and Kayaks LLC Notice to Vacate.pdf
86K
https:llrrail.google.com'mail/u/O/?ui=2&1i<"'f9191ba2e4&1.1ew=pt&search;;sent&th"'13d27386596eb90a 1/1
United States Department of the Interior
IN Rll PLY RllP!iR TO:
1.A. l. (NCR-OBS)
March 1, 2013
Paul Simkin, Managing Member
3500 K Street, N.W.
Dear Mr. Simkin:
1100 Ol1io D1ivc, S.W.
On January 18, 2013, we advised you the National Park Service would release a request for qualifications
for non-motorized boat rental and storage services at or near the present location of Jack's Boathouse.
Responses were due February 6, 2013, and we note you chose not to apply. We used a nationwide
interdisciplinary team to evaluate all responses in a fair and consistent manner. We are now prepared to
award a temporary concession contract to B&G Outdoor Recreation, Inc.
Our correspondence permitted you to continue your operations until such time as the contract was
awarded, provided your occupancy met with National Park Service standards for health, safety, and
responsible stewardship of the natural environment.
This letter serves as notice to Jack's Canoes & Kayaks, LLC, to terminate its occupancy of the premises
at Lot 805 in Square 1179 on or before 11 :59 p.m. on April 7, 2013, and to remove all your personal
property from the premises. Any of your personal property remaining on the premises after April 7, 2013,
will be considered abandoned, and the National Park Service expressly refuses to assume any liability for
your property left at the premises. We believe this notice to vacate is in keeping with the Court's Minute
Order of February 19, 2013, in the Jack's Canoes & Kayaks, LLC v. National Park Service, et. al. case,
as the National Park Service is not proposing to take any action against Jack's Canoes & Kayaks, LLC,
until after March 3 1 , 2013.
We understand that Jack's Canoes & Kayaks, LLC, has contracts with third parties for the storage of
privately-owned canoes and/or kayaks on the premises. The National Park Service desires that there be a
smooth transition with respect to stored boats. Accordingly, we request that Jack's Canoes & Kayaks,
LLC, provide to the National Park Service a list of current contact information, including names,
addresses and, if known, telephone numbers and email addresses for any customers who store their boats
on the premises.
Please direct any questions to Steve LeBel, Deputy Associate Regional Director at (202) 619-7072.
Jwl
hitesell
Director
CONCUR:
By:
Name(Print): N1L M,YiLHOLLAH.0
Title: ? \ \ 2 ci -\
Date: C>.3. 0 1 lJ
cc:
Neil Mulholland, President, National Park Foundation
1/2/14 DEPARTMENT OF THE INTERIOR Mall - Re: National ParkSer\4ca Selects Operator for GaorgetD'Ml Boat Rental
Re: National Park Service Selects Operator for Georgetown Boat Rental
LeBel, Steve <ste\e_lebel@nps.goV> Fri, Mar 1, 2013 at 3:28 PM
Mike
The draft contract adlvrtised in the RFQ is through 12.31.14. NPS has regulatory authority to extend the
temporary contract another year.
I suspect this is what you recall. Let's discuss this to your satisfaction when we meet.
FYI, Jack's Canoes & Kayaks LLC was served notice approx. 2 PM this afternoon.
On Fri, Mar 1, 2013 at 2:33 PM, Michael Aghajanian <m.aghajanian@boatinginboston.com> wrote:
I thought this is a three year? It says two in the press release.
On Fri, Mar 1, 2013 at 2:32 PM, Jennifer Anzelmo-Sar1es <jenny_anzelmo-sar1es@nps.goV> wrote:
Sent from my iPhone
Begin forwarded message:
From: "Anzelmo-S.arles, Jennifer" <jenny_anzelmo-sarles@nps.goV>
Date: March 1, 2013, 1:33:43 PM EST
To: undisclosed-recipients:;
Subject: National Park Service Selects Operator for Georgetown Boat Rental
National Park Service News Release
FOR IMMEDIATE RELEASE: March 1, 2013
Contact: Jenny Anzelmo-Sarles, jenny _anzelmoasarles@nps.gov,
National Capital Region Office of Communications, 202-619-7222
National Park Service Selects Operator for Georgetown Boat
Rental
WASHINGTON - The National Park Service (NPS) has selected B&G Outdoor Recreation,
Inc., for a two-year temporary concession contract to pro\1de non-motorized boat rental and
storage in Rock Creek Park along the Georgetown waterfront.
B&G Outdoor Recreation, Inc., also known as Boating in Boston, headquartered in Hopkinton,
Mass., operates six kayak, canoe, pedal boat and rowboat rental locations in the Greater
https://mall .googla.com'mail/u/O/?ui=2&1k=f9191ba2e4&\1ew-pt&search=sent&th=13d27a4830b69949 1/3
1/2/14 DEPARTMENT OF THE INTERIOR Mail Re: National Park Service Selects Operator for GeorgetO\'KI Boat Rental
Boston area, including three at Massachusetts state parks.
"The National Park Service is committed to providing uninterrupted service to paddlers along
the Georgetown waterfront, " National Park Service Regional Director Ste\ Whitesell said.
"We're eager to see people out enjoying the r i \ ~ r this spring."
The NPS soli cited responses through a Request for Qualifications (RFQ) issued on January
18, 2013. Responses were accepted through February 6, 2013. The current provider of non-
motorized boat rental and storage in Rock Creek Park, Jack's Canoes & Kayaks, LLC, did not
respond to the RFQ. A multidisciplinary review panel composed of NPS staff from across the
country with expertise in business management, park operations, and law and policy analyzed
the responses.
Jenny Anzelmo-Sarles
Spokesperson
Office: (202) 619-7177
Cell : (307) 690-2355
The National Park Service cares for special places saved by the American people so that all
may experience our heritage.
Facebook: ] witter:
Ste\ LeBel
Phone: (202) 619-7072
Fax: (202) 619-7157
for the use of the individuals to whom it is sent. Any privilege is not wai \A9d by virtue of this having been sent by
https://mail.google.com'mail/u'O/?ul=2&1k::f9191ba2e4&1Aew=pt&searchsent&th 13d27a4830b69949 213
1/2/14 DEPARTMENT OF THE INTERIOR Mail - Re: National Park Ser\1cei Selects Operator tor GeorgetO'Ml Boat Rental
https://mail.google.com'mail /u/O/?ui"' 2&ik=f9191ba2o4&\1evr-pt&search=sent&th"' 13d27a4830b69949 313
112/14 DEPARTMENT OF THE INTERIOR Mail Re: General Liability
Re: General Liability
LeBel , Steve <steve_lebel@nps.gov> Fri, Mar 1. 2013 at 4:33 PM
Rock Creek Park
On Fri, Mar 1, 2013 at 4:21 PM, Michael Aghajanian <m.aghajanian@boatinginboston.com> wrote:
Steve,
I will add the NPS to our GA insurance. What is the proper name and address?
[Facebook:l (T"witter: J
Steve LeBel
Phone: (202) 619-7072
Fax: (202) 619-7157
hllps:llmall .google.com'maillu/Ol?ui=2&1k-=f9191ba2e4&\1ew=pt&search=senl&lh=13d27dff1bf23ce8 111
1/2/14 DEPARTMENT OF THE INTERIOR Mail Re: Address
Re: Address
LeBel, Steve <ste\.e_lebel@nps.goV> Fri , Mar 1, 2013 at 4:35 PM
The Law Offices of Charles Camp
1025 Thomas Jefferson Street, N. W., Suite 115G
Washington, D. C. 20007
On Fri, Mar 1, 2013 at 4:29 PM, Michael Aghajanlan <m.aghajanian@boatinginboston.com> wrote:
Ste\,
Do you ha\ the address of Mr. Simkin's laywer for correspondence?
Facebook:
ff witter: I
Ste\Ae LeBel
Program Manager, Office of Business Ser\lices
Phone: (202) 619-7072
Fax: (202) 619-7157
for the use of the individuals to whom it is sent. Any privilege is not wai-..ed by virtue of this having been sent by
recipient, any use, dissemination, distribution, or copying of this communication is prohibited. If you recei'. this
hltps://trr!Ji l.google.com'mail/u/O/?ul=2&ik:f9191ba204&-.;ew;pt&search=sent&th::i 13d27e1469818ef7 1/1
112/14 DEPARTMENT OF THE INTERIOR Mail JacKs
Jack's Checks
LeBel, Steve <steve_lebel@nps.gov> Tue, Mar 5, 2013 at 3:09 PM
To: Melissa Lackey <Melissa.Lackey@sol.doi.gov>
Cc: Susan Newton <snewton@nationalparks.org>
I seem to recall sending an earlier emai l with Jack's payment history, however in the event my recollection is
wishful , I've called NPF to confirm. They're checking and will send an email, which I'll forward to you.
If they have not cashed the check, is there direction I should provide to them?
If they have, I'll let you know.
They will not accept an April lease payment.
Steve LeBel
National Capital Region, National Park Ser.;ce
Phone: (202) 619-7072
Fax: (202) 619-7157
https://mail .g oog le.comtmall/u/O/?ui" ba2e4&\1evr pt&search" sent&th" 13d3c2c2736d7c83 1/1
1/2114 DEPARTMENT OF THE INTERIOR Mail - Re: Jacl<s
Re: Jack's Checks
LeBel, Steve <steve_lebel@nps.gov> Tue, Mar 5, 2013 at 3: 15 PM
Cc: Melissa Lackey <Melissa.Lackey@sol.doi.gov>
Thanks so much. Susan. I defer to Melissa for direction.
On Tue, Mar 5, 2013 at 3:11 PM, Susan Newton <snewton@nationalparks.org> wrote:
Steve -here is the email you sent summari zing our conversation. It does state that we would cash the
March check. If it is preferred that we do not, please let me know ASAP, so we can consider best st eps
for handling it.
Thanks,
Susan Newton
Vice President, Operations, Grants, and Programs
1201 Eye Street NW, Sui te SSOB
202.354.6493 direct
The Offlclal Charity of America's National Parks
www. natlona I parks .org
Sent: Tuesday, March 05, 2013 3:09 PM
https ://mail .g oog le.com'mai l/u/O/?ul= f9191 pt&searchsent&th= 13d3c3212679ad2a 1/3
1/2114
To: Melissa Lackey
CC: Susan Newton
Subject: Jack's Checks
DEPARTMENT OF THE INTERIOR Mail - Re: Jacl<s Chec!G
I seem to recall sending an earlier email with Jack's payment history, however in the e-.ent my recollection is
wishful, I've called NPF to confirm. They're checking and will send an email, which I'll forward to you.
If they ha-.e not cashed the check, is there direction I should provide to them?
If they ha-.e, I'll let you know.
Steve LeBel
Pnone: (202) 619-7072
Fax: (202) 619-7157
for the use of the individuals to whom it is sent. Any privilege is not wai\A:ld by virtue of this ha"1ng been sent
recipient, any use, dissemination, distribution, or copying of this communication is prohibited. If you recei-.e
--- Forwarded message -----
From: "LeBel, Steve" <ste\A9_lebel@nps.goV>
To: Melissa Lackey <Melissa.Lackey@sol.doi.goV>
Date: Tue, 26 Feb 2013 15:25:19 -0500
Subject: Jack's Boathouse LLC Impli ed Lease Payments to NPF
Per my telecon with NPF:
NPF last received and deposited payment from Jack's Boathouse on 2.5.13.
NPF advises, contrary to Camp's statement, NPF recei\A9d and deposited implied lease checks from August
2012-January 2013.
In 2008, some payments were missed. Since then, payments have been regular.
NPF will deposit the March implied lease payment.
NPF wil l advise NPS once April's payment Is recei\A9d and hold pending direction from NPS.
NPF continues to deposit implied lease payments into the NPF Georgetown Waterfront Park account.
NPF will close the account once a concession contract has been executed.
https://mail .g oog le.com'mail/u/Onui 2&ik= f9191 ba2e4&"1ew= pt&search sent&th= 13d3c3212679ad2a 2/3
1/2/14 DEPARTMENT OF THE INTERIOR Mail Re: JacKs
Steve LeBel
Program Manager, Office of Business Ser"1ces
National Capital Region, National Park Ser"1ce
Phone: (202) 619-7072
Fax: (202) 619-7157
The information contained in this message may be protected by attorney-client or other pri\Alege. It is intended
for the use of the individuals to whom it is sent. Any privi lege is not wai'A9d by virtue of this having been sent
recipient, any use, dissemination, distribution, or copying of thi s communication is prohibited. If you receive
this message In error, please contact the sender.
Ste\ LeBel
Phone: (202) 619-7072
Fax: (202) 619-7157
If the person actually receiving this message or any other reader of this message is not a named
https:l/mail .g oog le.com'mai l/u/O/?ui=2&1 k:f9191ba2e4&1Aew=pt&searchsent&th"'13d3c3212679ad2a 313
1/2/14 DEPARTMENT OF THE INTERIOR Mail - Fvi.<l: Jacl<s Check;;
Fwd: Jack's Checks
LeBel, Steve <steve_lebel@nps.goV> Tue, Mar 5, 2013 at 3:34 PM
We are advised not to the March check, thanks!
- - Forwarded message ---
From: Lackey, Melissa <melissa.lackey@sol.doi.goV>
Date: Tue, Mar 5, 2013 at 3:27 PM
Subject: Re: Jack's Checks
To: "LeBel , Steve" <steve_lebel@nps.goV>
Steve:
The AUSA advises NOT to cash the March check. Although I could make an argument for why it should be OK, it
is not worth doing so for such a small amount.
Melissa Lackey
Attorney Advisor
U. S. Department of the Interior, Office of the Solicitor
1849 C Street NW, Room 5323
Mail Stop 5311
Phone: 202 513-0733 Fax: 202 208-3877
This e-mail (including any and all attachments) is intended for the use of the individual or entity to which it is
addressed. It may contai n information that is privileged, confidential or otherwise protected by appli cable law. If
you are not the intended recipient or the employee or agent responsible for delivery of this e-mail to the intended
recipient, you are hereby notified that any dissemination, distribution, copying or use of this e-mail or its contents
is strictly prohibited. If you received this e-mail In error, please notify the sender immediately and destroy all
copies.
On Tue, Mar 5, 2013 at 3:15 PM, LeBel , Steve <steve_lebel@nps.goV> wrote:
Thanks so much, Susan. I defer to Melissa for direction.
On Tue, Mar 5, 2013 at 3:11 PM, Susan Newton <snewton@nationalparks.org> wrote:
Steve -here is the emai l you sent summarizing our conversation. It does state that we would cash the
March check. If it i s preferred that we do not, please let me know ASAP, so we can consider best steps
for handling it.
1/4
112114 DEPARTMENT OF THE INTERIOR Mail . Fv.d: Jacl<s Checks
Thanks,
Susan Newton
Vice President, Operations, Grants, and Programs
202.354.6493 direct
The Offlclal Charity of Amerka's National Park$
www.natfonalparl<s.ora
Sent: Tuesday, March 05, 2013 3:09 PM
To: Melissa Lackey
Cc: Susan Newton
Subject: Jack's Checks
I seem to recall sending an earlier email with Jack's payment history, howe\A9r in the event my recollection is
wishful. I've called NPF to confirm. They're checking and will send an email, which I'll forward to you.
If they have not cashed the check, is there direction I should provide to them?
If they have, I'll let you know.
Steve LeBel
hllps:llmall.google.com/mallfu,!Of?ui"' 2&ik:f9191ba2e4&-.lew=pt&search=sent&th=13d3c4377e18794b 214
1/2/14
I
DEPARTMENT OF THE INTERIOR Mail Fv.d: Jacl<s Checks
Phone: (202) 619-7072
Fax: (202) 619-7157
intended for the use of the individuals to whom it is sent. Any privilege is not waived by "1rtue of this having
been sent by e-mail. If the person actually recei-..1ng this message or any other reader of this message is
---- Forwarded message ------
From: "LeBel, Steve" <steve_lebel@nps.goV>
To: Melissa Lackey <Melissa.Lackey@sol.doi.goV>
Cc: Susan Newton <snewton@nat ionalparks.org>
Date: Tue, 26 Feb 2013 15:25:19 -0500
Subject: Jack's Boathouse LLC Implied Lease Payments to NPF
NPF last received and deposited payment from Jack's Boathouse on 2.5.13.
NPF ad-..1ses, contrary to Camp's statement, NPF received and deposited implied lease checks from August
2012-January 2013.
In 2008, some payments were missed. Since then, payments have been regular.
NPF will ad-..1se NPS once April's payment is received and hold pending direction from NPS.
Steve LeBel
Phone: (202) 619-7072
Fax: (202) 619-7157
intended for the use of the individuals to whom it is sent. Any pri\Alege is not waived by "1rtue of this having
been sent by e-mail. If the person actually recei"1ng this message or any other reader of this message is
Steve LeBel
https://mail .google.com'mail/u/O/?ui =2&ik::: f9191ba2e4&\1ev-r-pt&saarch=sent&th=13d3c4377e18794b 314
1/2/14 DEPARTMENT OF THE INTERIOR Mail - Foo: Jacl<s Checks
National Capital Region, National Park Ser.ice
Phone: (202) 619-7072
Fax: (202) 619-7157
The information contained in thi s message may be protected by attorney-client or other privi lege. It is intended
for the use of the indi\Aduals to whom it is sent. Any pri\11ege is not wai-..ed by virtue of this having been sent
by e-mai l. If the person actually recei\1ng this message or any other reader of this message is not a named
recipi ent, any use, dissemination, distribution, or copying of this communication is prohibited. If you receii.e
Ste-..e LeBel
Phone: (202) 619-7072
Fax: (202) 619-7157
for the use of the indi\Aduals to whom it is sent. Any privilege is not waii.ed by \Artue of this having been sent by
recipient, any use, dissemination, distribution, or copying of this communication is prohibited. If you recei-..e this
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(b) (6)
(b) (6)
(b) (6)
(b) (6)
1/2/14 DEPARTMENT OF THE INTERIOR Mail - Re: Boat rental and Storage Files
Phone: (202) 619-7072
Fax: (202) 619-7157
intended for the use of the lndl\.iduals to whom it is sent. Any privilege is not wai1.ed by virtue of this having
been sent by ewmail. If the person actually receiving this message or any other reader of this message is
not a named recipient , any use, dissemination, distribution, or copying of this communication is prohibited.
If you recei1.e this message in error, please contact the sender.
Ste-..e LeBel
Phone: (202) 619-7072
Fax: (202) 619w7157
for the use of the individuals to whom it is sent. Any privilege is not wai-..ed by virtue of this having been sent by
ewmail. If the person actually recei"1ng this message or any other reader of this message is not a named
recipient, any use, dissemination, distribution, or copying of this communication is prohibited. If you recei\A3 this
https://mail.google.coov'mail /u/O/?ui"' 2&ik=f9191ba2e4&\1ew=pt&search=sent&lh"' 13d3c8f7e6eb3893 2/2
1/2114 DEPARTMENT OF THE INTERIOR Mall - Re: Kayak Rental Questions and Thoughts
Re: Kayak Rental Questions and Thoughts
LeBel, Steve <steve_lebel@nps.goV> Thu, Mar 7, 2013 at 11:16 AM
To: Michael Aghajanian <m.aghajanian@boatinglnboston.com>
Mike, I heard back from the Superintendent. She's approved the "Key Bridge Boathouse."
She likes the landmark location, characterization, and that it "flows off the tongue."
On Wed, Mar 6, 2013 at 12:25 PM, Michael Aghaj anian <m.aghajanian@boatinginboston.com> wrote:
Steve,
We have been bouncing around idea's for the location here is an email with some Ideas to start the
conversation
Local Corporation Request
We would like to form a local corporation that B & G Outdoor Recreation, Inc. will own the majority shares and
control. We think this would be good will and also for liability reasons. There will be no changes in executi1,,e
management.
Name Ideas:
Baxters Boating
Key Bridge Kayaking
Rock Creek Kayaking
Capital Kayaking
We would love to hear some of your ideas for names as well.
The services we would like to offer would be:
Rentals
o Kayak
o Canoe
o Stand Up Paddl e Boards
Memberships
We offer memberships that allows a person or family to pay one price for usage of the boats all
season wit h no other charges
Kayak/SUP Tours
Tours around the area to educate people about the parks in the area and the natural resources
Clinics/Classes
Classes teaching customer boating safety, strokes and terminology. Also classes encouraging
customers to paddle to be fit.
Private Boat storage
T: (617)299-3392x10 E: m.aghaj ani an@boatinginboston.com
https://mail.google.com'mall/u/onui =2&ik=-f9191ba2e4&"1ew=pt&search=sent&th"' 13d45a387449e25c 1/2
112114 DEPARTMENT OF THE INTERIOR Mail Re: Kayak Rental Questions and Thoughts
!F acebook: I witter: I
LeBel
Deputy Associ ate Regional Director, Operations and Education
Phone: (202) 619-7072
Fax: (202) 619-7157
for the use of the individuals to whom It is sent. Any privilege is not by virtue of this halii ng been sent by
e-mail. If the person actually receivi ng thi s message or any other reader of thi s message is not a named
recipient. any use, dissemination, di stribution, or copying of thi s communi cation is prohibited. If you thi s
212
1/2/14 DEPARTMENT OF THE INTERIOR Mall Re: Kayak Rental QuesUons and Thoughts
LeBel , Steve <steve_lebel@nps.gov> Thu, Mar 7, 2013 at 11 :29 AM
I'm contacting our intellectual law attorney now. The government may want to hold onto the name for the site so
we don't find ourselves in this situation again.
On Thu, Mar 7, 2013 at 11 :17 AM, Michael Aghajanian <m.aghajanian@boatinginboston.com> wrote:
Steve,
And so it has been written. Let me just think about it. But I am pretty sure we will use that.
Hope you are surviving the snow.
On Thu, Mar 7, 2013 at 11 :16 AM, LeBel , Steve <steve_lebel@nps.gov> wrote:
Mike, I heard back .from the Superintendent. She's approved the "Key Bridge Boathouse. "
She likes the landmark location, characterization, and that it "flows off the tongue."
On Wed, Mar 6, 2013 at 12:25 PM, Michael Aghajanian <m.aghajanian@boatinginboston.com> wrote:
Steve,
We have been bouncing around idea's for the location here is an email with some ideas to start t he
conversation
We would like to form a local corporation that B & G Outdoor Recreation, Inc. will own the majority shares
and control. We think this would be good will and also for liability reasons. There will be no changes in
executive management.
Name Ideas:
Baxters Boating
Key Bridge Kayaking
Rock Creek Kayaking
Capital Kayaking
We would love to hear some of your ideas for names as well.
Rentals
o Kayak
o Canoe
o Stand Up Paddle Boards
Memberships
https://mail .g oog le.com'mail/u/O/?ul= 2&1k"'f9191 ba2e4&11iew=pt&search= sent&\h" 13d45afca97a58ee 1/3
1/2/14 DEPARTMENT OF THE INTERIOR Mall Re: Kayak Rental Questions and Thoughts
We offer memberships that allows a person or fami ly to pay one price for usage of the boats all
season with no other charges
Kayak/SUP Tours
Tours around the area to educate people about the parks in the area and the natural resources
Clinics/Classes
Classes teaching customer bqating safety, strokes and termi nology. Also classes encouragi ng
customers to paddle to be fit.
racebook: I
Steve LeBel
Phone: (202) 619-7072
Fax: (202) 619-7157
intended for the use of the individuals to whom it is sent. Any privil ege is not waived by virtue of this having
Face book: ] Twitter:
Steve LeBel
Phone: (202) 619-7072
Fax: (202) 619-7157
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112/14 DEPARTMENT OF THE INTERIOR Mail Re: Kayak Rental Questions and ThOughts
recipient, any use, dissemination, distribution, or copyi ng of this communication is prohibited. If you receive this
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(b) (6)
(b) (6)
(b) (6)
(b) (6)
(b) (6)
(b) (6)
(b) (6)
1/2/14 DEPARTMENT OF THE INTERIOR Mail - Re: Jacl<s Boathouse
Phone: (202) 619-7072
Fax: (202) 619-7157
The information contained In this message may be protected by attorney-client or other privilege. It is intended
recipient, any use. dissemination, distribution, or copying of this communication is prohibited. If you receive this
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(b) (6)
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1/2/14 DEPARTMENT OF THE INTERIOR Mail Re: Jacl<s Boathouse
The information contained in this message may be protected by
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<1.25. 13 Request For Qualifications.pdf>
<1.15.13 Appendix A Financial Tables.xis>
<1.15.13 FedBizOps Notice.docx>
< 1. 15. 13 TC-ROCR004-12 Draft Contract. pdf>
Steve LeBel
Phone: (202) 619-7072
Fax: (202) 619-7157
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the sender.
Steve LeBel
Phone: (202) 619-7072
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1/2/14 DEPARTMENT OF THE INTERIOR Mail - Re: Kayak Rental Questions and Thoughts
LeBel, Steve <ste\e_lebel@nps.goV> Mon, Mar 18, 2013 at 9:34 AM
I amt Looking forward to It.
On Mon, Mar 18, 2013 at 9:31 AM, Michael Aghajanian <m.aghajanian@boatinginboston.com> wrote:
You are sti ll at 1100 Ohio sw right ?
Dri\Ang o\er.
Sent from myiPhone
On Mar 7, 2013, at 11 :29 AM, "LeBel, Ste\" <steve_lebel@nps.goV> wrote:
I'm contacting our i ntellectual law attorney now. The government may want to hold onto the
name for the site so we don't find ourselves in this situation again.
On Thu, Mar 7, 2013 at 11: 17 AM, Michael Aghajanian <m.aghajanian@boatinginboston.com>
wrote:
Ste\,
And so it has been written. Let me just think about it. But I am pretty sure we will use that.
Hope you are suMIAng the snow.
On Thu, Mar 7, 2013 at 11: 16 AM, LeBel, Ste\e <ste\e_lebel@nps.goV> wrote:
Mike. I heard back from the Superintendent. She's appro\ed the "Key Bridge Boathouse."
She likes the landmark location, charact eri zation, and that it "flows off the tongue. "
On Wed, Mar 6, 2013 at 12:25 PM, Mi chael Aghajanian <m.aghajanian@boati nginboston.
com> wrote:
Steve,
We ha\ been bouncing around idea's for the location here is an email with some ideas to
start the conversation
We would like to form a local corporat ion that B & G Outdoor Recreation, Inc. will own the
majority shares and control. We think this would be good wi ll and al so for liability
reasons. There will be no changes in executi...e management.
Name Ideas:
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1/2/14 DEPARTMENT OF THE INTERIOR Mail Re: Kayak Rental Questions and Thoughts
Baxters Boating
Key Bridge Kayaking
Rock Creek Kayaking
Capital Kayaking
We would lo\A3 to hear some of your ideas for names as well.
Rentals
o Kayak
o Canoe
o Stand Up Paddle Boards
Memberships
We offer memberships that allows a person or family to pay one price for usage
of the boats all season with no other charges
Kayak/SUP Tours
Tours around the area to educate people about the parks in the area and the
natural resources
Clinics/Classes
Classes teaching customer boating safet y, strokes and terminology. Also
classes encouraging customers to paddle to be fit.
Michael Aghajanian, Presi dent
Facebook: Twitter:
Ste\A3 LeBel
Phone: (202) 619-7072
Fax: (202) 619-7157
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I
1
213
1/2114 DEPARTMENT OF THE INTERIOR Mail Re: Kayak Rental Questions and Thoughts
!Facebook: Twitter:
Steve LeBel
Phone: (202) 619-7072
Fax: (202) 619-7157
The information contained in this message may be protected by attorney-client or other privilege.
It Is intended for the use of the individuals to whom it is sent. Any privilege is not waived by
other reader of this message is not a named recipient , any use, dissemination, distribution, or
copying of this communication Is prohibited. If you r e e i ~ this message In error, please contact
the sender.
Steve LeBel
Phone: (202) 619-7072
Fax: (202) 619-7157
recipient, any use, dissemination, distribution, or copying of this communication is prohibited. If you receive thi s
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1/2/14 DEPARTMENT OF THE INTERIOR Mail Re: Key Bridge Boating
Re: Key Bridge Boating
LeBel , Steve <ste...e_lebel@nps.goV> Wed, Mar 20, 2013 at 10:25 AM
Mike, we make it easy for you to a\Oid the confusion of not knowing who to talk to.
Please direct all inquiri es through my office until we transition you to the park. I'll begin that transition as
appropriate and as soon as possible.
Once fully transitioned to the park, your point of contact will be the Concession Specialist.
Meanwhile, please consider my office "one stop shopping."
I'll get back to you post haste with answers to your questions about the Key Bridge Boathouse.
On Tue, Mar 19, 2013 at 9:53 PM, Michael Aghajanian <m.aghajanian@boatinginboston.com> wrote:
Ste...e,
Can you send me to the right person who has the proper NPS logo I can use on our media?
Also I need to know the exact rules for using Key Bridge Boating. We are developing a website and should be
ready soon.
I want to stay head of the ad...ertising so when we hit the ground we can push it out.
Thanks for your help.
;Facebook: J [Twitter: J
Steve LeBel
Nati onal Capital Region, National Park Service
Phone: (202) 619-7072
Fax: (202) 619-7157
The information contained in this message may be protected by attorney-cl ient or other privilege. It is intended
tor the use of the individuals to whom it is sent. Any privilege is not waived by \Artue of thi s having been sent by
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1/2/14 DEPARTMENT OF THE INTERIOR Mail - TrademarWLogo
Trademark/Logo
LeBel, Steve <steve_lebel@nps.goV> Thu, Mar 21, 2013 at 4:39 PM
To: Mike Aghaj anian <mi chael@boatinglnboston. com>
Liz Tinker will send the logo docs to you tomorrow AM.
Our solicitor hasn't sent the trademark language, but I expect it tomorrow. I suggest you proceed to the design
stage as if we've rendered approval for its use. I see no challenges presented with the use of the name "Key
Bridge Boathouse" relative to your literature. No sense holding up the design while waiting for the trademark
license.
Steve LeBel
Phone: (202) 619-7072
Fax: (202) 619-7157
e-mail. If the person actually recei"1ng t hi s message or any other reader of this message is not a named
recipient, any use. dissemination, distribution. or copying of this communication is prohibited. If you receive this
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1/2/14 DEPARTMENT OF THE INTERIOR Mail - Re: Amendment No. 1 NPS Intellectual Property
Re: Amendment No. 1 NPS Intellectual Property
LeBel, Steve <steve_lebel@nps.goV> Fri , Mar 22, 2013 at 12:42 PM
Please find executed contract amendment attached.
On Fri, Mar 22, 2013 at 11 :48 AM, Michael Aghajanian <m.aghajanian@boatinginboston.com> wrote:
Steve,
Here it is.
On Fri, Mar 22, 2013 at 11:40 AM, LeBel, Steve <steve_lebel@nps.goV> wrote:
Mike, please see attached amendment concerning use of the trademark. If you will sign and date the
amendment and return the original to us, I'll have the Regional Director countersign, and we will add it to
your contract.
Steve LeBel
Program Manager, Office of Business Ser'\Aces
National Capital Region, National Park Ser'\Ace
Phone: (202) 619-7072
Fax: (202) 619-7157
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T: (617)299-3392x 10 M: E: m.aghajanian@boatinginboston.com
Facebook: I Boating In Boston Facebook link
!Twitter: ] Boating In Boston Twitter link
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Your Logo
1/2
1/2114 DEPARTMENT OF THE INTERIOR Mall - Re: Amendment No. 1 NPS Intellectual Property
Steve LeBel
Phone: (202) 619-7072
Fax: (202) 619-7157
The information contained In this message may be protected by attorney-client or other privilege. It Is Intended
recipient, any use, di ssemination, distribution, or copying of this communication is prohibited. If you receive this
3.22.13 TC-ROCR00412 B&G Outdoor Rec Amendment No. 1.pdf
106K
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Concession Contract TC-ROCR004-12
Amendment No. 1
NATIONAL PARK SERVICE INTELLECTUAL PROPERTY
The unique nature of a National Park Service concession blends commercial enterprise with the
treasured historic, cultural and natural assets that the Service Is responsible for protecting.
These assets Include the names, designs, logos, slogans and other Service-related material
that identifies the Service at large, specific parks and concession facilities within the parks.
(a) The Service Is the owner of all right. title and Interest In and to the following concession-
related material:
(1) "Key Bridge Boathouse"
(2) "Roel< Creek Park"
(hereinafter referred to collectively as "Marks")
The Service's ownership and rights extends to any use of the Marks Including, but not
limited to, facility names, business names. trademarks, service marks and trade names
used to identify the National Park Service.
(b) Grant of License to Concessioner and Conditions for Use
(1) The Service grants Concessioner a royalty-free, non-exclusive license to .use the
Marks only In connection with the Contract, until the date of expiration or earlier
termination of the Contract.
(2) The Service retains the right to use the Marks for any government purpose.
(3) Subject to the restrictions contained In the Concession Agreement, Concessloner's
name or other marks, logos, slogans, graphics or related material may be used and
appear together with the Marks In connections with concession-related goods and
services In connection with the contract. This license to use NPS marks shall expire
upon termination of the contract, or as otherwise required by the NPS or by law.
License to use NPS marks shall not be unreasonably withheld or terminated.
(4) Concessioner wlll continue to refer to and Identify the non-motorized vessel storage
and rental services as the "Key Bridge Boathouse."
(c) Ownership Rights
(1) Concessioner acknowledges the Service's ownership of the Marks. Concessioner
agrees that all use of the Marks by Concessioner under this Agreement shall inure to
the benefit of Service. Concessioner shall not take any action inconsistent with the
Service's rights to the Marks.
(2) Concessioner shall promptly inform the Service If Concessioner becomes aware of
any third party infringement or activity that could reasonably be expected to infringe
the Service's or Concessloner's rights under this Agreement.
(3) The Service shall be entitled, et Its sole option, to take actions to enforce its rights to
the Marks, Including taking such action to suppress or eliminate infringement
affecting Concessioner's use of the Trademarks as provided In this Agreement.
Concessioner agrees to cooperate with the Service In any Investigation or legal
proceeding brought to enforce such rights.
(4) In the event that the Service chooses not to enforce Its rights to the Trademarks, the
Concessioner may enforce and defend the Trademarks at Its own expense and It
shall be entitled to retain any monetary damages ari sing ln connection with such
litigation. The NPS agrees to cooperate with Concessioner as reasonably required
to -protect and defend the Trademarks. Any such action taken by Concessioner
against an unauthorized user must be coordinated with the NPS.
CONCESSIONER

Ste en hltesell
Reglonal Director, National Capital Region
National Perk Service
DATE: 2013
(b) (6)
(b) (6)
(b) (6)
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1/2/14 DEPARTMENT OF THE INTERIOR Mall - Re: Boat rental and Storage Files
Attached
Steve LeBel
Phone: (202) 619-7072
Fax: (202) 619-7157
The information contained in this message may be protected by attorney-client or other privilege. It
is intended for the use of the individuals to whom it is sent. Any privilege is not waived by virtue of
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of this message is not a named recipient, any use, dissemination, distribution, or copyi ng of thi s
communication is prohibited. If you thi s message in error, please contact the sender.
Steve LeBel
Phone: (202) 619-7072
Fax: (202) 619-7157
The information contained in this message may be protected by attorney-cli ent or other privilege. It is
Intended for the use of the individuals to whom it is sent. Any privilege is not by virtue of this
message is not a named recipi ent, any use, dissemination, distribution, or copying of this
communication is prohibited. If you thi s message in error, please contact the sender.
Steve LeBel
Phone: (202) 619-7072
Fax: (202) 619-7157
The information contained in thi s message may be protected by attorney-client or other privilege. It is
intended for the use of the individuals to whom it is sent. Any privilege is not waived by virtue of this having
Steve LeBel
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1/2/14 DEPARTMENT OF THE INTERIOR Mail - Re: Boat rental and Storage Flies
National Capital Region, National Park Serv;ce
Phone: (202) 619-7072
Fax: (202) 619-7157
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(b) (6)
(b) (6)
(b) (6)
(b) (6)
(b) (6)
(b) (6)
(b) (6)
(b) (6)
1/2/14 DEPARTMENT OF THE INTERIOR Mall - Re: Boat rental and Storage Flies
Steve LeBel
Program Manager, Offi ce of Business Ser\Aces
Phone: (202) 619-7072
Fax: (202) 619-7157
The information contained in this message may be protected by attorney-cli ent or other pri\.i lege. It is
intended for the use of the individuals to whom it is sent. Any pri\Alege is not waived by \1rtue of this
ha\1 ng been sent by e-mail. If the person actually recei\Ang this message or any other reader of this
communication Is prohibited. If you receive this message in error, please contact the sender.
Steve LeBel
Phone: (202) 619-7072
Fax: (202) 619-7157
The information contained in this message may be protected by attorney-client or other pri\Alege . . It is
intended for the use of the indl\1duals to whom it is sent. Any pri\Alege is not waived by \Artue of this ha\1ng
been sent by e-mai l. If the person actually receiving this message or any other reader of this message is
not a named reci pi ent, any use, dissemination, distribution, or copying of this communication is prohibited.
If you receive this message in error, pl ease contact the sender.
Steve LeBel
Phone: (202) 619-7072
Fax: (202) 619-7157
The information contained in thi s message may be protected by attorney-client or other pri\Alege. It is intended
for the use of the indi\Aduals to whom It is sent. Any pri\Alege is not waived by \Artue of this ha\.ing been sent by
e-mai l. If the person actually recei\Ang thi s message or any other reader of t hi s message is not a named
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(b) (6)
(b) (6)
(
b
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(
6
)
(b) (6)
(b) (6)
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(b) (6)
(b) (6)
(b) (6)
(b) (6)
1/2/14 DEPARTMENT OF THE INTERIOR Mail - Re: Boat rental and Storage Files
Thanks!
On Tue, Jan 29, 2013 at 11 :43 AM, LeBel, Steve <steve_lebel@nps.goV> wrote:
Attached
Steve LeBel
Phone: (202) 619-7072
Fax: (202) 619-7157
priv;lege. It is intended for the use of the individuals to whom it is sent. Any priv;lege is
not waived by virtue of thi s having been sent by e-mail. If the person actually receiving
this message or any other reader of this message is not a named recipient, any use,
Steve LeBel
Phone: (202) 619-7072
Fax: (202) 619-7157
The Information contained in this message may be protected by attorney-client or other
waived by virtue of this having been sent by e-mail. If the person actually receiving this
dissemination, distribution, or copying of this communication is prohibited. If you receive thi s
Steve LeBel
Phone: (202) 619-7072
Fax: (202) 619-7157
The information contained in this message may be protected by attorney-client or other privilege. It
is intended for the use of the individual s to whom it is sent. Any pri\Alege is not waived by \Artue of
this having been sent by e-mail. If the person actually receivi ng this message or any other reader
of this message is not a named recipient, any use, dissemination, distribution, or copying of this
communi cation is prohibited. If you recei\A9 this message in error, please contact the sender.
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1/2/14 DEPARTMENT OF THE INTERIOR Mail - Re: Boat rental and Storage Flies
Steve LeBel
Deputy Associate Regional Di rector, Operations and Education
Program Manager, Office of Business Sei"'1ces
National Capital Region, National Park Ser\ii ce
Phone: (202) 619-7072
Fax: (202) 619-7157
Tue informati on contained in thi s message may be protected by attorney-client or other privi lege. It is
intended for the use of t he individuals to whom it is sent. Any privil ege is not waived by virtue of thi s
having been sent by e-mail. If the person actually receiving this message or any other reader of thi s
message is not a named recipient , any use, di ssemination, di stribution, or copying of this
communi cation is prohibited. If you receive this message in error, pl ease contact the sender.
Steve LeBel
Deputy Associ ate Regional Director, Operati ons and Education
Program Manager, Office of Busi ness Ser\iices
National Capital Region, National Park Ser\ii ce
Phone: (202) 619-7072
Fax: (202) 619-7157
Tue information contained in this message may be protected by attorney-client or other privil ege. It is
intended for the use of the indivi duals to whom it is sent. Any privilege is not wal-..ed by virtue of thi s having
been sent by e-mai l. If the person actually receiving thi s message or any ot her reader of this message is
not a named recipient, any use, di ssemination, distribution, or copying of this communi cation is prohibited.
If you receive this message in error, pl ease contact the sender.
Steve LeBel
Deputy Associate Regional Director, Operations and Educati on
Program Manager, Office of Business Ser\ii ces
National Capital Region, National Park Sel"'1ce
Phone: (202) 619-7072
Fax: (202) 619-71 57
for the use of the individuals to whom it is sent. Any privilege is not waived by virtue of thi s having been sent by
e ~ m a i l If the person actually receiving thi s message or any other reader of thi s message Is not a named
recipient , any use. di ssemination, di stribution, or copyi ng of this communication is prohi bited. If you receive this
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1/2/14 DEPARTMENT OF THE INTERIOR Mall - Re: Running late
Re: Running late
LeBel, Steve <steve_lebel@nps.goV> Thu, Mar 28, 2013 at 10:01 AM
To: Michael Aghajanian <michael.aghajanlan@boatinginboston.com>
No hurrry .........
On Thu, Mar 28, 2013 at 10:00 AM, Michael Aghajanian <michael.aghajanian@boatinginboston.com> wrote:
Ste\ heading over now. Be there in about 10.
Sentrrom my iPhone
Steve LeBel
Phone: (202) 619-7072
Fax: (202) 619-7157
The information contai ned In this message may be protected by attorney-client or other privi lege. It is intended
e-mai l. If the person actually receiving this message or any other reader of this message is not a named
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1/2/14 DEPARTMENT OF THE INTERIOR Mall - Jacl<s BoathOuse, LLC v, NPS, NPF, District of Col umbia Judge's Ruling
Jack's Boathouse, LLC v. NPS, NPF, District of Columbia Judge's Ruling
LeBel, Steve <steve_lebel@nps.gov> Thu, Mar 28, 2013 at 5:48 PM
To: Mike Aghajanian <mlchael@boatinginboston.com>
Attached
Steve LeBel
Phone: (202) 619-7072
Fax: (202) 619-7157
The information contained in this message may be protected by attorney-cli ent or other prl"11ege. It is intended
for the use of the lndl\liduals to whom it is sent. Any privilege is not waived by virtue of this having been sent by
e-mail. If the person actually recei"1ng this message or any other reader of this message is not a named
jacksboathouse.zip
178K
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Case 1:13-cv-00130-CKK Document 29 Filed 03/28/13 Page 1of36
UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
JACK'S CANOES & KAYAKS, LLC,
Plaintiff,
v.
NATIONAL PARK SERVICE,
NATIONAL PARK FOUNDATION, and
THE DISTRICT OF COLUMBIA,
Defendants.
Civil Action No. 13-00130 (CKK)
MEMORANDUM OPINION
(March 28, 2013)
Plaintiff Jack's Canoes & Kayaks, LLC ("Plaintifr') filed suit against the National Park
Service ("NPS"), the National Park Foundation ("NPF"), and the District of Columbia
("District") relating to purportedly illegal attempts by the NPS and NPF (together the "Park
Defendants") to terminate a lease under which Plaintiff claims to have been a tenant since April
2007. See Comp!., ECf No. (1]. Presently before the Court is Plaintifrs [12] Motion for
Temporary Restraining Order and Preliminary Injunction. In brief, Plaintiff seeks an order
barring the Park Defendants from taking any actions that interfere in any manner with the
continuing operation of Plaintiffs boathouse business, including seeking or threatening to
termi nate the lease to which Plaintiff claims to be a party or evicting Plaintiff without a Court
Order following a final judgment on whether the NPF and/or the NPS have the power and
jurisdiction to do so.
1
Also pending before the Court arc the District's (19] Motion to Dismiss
and the Park Defendants' [22J Motion to Dismiss, both of which were filed subsequent to the
1
Plaintiff's Motion seeks preliminary injunctive relief against only the Park Defendants. It does
not purpo1t to seek preliminary injunctive relief against the District directly.
Case 1:13-cv-00130-CKK Document 29 Filed 03/28/13 Page 2 of 36
fi li ng of Plaintiff's motion for temporary and injunctive relief and m accordance with the
briefing schedule ordered by the Court.
Upon consideration of the pleadings and accompanying cxhibits,
2
the rel evant legal
authorities, and the record as a whole, the Cou1t finds that temporary or preliminary injunctive
relief is not warranted on the present record. Accordingly, Plaintiff' s [12) Motion for Temporary
Restraining Order and Preliminary Injunction is DENIED. Further, because Plaintiff lacks
constitutional standing with respect to one of its requests for declaratory judgment against the
District, and is barred by the appli cable statute of limitations from asse1ting the entirety of its
request for declaratory relief against the District, the Court shall GRANT the District's [ 19]
Motion to Dismiss. The Court shall address the Park Defendants' [22] Motion to Dismiss by
separate order at a later time.
I. BACKGROUND
Unless otherwise indicated, all facts set forth herein are taken from Plaintiff' s Complaint
and are presumed true for purposes of the Court's consideration of the instant motions. As of
April 2007, when Plaintiff was incorporated as a limited liability corporation, Plaintiff has
2
While the Court renders its decision on the entire record before it, its consideration has focused
on the fo llowing documents: Compl., ECF No. [I]; PJ's Mot. for Temporary Restraining Order
and Preliminary Injunction & Mem. of P. & A. in Supp. of Mot. ("Pl. ' s Mem."), ECF No. [ 12];
Pl. 's Aff. in Supp. of Mot. for Temporary Restraining Order and Preliminary Injunction ("Pl. 's
Aff."), ECF No. [12-3]; Def. District of Columbia's Mot. to Dismiss & Mem. of P. & A. in
Supp. of Mot. ("District's Mem."), ECF No. [19]; Defs' NPS & NPF's Opp'n to Pl. 's Mot. for
Temporary Restraining Order and Preliminary Injunction & Mot. to Dismiss ("Park Dcfs'
Opp'n''), ECF No. [21]; Pl. 's Opp'n to District of Columbia's Mot. to Dismiss ("Pl.'s Opp' n"),
ECF No. [23]; Pl. 's Mem. of .P. & A. in Reply to NPS & NPF's Opp'n to Pl. 's Mot. for
Temporary Restraining Order and Preliminary Injunction and in Opp'n to their Mot. to Dismiss
Pl. 's Complaint ("Pl.'s Reply"), ECF No. (24]; Defs' NPS & NPF's Reply in Supp. of Mot. to
Dismiss Pl.'s Complaint ("Park Defs' Reply"), ECF No. [26]; Def. District of Columbia's Repl y
in Further Supp. of Mot. to Dismiss ("District's Reply"), ECF No. [27]. ln an exercise of its
discretion, the Court finds that holding oral argument on the instant motion would not be of
assistance in rendering a decision. See LCvR 7(f).
2
operated a boathouse business offering canoe and kayak rentals, tours, stornge, and other related
services at 3500 K St. N.W., Washington, D.C. 9, L 7, 30. Plaintiff's operations occur
on two adjacent parcels of land on the Georgetown Waterfront: Lot 806 (which Plaintiff owns)
and Lot 805 (which is owned by the District but managed by NPS pursuant to a transfer of
administrative jurisdiction over several acres of land that constitute the Georgetown Waterfront
Park). See Comp 9, 12, 23-28. Plaintiff contests the validity of the District's transfer to NPS
of administrative jurisdiction over Lot 805. See generally id.
By way of background, Plaintiff succeeded an individual by the name of Frank Baxter in
the ownership and operation of the business that was started by Frank Baxter's mother and
father, John and Norma Baxter, in 1945. Id. 19. In 1973, as pa1t of a compromise with the
District, which wanted to take Lot 805 for the construction of Whitehurst Freeway, the District
agreed to buy Lot 805 from John and Norma Baxter and to lease it back to them so that they
could continue to own and operate the boathouse. Id. 20. On August 28, 1973, John and
Nonna Baxter deeded Lot 805 in fee simple to the District for $244, 160.00. Id. 21. On
October 1, 1973, the District and the Baxters entered into a lease with respect to Lot 805 (the
"Lease"). Id. & Pl/s Mem., Ex. 4 (Lease).
The Lease, the "express purpose" of which is described therein as "permitting a
temporary lease of the hereinafter described premises" by the Baxters for boat rentals and related
activities, states in pertinent pa1t: "[Tlhe District does hereby grant unto the Lessee, use and
occupancy of [Lot 805], commencing October l, 1973 and continuing thereafter from month to
month for sum of $275.00 ($275.00) per month[.]" Pl. 's Mem. , Ex. 4 (Lease), at I. Beginning
April I, 1982, the monthly payment amount increased to $356.00 pursuant to a letter amendment
to the Lease sent by the Di strict and countersigned by John and Norma Baxter. Td. at 5.
3
On September 10, 1985
1
the District of Columbia Counci l passed Resolution 6-284 (the
"1985 Resoluti on"), which was intended to initiate the transfer of administrative jurisdiction over
a number of land parcel s on the Georgetown Waterfront, including Lot 805, to the NPS for the
purpose of establishing and n1aintaining the Georgetown Waterfront Park. Comp!. ,I 24 & Pl. ' s
Mem., Ex. 7 (D.C. City Council Resolution 6-284 (Sept. I 0, 1985)). The 1985 Resolution states,
in relevant part, that "Juri sdiction over .. . Lot ... 805 .. . shall be transferred to the National Park
Service 5 years after the effective date of this resoluti on unless . . . suitable sites and facilities
have not been obtained for the relocation of those public works facilities now localed on the
parcels of land that are pa1t of the Georgetown Waterfront Park." Pl.
1
s Mem., Ex. 7 (D.C. City
Counci l Resolution 6-284 (Sept. I 0, J 985)), at 2. The 1985 Resolution further states that it is
"contingent upon an exchange of letters" between the District of Columbia Mayor and the
Regional Director of NPS, which were to memorialize the agreement on several matters -
including, inter alia, that the transferred land be used only for publi c park and related purposes;
that the District assign its existing leases on the land to the NPS and the NPS dedicate all
revenues from those leases to park development; and that NPS assume responsibi li ty to repair
and maintain all wharves, piers
1
bulkheads, and similar structures located on the transferred land.
Id. at 3-4. The letters were also to include "conditions, including a reversion of j urisdiction to
the District ... which fully protect the District ... in the event .. . of ... an [a]mendment or
cancellation of(a] January 7, I 985 deed [of easements] between Washington Harbour Associates
[a District of Columbia partnership), Georgetown Potomac Company, Mount Clare Prope1ties
(D.C.) lnc., and the United States of America[.)" Id. at 3.
A letter agreement from the NPS dated May 18, 1987 and countersigned by the District
of Columbia Mayor on July 2, 1987 (the " 1987 Letter") set forth the patties' agreements to the
4
conditions of transfer set forth in the 1985 Resolution. See Ex. 8 (Letter from Manus J. Fish,
NPS Regional Director to Hon. Marion S. Barry, Mayor of the District of Columbia (May 18,
1987)). According to both the District and the Park Defendants, the actual transfer of
administrative jurisdiction was properly executed in 1999. See Di strict' s Mem. at 3 n.2; Park
Defs' Opp'n at 3-4. For reasons described more fully infra Part II.A., Plaintiff contends that the
transfer process was "procedurall y flawed. " See Pl .'s Mem. at 6.
Although both the 1985 Resolution and the 1987 Letter indicate an agreement by the
District to assign the Lease to NPS at an undetermined future date, no such direct ass ignment
ever occurred. Instead, on March 30, 2000, the District executed an assignment agreement
("Assignment Agreement") assigning all of t he existing District leases on t he land to NPF. See
Pl.'s Mem., Ex. I 9 (Assignment of Leases Agreement (March 30, 2000)). NPF is a 50 I (c)(3)
non-profit organization that was chartered by Congress in 1967, for the purpose of accepting
private gifts "for the benefit of, or in connection with, the National Park Service, its act ivities, or
its services." An Act to Establish the National Park Foundation, Pub. L. No. 90-209 ( 1967). The
Assignment Agreement states, in pertinent pa1t:
Id.
WHEREAS, one of the conditions set forth in the [ 1985] Resolution was the
assignment by the District to NPS of existing District leases at Georgetown Park, and a
commitment by NPS to use the lease revenues for park development and maintenance
at the Georgetown Park; and ... because NPS has determined that revenues received by
NPS from the Leases could not be dedicated for development and maintenance of
Georgetown Park, NPS requested that the District assign the Leases to Ass ignee ... The
District does hereby assign the Leases to Assignee. Assignee does hereby accept the
Leases and does unconditi onally assume all of the responsi bilities, obligations, and
liabilities of Assignor under the Lease, including any and all outstanding obligations
and liabilities of Assignor.
The Assignment Agreement cites as authority the District of Columbia Council Act No.
13-252, titled the "Transfer of Jurisdiction over Georgetown Waterfront Park for Public Park and
5
case 1:13-cv-00130-CKK Document 29 Fil ed 03/28/13 Page 6 of 36
Recreational Purposes, S.O. 84-230, Emergency Act of 1999," effective January 27, 2000, which
the Agreement describes as having amended the Resolution to authorize the District to assign the
leases to NPF. Id. Earlier correspondence between NPS and NPF indicates that NPS directed
NPF to accept the District's assignment of the Lease and also "accept[ed] appointment as
[NPF's] agent for purposes of fulfil ling all obligations, and pursuing al l rights and remedies to
the terms and provisions of the Lease[], in accordance with [its] terms[.]" See Park Defs' Reply,
Ex. I (Letter from Terry R. Carlstrom, Regional Director, NPS to James D. Maddy, NPF
President (Sept. 24, 1999)), ECF No. [26-1].
In 2007, upon Plaintiffs incorporation, Frank Baxter - successor in interest to John and
Norma Baxter and an owner of the business until his death in 2009 - transferred all of his right,
title and interest in the corporation, including the lease over Lot 805, to Plaintiff. See PL's Mem.
at 4 & Ex. l (Operating Agreement of Jack' s Canoes & Kayaks, LLC). Mr. Baxter also deeded
Lot 806 to Plaintiff on April 15, 2009, prior to hi s death later that yea!'. Comp!. 22. According
to since its incorporation in 2007, Plaintiff has been paying rent to NPF on time and on
a monthly basis (in the amount of $356.00 per month pursuant to the Lease as amended by the
1982 letter agreement between the District and the Baxters). Comp! 30. See also Park Defs'
Opp'n at 3. While NPF regularly cashed Plaintiffs rent checks between 2007 and August 2012,
NPF stopped cashing Plaintiffs rent checks from August 20 12 through January 201 3, the rnonth
Plaintiff filed its Complaint. 3 1.
As the Park Defendants represent in their opposition sometime prior to August
2012, NPS had determined that, in keeping with its Congressional mandate, the non-motorized
boat service provided at the site operated by Plaintiff needed to be performed under a
concessions contract instead of a lease. See Park Defs' Opp'n at 2 (explaining that Congress has
6
mandated, absent specific exceptions not applicable to this case, that "the Secretary shall utilize
concessions contracts to authorize a person, corporation, or other entity to provide
accommodations, facilities, and services to visitors to units of the National Park System.") (citing
16 U.S.C. 5952) . Indeed, according to Plaintiff, in August 2012, NPS sent to Plaintiff a draft
concessions contract for continued operation of its boathouse business, Campi. ~ 32, but ceased
communications with Plaintiff on the subject of a concessions contract in October 2012, and no
agreement was reached, id. i! 33.
By letter dated December 18, 2012, the Regional Director of NPS provided Plaintiff
"notice ... to terminate its occupancy of the leased premises .... [and to] vacate the property on
or before 11 :59 p.m. on January 31, 201 3, and remove all personal property from the premi ses."
Comp I. ~ 34 & Pl. ' s Mem., Ex. 11 (Letter from Stephen E. Whitesell, NPS Regional Director to
Paul Simkin, Owner of Jack's Canoes and Kayaks, LLC (Dec. 18, 2012)). A NPF representative
signed the letter in concurrence, in its capacity as the successor lessor under the Lease. See Pl. ' s
Mem., Ex. 11 (Letter from Stephen E. Whitesell, NPS Regional Director to Paul Simkin, Owner
of Jack' s Canoes and Kayaks, LLC (Dec. 18, 201 2)). One week later, in a December 24, 2012
email, the NPS Director notified Plaintiff that, due to public concern about the future of the
boathouse, NPS had decided to withhold further action on the termination of the Lease until NPS
could conduct a more thorough review and determine the best course of action. Compl. ~ 35.
On January 18, 2013, NPS issued a letter to Plaintiff, withdrawing its December 18, 20 12
letter and informing Plaintiff that the NPS intended to terminate the Lease upon execution of a
concessions contract by the end of February 2013. I d ~ 36 & Pl. 's Mem. , Ex. 13 (Letter from
Stephen E. Whitesell, NPS Regional Director to Paul Simkin, Ownel' of Jack's Canoes and
Kayaks, LLC (Jan. 18, 20 13)). The letter again indicated NPF's concurrence with this decision.
7
Pl.' s Mcm., Ex. 13 (Letter from Stephen E. Whitesell , NPS Regional Director to Paul Simkin,
Owner of Jack' s Canoes and Kayaks, LLC (Jan. 18, 20 13)). The letter further notified Plaintiff
that on that same date, January 18, 2013, NPS was releasing a Request for Qualifications (RFQ)
for non-mototized boat rental and storage services at or near the location of Plaintiff's present
operation. Id. The letter indicated that NPS would evaluate all responsive proposals, including
Plaintifrs should it wish to submit one, in a fair and consistent Cashion. Id. The deadline to
respond to the RfQ was February 6, 2013. Id. As the parties later represented to the Couit
during a February 19, 2013 on-the-record telephone conference, Plaintiff chose not to submit a
response to the RFQ.
On January 31, 2013 - thirteen days after the Park Defendants issued the lease
termination letter - Plaintiff filed its Complaint in this matter. See Compl. The Complaint
asserts the following five counts: (i) Declaratory Judgment (against the Park Defendants and the
District); (ii) Temporary, Preliminary, and Permanent Injunctive Relief (against the Park
Defendants); (iii) Intentional Interference with Business Relations (against NPF); (iv)
Conspiracy to Carry Out an Unlawful Eviction and Interfere with Plaintiff' s Business Relations
(against NPF); and (v) Negligent Interference with Business Relations (against NPF). See id.
On February 18, 201 3 - seventeen days after Plaintiff filed its Complaint and exactly one
month after the Park Defendants issued the lease termination letter - Plaintiff filed the motion for
temporary restraining order and preliminary injunction presently before the Court. See Pl. 's Mot.
The Court held a telephonic status conference with the parties on February 19, 20 I 3, during
which the Park Defendants indicated their agreement not to take any action against Plaintiff in
connection with its asserted leasehold interest until after March 31, 2013. See Min. Order (Feb.
8
19, 201 3). The Court ordered the parties to j ointly propose a briefing schedule and subsequently
granted the schedule requested.
3
See id.
II. DISTRICT'S MOTTON TO DISMISS
Because the District' s motion to dismiss directly challenges Plaintiff's constitutional
standing to pursue what appears to the Court to be its primary avenue of relief in this matter, the
Cowt shall address this threshold issue first.
Count One of Plaintiff's Complaint, the onl y count to which the District is a party, seeks
a declaratory judgment against the District and the Park Defendants. Plaintiff seeks a series of
declarations under this count - specificall y that: (a) Plaintiff is a lessee under the Lease; (b) The
Lease was never effectivel y assigned to NPF, and NPS is not a patt y to the Lease; (c)
Jurisdiction for administration and maintenance over Lot 805 was never effectively transferred
by the District of Columbia to NPS, or, if it was, such jurisdiction has reverted to the District of
Columbia; (d) The NPS and NPF decision to terminate the Lease and evict Plaintiff in order for
NPS to grant a concessions contract are not permitted by any District of Columbia assignment,
resolution, act, letter, or authority; and (e) Neither the NPF nor the NPS have the powe1 or
authority to terminate the Lease. See Comp!. at 2 1-22.
While Plaintiffs request vis-c1-vis the Park Defendants broadly seeks to establish its
status and rights as a lessee unde1 the Lease and the Park Defendants' lack of status as a lessor
3
The Court's February 19, 201 3 Minute Order futther stated that, in agreeing to withhold action
until March 31, 201 3 and in proposing the briefing schedule, the patties necessarily agreed, and
the Cou1t itself determined, that a ruling on Plainti ff's application for preliminary injuncti ve
reli ef beyond the twenty-one day timeline set fo1th in Local Civil Rui c 65.1 (d) would not
prejudice the patties. See LCvR 65.1 (d) ("On request of the moving party ... a hearing on an
applicati on for preliminary injunction shall be set by the court no later than 2 1 days after its
filing, unless the court eal'lier decides the moti on on the papers or makes a fi nding that a later
hearing date will not prejudice the parties. The practice in this jurisdi ction is to decide
preliminary injunction motions without live testimony where possible.").
9
Case 1:13-cv-00130-CKK Docume nt 29 Fil e d 03/28/13 Page 10 of 36
and corresponding lack of capacity to terminate the Lease, the crux of Plaintiffs request vi.N}-vis
tlie District is a more targeted chall enge to the validity of the District's transfer of administrative
jurisdiction over the Georgetown Waterfront Park, including Lot 805, to NPS (which included,
as part of the larger transfer process, its assignment of all leases, including the Lease, on the
Georgetown Waterfront Park to NPF). See Comp!. 39-57. At bottom, Plaintiff all eges that
the process by which the administrative jurisdiction over the Georgetown Waterfront Park was
transferred to NPS suffered from several defects such that it was never effectively transferred,
see id. 39-57, or, alternatively, if it was effectively transferred, a supplemental deed of
easements entered into in 2005 should have triggered revision of jurisdiction back to the District
under the terms of the 1985 Resolution and 1987 Letter, see supra Part I. i d. ,144.
According to Plaintiff, the practical upshot of the defective transfer process is that the
Park Defendants are left "with no standing to evict the Plaintiff, much less negotiate a new lease
agreement." Pl. 's Mem. at 12. In other words, the entirety of Plaintiff's case agai nst the District
appears to be premised upon a theory that because the transfer of administrative jurisdiction was
never properly executed (and because the assignment of the Lease to NPF was a pa1t of that
broader transfer process), NPF is not actuall y Plai nti ff's lessor. Therefore, Plaintiff contends that
neither NPF nor NPS (acting for and with the concunence of NPF), has legal capacity to take
any action against Plaintiff in connection with its claimed leasehold interest in Lot 805. As
aforementioned, neither the District nor the Park Defendants contest the validity of NPS' s
administrative jurisdiction over the real property that constitutes the Georgetown Waterfront
Park. See District's Mem. at 3 n.2; Park Defs' Opp'n at 3-4.
The District has moved to dismiss Count One pursuant to Federal Rule of Civil Procedure
12(b )(I) for lack of subj ect matter jurisdiction, on the ground that Plaintiff lacks constitutional
10
standing to request a declaratory judgment invalidating the transfer of jurisdiction from the
District to NPS (which, as the District contends, would effectively require the District to retake
and resume control of the Park).
4
See District's Mem. at 3. The District further argues that even
if Plaintiff did have standing to assert this request for declaratory relief, the Court 111ust dismiss
Count One insofar as it is asserted against it under Rule 12(b)(6) because it is time-barred by the
applicable statute of limitations. The Court shal I address both arguments below.
A. Standing
Article III of the Constitution limits the authority of federal cou11s to the resolution of
"Cases" and "Controversies." U.S. Const. a11. 111, 2. "This limitation is no mere formality: it
'defines with respect to the Judicial Branch the idea of separation of powers on which the
Federal Government is founded. '" Dominguez v. UAL Corp., 666 F.3d 1359, 1361 (D.C. Cir.
2012) (quoting Allen v. Wright, 468 U.S. 737, 750, 104 S. Ct. 3315, 82 L. Ed. 2d 556 (1984)).
"The Court begins with the presumption that it does not have subj ect matter jurisdiction over a
case." Kokkonen v. Guardian Life Ins. Co. of Am., 511 U.S. 375, 377, 11 4 S. Ct. 1673, 128 L.
Ed.2d 391 ( 1994).
In order to survive a motion to dismiss pursuant to Rule 12(b)(l), the plaintiff bears the
burden of establishing that the cout1 has subj ect matter jurisdiction. Moms Against Mercwy v.
FDA, 483 F.3d 824, 828 (D.C. Cir. 2007). In determining whether there is jurisdiction, the Cou11
may "consider the cornplaint supplemented by undisputed facts evidenced in the record, or the
complaint supplemented by undisputed facts plus the court's resolution of disputed facts." Coal.
4
The District also argues that Plaintiff lacks prudential standing to seek the requested declaratory
reli ef. However, because the Court fi nds that dismissal of this action against the District is
required, in pa1t, on grounds of a lack of constitutional standing, and in its entirety on grounds of
the applicable statute of li mitations, the Court need not address the District's arguments
regarding prudential standing.
11
for Underground Expansion v. Mineta, 333 F.3d 193, 198 (D.C. Cir. 2003) (citations omitted).
"At the motion to dismiss stage, counseled complaints, as well as pro se complaints, are to be
construed with sufficient liberality to afford all possible inferences favorable to the pleader on
allegations of fact." Settles v. US. Parole Comm 'n, 429 F.3d I 098, 1106 (D.C. Cir. 2005).
"Although a court must accept as true all factual allegations contained in the complaint when
reviewing a motion to dismiss pursuant to Rule I 2(b)( I )," the factual allegations in the complaint
"will bear closer scruti ny in resolving a I 2(b )(I) motion than in resolving a I 2(b)(6) motion for
failure to state a claim." Wright v. Foreign Serv. Grievance Bd., 503 F. Supp. 2d 163, 170
(D.D.C. 2007) (internal citations and quotation marks omitted).
To establish the jurisdictional prerequisite of constitutional standing, Plaintiff must first
show that it has suffered an "inj my in fact," that is, the violation of a legally protected interest
that is "(a) concrete and particularized; and (b) actual or imminent, not conjectural or
hypothetical. " Lujan v. Defenders of Wildlife, 504 U.S. 555, 560, 112 S. Ct. 2130, 119 L. Ed. 2d
351 (1992) (citations and intemal quotations omitted). Second, "there must be a causal
connection between the injury and the conduct complained of." id. Stated differently, the injury
must be " fai d y traceable to the defendant's allegedly unlawful conduct." Allen, 468 U.S. at 751.
Third, it must be <' likely" that the ittjury would be ''redressed by a favorable decision." Lujan,
504 U.S. at 560 (quoting Simon v. E. Ky. Welfare Rights Org. , 426 U.S. 26, 4 1-42, 96 S. Ct.
19 17, 48 L. Ed. 2d 450 ( 1976)).
Before applying this rubric to the case at hand, the Court pauses to make a preliminary
observation about the woeful inadequacy of Plaint iff's briefing in opposition to the District's
standing arguments. It is axiomatic that the "party invoking federal juri sdiction bears the burden
of establishing the[ ] elements" of constitutional standing. Lujan, 504 U.S. at 56 1. Since these
12
Case 1:13-cv-00130-CKK Document 29 Fil ed 03/28/13 Page 13 of 36
elements "are not mere pleading requirements but rather an indispensable pa1t of the plaintiffs
case, each element must be supported in the same way as any other matter on which the plaintiff
bears the burden of proof-1.]" Id. To be sure, at t he pleading stage, general factual all egations of
injury resulting from the defendant's conduct wi ll suffice. id. However, for reasons discussed
fully below, the Court finds that Plaintiff's Complaint fails to show how the District' s
(purportedly t1awed) transfer of j uri sdiction caused Plaintiff the harm alleged. Plainti ffs
briefing fares no better.
rn its motion to dismiss, the District unambiguously argued that Count One fai ls to satisfy
the requirements of constitutional standing, particularly causation and redressability. See
District's Mem. at 5. Jn response, Plaintiff devotes four pages of its opposition brief to standing,
the near entirety of which consists of block quotes from cases discussing an "aggrieved party's"
entitlement to challenge agency action pursuant to the Administrative Procedures Act, 5 U.S.C.
702 (the "Federal APA"), and, in one case, the Metropolitan Washington Airpo11s Act of 1986,
codified as amended at 49 U.S.C. 101-112 (which, as Plaintiff explains, the Court analogized
to the Federal APA). See Pl. 's Opp'n at 4-7. Beyond a conclusory single-sentence assertion that
Plaintiff possesses standing, Plaintiff makes not one mention to its own case, neglecting to apply
the cited case law or to di scuss or even reference the facts or circumstances at hand.
Plaintiff has thernfore brazenly left the District and the Court al ike to guess as to its
theory of standing vis-a-vis the District. As the District correctly observes in its reply
memorandum, Plaintiff directs the Court only to authority regarding congressional grants of
jurisdiction - specifically, the Federal APA and Metropolitan Washington Airports Act of 1986 -
that are neither mentioned in the Complaint nor generally applicable to lawsuits against the
District. District's Reply at 3. Plaintiff has not, and indeed could not, explain how the District
13
would be amenable to suit under either ptovision. See Walker v. Washington, 627 F.2d 541, 544
(D.C. Cir. 1980) (plaintiff could not assert claims against District pursuant to the Federal APA).
Further, even if Plaintiff had identified a statutory basis on which to ground its challenge to the
transfer process, it is well-established that statutorily conferred standing docs not circumvent the
need to establish constitutional standing. See Am. Legal Found. v. F.C.C. 808 F.2d 84, 89 (O.C.
Cir. 1987) ("Congress cannot statutorily remove or diminish the constitutional limits on which
standing is based.").
With that said, the Court shall now proceed to the merits of the Disttict' s standing
arguments. Fairly read, Count One assetts two separate (albeit related) requests for declaratory
relief applicable to the District. First, Plaintiff requests a declaration that the District "never
effectively transferred'' administrative jurisdiction to NPS, or if it did, that such jurisdiction has
since reverted to the District. See Comp!. at 21, 1f I (c). Second, Count One requests a
declaration that the District "never effectively assigned" the Lease to NPf. id. at 1f 1 (b).
Because "a plaintiff must demonstrate standing separately for each form of relief sought," the
Cou1t shall separately consider Plaintiff's standing with tespect to each request. Fr;ends of the
Earth, Inc. v. Laidlaw Environmental Servs., Inc., 528 U.S. 167, 185, 120 S. Ct. 693, 528 U.S.
167 (2000)).
1. Transfer of Administrative Jurisdiction to NPS
The only injury alleged by Plaintiff both in its Complaint and other subrnissions -
relates to the purported destruction of its business interests, including its alleged interest in the
Lease. See generally Comp!.; Pl.'s Aff. Plaintiff's submissions also unequivocally allege that
such injury has arisen from the purportedly wrongful conduct of NPS and/or NPF, beginning no
earlier than August 2012, in connection with NPS and/or NPF's ongoing efforts to terminate the
14
Lease and remove Plaintiff from Lot 805. Id. The District argues that even assuming arguendo
that the harm to Plaintiffs business interests constitutes legally cognizable injury-in-fact for
purposes of standing analysis, Plaintiff has not and could not demonstrate that any such harm is
"fairly traceable" to the District's transfer of jurisdiction over the property at issue, or that it
would be redressed by a decision to declare the District's transfer of administrative jurisdiction
invalid. District' s Mem. at 6. The Couit agrees.
"Although they often overlap, the causation and redressability requirements are
theoretically distinct." Mideast Sys. And China Civil Const. Saipan Joint Venture, Inc. v. Hodel,
792 F.2d 1172, 1176 (D.C. Cir. 1986). Causation "looks at the relationship between the alleged
unlawful conduct and the injury[.]" Id. Redressability concerns "the relationship between the
injury and the requested reli ef." Id. (citations omitted). "This distinction is important in cases
where the required relief is so broad that it could alleviate the injury, but where there is still no
causal nexus. In many cases, however, the two criteria are simply two facets of a single causation
requirement." id. (citation and internal quotation marks omitted). In some cases, "it is sufficient
to treat the two clements as if they were identical." Id. The instant case is one of those cases.
Clearly, Plaintiff does not allege that the District itself is directly liable for the Park
Defendant's attempts to terminate its alleged leasehold interest. Rather, the underlying conduct
challenged by Plaintiff in Count One is the allegedly defective process by which the transfer of
administrative jurisdiction over the Georgetown Waterfront Park, including Lot 805, was
executed. Specifically, Count One propounds factual allegations relating to vari ous alleged
violations of the conditions for the transfer set forth in the 1985 Resolution, occurring between
the years of 1987 and 2005 - more than one decade before the purportedly wrongful attempts by
NPF and/or NPS to terminate its lease that gave rise to this lawsuit, and also before Plaintiff
15
alleges to have become a party to the Lease. See Compl. ~ ~ 39-55. Whi le one of the alleged
violations (which the Cou1t shall address infra Part 11.A.2) directly concerns the District's
assignment of the Lease to NPF, all others appear to bear no such connection to the Lease or to
any other interest asse1ted by Plaintiff.
Specifically, Plaintiff takes issue with the foll owing actions:
Finit, Plaintiff alleges that the 1985 Resolution provides that jurisdiction
shall be transferred to the NPS "5 years after the effective date of this
resolution unless ... suitable sites and faci lities have not been obtained for
the relocation of those public works faci lities now located on the parcels of
land that are pa1t of the Georgetown Waterfront Park," and alleges - albeit
vaguel y - that " [s]uch public works faci lities were not relocated within five
years after the effective date of the 1985 Resolution. Comp!. ,l 40.
Notably, Plaintiff nowhere alleges that it was harmed by the alleged failure to
relocate any public works facilities. Rather, Plaintiff merely argues that this
failure precludes the valid transfer of administrative jurisdiction over Lot 805
from ever having taken place. See Pl. 's Mem. at 12- 16.
Second, Plaintiff alleges that the 1985 Resolution mandated that an exchange
of letters between the Mayor and the NPS provide for a requitement that the
N PS assume responsibility to "repair, maintain, and protect al I wharves,
piers, bulkheads, and similar structures that are located on the transferred
land or in adjacent waters," but that the single 1987 Lette1, in an act not
authorized by the 1985 Resolution, excepted from the NPS's responsibility
the obligation to "repair, maintain, and protect wharves, piers, bulkheads, and
simi lar structures that are the subject of leases on the transferred land or in
adjacent waters." Comp!. 1 ~ 46-47.
Again, Plaintiff nowhere alleges that it was harmed by the alleged limitation
on the respons ibility provision. Rather, Plaintiff merely argues that the
failure of the 1987 Letter to conform with the requirement set forth by the
1985 Resolution precludes the valid transfer of administrative jurisdiction
over Lot 805 from ever having taken place. Pl. 's Mem. at 12-16.
Third, Plaintiff alleges that the Council conditioned approval of the 1985
Resolution on the ability of the exchange of letters to include "condi tions,
including a reversion of jurisdiction to the District .. . whi ch fully protect the
District . . . in the event . .. of ... an [a]mendment or cancellation of [a]
January 7, 1985 deed bet ween Washington Harbour Associates, Georgetown
Potomac Company, Mount Clare Properties (D.C.) Jnc., and the United
States of America[.]" Comp!. ,I 41. While the 1987 Letter purportedly
16
sufficiently affirmed that a material amendment to the 1985 Deed would
trigger reversion of jurisdiction to the District, i d ~ 43, Pl aintiff alleges that a
"Supplemental Deed of Easements dated March l, 2005" "signifi cantly and
materially" altered easements provided for in the 1985 Deed, therefore
tri ggeri ng reversion of jurisdiction to t he District, i d ~ 44-45.
Once again, Plaintiff nowhere alleges that the supplemental deed harmed its
interests. Rather, Plaintiff merel y argues that even if the transfer of
jurisdi ction had been properly effectuated, jurisdiction necessaril y reverted to
the District in 2005. Pl. 's Mem. at 16-17.
Even assuming, as the Court is required to do in conducting a standing analysis, that the
foregoing allegations are true, the Coutt is hard-pressed to find that Plaintiff has constitutional
standing to seek a declaration invalidating the transfer. For starters, Plaintiff has simply not
alleged that the above specified defects themselves caused it harm. Nor does Plaintiff appear to
be proceeding undel' a theory that it suffered "procedural injury" from the District's allegedly
fl awed execution of the transfer. While "procedural injury" may itself constitute injury-in-fact,
Plaintiff has expressly disclaimed any intent to " independent[ly] challenge" the transfer of
jurisdiction as such; rather, it is clear that its attack on the transfer process is wedded to its core
challenge to the authority of the Park Defendants to act under the Lease. See Pl. 's Reply at 11 .
In any event, even if Plaintiff were claiming procedural injury, "plaintiffs seek[ing] to enforce
procedural (rather than substantive) rights ... must establish that ' the procedures in questi on are
designed to protect some threatened concrete interest of [theirs] that is the ultimate basis of
[their] standing."' NB ex rel. Peacock v. District of Columbia, 682 F.3d 77, 82 (D.C. Cir. 2012)
(quoting Lujan, 504 U.S. at 573 n. 8). Here, Plaintiff has made no showing that the procedural
errors alleged relate in any way to its own leasehold interest.
Rather, it is apparent from Plaintiff's submissions that the all eged procedural errors are
Plaintiffs way of attacking the underlying validity of NPS's present-day possession of
administrative jurisdiction. The fundamental flaw in Plaintiff' s approach, however, is that it has
17
case 1:13-cv-00130-CKK Document 29 Filed 03/28/13 Page 18 of 36
failed entirely to show a sufficiently close causal nexus between the transfer of administrative
jurisdiction to NPS and the assignment of the Lease to NPF. More precisely, Plaintiff has made
no showing that the practical effect of a declaratory judgment invalidating the transfer of
administrative jurisdiction would be to annul NPF's status as lessor.
Plaintiff makes an admittedly superb effort to conflate the two transactions in its
submissions to the Court, and the allegations in its Complaint do imply that but for the District' s
broader efforts to transfer administrative jurisdiction, the District would not have assigned the
Lease to NPF. Yet Plaintiff alleges no facts to even suggest that the purportedly defective
execution of the former action necessarily discredits the execution of the latter. As Plaintiff
alleges (and the record before the Court confirms), the District and the NPF executed the
Assignment Agreement purporting to transfer the Lease on March 30; 2000. See Compl. ~ 28;
Pl.'s Mem., Ex. 19 (Lease). Plaintiff also alleges (and the record before the Court confirms) that
this assignment agreement was executed in an effo1t to satisfy one of the conditions set faith in
the 1985 Resolution calling for the transfer of jurisdiction. See C a m p i ~ ~ 25-28, 46-55; see also
Pl. 's Mem., Ex. 19 (Lease). Whether or not this condition was satisfied may certainly be
relevant to whether the transfer of jurisdiction was in fact effectuated. However, it does not
automatically follow that a failure to properly effectuate the transfer - which Plaintiff attributes
to a handful of technical flaws wholly unrelated to the assignment of the Lease - bears any
implication for the independent validity of the Assignment Agreement or the corresponding
status of NPF as holder of the Lease. And Plaintiff has provided no allegations or explanation
from which the Cou1t could plausibly infer that it does.
Not has Plaintiff satisfied its burden to show that an order declaring the transfer of
jurisdiction ineffective would alleviate its al leged injury. An order to this effect would, as a
18
technical matter, revert jurisdiction over the entire Georgetown Waterfront Park to the District.
However, for reasons explained above, there is nothing in the record indicating that such a
declaration would, operating alone, nullify the Assignment Agreement. While the District and
NPF could agree to execute an agreement reassigning the leases on the property to the District
for purposes of consistency, this would nevertheless require additional action beyond the scope
of the Court's declaration. And "[ c ]ourts have been loath to find standing when redress depends
largely on policy decisions yet to be made by government officials." U.S. Ecology, Inc. v. U.S.
Dep't of Interior, 231 F.3d 20, 24 (D.C. Cir. 2000). See Tex. Alliance.for Home Care Servs. V.
Sebelius, 811 F. Supp. 2d 76, 98 (D.D.C. 2011) ("Where, as here, ove1turning a particular agency
action would not alter the final outcome, redressability remains unsatisfied.") (citation omitted).
Furthermore, it is well-established that "it must be ' likely,' as opposed to merely 'speculative,'
that the injury wi ll be 'redressed by a favorable decision.' " Lujan, 504 U.S. at 560-61 (quoting
Simon, 426 U.S. at 38, 43). The "li kelihood" of the District and NPF taking the additional step
to reassign the lease to the District is slim, especially in view of the District's representations that
it equally likely - "if not more so" that the District would "renew its transfer of jurisdiction to
NPS" Ot', even if the District were in fact forced to reassume status as PlaintifPs lessor, "itself
seek to terminate" Plaintiff's alleged tenancy. District's Mem. at 7.
Because, for all of the foregoing reasons, Plaintiff has fai led entirely to demonstrate
causation and redressability, the Court holds that Plaintiff lacks constitutional standing to request
a declaratory judgment that the District "never effectively transferred" administrative jurisdiction
. .
to NPS, or if it did, that such jurisdiction has since reverted to the District. See Comp!. at 21, if
I (c).
19
2. Assignment of the Lease to NPF
Count One of the Complaint also requests a declaration that the District "never
effectively assigned" the Lease to NPF. Compl. t ~ l(b). Plaintiff alleges that, although the
1985 Resolution specifically required the District to assign the Lease to NPS, the Di strict instead
assigned the Lease to the NPF. Comp!. ,1,148-55. While Plaintiff acknowledges the passing by
the District of Columbia Counci l of two Emergency Resolutions amending the 1985 Resolution
to permit NPF to "accept the assignment of leases [including the Lease] for the [NPS] under the
transfer of jurisdiction authorized by [the 1985 Resolution],'' Plaintiff all eges that the
Assignment Agreement concerning its Lease was executed at a time after one of the resoluti ons
had expired, and before the other tesolution became effective. See Comp!. ~ ~ 52-55 & Ex. 17
(Emergency Resolution (April 4, 2000)); Ex. 18 (Emergency Resolution (December 2 1, 1999)).
Accordingly, Plaintiff argues that because the District fail ed to provide for the assignment of its
Lease to NPF legislatively at the time the assignment was executed, the assignment was invalid.
See Pl. 's Mem. at 14-15.
As shall be discussed in further detail below in the context of the Court's ruling on
Plaintiff's motion for temporary and preliminary injunctive relief, the above allegations are
beli ed by the evidence before the Court, which indicates that the assignment to NPF was in fact
legislatively authorized at the time it was executed. See infra Part HJ.A. However, because the
merits of a plaintiff's case must be assumed when considering standing, Vietnam Veterans ofAm.
v. Shinseki, 599 F.3d 654, 658 (O.C. Cir. 20 I 0), the Court will presume for purposes of the
present ruling on the District's motion to dismiss the truth of Plaintiffs allegations that the
Assignment Agreement both required and Jacked legislative authori:t:ation. The Court shall
20
likewise accept as true for present purposes Plaintiff's allegations that it is a party Lo the Lease
that is Lhe subject of the Assignment Agreement.
In view of these al legations, the Court finds that Plaintiff possesses constitutional
standing with respect to its request for a declaration that the District "never effectively assigned"
the Lease to NPF. To be sure, the causal nexus between the District's assignment of Plaintiff's
Lease to NPF in 2000 - seven years before Plaintiff even purports to have acquired its claimed
interest in the Lease - and the injury and threat to Plaintiffs business interests allegedly resulting
from the only recent conduct by the Park Defendants is not exactly direct. However, because
ultimately neither the NPF nor the NPS (acting for and with the concurrence of NPF), would
possess the legal authority to take action against Plaintiff in connection with the Lease if the
District had never effectively assigned said Lease to the NPF, the Court finds that Plaintiff has
met its burden in showing Lhat its alleged injury is fairly traceable to the execution of the
Assignment Agreement. Plaintiff has likewise sufficiently established redressability. In contrast
to a declaration invalidating the broader transfer of jurisdiction, the practical and indeed
automatic effect of a declaration invalidating the assignment would be to divest the N PF from its
purported authority to terminate the Lease.
B. Statute of Limitations
The District has also moved to dismiss Count One, insofar as that Count is asserted
against iL, on the ground that Plaintiffs claims are time-barred under the statute of
limitations provided by D.C. Code 12-30 I (7) and (8). See D.C. Code 12-30 I (7) (three-year
limitations period for actions involving "simple contract, express or implied"); id. at (8) (three-
year limitations period for actions "for which a limitation not otherwise specifical ly
prescribed"). A defendant may raise the affirmative defense of statute of limitations in a motion
21
to dismiss under Federal Rule of' Civil Procedure 12(b)(6) when the facts that give ri se to the
defense are evident froin the face of the complaint. See Smith-Haynie v. District of Columbia,
155 F.3d 575, 578 (O.C. Cir. 1998). The Court should grant a motion to dismiss only if the
complaint on its face is conclusively time-barred. Id. Here, the face of the Complaint makes
patently clear that Plaintiff is time-barred from .asserting both of its specific requests for
declaratory relief applicable to the District - specifically, declarations that the District "never
effectively transferred" administrative jurisdiction to NPS, or if it did, that such jurisdiction
reverted to the District in 2005, see Comp!. at 21, ii I (c), and that the District "never effectively
assigned" the Lease to NPF, id. at if 1 (b).
As di scussed at length above, all of the actions and omissions giving rise to Plaintiff's
attacks on both the validity of the District' s transfer of administrative jurisdiction to NPS and the
District's assignment of the Lease to NPF occurred no later than 2005. See Compl. ii 40
(purpmted fai lure to relocate public facilities within five years of the 1985 Resolution); Comp!.
~ r 41-45 (alleged reversion of jurisdiction to the District in 2005 due to amendments to 1985
Deed of Easements); Com pl. ili f 46-47 (1987 Letter failed to include conditions as stated in 1985
Resolution); Compl. iii! 46, 48-49, 52-55 (unauthorized assignment of Lease to NPF instead of
NPS in 2000). Accordingly, applying the three-year statute of limitations, Plaintiff was
precluded from challenging both the transfer of jurisdiction and the assignment of the Lease long
before it filed the instant Complaint.
Plaintiffs arguments to the contrary are unavaili ng. First, Plaintiff argues that the six-
year federal statute of li mitations under 28 U.S.C. 240 I (a) (the "Federal To1t Claims Act" or
"FTCA") - not the three-year District of Columbia statute of limitations should apply because
the NPS (i.e., the United States) is a party to this action, and also because jurisdiction in this case
22
is founded on federal question j uri sdiction pursuant to 28 U.S.C. 1331 (and not diversity of
citizenship under 28 U.S.C. 1332). Pl. 's Opp' n at 8. Plaintiff provides no aulhority for the
proposition that the FTCA statute of li mitations (which applies to actions against the United
States, 28 U.S.C. 240 I (a)) governs Count I insofar as it is asserted against the District, a non-
federal defendant, and this Court is aware of none. Furthermore, the Court agrees with the
District that Count I, insofar as it is asserted against the District, may be fairly characterized as
asserting a series of contract related claims. Aside from the FTCA, Plaintiff itself proffers no
alternative theory, and several arguments asse1ted by Plaintiff in fact implicitly validate the
District's characterization. See, e.g., Pl. ' s Opp' n at 9-1 I (citing to cases discussing contract
principles and referring to the Defendants' continued reliance on the transfer of jurisdiction and
the Lease assignment as ongoing "breaches").
Second, Plaintiff contends that, in declaratory judgment actions, the statute of limitations
does not begin to run unti I the party "becomes aware that the 'government has taken an adverse
position."' Pl. 's Opp'n at 9 (citing Minidoka Irrigation Dist. v. DOJ,154 F.3d 924, 926, n. l (9th
Cir. 1998)). Plaintiff argues that because it did not become aware of the "adverse positions" of
the Defendants until 2012 and 2013, it has timely filed suit. id. Plaintiff is mistaken. As the
District correctly rebuts, it is well-established in the O.C. Circuit that the "discovery rule is the
general accrual rule in federal courts." Connors v. Hallmark & Son Coal Co., 935 F.2d 336, 342
(D.C. Cir. 1991). Under the discovery rule, a claim for relief accrues at the time the plaintiff
discovers, or with due diligence should have discovered, the injury that is the basis of the action.
Id. Here, there is no doubt that all of the alleged defects with the transfer to NPS and the
assignment to NPF took place long before 2007, when Plaintiff purportedly acquired its interest
in the Lease. Accordingly, Plaintiff had a duty to exercise reasonable diligence with respect to
23
the terms of that Lease on April 12, 2007, the date on which it allegedly became a party thereto.
Because Plaintiff instead waited nearly six years a'fler the date on which it was put on inquiry
notice, any claims it may have had against the District in connection with the Lease arc three
years overdue under D.C. Code 12-30 I (7) and (8).
Finally, Plaintiff argues that because all of the defendants in this action continue to the
present day to rely upon the (allegedly in val id) transfer of jurisdiction and assignment of the
Lease, and their recurring unlawful conduct continues to harm Plaintiff, any applicable statute of
li mitations - whether it be the six-yeal' FTCA period or the three-year period alleged by the
District - starts anew each month. Pl. 's Opp'n at 9-1 I. Plaintifrs fi nal argument is likewi se
unavai ling. As explained above, all of the conduct and omissions on which Plaintiff relies to
fra111e its challenge under Count I took place between the years of 1985 and 2005, and Plaintiff
was put on inquiry notice of the end result of such conduct - namely, the transfer to NPS and the
assignment of the Lease to NPF - in 2007. Whi le the conflict between the Park Defendants and
Plaintiff giving rise to Plaintiff's present complaints is perhaps ongoing, Plaintiff has alleged no
conduct whatsoever by the District, or with respect to the transfer or the assignment, that is
recurring in nature.
For all of the foregoing reasons, the Court holds that Plainti ff lacks constitutional
standing to request a declaratory judgment that the District "never effectively transferred"
administrative jurisdiction to NPS, or if it did, that such jurisdiction has since reverted to the
District. See Comp!. at 2 l, ,I 1 (c). Fwthet, even if Plaintiff did have standing to bring this
1equest, such request would be time-barted under the three-year statute of limitations provided
by D.C. Code 12-301 (7) and (8). Although the Cou1t finds that, based on the present record,
Plaintiff has constitutional standing to bring its remaining request for declaratory relief against
24
the District - specifical ly, that the Di strict "never effectively assigned" the Lease to NPF, id. t ~
l (b) - this request is also time-barred under D.C. Code 12-301 (7) and (8).
Accordingly, the Court shall grant the District's motion to dismiss.
Ill. PLAINTIFF'S PRELIMINARY IN.JUNCTION MOTION
"The standard for issuance of the extraordinary and drastic remedy of a temporary
restraining order or a preliminary injunction is very high." Tolson v. Stanton, 844 F. Supp. 2d 53,
56 (D.D.C. 2012) (citation omitted); see also Winter v. Natural Res. Def Council, Tnc. , 555 U.S.
7, 21, 129 S. Ct. 365, 172 L. Ed. 2d 249 (2008) (noting that a preliminary injunction is "an
extraordinary remedy" that may only be awarded upon a clear showing that the plaintiff is
entitled to such reliet). "To prevail," the plaintiff must demonstrate "( I ) a substantial I ikelihood
of success on the merits, (2) that it would suffer irrepafable injury if the injunction is not granted,
(3) that an injunction would not substantially injure other interested parties, and ( 4) that the
public interest would be furthered by the injunction." CityFed Fin. Cmp. v. Office of Thrift
Supervision, 58 F.3d 738, 746 (D.C. Cir. 1995) (citation omitted).
Historically, these four factors have been evaluated on a "sliding scale" in this Circuit,
such that a stronger showing on one factor could make up for a weaker showing on another. See
Davenport v. Int'/ Bhd. of Teamsters, AFL-CIO, 166 F.3d 356, 360- 61 (D.C. Cir. 1999). The
continued viability of that approach has recently been call ed into some doubt, as the United
States Court of Appeals for the District of Columbia Circuit has suggested, without holding, that
a likelihood of success on the merits is an independent, free-standing requirement for a
preliminary injunction. See Sherley v. Sebelius, 644 F.3d 388, 392-93 (D.C. Cir. 20 11 ); Davis v.
PBGC, 571 F.3d 1288, 1292 (D.C. Cir. 2009). However, absent binding authority or clear
guidance from the Court of Appeals, the Court considers the most prudent course to bypass this
25
unresolved issue and proceed to explain why a preliminary injunction in this case is not
appropriate under the "sliding scale" framework. If a plaintiff cannot meet the less demanding
' 'sliding scale' ' standard, then it certainly could not satisfy the more stringent standard al luded to
by the Court of Appeals.
A. Likelihood of Success on the Merits
While Plaintifrs Complaint seeks declaratory relief against all defendants, injunctive
relief against the Park Defendants, and compensatory and punitive damages in connection with
its tort claims against NPF, Plaintiff's motion seeks more targeted temporary and preliminary
injunctive relief against only the Park Defendants. Specifically, Plaintiff seeks an order
restraining and enjoining the Park Defendants from "taking any further actions whatsoever that
interfere in any manner with the continuing operation of Jack's Boathouse by [Plaintifl1,
including without limitation, seeking or threatening to terminate the Lease or evict [Plaintift1
without a Court Order following a final judgment on whether the NPF and/or the NPS have the
power and jurisdiction to do so." Pl. ' s Proposed Preliminary Injunction Order, ECF No. [12-2).
Accordingly, the question before the Court on Plaintiff's instant motion is whether Plaintiff is
likely to succeed on the merits of its claim that NPF and/or NPS have no legal authority to take
action against Plaintiff in connection with its alleged leasehold interest.
"The first component of the likelihood of success on the merits prong usual ly examines
whether the plaintiffs have standing in a given case." Barton v. District of Columbia, 131 F.
Supp. 2d 236, 243 (D.D.C. 2001) (citing Steel Co. v. Citizens for a Better Environment, 523 U.S.
83, I 0 l (l 998)). For reasons articulated supra Part ILA. I, the Court has already determined that
Plaintiff Jacks constitutional standing to bring its claim for a declaratory judgment that the
District "never effectively transferred" administrative jurisdiction to NPS (or that if it did, such
26
jurisdiction has since rnvertcd to the District), which Plaintiff asserts against all Defendants
collectively. See Comp I. at 2 l, ii 1 (c). Howevet, all other claims falling within the scope of
Plaintiff's instant motion - specificall y, its requests for declaratory judgments that Plaintiff is a
lessee under the Lease; that the Lease was never effectively assigned to NPF and that NPS is not
a party to the Lease; that the Park Defendants' decision to terminate the Lease is not permitted
by any District of Colun1bia assignment, resolution, act, letter, or authority; that neither of the
Park Defendants have the power or authority to terminate the Lease; and its request for a
permanent injunction against the Park Defendants from interfering with the business operations
of or evicting Plaintiff - all appear to beat a sufficiently close causal nexus (and would
theoretically remedy) the alleged injury to Plaintiff' s business interests stemming from the recent
conflict with the Park Defendants over its leasehold interest. Fot this reason, Plaintiff has more
likely than not established constitutional standing to bring those claims. See Lujan, 504 U.S. at
56 1 ("irreducible constitutional minimum of standing" requi res "injury in fact" that is "fairly
traceable" to the defendant's chall enged conduct and "likely,, to be "redressed by a favorable
decision"). Whi le the Park Defendants broadl y assert in their combined opposition to Plaintiff's
motion!motion to di smi ss that Plaintiff lacks constitutional standing to bl'ing all of its claims, it is
evident from their reply brief submitted in connection with their motion to dismiss that their
standing argument is more accurately described as confined to Plaintiff's underl ying attack on
the transfer of admini sttative jurisdiction. See Park Del's' Reply at 3. Accordingly, the Court is
satisfied, for purposes of the instant request for preliminary relief, that Plaintiff more likely than
not has standing to bring its claims against the Park Defendants, save for its request for a
declaratory judgment invali dati ng the transfer of jurisdiction.
27
In order to succeed on the merits of those claims, Plaintiff must prove both that it is a
party to the Lease and that the Park Defendants do not possess the authority to take adverse
action against him in connection with its interest in the Lease. Even assuming arguendo that
Plaintiff can establish that it does in fact have a leasehold interest in Lot 805 - . either as a
successor in interest to the Lease or under an implied month-to-month lease resulting from
Plaintiffs payment of monthly rental since 2007
5
- the Cou1t finds for the below reasons that
Plaintiff has failed to make a sufficient showing that it is likely to prove that NPF or NPS (acting
for and with the concurrence of NPF) lack capacity to act under the Lease, including to terminate
it.
First and foremost, Plaintiff's allegation that the Lease was never "effectively assigned"
to NPF is belied by the documents attached as exhibits to the patties' submissions - most
notably, the March 30, 2000 Assignment Agreement between the District and NPF, which
Plaintiff submitted with its motion and which evidences the District's full assignment of all of
the then-existing leases on the Georgetown Waterfront Park to NPF, and NPF's corresponding
"unconditional( ] assum[ption of] all of the responsibilities, obl igations, and liabilities of lthe
District] under the Lease[.]" See Ex. 19 (Assignment Agreement). Additionally, the
correspondence between NPF and NPS submitted by the Park Defendants in suppo1t of its
motion demonstrates that shortly prior to the execution of the Assignment Agreement, the NPS
directed the NPF to accept the District' s assignment of the Lease and also "accept( ed]
appointment as [NPF's] agent for purposes of fulfilling all obligations, and pursuing all rights
5
Even this fact, however, is in dispute. See Park Defs' Opp' n at 3; see also Pl.'s Mem., Ex. 14
(Press Release entitled "National Park Service Invites Proposals for Georgetown Boat Rental"
(Jan. 18, 2013) ("The NPS began working with Mr. Simkin[, Owner of Jack's Canoes & Kayaks,
LLC] last year to convert the operation to a concession contract, sta1ting with a non-competitive,
short-term agreement, but in. the process discovered that the lease had never been legally
transferred to hirn, thus necessitating a competitive process to award a contract.").
28
and remedies to the terms and provisions of the Lease[], in accordance with [its] terms[.)" See
Park Del's' Reply, Ex. 1 (Letter from Terry R. Carlstrom, Regional Directot, NPS to James D.
Maddy, NPF President (Sept. 24, 1999)), ECF No. [26-1]. See also id., Ex. 2 (Letter from Terry
R. Carl strom, Regional Director, NPS to Hon. Anthony Williams, Mayor of the District of
Columbia (Sept. 24, 1999)), ECF No. [26-2] ("The fNPS] hereby requests and authorizes the
District of Columbia to assign the Leases to the [NPF] in f ulfillment of the obl igations of [the
1985 Resolution) and acknowledges and agrees that such assignment to the NPF shall fulfi ll the
obligation of the District of Columbia with respect to assignment of the Leases to the [NPS].").
While Plaintiff alleges that the Assignment Agreement itself is invalid due to a lack of
legislative authorization for the assignment to NPF, the Couit finds this allegation likewise
dubious. Prel iminaril y, Plaintiff cites - somewhat misleadingly - to a statement from the Office
of Corporation Counsel of the District of Columbia (now the Attorney General's Office) for the
assertion that t he Assignment Agreement, standing on its own, lacks val idity without legislative
authorization. See Pl. 's Mem. at 14. However, the document to whi ch Plaintiff cites indicates
that Corporation Counsel opined, "that legislation is necessary to authorize the assignment of
leases to the [NPF] rather than the [NPS]." Sae Pl. 's Mem. , Ex. 17 (Emergency Resolution
(April 4, 2000)) (emphasis added). The document itself is a District of Columbia Council
resolution, which is expressly described as relating to the "need to clarify that the [NPF] can
accept the assignment of leases for the NPS under the transfer ojjurisdiclion authorized by [the
1985 Resolution]." id. (emphasis added). ln other words, while Plaintiff's postulation that the
assignment itself would be invalid without authorizing legislation is plausible, an equally if not
more plausible interpretation of the cited statement indicates that the legislation was instead
29
Case Document 29 Fi led 03/28/13 Page 30 of 36
required to amend the 1985 Resolution to ensure that assignment to NPF would fulfill its ori ginal
terms, thereby satisfying the conditions for the transfer of jurisdi ction.
More critically, however, even assuming arguendo that Plaintiff is co1i-ect that the
Assignment Agreement is itself necessarily null and void without authori zi ng legislation, the
record before the Court indicates that there was, in fact, authorizing legislation. As
aforementioned, Plaintiff acknowledges the passing by the District of Columbia Council of two
Emergency Resolutions to permit NPF to "accept the assignment of leases [including the Lease]
for the [NPS] under the transfer of jurisdiction authorized by [the 1985 Resolution]," but all eges
that the Assignment Agreement concerning its Lease was executed at a time after one of the
resolutions had expired, and before the other resolution became effective. See Comp!. 52-55
& Ex. 17 (Emergency Resolution (April 4, 2000)); Ex. 18 (Emergency Resolution (December
21 , 1999)). However, the Assignment Agreement itself provides as follows:
WHEREAS, the Council enacted Act No. 13-252, the "Transfer of Jurisdiction over
Georgetown Waterfront Park for Public Park and Recreational Purposes, S.O. 84-230,
Emergency Act of 1999", effective January 27, 2000, amending the Resolution to
authorize the District to assign the Leases to Assignee.
Pl. 's Mem., Ex. 19 (Assignment Agreement).
Curiously, neither party has directed the Court's attention to the referenced legislation,
but the publicly available act corroborates thi s prnvision. See D.C. Act 13-252 (January 27,
2000) ("The phrase 'Nati onal Park Service' in section 3(7) of [the 1985 Resolution] includes the
'National Park Foundation for the benefit of the National Park Service.'") This given, Plaintiff's
allegations that the execution of the Assignment Agreement was an ultra vires transaction and
consequentl y inoperative are unlikely to be sustained upon an adjudication on the merits.
Beyond its all egations of a want of authorizi ng legislation, the only other support Plaintiff
proffers for its claim that NPF is not its proper lessor is its far-reaching challenge to the whole
30
Case 1:13-cv-00130-CKK Document 29 Fil ed 03/28/13 Page 31of 36
transfer of jurisdiction process. As the Park Defendants accurately contend, the near entirety of
Plaintiffs Complaint appears to rest on a theory that the Park Defendants somehow do not have
the capacity to terminate the Lease because NPS never acquired administrative jurisdiction over
any of the Georgetown Waterfront Park from the District. Park Defs' Reply at 3. However, as
explained at length in the context of the Court's ruling on the District's rnotion to dismiss, see
supra Part TI , because Plaintiff has failed to show that the procedural infirmities that allegedly
infected the broader transfer process relate to the validity of the assignment or to any other of
Plaintiffs asserted interests, Plaintiff lacks standing to challenge the status of NPF as its lessor
on this ground.
Finally, even putting aside all evidentiary and standing barriers - as a contractual and
indeed equitable matter, the record presently before the Court would likely support a finding that
to the extent Plaintiff or its alleged ever had valid grounds to object to
the transfer of jurisdiction or the assignment of the Lease, such objections have since been
waived. Neither of Plaintiffs two purported predecessors are alleged to have challenged either
transaction when originally executed. Further, Plaintiff itself, by objecting to neither the transfer
nor the Lease assignment upon acqui1'ing the claimed leasehold interest and by paying monthly
rent checks to the NPF since its incorporation in 2007, see Compl. iii! 30-31, has in all likelihood
waived any challenge it may have initially had regarding the status of the NPF as its lessor. See
Acme Process Equip. Co. v. United States, 347 F.2d 509, 51 5-518 (Ct. Cl. 1965), rev'd on other
grounds, 385 U.S. 138; 87 S. Ct. 350, 17 L. Ed.2d 249 (1966) (holding that a contracting party
was barred from enforcing a material breach that it had for too long allowed to go unprotested);
accord Dean v. Garland, 779 A.2d 91 l, 916 (D. C. 200 1) (where defrauded party affirms the
31
contract through continued performance despite knowledge of breach, that party is precluded for
seeking rescission).
11aving established that Plaintiff is unlikely to succeed on the merits of a claim that NPP
is not its lessor, the Court shall turn lastly to Plaintiff's request for an injunction specifically
precluding the Park Defendants from terminating its Lease or causing it to vacate Lot 805. This
request need not detain the Court long. While Plaintiff vaguely alleges that the Lease is
"indefinite," see Pl. 's Aff. ~ 4, the Lease itself - a copy of which Plaintiff attached to its motion
- unequivocally indicates that it is a "temporary," "month-to-month" lease. Pl. 's Mem., Ex. 4
(Lease) at I (emphasis added). The Lease also expressly provides that '' if no default occurs 011
the part of the Lessee, then he shall be entitled to thirty (30) days' notice to vacate the premises,
which notice shall be given in writing at least thirty (30) days before said occupancy is intended
to be terminated." id. at 3-4.
Plaintiffs ability to successfull y dispute that it has already received the notice required
under the terms of the Lease is extremely doubtful , as the Complaint itself states that "[o]n
January 18, 2013, the NPS provided a letter to [Plaintiff] , .. informing [Plaintiff] that the NPS
intended to terminate the Lease upon execution of a concessions contract by the end of February
2013." C o m p . ~ 36. Sec also Pl.'s Mem., Ex. 13 (Letter from Stephen E. Whitesell , NPS
Regional Director, to Paul Simkin, Owner of Jack's Canoes and Kayaks, LLC (Jan. 18, 2013))
(indicating that the NPF concurs with this action)). Furthermore, it is undisputed that on March
1, 2013, the NPS sent Plaintiff a letter (which the NPF President signed in concurrence),
providing thirty-seven days' notice of termination. See Pl. 's Emerg. Mot. and Mem. for
Contempt, ECF No. (J 5], Ex., at 6 (Letter from Stephen E. Whitesell, NPS Regional Director, to
Paul Simkin, Owner of Jack's Canoes and Kayaks, LLC (March 1, 2013)). The language of the
32
March I, 20 13 Jetter is unequivocal: "This letter serves as notice to Jack's Canoes & Kayaks,
LLC, to terminate its occupancy of the premises at Lot 805 in Square I 179 on or before I I :59
p.m. on Apri l 7, 20 13[.]" i d.
Plaintiff argues that the Park Defendants' decision, as stated in the above correspondence
to terminate the Lease and install a concessionaire without a court order amounts to a "self-help
eviction," which is illegal under District of Columbia Jaw. Pl. 's Mem. at 11-1 2 (citing Mendes v.
Johnson, 389 A.2d 781, 787 (D.C. 1978); Young v. District of Columbia, 752 A.2d 138 (D.C.
App. 2000)). The Park Defendants contend that federal common law and general principles of
common landlord-tenant law apply to the Lease - not any specific provi sions of the District of
Columbia Code. Park Defs' Opp' n at 18. Ultimately, the Court need not, and shall not, resolve
the parties' dispute on this issue, as Plaintiff's all egations of "self-help" eviction arc not ripe.
The Park Defendants have provided Plaintiff a notice to vacate by Apri I 7, 2013, in accordance
with the notice provisions of the Lease. Any claim regarding what the Park Defendants may or
may not do after that date to enforce their alleged right to possession of the premises is sitTiply
too speculative to state a claim for relief.
For all of the foregoing reasons, the " likelihood or success on the merits" factors weighs
heavily against granting Plaintiff the requested preliminary injunctive relief.
B. Irreparable Injury
To establish irreparable harm, a plaintiff must show that its injury is "great, actual, and
imminent. " Hi- Tech Pharmacal Co. v. US. Food & Drug Admin., 587 F. Supp. 2d I, 11
(D.D.C. 2008). Plaintiff must also "demonstrate irreparable injury is likely in the absence of an
injunction." Winter, 555 U.S. at 22 (emphasis in ori ginal). Further, the law of this Circuit is
clear that economic loss, in and of itself, does not constitute irreparable harm. Wis. Gas Co. v.
33
Fed. Energy Regulatory Comm 'n, 758 F.2d 669, 674 (D.C. Cir. 1985). "Recoverable monetary
loss may constitute irreparable harm only where the loss threatens the very existence of the
movant's busi ness." Id.
Here, Plaintiff contends that if the Court does not grant the requested preliminary relief,
the "very existence" of its business will be destroyed. Pl's Mem. at 3; see also Pl's Aff. ,1,120-
22. Specifically, Plaintiff asserts that there is no other place on the Potomac River where its
business could be operated. Pl. 's Aff. 20. Plaintiff further asserts that if it is forced to vacate
the premises, leaving behind all fixtures and equipment that it has spent hundreds of thousands of
dollars purchasing, repairing, and developing, it will be financially foreclosed from acquiring
such equipment and resuming its business elsewhere. Id. 20, 22. This is because, as Plaintiff
explains, much of the equipment - for example, custom-built deck and dock structures - is not
usable at any other location and/or cannot be removed from the property without being
destroyed. Id. ,120; Pl. 's Mem. at 20.
As the Park Defendants appropriately retort, however, Plaintiff's submissions seem to
imply that Plaintiff possesses a larger leasehold interest than it possibly could. Park Defendants'
Opp'n at 17. At best, Plaintiff is, as it claims to be, a successor to the Lease - the terms of which
Plaintiff has not and could not dispute unequivocally provide for a "month-to-month tenancy."
See Pl.'s Mcm., Ex. 4 (Lease) at 1. irrespective of the identity of Plaintiffs lessor, since the day
Plaintiff alleges to have acquired the Lease almost six years ago, Plaintiff has faced the
possibility of termination of its possession of Lot 805 upon thirty-days notice. Whi le the Court
does not doubt that financial difficulty may befall Plaintiff if it is forced to vacate and leave
behind certain fixtures on the premises, the fact remains that at the time Plaintiff made those
alleged investments, Plaintiff was on inquiry notice that at most, it possessed a month to moth
34
claim to its occupancy of the premises. Accordingly, the C()urt cannot conclude that the alleged
injwy is sufficiently severe to constitute irreparable harm.
Additionally, it bears mention that Plaintiff knew of NPS's plans to convert the
operations at the premises to a concessions contract as of no later than August 2012, see Comp I.
i1 32, and indeed had the opportunity to apply for the RFQ but elected not to do so, precluding
the possibility that NPS would select Plaintiff as the concessionaire going fo1ward. Further,
Plaintiff inexplicably waited an entire month after having received notice of NPS's notice of
termination before filing the request for temporary and preliminary relief presently before the
Court. Plaintiffs delay and its decision not to apply for the RFQ undermine any argument that
its injury is of "such imminence that there is a 'clear and present need for equitable relief to
prevent irreparable harm.' " See Brown v. District of Columbia, 888 F. Supp. 2d 28, 32 (D.D.C.
2012) (quoting Fed. Maritime Comm 'n v. City of Los Angeles, 607 F. Supp. 2d 192, 202 (D.D.C.
2009)).
"A showing of irreparable harm is the sine qua non of the preliminary injunction
inquiry." Trudeau v. FTC, 384 F. Supp. 2d 281, 296 (D.D.C. 2005), aff'd, 446 F.3d 178 (D.C.
Cir. 2006). For the reasons stated above, the Cou1t finds that Plaintiff has failed to make the
requisite showing here. Accordingly, this factor also weighs against the issuance of a
preliminary injunction.
C. Injury to Other Interested Parties and Public Interest
Hnall y, a plaintiff seeking a preliminary injunction must establish that the balance of the
equities tips in its favor, and that an injunction would be in the public interest. Winter, 55 U.S. at
20. The Court doubts that even the most compelling showing in tbis regard could compensate
for Plaintiff's failure to demonstrate a likelihood of success on the merits or irreparable harm.
35
Even so, the Cou1t finds that the equities and the public interest also weigh against the issuance
of a preliminary injunction in this case, as granting Plaintiff the requested relief would usurp the
NPS' s determination that, in order to abide by its statutory mandate to provide services to
visitors on national park lands under carefully controlled safeguards, the provision of non-
motorized boat rental and storage shall be performed under a concessions contract. Further,
there will be no injury to other interested parties, as the availability of boat rental and storage on
the premises will continue into the future through the operations of the selected concessionaire.
IV. CONCLUSION
Considering the record as a whole, the Court finds that Plaintiff has failed to make a
"clear showing" that it is entilled to the ''extraordinary remedy" of a preliminary injunction.
Winter, 555 U.S. at 21. Therefore, and for the reasons set fo1th above, Plaintiffs [1 2] Motion for
Temporary Restraining Order and Preliminary Injunction is DENIED.
Further, because Plaintiff lacks constitutional standing to request a declaratory judgment
that the District "never effectively transfened" administrative jurisdiction to NPS, or if it did,
that such juri sdiction has since reverted to the District, see Comp I. at 2 1, ~ 1 (c), and because
Plaintiff is al.so barred by the applicable statute of limitations from asserting the entirety of its
request for declaratory relief against the District, the Court shall GRANT the District's [ 19]
Motion to Dismiss.
The Court shall address the Park Defendants' [22] Motion to Dismiss by separate order at
a later date.
An appropriate order accompanies thi s Memorandum Opinion.
/s/
~ ~ ~ ~ ~ ~ ~ ~
COLLEEN KOLLAR-KOTELLY
United States District Judge
36
Plaintiffs,
v.
Defendants.
ORDER
(March 28, 201 3)
For the reasons stated in the accompanying Memorandum Opinion, it is, this 28th day of
March, 2013, hereby
ORDERED that Plaintiff's ( 12] Motion for Temporary Restraining Order and
Preliminary Injunction is DENIED; and it is futther
ORDERED that Defendant Distri ct of Columbia's [ 19] Motion to Dismiss is
GRANTED. Accordingly, the Di strict of Columbia is hereby dismissed as a defendant in this
action.
SO ORDERED.
Isl

1/2/14 DEPARTMENT OF THE INTERIOR Mail - Public Doc: Notice of Appeal
Public Doc: Notice of Appeal
LeBel, Steve <ste\e_lebel@nps.goV> Fri, Mar 29, 2013 at 11 :05 AM
Attached
Ste\ LeBel
Deputy Associate Regional Di rector, Operations and Education
Phone: (202) 619-7072
Fax: (202) 619-7157
for the use of the indi\1duals to whom it is sent. Any privilege is not wai\ed by \1rtue of this ha\hng been sent by
e-mail. If the person actually recei\1ng this message or any other reader of this message is not a named
recipi ent , any use, dissemination, distribution, or copying of this communication is prohibited. If you receiw this
Jack's Canoes Notice of Appeal.pdf
65K
https://mail .goog le.conVmal l/u/O/?ui= 2&i k=f9191 ba2e4&\1ew; pt&searchsent&th= 13db6aeb0b4e3078 1/1
JACK's CANOES & KAYAKS, LLC
Plaintiff,
v.
Defendants.
)
)
)
)
)
) Case: 1:13-cv-00130 (CKK)
)
)
)
)
)
)
NOTICE OF APPEAL
Notice is hereby given that Plaintiff Jack's Canoes & Kayaks; LLC ("Jack's LLC") hereby
appeals to the United States Court of Appeals for the District of Columbia Circuit, the Court's March
28, 2013, Order (Docket# 28) and related Memorandum Opinion (Docket # 29) denying Plaintiffs
Motion for Temporary Restraining Order and Preliminary Injunction, including the Court's
determination that Jack's LLC lacks standing to seek a declaratory judgment that jurisdiction over Lot
805 in Square 1179 in Georgetown where Jack's Boathouse is located was never effectively transferred
to the NPS or the NPF, or, if transferred to the NPS or the NPF, has reverted to the District of Columbia.
March 29, 2013
Respectfully submitted,
C ;pc;?
Suite 1150
Telephone: (202) 457-7786
Facsimile: (202) 457-7788
Counsel for Plaintiff
& Kayaks, LLC
1/2114 DEPARTMENT OF THE INTERIOR Mail Scholastic Chase Boats Stored@ Jacl<s
Scholastic Chase Boats Stored @ Jack's
LeBel, Steve <steve_lebel@nps.goV> Mon, Apr 1, 2013 at 12:00 PM
Let's chat re: these on our next coni.ersation.
Steve LeBel
Phone: (202) 619-7072
Fax: (202) 619-7157
for the use of the individuals to whom it is sent. Any privi lege is not waii.ed by virtue of this ha\Ang been sent by
e-mail. If the person actuall y recei\Ang thi s message or any other reader of this message is not a named
recipient. any use, dissemination, distribution, or copying of this communication is prohibited. If you receive this
1/1
1/2/14 DEPARTMENT OF THE INTERIOR Mall - Re: me a call v.tien }OU are back at desk
Re: Give me a call when you are back at your desk.
LeBel, Steve Wed, Apr 3, 2013 at 2:59 PM
To: Michael Aghajanian <michael.aghajanian@boatinginboston.com>
On Wed, Apr 3, 2013 at 2:52 PM, Michael Aghajanian <michael.aghajanian@boatinginboston.com> wrote:
T:
E: m.aghajanian@boatinginboston.com
f aceboOk:] Boating In Boston Facebook ;Twitter: Boating In Boston Twitter
Ste\ LeBel
Phone: (202) 619-7072
Fax: (202) 619-7157
Your Logo
The information contained in thi s message may be protected by attorney-client or other pri\Alege. It is intended
for the use of the indl\Aduals to whom it is sent. Any pri\Alege is not wai\ed by \Artue of this ha\Ang been sent by
e-mail. If the person actually recei\Ang thi s message or any other reader of this message is not a named
recipient, any use, di ssemination, distribution, or copying of this communication is prohibited. If you receive thi s
17 attachments
4.3.15 Office Shed & Trailer Front from shoreline.JPG
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DEPARTMENT OF THE INTERIOR Mail Re: Giw me a call when }OU are back at }Our desk
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1/2114 DEPARTMENT OF THE INTERIOR Mall - Ro: Giw me a call 'hi'len ><JU are back at ><>Ur desk.
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1/2/14 DEPARTMENT OF THE INTERIOR Mail- Re: Monday Arrival
Re: Monday Arrival
Steve LeBel <steve_lebel@nps.goV> Sat, Apr 6, 2013 at 4:33 PM
To: Michael Aghajanian <michael. aghajanian@boatinglnboston.com>
Cc: Tara Morrison <tara_morrison@nps.goV>, Steve Whitesell <Steve_Whitesell @nps.goV>, Lisa Mendelson-lelmini
<Lisa_Mendelson-lelmini@nps.goV>, Philip Selleck <Phi lip_Sell eck@nps.goV>, Cindy Cox <Cindy_Cox@nps.gov>
Glad to hear that. I'll let the NPS know you'll be on-site.
On Apr 6, 2013, at 1 :54 PM, Michael Aghajanian <michael.aghajanian@boatinginboston.com> wrote:
Ste'.e,
After thought I think it is best I will be onsite Monday. My wife is going to come on down as well. I
can do an inventory and hopefully sign in the afternoon.
Talk tomorrow!
Michael Aghajanlan, President
T: (617)299-3392x10
IJ Boating In Boston Facebook Boating In Boston Twitter
https://mall .goog le.comtmai l/u/O/?ui= 2&i k=f9191 ba2e4&\1ew-pt&search"' sent&th= 13de1 Oe1 a6fa5be5
A B&O OUTDOOR RECREATION COMPANY
1/1
1/2/14 DEPARTMENT OF THE INTERIOR Mail Re: Key Bridge Boathouse
Re: Key Bridge Boathouse
Le Bel, Steve <steve_lebel@nps.goV> Tue, Apr 9, 2013 at 4:51 PM
Cc: Tara Morrison <Tara_Morrison@nps.goV>, "McDowney, Walter" <walter_mcdowney@nps.goV>, "Olson, Jeffrey"
<jeffrey_olson@nps.goV>, Beth Rinker <beth.rinker@boatingindc.com>, Steve Whitesell
<Steve_Whitesell@nps.gov>, Lisa Mendelson <lisa_mendelson-ielmini@nps.goV>, Philip Selleck
<Philip_Selleck@nps.goV>, Melissa Lackey <Melissa. Lackey@sol.do1.goV>
Congratulations Mike! Now, the easy part ..... operating the boathouse.
Thanks for your patience and persistence. I know you'll have a great first season at the Key Bridge Boathouse.
On Tue, Apr 9, 2013 at 4:35 PM, Michael Aghajanian <m.aghajanian@boatinginboston.com> wrote:
NPS Team,
I have completed the asset sale transaction from Paul Simkin this afternoon. Also I have received a list of
names of the current customers who have pri vate boats stored onsite.
Great news. Also the KeyBridgeBoathouse.com website is live.
I wi ll be in touch with Walter to keep planning the 2013 season. I want to thank everyone for their support in
this transition!
A Boston Outdoor Recreation, Inc. Company
T: (617)299-3392x 10
[FacebookJ Boating In Boston Facebook 1Twitter: J Boating In Boston Twitter
Steve LeBel
Phone: (202) 619-7072
Fax: (202) 619-7157
for the use of the individuals to whom it Is sent. Any privi lege is not waived by virtue of this having been sent by
https ://mall .g oog le.com'mail/u/On ui = 2&i k=f9191 ba2e4&\1ew= pt&search
00
sent&th= 13df090f84525a3b 1/1
1/2114 DEPARTMENT OF THE INTERIOR Mail - Settlement
Settlement
LeBel, Steve <ste1.e_lebel@nps.goV> Thu, Apr 11, 2013 at 4:31 PM
Mike, you might be interested to know the case between the NPS, NPF, District of Columbia and Jacks
Boathouse, LLC has been settled. A settlement agreement was completed 4.10.13, yesterday. The case will be
dismissed once the Joint Notice of Dismissal is processed, probably a couple of days.
Stei.e LeBel
National Capital Region, Nati onal Park Service
Phone: (202) 619-7072
Fax: (202) 619-7157
The information contained in t his message may be protected by attorney-client or other privilege. It is intended
for the use of the individuals to whom it is sent. Any privilege is not wai1.ed by virtue of this having been sent by
recipient, any use, dissemination, distribution, or copying of this communication is prohibited. If you receii.e this
https://mail .goog le.com'mal l/u/O/?ul = 2&i k:f9191 ba2e4&1AeVP pt&searchsent&th-13dfacc281 cce8d6 1/1
1/2/14 DEPARTMENT OF THE INTERIOR Mail Re: Change in Corporate
Re: Change in Corporate
Steve LeBel <ste\_lebel@nps."goV> Thu, Apr 11 , 2013 at 6:43 PM
It would be facilitated through my office. I'm out tomorrow. Will touch base Monday.
On Apr 11, 2013, at 5:04 PM, Michael Aghajanian <m.aghajanian@boatinginboston.com> wrote:
Steve,
We ha\ formed an LLC in DC that is wholly owned by Boston Outdoor Recreation, Inc.
I'd like to start the process of changing the corporation. Can you point me in the right direction?
A Boston Outdoor Recreation, Inc. Company
T: (617)299-3392x10
IJ Boating In Boston Facebook Boating In Boston Twitter
https://mail.google.com'mall/IJ/O/?ul=2&ik:f9191ba294&\oiew=pt&searchsent&th13dfb44d0f1df142 1/1
1/2/14 DEPARTMENT OF THE INTERIOR Mail Re: And ..
Re: And ..
LeBel, Steve <steve_lebel@nps.goV> Mon, Apr 15, 2013 at 1:13 PM
To: Michael Aghajanian <m.aghajanian@boatlnginboston.com>
Big Woop!
On Mon, Apr 15, 2013 at 1:06 PM, Michael Aghajanian <m.aghajanian@boatinginboston.com> wrote:
It's gone.
Steve LeBel
Phone: (202) 619-7072
Fax: (202) 619-7157
for the use of the individuals to whom it is sent. Any privilege Is not waived by virtue of this having been sent by
recipi ent , any use, dissemination, distribution, or copying of this communication is prohibited. If you receive this
https:l/mall .g oog le.com'mai l/u/O/?ui = 2&ik=f9191 ba2e4&..;e'W"' pt&search::sent&th= 13e0eafcdc8a7 440 1/1
130/14 DEPARTMENT OF THE INTERIOR Mall Ro: Class Action Lawsuit
Re: Class Action Lawsuit
Steve_Whitesell@nps.gov <Ste\te_Whitesell @nps.goV>
To: Steve_LeBel@nps.gov, Lisa_Mendelson-lelmini@nps.gov
Fri, Nov 30, 2012 at 6:21 PM
Still seems odd. Maybe they figure, like I did, that folks would see j acks and say I never went there so the
lawsuit doesn't affect me.
Sent from my BlackBerry Wireless Device
From: Ste-..e LeBel
Sent: 11/30/2012 05:49 PM EST
To: Steve Whitesell ; Lisa Mendelson-lelmini
Subject: Class Action Lawsuit
Heard from the lawyer. The defendant Is Living Social. Jack's is the 2filL"purveyor" narned.
Ste-..e LeBel
Deputy Associate Regional Director; Operations and Education
Phone: (202) 619-7072
Fax: (202) 619-7157
e-mai l. If the person actually receilAng this message or any other reader of this message is not a named
recipi ent, any use, dissemination, distribution, or copying of this communication is prohibited. If you recei-..e this
ttps:/lmall.google.com/moll/b/ 152/u/O/?ul 2&1k f 534 768664&v lew=pt&cat =Jack's Boathouse&search= ... 1/ 1
(b) (6)
(b) (6)
(b) (6)
(b) (6)
13Cllo.4 LEGAL NOTICE OF SEffiEMENT OF Cl.ASS ACTI ON - LI ViN ...
YO\! are receiving Lhls e-mail because you may have purchasGd or rece.i.ved a LivingSoci.al Deal
Voucher prior Lo October 1, 2012 .
A federal court authorized Lhis Notice . This is not a solicitation from a lawyer .
Why did I got this noti ce? A settlement (?Settlement?) has been proposed ln a class action
lawsuit pending in the United States District Court for the District of Columbia (?Court?)
titled In re LivingSocial Marketing and Sales Practices Litigation, Case No. 11- mc-00472-ESH-
AK (?Act.ion?) . Accordi ng t;o availabl e records , you may be a ?Settlement Class Member . ? The
purpose of this notice is to inform you of the Action and t he Settlement so t hat you may
decide what steps to take in relation to it .
What is the Action about? The Action was filed against LivingSocial and one merchant who
offered a I.ivingSocial Deal named Jack?s Boathouse (collectively, ?Defendants?) . Tho Action
claims the Vouchers used to redeem LivingSocial Deals are ?gift certificates? and that
expiration dates and other conditions applied t o the Vouchers violate state and federal gift
card and gift certificate regulations . The Action also asserts related claims for breach of
contract , [alse advertising and unjust e nrichment . Defendants deny any wrongdoi ng and any
liability whatsoever , and no court or other e ntity has made a ny judgment or other
determination of a ny liabil ity.
What relief does t he Settlement provide? If the Court gives fi nal approval to the
SeLtlement , LivingSocial will create a fund of four million, five hundred thousand dollar s
from which each Settlement Class Member who submits a t imely and valid Claim Form may r.eceivc
monetary relief for a LivingSocial Deal that has expired, has not been redeemed and has not
been refunded . settl ement Members each ha ve t he ability to recover a pro rata share of
that fund up to 100% of the amount they paid for any LivjngSocial Deal voucher t hat t hey
still hold and have been unable to redeem. Any funds left over after payment of Settlement
Class Members? claims will be distributed to the National Consumers League a nd Consumers
Union , t wo not-for - profit organizat ions that represent consum@rs on marketplace and
technol ogy issues , among ot her things. An award of attorney fees to Class Counsel wi l l not
be paid out of the four million, five hundred thousand dollars from the settlement fund . The
Settlement website at www . l contains a complete descrJption
of the proposed Set tlement and what you must do to receive a share of tho Settlement fund .
ttps ://mall .google, c;omlmail/b/ 152/u/O/?u1=2&ik=f 534768664&v lew;pt&cat=Jack's Bo;ithouse&search= ... 214
13<1104 LEGAL NOTICE OF SETILEMENT OF CLASS ACTION - LIVIN .. .
YOUR LEGAL RIGHTS AND 0P1'l ONS lN THIS SETTLEMENT
SlJBMl'l' A CLAIM FORM
This is the only way to get a payment . Visit the Settlement website located a t www .
livingsoci.:i.lvouchcrsettlernent . com to obtain a Claim Form.
Deadline : February 8, 2013
C:XCLUDE YOURSEJ,F'
rr you exclude yourself from the Settlement ; you wi)J not be able to submit a claim for
monetary relief . Excluding yourself is the only option t hat allows you to ever bring or
mainLain your own lawsuit against r.tvingSocial and Merchants who offered Deals through
Livi ngSoc ial , regardi ng Ueals sold before October 1, 2012 over again .
OBJECT
You may write to the Court about why you object to (i.e ., don?t U ke) the Settlement and
Lhink it shouldn?t be approved. Lodging an objection does not exclude you Erom the
Settlement .
Ups ://mall. googla. com/mail/bi 152/u/0/?ul 2&1k;;f 4 768664&v iaw=pt&cat =Jack'$ Boathouse&search= ... 3/4
- Fw: LE<?AL NOTI CE OF SEffiEMENT OF CLASS ACTION - LIVIN ...
GO TO THE ?FAT.RNESS llEl\RING?
The Court will hold a ?Fairness Hearing? to consider the Settlement , Class Counsel?s requesL
for attorneys? fees and expenses of the lawyers who brought the 1\ction in an amount up t:o
three million dollars, and the representative pla.l.ntiffs? request for sgrvice awards for
bringing the AcLion in an amount up to two thousand five hundred dollars per representative
plaintiff.
You may, but are not required to, speak at the Fairness Hearing about any Objection you filed
to the Settlement . If you intend to speak at the Fairness Hearing, you must also submit a ?
Notice of InLention to Appear? Lo the Court and the parties? attorneys, indicating your
l ntenL Lo do so .
Hearing Dale: March 7, 2013 al 9:30 a.m. (Eastern)
DO NOTHING
You will get no payment , you wjll give up your rjght to object to t he Settlement , and you
will not be able to be part of any other lawsu.l.t about the legal claims in this case .
N/A
Your Clnss Member Number : 6756891
More information? For completQ information about the Settlement, to view t he Settlement
Ag,eement , related Court documents and Settlement Claim Form, and to learn more about how to
exercise your various options under t he Settlement, please visi t www.
livingsoi::io1lv0uche r sot t lemerit. c0m or write to the Settlement Administrator at the email
address or or postal mailing address: ln re
Livl ngSocial Marketing & Salos Practices Litigation Settlement c/o GCG, PO Box 35027,
SeatLlo, WA You may also call l (855) 590-8696 for answers to frequently asked
questions about the Settlement or the attorneys for the Settlement Class : John J . Stoia, Jr .
of Robbins Geller Rudman & Dowd LLP at 619- 231-1058, or Charles J . LaDuca of Cuneo Gilbert &
LLP at 202- 789-3960 .
If you wish to UNSUBSCRIBE from future email messages from the Settlement l\dministrator with
regard to this Settlement , please click on this link .
lips ;//mail.google.coml m [lll/b/152/u/O/?ui=2&ik"1534 768664&v iew=pt&cat=Jack's Boathouse&s0aret1" .
G!Oln4>F THE INTERIOR Mail - Fwd: Jack's Boathouse I Action Requested
Fwd: Jack's Boathouse I Action Requested
steve_whitesell@nps.gov <steve_whitesell@nps.goV>
To: lisa _ mendelson-ielmini @nps.gov
Is the letter ready?
Sent from my iPad
From: Paul Simkin <psimkin@gmail.com>
Date: November 19, 2012 3:22:04 PM CST
To: Steve_Whitesell@nps.gov
Mon, Nov 19, 2012 at 8:37 PM
Cc: joe caldwell <joe.caldwell@bakerbotts.com>, StevewleBel@nps.gov, Philip
Selleck <Philip Selleck@nps.gov>
Subject: Re: Jack's Boathouse I Action Requested
Hi Steve -
I've yet to hear from Mr. Selleck.
Paul Simkin
On Tue, Nov 13, 2012 at 6:21 PM, <StevewWhitesell@nps.gov>wrote:
Paul
Thanks foe your note. I'm surprised we haven't got back to you. I've asked
Associate Regional Director Phil Selleck to make sure that happens ASAP.
From: Paul Simkin [psimkin@gmail.com]
Sent: 11/13/2012 02:33 PM EST
To: Steve Whitesell
lips ://mail.googlo. com/mnll/b/152/u/O/?ui=2&ik=f 534768664&v iow=pl&cat Jack's Boalhouse&search= ... 1/ 2
ENT OF ll-IE INTERI OR Moll Fwd: Jack's Boathouse I Aclion Roqucsl ed
Cc: joe.caldwell@bakerbotts.com; Steve LeBel
Subject: Jack's Boathouse I Action Requested
Dear Steve,
Hope all is well. We weathered the hurricane well. Its been a couple of weeks
since we spoke, and while we did get a brief phone call from one of your folks (on
October 26th, over 2 weeks ago) tel ling us that we would be contacted early on in
the next week- we have yet to receive any notice of any contractual or other
issues. We have closed down this year with the belief that we are opening in April.
We have retained the staff, the equipment, and maintained our infrastructure of
approximately 300 boats, docks etc., in readiness for next season in this belief.
Please advise if you anticipate any other eventuality.
I'm not certain you are aware, but I am the Director of Boston University's
Washington DC Campus here in Georgetown, so I am available to meet with you
and your staff at any time. I'd like to schedule a meeting to discuss Jack's at your
earliest convenience.
Sincerely,
Paul Simkin
Paul Simkin
202-716-7700
psimkin@gmai l.com
Paul Simkin
202-716-7700
psimkin@gmail.com
llps://mail.googla. com/mtill/b/152/v/O/?uf =2&ik =f 534 768664&v lewapt&cat=J ack's BoalhOusc&sctirch .. . 2/ 2
~ N T O THE INTERIOR Mail - FW: 11 .14.12 Jiick's Boat House Leiter
Fw: 11.14.12 Jack's Boat House Letter
Steve_Whitesell@nps.gov <Stew_Whitesell@nps.goV>
To: Lisa_Mendelson-ielmini@nps.gov
Wed, Nov 14. 2012 at 11 :53 AM
Please work with Phil and Steve. I think we can tighten up. We should allow Simkin to store until he or new
concessionaire is chosen.
From: Stew LeBel
Sent: 11/14/201211:47 AM EST
To: Stew Whitesell
Cc: Philip Selleck
Subject: 11.14.12 Jack's Boat House Letter
For your review and approval. It has not been SOL reviewed.
Stew LeBel
Program Manager, Office of Business Ser.ices
Phone: (202) 619-7072
Fax: (202) 619-7157
The information contained in this message may be protected by attorney-client or other privilege. It Is intended
recipient, any use, dissemination, distribution, or copying of this communication is prohibited. If.you receiw this
(See attached file: 11. 13. 12 Draft Paul Simkin letter re Lease and RFQ. docx)
) 11.13.12 Draft Paul Simkin letter re Lease and RFQ.docx
17K
ttps://mail.google.corn/mail/b/ 152/u/O/?ule2&1k f 534 768664&v law=pt&cat Jack's Boathouse&soaroh .. 1/ 1
DRAFT
DATE
Mr. Paul Simkin
3500 K Street, N.W.
Dear Mr. Simkin:
We have reached a benchmark in the due diligence required to issue a temporary concession
contact for the operation of commercial visitor services at Jack's Boat House, located at 3500
K Street, N.W. Washington, DC 20007 in Rock Creek Park.
The District of Columbia transferred property along the Georgetown Waterfront to the National
Park Service in 1984. The transfer of jurisdiction included the October 1, 1973 lease for the
property known as Jack's Boat House, which was held by John W. Baxter and Norma Lee
Baxter of 1377 Canterbury Way, Rockville, Maryland 20854. Both parties are now deceased.
We have learned this lease was never reassigned to a third party and have concluded Jack's
Canoes & Kayaks, LLC does not hold a lease for use of the property. Without a lease, it is
difficult to justify offering Jack's Canoes & Kayaks, LLC a temporary concession contract
without offering the opportunity publically.
We plan to offer this opportunity publically commencing with a Request For Qualifications to be
advertised in FedBizOps. We encourage you to consider this offering.
There is no authority to permit Jack's Canoes & Kayaks, LLC to continue to occupy the
property. Please consider this correspondence notice to vacate the property by December 31,
2012, and remove all personal property from the premises. Any property remaining after
. December 31, 2012 will be considered abandoned.
We encourage you to settle all business matters with the boat owners storing vessels on the
property as of December 31, 2012. We would appreciate a copy of all contracts with these
boat owners. The National Park Service will become the successor until a temporary operator
is selected, therefore please refer inquiries to Steve LeBel, Deputy Associate Regional
Director, National Capital Region at (202) 619-7072.
Thank you for your attention to this important matter. If you have any questions, please
contact Mr. LeBel at the phone number noted above.
Sincerely,
Stephen Whitesell
Bee: Steve LeBel, NCR-OBS
Tara Morrison, ROCR
11!WRTl-lE INTERIOR Mall - Re: Fw: Jack's Boathouso I Action Requested
Re: Fw: Jack's Boathouse I Action Requested
Steve_Whitesell@nps.gov <Ste've_Whitesell@nps.gov>
To: Phllip_Selleck@nps.gov
Wed, Nov 14, 2012 at 9:52 AM
Cc: Lisa_Mendelson-lelmini @nps.gov, Ste'.e_LeBel@nps.gov
Thanks
From: Philip Selleck
Sent: 11/ 14/2012 09:39 AM EST
To: Steve Whitesell
Cc: Lisa Mendelson-lelmini; Steve LeBel
subject: Re: Fw: Jack's Boathouse I Action Requested
Steve and I spoke on the issue. and he is drafting a letter to Paul per our discussion.
Steve Whitesell/NCR/NPS
11/13/2012 05:31 PM
--
Phil
For follow up per our conversation earli er today.
Steve Whitesell
Regional Director
I
TollPhilip Selleck/NCR/NPS@NPS
[3
Usa_Mendelson-ielmini@nps.gov, Steve
LeBel/NCR/NPS@NPS
I
Subjectj! Fw: Jack's Boathouse I Action Requested
I
--
Ii
-- Forwarded by Steve Whitesell/NCR/NPS on 11/13/2012 05:30 PM -
Paul Simkin <psimkin@gmai l.com>
I
To]lsteve whi tesell @nps.gov
11/13/2012 02:33 PM
C1
joe.caldwell @bakerbotts.com,
ste'vO lebel@nps.gov
I
Subject!IJack's Boathouse I Action Requested
Ups ://mail. googlo.com/mell/b/152/u/O/?ul,.2&1k" f 53476B664&v ioW"pt&cat;:Jack's Boathouse&seerch= ...
-
l
J
I
I
-
J
I
1/2
11!CIDfilTHE INTERIOR M!!ll - Re: Fw: Jack'U Boathouse I Action Requested
ll
111
IL
Jiii
Dear Steve,
October 26th, over 2 weeks ago) telling us that we would be contacted early on in
Sincerely,
Paul Simkin
Paul Simkin
202-716-7700
psjmkin@gmail.com
ltps ://mall. google. com/mall/ bl 152/u/O/?ui=2&ik =f 534 768664&v lew;;pt&c at =Jack s BoathOus o&s emch ...

i.JBN11 OF THE INTERIOR Mail - Re: Jack's Bo11thouse I Action Requested
Re: Jack's Boathouse I Action Requested
Steve_Whitesell@nps.gov <Steve_Whltesell@nps.gov> Tue, Nov 13, 2012 at 6:21 PM
To: pslmkln@gmail.com
Cc: joe.caldwell @bakerbotts.com, Steve_LeBel@nps.gov, Phillp_Selleck@nps.gov
Paul
Thanks foe your note. I'm surprised we haven't got back to you. I've asked Associate Reglonal Director Phil
Sell eck to make sure that happens ASAP.
Sent from my BlackBerry Wireless e ~ c e
From: Paul Simkin [psiinkln@gmal l. com]
Sent: 11/ 13/2012 02:33 PM EST
To: Steve Whitesell
Cc: joe.caldwell @bakerbotts.com; Ste1ie LeBel
Subject: Jack's Boathouse I Action Requested
Dear Steve,
Sincerely,
Paul Simkin
lips ://ma\I. googlo.oom/ mell/b/152/u/O/?ul,.2&1k f 534 76B664&v iGW=pt&.c<1t Jack's Boathousc&se3rch= .. . 1/ 2
:ooNll OF THE INTERIOR Mall Re: Jack's Boathouse I Action Requested
Paul Simkin
202-716-7700
psimkin@gmail .com
t tps://rnail.googlo.com/mall/ b/ 152/u/O/?ul" 2&1k f 534 76861l4&v lew=pt&cat Jack's Boathouso&soarch,., 212
IJDll!lOF THE INTERIOR Mail - Fw: Jack's Boathouse I Act ion Requested
Fw: Jack's Boathouse I Action Requested
Steve_Whitesell@nps.gov <Ste\oe_Whitesell @nps.goV>
To: Philip_Selleck@nps.gov
Cc: Lisa_Mendelson-ielmini@nps.gov, Steve_LeBel@nps.gov
Phil
For follow up per our earl ier today.
Whitesell
Regional Director
Tue, Nov 13. 2012 at 5:31 PM
-- Forwarded by Steve Whitesell/NCR/NPS on 11/13/2012 05: 30 PM -
Dear Steve,
Paul Simkin
<psimkin@gmail.com>
11/ 13/2012 02:33 PM
Toste"9_whi tesell @nps.gov
ccjoe.caldwell @bakerbotts.com,
steve_lebel@nps.gov
SubjectJack's Boathouse I Action Requested
Washington DC Campus here in Georgetown, so I am avai lable to meet with you
Sincerely,
Paul Simkin
lips;/ l mail.google .comlmalllb/152/u/O/?ui=2&1k =f 534 768664&v lew=pt&cat =Jack's Boathouse&search= ... 112
IADlfllOF THE INTERIOR Mail - Fw: Jack's Boathouso I Action Requested
Paul Simkin
202-716-7700
psimkin@gmajl. com
Ups ://mai l.google. com/rnall/b/162/l!/0/?ulu2&ik=f 53d 768664&v iow=pl &oal J a c k s Boathouse&search= ... 2/2
Fw: quick meeting request regarding Jacks
Steve_Whitesell@nps.gov <Steve_Whitesell@nps.goV>
To: Philip_Selleck@nps.gov
Ste\ Whitesell
Nati onal Park Service
Regional Director
----Forwarded by Steve Whitesell/NCR/NPS on 10/26/2012 12:41 PM --
Fri, Oct 26, 2012 at 12:41 PM
Paul Simkin
<psimkln@gmaii.com>
Tosteve_whitesell@nps.gov
10/ 25/ 2012 10:12 PM
cc
Subjectquick meeting request regarding Jacks
Dear Steve,
It was great seeing you Thursday night at the town hall meeting. I think it has been
a couple of decades since I met you last, but apparently neither of us has grown
any older. I'd really appreciate an opportunity to meet with you tomorrow, Friday,
informally to discuss in general terms the boathouse. I fully understand that there
is a lot of process and procedure that we have to go through before everything is
resolved, but I think a few minutes will go a long way towards a win-win for
everyone. Can you make time for a quick meeting? I'd be more than happy to meet
you at your office, or at Jacks, wherever is the most convenient. I can assure you
that Jack's does have an incredible view of the river if you are looking to get out of
the office.
Thank you again and I look forward to seeing you tomorrow.
Paul Simkin
202-716-7700
psimkin@gmail .com
~ l N T OF THE INTERI OR Mall Re: Jock's Boathouse Urgent Request
Re: Jack's Boathouse Urgent Request
Steve_Whitesell@nps.gov <Steve_Whitesell@nps.goV>
Cc: joe.caldwell@bakerbotts.com, steve_lebel@nps.gov
Paul
Thu, Oct 18, 201 2 at 5:46 PM
Thanks for your note. I thought the letter we sent last week covered this issue. None the less, I will make sure
that Steve LeBel gets back in touch with you in the next few days.
Steve Whitesell
National Park Sel""lice
Regional Director
Paul Simkin --10/18/2012 03:58:31 PM- Dear St e1ien,
Dear Steven,
Paul Simkin
<psimkin@gmai l .com>
10/18/2012 03:57 PM
ccsteve_lebel@nps.gov,
joe.caldwell@bakerbotts.com
SubjectJack's Boathouse Urgent Request
I really need to hear back from Steve Lebel concerning boathouse issues. We are
closing for the season and it is imperitive we have a better sense as to our future
here at 3500 K st. The difference between hearing and not hearing will be
thousands of dollars of expense to us and that is a very difficult burden for a small
business.
Looking forward to hearing from you or Steve Lebel as soon as possible.
Paul
Paul Simkin
202-716-7700
psimkin@gmail.com
tt ps: II mail. googla. com/mall/bl 152/u/O/?ui=2&ik =r 534 766664&v leW"p!&cat =Jack's Boat ho us e&.s earch= ... 112
/3008PARTMEN1 OF THE INTERIOR Mail Ro: Urgent I Jack's Boathouse
Re: Urgent I Jack's Boathouse
Steve_Whitesell@nps.gov <Steve_Whitesell @nps.goV>
Cc: Ste...e_Whitesell@nps.gov
Bee: Steve_LeBel@nps.gov
Mr. Simkin,
Fri, Oct 12, 2012 at 12:16 PM
Mr. Whitesell signed your letter at the end of our work day on October 10. I stamped the letter October 10,
sealed it and then placed it in my outgoing box for to our mail room "to go out in the U.S. Mail" on
October 11 . Stew LeBel contacted me on October 11 to tell me that he would have the sealed letter hand
delivered to you on October 11. Which he did.
Please give me a call if you ha-.e any questions.
Thank you,
Judy Bowman
Staff Assistant
Office of the Regional Director

Paul Simkin - 10/12/2012 10: 53:29 AM-Hello Steve - Hate to be a bother. but I noticed that the date-stamp
on your memo to me of yesterday (October 11, 2012) appear
Hello Steve -
Paul Simkin
<psimkin@gmall .com>
10/12/2012 10:53 AM
Tosteve_whitesell @nps.gov
cc
SubjectRe: Urgent I Jack's Boathouse
Hate to be a bother, but I noticed that the date-stamp on your memo to me of
yesterday (October 11 , 2012) appears to be mis-stamped with the wrong date.
Please forward to me by return email and U.S. Mail a corrected copy to the
boathouse.
Thanks,
Paul
tips ://mail.google. com/mail/b/152/u/O/?ul=2&1k t 534 768664&v iew=pt&cat=J ack's Boi!thouse&search=., .
1/ 3
i 3001li!PARTMEN (OF THE INTERIOR Mall . Re: Urgent I Jack' s i'loalllOltSO
On Fri, Oct 12, 2012 at 8:32 AM, Paul Simkin <psimkin@gmail.com> wrote:
Hello Steve -
I was fortunate enough to see Mr. LeBel in traffic on my to his
office Thursday at 3:57p. the associate in his SUV handed me an
envelope with your memo of today explaining that the matter at
hand is under review. I'm unclear as to what that means, but it
does not appear to be good-faith dealings. My legal and
journalistic background suggests one method of handling the issue
from here on, but I still linger thoughts of a positive and speedy
resolution.
If a win-win solution is something that you believe is appropriate,
I'm more than happy to discuss. The truth is, I'm growing impatient
with what tends to appear as "stonewalling" on the part of the NPS.
I can't believe this is the case, but I'm left with few options other
than a "full-court press" with every available resource to discover
the truth. I still see no need for that, but my options are few and the
outcome uncertain. I hold-out hope for a frank and honest
discussion.
I await your response.
Paul Simkin
Jack's
Sent from my mobile.
On Oct 11 , 2012, at 3:23 PM, Paul Simkin <psimkin@gmajl.com>
wrote:
Dear Steve,
I believe we've met before. Some years back I was
doing a story on a section of the Indiana Dunes for the
Associated Press and you were very helpful. By way of
re-introduction, I own Jack's Boathouse: a small mom
and pop operation that has been located on the Potomac
in Georgetown for around 70 years. We were working
with Steve Lebel on a concessions contract for the
lips ://rMll .googlo.com/ mall/b/ 152/u/O/?ui=2&ik=f 534 768664&v iow=pt&c<1t Jock's Boathouse&search= ...
213
13008PARTMEN-, OF THE INTERIOR Mall - Re: Urgent I Jack's Boathouse
Paul Simkin
202-716-7700
psimkin@gmajl .com
boathouse that we were supposed to sign by November
1st but we have been unable to reach Steve for over
three weeks (we have tried email, phone, and registered
mail repeatedly) . We are growing increasingly concerned
for the future of our business and for Steve's health. We
hope that he is not unwell, but we also wanted to reach
out to you, as the Regional Director, for suggestions as
to who we should be getting in touch with. As a small
seasonal business, this silence has been extremely
detrimental. We have no idea how to proceed with closing procedures,
what to tell our 25+ employees who rely on Jack's, or how to pacify many
concerned members of the community, news media organizati ons as well as
several congressmen, as well of one member of the president's cabinet. I am
doing my best to operate in good-faith, but this issue has already cost me over
$20,000 in legal fees.
Our business has always had a very positive relationship
with the National Park Service and we truly hope to do
so going forward. Please advise as to next steps at your
Best,
Paul
Paul Simkin
202-716-7700
psimkio@gmail.com
ltps://m ail.google. com/mail/bl 152/u/O/?ul 2&1k " ' 534 768664&v lew=pt&cal=J ack's Boathouse&search= ... 3/3
13008?/\RTMENT UF "THE INTERIOR Mail Fw: Urgent I Jack's Boathouse
Fw: Urgent I Jack's Boathouse
Steve_Whitesell@nps.gov <Steve_Whitesell@nps.goV> Fri, Oct 12, 2012 at 8:45 AM
To: Phillp_Selleck@nps.gov, Steve_LeBel@nps.gov, Tara_Morrison@nps.gov
Cc: Lisa_Mendelson-ielmini@nps.gov
Please sit down and brief Lisa and I on a plan of attack as soon as possible.
Steve Whitesell
National Park Ser\1ce
Regional Director
-- Forwarded by Ste'.{) Whitesell/ NCR/NPS on 10/12/2012 08:44 AM --
Paul Simkin
<pslmkin@gmaii.com>
10/12/2012 08:32 AM
Hello Steve -
cc
SubjectFwd: Urgent I Jack's Boathouse
I was fortunate enough to see Mr. LeBel in traffic on my to his office
Thursday at 3:57p. the associate in his SUV handed me an envelope
with your memo of today explaining that the matter at hand is under
review. I'm unclear as to what that means, but it does not appear to be
good-faith dealings. My legal and journalistic background suggests one
method of handling the issue from here on, but I still linger thoughts of a
positive and speedy resolution.
If a win-win solution is something that you believe is appropriate, I'm
more than happy to discuss. The truth is, I'm growing impatient with
what tends to appear as "stonewalling" on the part of the NPS. I can't
believe this is the case, but I'm left with few options other than a "full-
court press" with every available resource to discover the truth. I still
see no need for that, but my options are few and the outcome uncertain.
I hold-out hope for a frank and honest discussion.
I await your response.
ltps: II mail. googlo. com/mall/bl 152/ u/O/?ui=2&1k =f 634 766664&v lew=pt&ca l =Jack's Boathous e&s earch= ... 113
13008PARTMENT OF THE INTERIOR Mail - Fw: Urgent I Jock's Boathouse
Paul Simkin
Jack's
Sent from my mobile.
On Oct 11, 2012, at 3:23 PM, Paul Simkin <psjmkin@gmail.com> wrote:
Dear Steve,
I believe we've met before. Some years back I was doing a
story on a section of the Indiana Dunes for the Associated
Press and you were very helpful. By way of re-introduction, I
own Jack's Boathouse: a small mom and pop operation that
has been located on the Potomac in Georgetown for around
70 years. We were working with Steve Lebel on a
concessions contract for the boathouse that we were
supposed to sign by November 1st but we have been unable
to reach Steve for over three weeks (we have tried email ,
phone, and registered mail repeatedly). We are growing
increasingly concerned for the future of our business and for
Steve's health. We hope that he is not unwell , but we also
wanted to reach out to you, as the Regional Director, for
suggestions as to who we should be getting in touch with. As
a small seasonal business, this silence has been extremely
detrimental. We h ~ no idea how to proceed with closing procedures , what to
tell our 25+ employees who rely on Jack's, or how to pacify many concerned
members of the community, news media organizations as well as several
congressmen, as well of one member of the president's cabinet. I am doing my best
to operate in good-fait h, but this issue has already cost me o ~ r $20,000 in legal
fees.
Our business has always had a very positive relationship with
the National Park Service and we truly hope to do so going
forward. Please advise as to next steps at your earliest
convenience.
Best,
Paul
Paul Si mkin
202-716-7700
ttps ://mail.google. com/mall/ b/152/v/O/?ui=2&ik =r 634 766664&v lew=pt&cat=Jack's Boathouse&search= ... 2/3
DEPARTMENT UF THE INTERIOR Mall Fw: Urgent I Jack's Boalhouso
psimkin@gmail .com
tips: II mall. goo9 le. com/ m all/b/ 152/ u/O/ ?ul.,2&1k f 534 76866<1& v l11w=pt&c(lt J a c k ~ Boal ho us e&s oarc h .. 3/3
13008PAfHMENT OF THE INTERIOR Mall Re: Urgent I Jack's Boathouse
Re: Urgent I Jack's Boathouse
Steve_Whitesell@nps.gov <Ste1.i1e_Whitesell@nps.gov>
Fri, Oct 12, 2012 at 7:32 AM
Cc: Steva_LeBel@nps.gov
Paul
Thanks for your note. My understanding is that Steve LeBel dropped off a letter to you yesterday regarding the
Jack's Boathouse concession. Please let me know if that is not the case.
Thanks.
Ste1.i1e Whitesell
Regional Director
Paul Simkin --10/11/2012 03:23:25 PM- Dear Steve, I believe we've met before. Some years back I was doing
a story on a secti on of the Indiana Dunes for the Associal
Dear Steve,
Paul Simkin
<psimkln@gmaii .com>
10/11/2012 03:23 PM
To"s te-...e_whilesell@nps .gov'
<steve_whitesell @nps.gov>
cc
SubjectUrgent I Jack's Boathouse
I believe we've met before. Some years back I was doing a story on a section of
the Indiana Dunes for the Associated Press and you were very helpful. By way of
re-i ntroduction, I own Jack's Boathouse: a small mom and pop operation that has
been located on the Potomac in Georgetown for around 70 years. We were
working with Steve Lebel on a concessions contract for the boathouse that we
were supposed to sign by November 1st but we have been unable to reach Steve
for over three weeks (we have tried emai l, phone, and registered mail repeatedly).
We are growing increasingly concerned for the future of our business and for
Steve's health. We hope that he is not unwell, but we also wanted to reach out to
you, as the Regional Director, for suggestions as to who we should be getting in
touch with. As a small seasonal business, this silence has been extremely
ttps ://mail.googlG. com/malllb/152/u/O/?ui=2&1k=f 534 766664&v lew=pt&cat =J ack's Bo:ithouse&search= ... 1/2
detrimental. We have no idea how to proceed with closi ng procedures, what to tell our 25+ employees who
rely on Jack's, or how to pacify many concerned members of the community, news media organizations as well
as several congressmen, as well of one member of the president's cabinet. I am doing my best to operate in
good-faith, but this issue has already cost me Ol.r $20,000 in legal fees.
Our business has always had a very positive relationship with the National Park
Service and we truly hope to do so going forward. Please advise as to next steps
at your earli est convenience.
Best,
Paul
Paul Simkin
202-716-7700
psimkin@gmail .com
Heads Up!
Steve_Whitesell@nps.gov <Steve_Whitesell @nps.goV>
To: Peggy_O'Dell@nps.gov, Sue_Waldron@nps.gov
Cc: Jon_Jarvis@nps.gov, Maureen_Foster@nps.gov, Jo_Pendry@nps.gov
Wed, Aug 29, 2012 at 4:33 PM
We just got word that US Park Police has issued an arrest warrant for Paul Simkin who is arguably the
concessioner (there is a confusing chain of ownership that could be contested) for Jack's Boathouse in
Georgetown and part of Rock Creek Park. Simkin had been under in1.estigation for illegal disposition of human
waste. Apparently he has been living In a camper at Jack's and had his employees clean out his porta pot into
plastic bags which they would dispose of in some poor neighbors dumpster. One of the employees dropped a
dime resulting in thee Park Police in'vestigation. Paul has apparently engaged in illegal excavation on the site and
other less than stellar behavior.
i ~ n the popularity of Jack's and its iconic standing in the community, we anticipate there could be press
co1.erage. We are checking with USPP as to whether they are issuing a press briefi ng, but at this point don't have
an answer.
Ste1.e
Ste\ Whitesell
Regional Direct or
13()' 14 DEPARTMENT OF THE INTERIOR Mail - Today's Groupon
Today's Groupon
Steve_Whltesell@nps.gov <Steve_Whitesell@nps.goV>
To: Steve_LeBel@nps.gov
Jack's Boathouse
Doesn't say anything about restrooms!
(See attached file: Jacks. docx)
Ste\. Whitesell
National Park Ser.Ace
Regional Director
National Capita! Region
Jacks.docx
87K
ltps ://mell.google.com/ mail/b/ 152/ u/O/?ul 2&1k" f 534 768664&v iew=pt&cat =Jack's Boethouse&search= . ..
Mon, Aug 20, 2012 at 9:57 AM
1/ 1
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Limit 1/person, 1 as a gift. Valid only for option purchased. Reservation required for twi light
paddle tour; subj ect to availability. 48hr cancellation notice required. Must sign waiver. Must be
18 or older to rent boat, must be 16 or older to kayak/canoe alone. Must be 18 or older for SUP.
May use rentals across visits; rsvn not accepted. Not valid on holidays, including 9/3. SUP must
be redeemed by hour. See www.jacksboathouse.com for rul es that apply to all rentals.
See t he rules t hat apply to all deals.
Since t he invention of inflation, prices for groceri es have skyrocket ed and rivers have become
traversable. Enjoy the scenic side of economics with today's Groupon.
Choose from Three Options
$22 for one 90-minute t wilight paddle tour (a $45 value)
$35 for five 60-minute kayak or canoe rentals (a $70 value), valid Monday- Friday
$50 for four 60-minute standup-paddleboard rentals (a $100 value), valid Monday-Friday
After brief instruction, twilight tour groups settle into kayaks and paddle across t he Potomac River.
Safety escorts keep a watchful eye over tours as kayaks circle Theodore Roosevelt Island and paddl e
toward Three Sisters Islands. Along the way, kayakers can snap photos of national monuments including
the Lincol n Memorial and wildlife such as eagles en route to t estify before Congress. Kayak, canoe, and
paddleboard rentals enable paddlers to explore solo. Tours and rentals include safety vests and paddles.
Jack's Boathouse
Decorated in lights, a yellow kayak st ands upright outside the entrance of Jack's Boathouse, welcoming
customers into the nearly 70-year-old business. Countless visitors- incl uding Travel Channel's
Samantha Brown- have dog-paddled t heir way to the boat house over the decades and t aken kayaks,
canoes, and stand up paddleboards on winding journey's through Washington, DC.
The Potomac River forms a tranquil waterway past some of the capital 's most famous locations.
Whether on tours or self-guided paddl es, boats can capture views of the Lincoln Memorial, the
Washington Monument, and where the founding fathers played Marco Polo at Georgetown Harbor. As
the sun sets, wildlife such as eagles and beavers join in on Jack's aquatic excursions.
Ask a Question
Jack's Boathouse
Company Website
4.5 out of 5
Yelp (97 Reviews)
GrAC:f:
~ tJ'll"l'"J)
Clttllf I
Soulh Streel
r'.w.1k'
~ ~ Map data '2012 Google
A
Georgetown
3500 KSt. NW
Get Directions
One 90-tninute twilight paddle tour
$45 list price
- 51% off
- Save $23
Five 60-minute kayak or canoe rentals
$70 list price
- 50% off
- Save $35
Four 60-minute Stand Up Paddle board rentals, Monday through Friday
$100 list price
- 50% off
- Save $50
1 Bought $22
5 Bought $35
0 Bought $50
IMT1@F THE INTERIOR Mall USPP Report: Jack's Boat House Dumping
USPP Report: Jack's Boat House Dumping
Steve_LeBel@nps.gov <Steve_LeBel@nps.gov>
To: Tara_Morrison@nps.gov
Cc: Cindy_Cox@nps. gov, Charles_A_Orton@nps.gov
Bee: Steve_Whitesell@nps.gov
Tara -
Thu, Aug 16. 2012 at 1:02 PM
Sorry we've been unable to discuss this incident and its potential impact to our concession contract discussions
with Mr. Simkin. We should meet as soon as possible to discuss future scenarios.
Further, there are criminal allegations not referenced in this report, as well as administrative matters of concern.
USPP are considering charges at this time. This matter is under active USPP investigation and should be
considered law enforcement sensiti ve.
Steve LeBel
National Capital Region, National Park Serv1ce
Phone: (202) 619-7072
Fax: (202) 619-7157
for the use of the individuals to whom it is sent. Any privilege is not waived by virtue of this havi ng been sent by
(See attached file: 8.9. 12 USPP Report Jacks Boat House Dumping.pdf)
t:J 8.9.12 USPP Report Jacks Boat House Dumping.pdf
150K
1/1
08/16/2012 11:02 FAX
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PECTS. (2) I NDICATE HOW NOTIFIED OF INCIDENT, Dl!8CR19E DETAILS OF INCIDENT, (3) OE8CRl8E PROPERTY ANO ITS VALUE.
STI. REC PROP VAlU!l
On Thursday, 08/09/2012, at approximately 1715 hours I responded to a report of dumping at Jack's Boat house.
When 1 arrived l found o. sealed black plastic trash bag full of RV holding lank waste sitting on the ground next to
the trash cans and dumpsters for Jack's Boat House and tho adja<:ent residences on Water Street NW. SIMKIN, the
proprietor of Jack's Boat House, identified lhe bag and told me what was in it SIMKIN was Identified by his
DC Driver's license # 1 S45 J 77. A check of SIMKIN record by USPP Comsec had negative results. PicturCS taken.
Time Cleared 1808 hours.
b4 llolVllSTIG/\T R NOTIFIED
Detective Critchfield
e5
lctosr;o ov:
ra
STATUS! 181 OsuSPEMOE o CJ AA REST 0EXCEPT10N 0 UNl'OUNl>EO DiSPOSmON:
I I I
07 REPORTING OFFICER PllOGE/ID DATE
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MPGEJIO

1cer ter -bi I 2 I 3 I 3 I s110112
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IBDRiMall - Fwd: Jack's Boathouse Loses Lease Georgelown, DC Pat ch
Fwd: Jack's Boathouse Loses Lease Georgetown, DC Patch
Tara Morrison <tara_morrison@nps.goV> Sun, Dec 23, 2012 at 8:11 AM
To: "Ste...e E. Whitesell" <Steve_Whitesell@nps.goV>, Lisa Mendelson-lelmini <Lisa_Mendelson-lelmini@nps.goV>
See the li nk below.
Tara
You'...e got to think about 'big things' while you are doing small things so that all the small things go in the right
direction. -- Alvin Tofller
From: tammy _stidharn@nps.gov
Date: December 23, 2012 8:05:55 AM EST
To: Peter May <Peter_May@nps.goV>, "steve_lebel@nps.gov'
tara_ morrison@nps.gov
Subject: Jack's Boathouse Loses Lease Georgetown, DC Patch
t1ttp://georgetown.patch.com/articles/jack-s-boathouse-loses-lease?ncid=newslluspatc00000001
Tammy Stidham
1100 Ohio Drive SW
Washington.DC 20242
202-619-7474 office
202-438-0028 CGll
Tammy _stidham@nps.gov
1/1
(b) (6)
(b) (6)
11m1n41 just signed "National Pari< Serv Ice: Sav CJ Jack;s Boathouse f roni ...
I just signed "National Park Service: Save Jack's Boathouse from Closure I"
<mail@change.org>
Reply-To: no-reply@change.org
To: Steve_Whltesell @nps.gov
Dear Steve Whitesell, Regional Director (National Park Service),
Sun, Dec 23, 2012 at 8:10 AM
I just signed Jesse B Rauch's petition "National Park Service: Sa\A'J Jack's Boathouse from Closuro!" on
Change.org.
On December 18, 2012, Jack's Boathouse, a landmark, family-owned small business was unceremoniously
notified that their lease was being rescinded. Operating since 1945 on the banks of the Potomac River,
offering canoe and kayak rental , Jack's Boathouse has become a fa1A:>rite destination for Washington, DC's
residents. Despite being promised a three-year lease, the National Park Service has notified Jack's
Boathouse that they must vacate their property by January 31, 2013. Apparently, this emerged after the
District of Columbia transferred jurisdiction over certain property along the Georgetown Waterfront to the
National Park Service. No reasons were provided. We, fans and de110tees of Jack's Boathouse hereby declare
our opposition to the closure of Jack's Boathouse. We demand to know why this order was given and, if it
must go forward, what the National Park Service is doing to relocate Jack's Boathouse so it can continue
providing recreational activities along the Potomac River.
Sincerely,
ilver Spring, Maryland
There are now 11 signatures on this petition. Read reasons why people are signing, and respond to Jesse B
Rauch by clicking here:
http://www.change.org/petitions/national-park-service-save-jack-s-boathouse-from-closure?response=
29a27107fo 70
21 6 West 104th Street I Suite #130 I New York, NY 110025
1/ 1
(b) (6)
(b) (6)
IOOR'llMENT OF THE INTERIOR Mail - Why I slgnod -- You know how parks
Why I signed -- You know how parks
<mail@change.org>
To: Ste\Ae_Whitesell @nps.gov
Dear Ste\Ae Whitesell, Regional Director (National Park Service),
Sun, Dec 23, 2012 at 7:29 AM
I just signed Jesse B Rauch's petition "National Park Service: Save Jack's Boathouse from Closure!" on
Change.erg.
Here's why I signed:
You know how parks are for the enjoyment of people? This is how the people of DC enjoy our Potomac Ri\Aer.
To evict this DC institution, with almost no notice, on the holidays, Is a tra\Aesty.
Si ncerely,
Arlington, Virginia
Rauch by clicki ng here:
http://www.change.org/petitions/national-park-service-sa....e-jacks-boathouse-from-closure?response=
29a27107fe70
216 West 104th Street I Suite #130 I New York, NY 110025
lips ://mell.google.com/mail/b/ 152/u/ O/?ul 2&1k f 534 768664&v iew=pt&cat=J ack's Boathouse&search= .. . 1/1
(b) (6)
(b) (6)
lliln41 just signed "National ParK Service: Save Boiithouse from ...
I just signed "National Park Service: Save Jack's Boathouse from Closure!"
<mail@change.org>
Dear Steve Whitesell , Regional Director (National Park Service),
Sun, Dec 23, 2012 at 2:52 AM
I just signed Jesse B Rauch's petition "National Park Ser.1ce: Save Jack's Boathouse rrom Closure!" on
Change.org.
offering canoe and kayak rental , Jack's Boathouse has become a favorite destination for Washington, DC's
National Park Service. No reasons were provided. We, fans and devotees of Jack's Boathouse hereby declare
providing recreational acti'.iities along the Potomac Ri'ver.
Sincerely,
Fresno, California
http://www.change.org/petitlons/nalional-park-service-save-jack-s-boatl1ouse-from-closure?response=
29a27107fo70
llps://mail.google.com/mail/b/152/u/O/?ui=2&1k=f534768664&vlow"pl&cat"'Jack's ... 111
(b) (6)
(b) (6)
lflll.)IH 41 Jvsl signed "National Park Serv ico: Savo Jack's from ...
- <mai l@change.org>

Sun, Dec 23, 2012 at 2:38 AM
Change.org.
On December 18, 2012, Jack's Boathouse, a landmark. family-owned small business was unceremoniously
offering canoe and kayak rental. Jack's Boathouse has become a favurite destination for Washington, DC's
Boathouse that they must vacate their property by Jam1ary 31, 2013. Apparently, this emerged after the
National Park Ser'l.Ace. No reasons were provided. We, fans and devutees of Jack's Boathouse hereby declare
our opposition to the closure of Jack's Boathouse. We demand to know why this order was and, if it
must go forward, what the National Park Servi ce is doing to relocate Jack's Boathouse so it can continue
providing recreational activities along the Potomac Ri1.oer.

Spring, Maryland
http://www.change.org/petitions/national-park-ser'l.Ace-save-jack-s-boathouse-frorn-closure?response=
29a27107fe 70
216 West 104th Street I Suite #130 I New York, NY J 10025
It ps: /Im all. google. com/ m ail/b/ 152/u/O/?ui=2&11< =f 534 768664&v loW"'pt &o al Jack's ho us e&s earch= ...
130ill4 New petition to you: National Pork Service: Save Jack's Boathou . ..
New petition to you: National Park Service : Save Jack's Boathouse from
Closure!
Jesse B Rauch <mail@change.org>
Sun, Dec 23, 2012 at 2: 09 AM
Jesse B Rauch started a petition "National Park Service: Save Jack's Boathouse from Closure!" targeting you on
Change.org that's starting to pick up steam.
Change.org is the world's largest petition platform that gives anyone, anywhere the tools they need to start, join
and win campaigns for change. Change.org never starts petitions on our own - petitions on the website, like
"National Park Service: Save Jack's Boathouse from Closure!", are started by users.
While "National Park Service: Save Jack's Boathouse from Closure!" is acti-.e. you'll receive an email each time a
signer leaves a comment explaining why he or she Is signing. You'll also receive periodic updates about the
petition's status.
Here's what you can do right now to resolve the petit ion:
Review the petition. Here's a link:
o http://www.change. org/petitions/national-park-service-save-jack-s-boathouse-frorn-closure
See the 5 signers and their reasons for signi ng on the petition page.
Respond to the peti tion creator by sending a message here:
o http://www.change.org/petitions/national-park-service-savHack-s-boathouse-from-closure?
response=29a27107fe70
Sincerely,
Change.org
http://www.change.org/petitions/national-park-service-sa'.-jack-s-boathouse-from-closure?response=
29a27107fe70
com/mail/b/152/u/0/?ui=2&il<=f 534 766664&v leWllpt&cet =Jack's Boathouse&search=.,. 111
(b) (6)
(b) (6)
i w.tn4t j ust signed "National Park Service: Savo Jack's Boathouse f rom ..
- rnail@change.org>
To: Steve_Whltesell@nps.gov
Dear Steve Whitesell, Regional Director (National Park Sel'\.ice),
Sun, Dec 23, 2012 at 1 :46 AM
Change.erg.
On December 18, 201 2, Jack's Boathouse, a landmark, family-owned small business was unceremoniously
offering canoe and kayak rental, Jack's Boathouse has become a fa\Qrite destination for Washington, DC's
residents. Despite being promised a three-year lease, the National Park SeMce has notified Jack's
Boathouse that they must vacate their property by January 31 , 2013. Apparently, this emerged after the
District of Columbi a transferred jurisdiction over certai n property along the Georgetown Waterfront to the
National Park Service. No reasons were pro\1ded. We, fans and de\Qtees of Jack's Boathouse hereby declare
providing recreational activities along the Potomac Ri ver.
Virginia
http://www. change.org/pelitions/national-park-service-sal.(3-jack-s-boathouse-from-closure?response;;;
29a27107fe 70
llps://mail.google. com/mall/bi 152/u/O/?ul=2&1k=f 534 768664&v low=pt&cat 11J:ick's ... 1/ 1
(b) (6)
Jack's Boathouse Lease Canceled (C&O Canal)
http://www. georgel owner. com/ arti c les/2012/ dec/21 /jack s-boal house-leas eca nee I I ed/
Georgetowner (Washington, DC)
Friday, December 21, 2012
Jack's Boathouse Lease Canceled
By Robert Devaney
Sat, Dec 22, 2012 at 7:57 PM
Like a Grinch before Christmas, the National Park Ser\1ce has canceled its lease with Jack's Boathouse, the
popular canoe and kayak renting facility on the Potomac River next to Key Bridge.
According to a letter received by Paul Simkin, owner of Jack's Canoes & Kayaks, LLC, from the National Park
Service, his business has until the end of next month to vacate the property. Jack's has been a boat rental
location in the same spot on t he river since 1945.
The lett er, sent Dec. 18 and signed by NPS regional director Stephen Whitesell. stipulates: "This letter serves as
notice to Jack's ... to terminate its occupancy of the leased premises. Please vacate the property on and before
11:59 p.m. on January 31, 2013, and remove all personal property from the premises .... "
The letter also reads: "As you are aware, the property upon which Jack's Canoes & Kayaks, LLC, conducts
business became a part of Rock Creek Park when the District of Columbia transferred jurisdiction over certain
property along the Georgetown Waterfront to the National Park Service. This 1984 transfer included the October
1, 1973, m o n t h t o ~ m o n t h lease (as amended in 1982) for the property popularly known as Jack's Boat House,
located at 3500 K Street, N.W ... and said lease was assigned to the National Park Foundation."
The Georgetowner contacted the NPS to ask why the boathouse lease was canceled, but its public affairs office
has not yet responded to the newspaper.
As the latest owner of Jack's Boat House, Paul Simkin commented on the NPS decision to cancel his
business's lease.
"The Jack's Boathouse family is heartbroken that after 70 years on the same location, we are told in a form letter
that we must be out by 30 days," Simkin said. "Hearing this at Christmastime will be a huge blow to our 27
employees at Jack's Boathouse who are losing their jobs which makes this e...en harder."
"Last summer was the best summer we ever had In D.C. at the boathouse with our business booming and our
customers happy,'; he said. "We were brought into the National Park Service offices and assured a minimum of a
three-year contract - and then to be told this now is j ust devastating."
Simkin said that he has grown Jack's seasonal customer base from 4,000 four years ago to 72,000 in 2012.
The Georgetowner will have an update to this news story next week - along with a re\1ew of possible boathouse
projects on the Potomac and the proposal to move Jack's Boathouse upstream.
llps://miill.900910. com/mall/b/152/u/0/?ui=2&ik =f 534 768664&v IOW" Pl&C(ll Jack's Boathouse&saarch=,. , 111
(b) (6)
(b) (6)
130114
Why I signed -- I was at Jack's
- mail@change.org>
Dear Steve Whitesell , Regional Director (National Park Serv;ce),
Sun, Dec 23, 2012 at 6:42 PM
I just signed Jesse B Rauch's petition "National Park Serv;ce: Save Jack's Boathouse from Closure!" on
Change.erg.
I was at Jack's Boathouse a few times thi s year and made some good memori es. Jack's provides a solid
service at fair rates complementi ng the DC historic landscape. The national park serv;ce should be fi ndi ng
ways to keep them there!
Sincerely,
Cabin John, Maryland
There are now 136 signatures on this petit ion. Read reasons why people are signing, and respond to Jesse B
Rauch by cli cking here:
http://www.changc.org/petltions/national-park-serv;ce-save-jack-s-boathouse-frorn-closure?response=
29a27107fe"/O
216 West 104th Street I Suite #130 I New York, NY I 10025
ttps://mail.googlc. com/mail/bl 152/u/Ol ?ui=2&ik=f 634 766664&v iew=pt&cot Jeck's Boathouse&search" . 1/ 1
(b) (6)
(b) (6)
130/ 14 DEPARTMENT OF THE INTERI OR Mall - Why I signed -- I grew up a
Why I signed -- I grew up a
<mail @change.org>
To: Steve_Whitesell @nps.gov
Sun, Dec 23, 2012 at 6:42 PM
I just signed Jesse B Rauch's petition "National Park Servi ce: Save Jack's Boathouse from Closure!" on
Change.org.
I grew up a Potomac River Rat, solely due to Jack's. What a wonderful adventure it was then, and source of
cherished memories now. Jack's is an institution, and irreplaceable. PLEASE do not close it down!
....
Los Angeles, Californi a

29a271 07fc70
1/1
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(b) (6)
ll9>J\'RTMENT OF THE INlERIOR Mail - Why I signed - Jack's has been a
Why I signed -- Jack's has been a

Dear Ste1,e Whitesell , Regional Director (National Park Servi ce).
Sun, Dec 23, 2012 at 6:30 PM
I just signed Jesse B Rauch's petition "National Park Service: Sa1,e Jack's Boathouse from Closure!" on
Change.org.
Jack's has been a landmark in D.C.for a long time. Always supporting the paddling community. It would be a
travesty to close Jacks Boathouse .
......
Alexandria, Virginia

29a27107fe70
ltps://mail. googlo.com/mall/bl 152/u/O/?ul=2&ik=f 534 768664&v le-pt&cat=Jack 's Boathouse&search= .. . 111
(b) (6)
(b) (6)
AIQlENT OF THE INTERIOR Mail Why I signed - Jack's Boathouse Is a
Why I signed -- Jack's Boathouse is a
- <mail@change.org>
- @nps.gov
Sun, Dec 23, 2012 at 6:30 PM
I just signed Jesse B Rauch's petition "Natiom:i l Park Service: Save Jack's Boathouse from Closure!" on
Change.org.
Jack's Boathouse is a local treasure. Nothing else in that space could possibly achieve the same publi c
good .
........
Mclean, Virginia
There are now 130 signatures on this petition. Read reasons why people are signing, and respond t o Jesse B

29a27107fo70
111
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(b) (6)
DEPARTMENT OF THE INTERIOR Mail Why I signed -- ono or the best
Why I signed -- one of the best
- <mail@change.org>

Sun. Dec 23, 2012 at 6:29 PM
Change. org.
one of the best family acti-.ity the area has to offer. i been a patron for 20 years.
Sincerely,
Arlington, Virginia
http://www.change.org/petitions/national-park-sorvice-sa\.e-jack-s-hoathouse-from-closure?response=
29a27107fe70
216 West 104th Street I Suite #130 I New Yor1<, NY 110025
ttps://mall,google.com/mall/b/152/u/O/?ui=2&11<=f 534 76B664&v iaw=pt&cat Jack's Boathouse&seerch= ... 1/ 1
(b) (6)
(b) (6)
l l ~ M l N T OF THE INTERI OR Mall - Why I signed - Jack's boathouse is an
~
511
Why I signed .... Jack's boathouse is an
mail@change.org>
Dear Steve Whitesell. Regional Director (National Park Seivice),
Sun, Dec 23, 2012 at 6:24 PM
I just signed Jesse B Rauch's petition "National Park Servico: Save Jack's Boathouse from Closure!" on
Change.erg.
Jack's boathouse is an D.C. institution ... enjoy by past and current generations.Keep it intact for future
generationsll and his workers employed ... what a scrooge the NPS isl
--.
Potomac, Maryland
http://www.change.org/petitions/national-park-service-saVG-j ack-s-boathouse-from-closure?response=
29a27107fe70
ttps ;/ irnlilil.google.com/ mall/b/ 162/u/O/?ul=2&ik=f 534 768G64&v lew=pt&cat=Jack' s Boatho\1se&search= ... 1/ 1
(b) (6)
(b) (6)
>atnNIENT OF THE INTERIOR Mail Why I signed - This beautiful place is
Why I signed -- This beautiful place is
<mail@change.org>
To: Steve_Whltesell@nps .gov
Sun, Dec 23, 2012 at 6:24 PM
I just signed Jesse B Rauch's petition " National Park Service: Savo Jack's Boathouse from Closure!" on
Change.org.
This beautiful place is very memorable to many people:), more valuable than any price can paid.
There are now 121 signatures on this pet ition. Read reasons why people are signing. and respond to Jesse B
http://www.change.org/petitions/national-park-service-save-jack-sboathouse-from-closum?response:;:;
29a27107fe70
t p ~ ://mall. !JOogle. com/mall/bi 152/u/Oi?ui=2&1k=f 634 i66664&v lew=pt&cat=Jack's BoathoLJse&search= ... 1/1
(b) (6)
(b) (6)
(b) (6)
(b) (6)
(b) (6)
(b) (6)
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130lll'IPARTMENT OF 11-lE INTERIOR - Why I signed -- One of the
Why I signed -- One of the first
mall @change.org>
Sun, Dec 23, 2012 at 6:23 PM
I just signed Jesse B Rauch's petition uNational Park Ser-Ace: Save Jack's BoathoLtse from Closure!" on
Change.erg.
One of the first things we did when moving to the DC area 40+ years ago was to rent a canoe from Jack's
Boat House and tour the area via the C&O Canal. Great memory! What could possibly be the reason for
forcing a part of hi story to close?

http://www.chang0.org/petitions/national-park-service-sa\A3-jack-s-boathouse-from-closure?response=
29a27107fe 70
l tps ://mai l. google. com/ m ail/b/ 152/ u/O/?ul=2&ik =f 534 768664&v lew=pt&cal "J (lCk's h= ... 1/1
(b) (6)
(b) (6)
(
b
)
(
6
)
(b) (6)
(b) (6)
/OOlil4 Re New petition to you: National ParK Service: Save Jock's Boat...
Re: New petition to you: National Park Service: Save Jack's Boathouse from
Closure!
Steve LeBel <ste-..e_lebel@nps.goV> Sun, Dec 23, 2012 at 6: 01 PM
To: Steve_ Whitesell@nps.gov, Li sa_Mendelson-lelmini@nps.gov, dougjacobs@nps.gov. Tammy _Stidham@nps.gov
It's important we don't use "competed," per SOL. Our authoriti es permit use t o sole source "without
competition.
11
Mari a made a point of i t, so we're se nsitive to the contracting l anguage we use. Rather, can
we st ate "the public is invited to respond to a Request for Quali fications, to be publi shed in a few days?"
A'om: Steve Whitesell [ mailto:stevc_whitesell@nps.gov]
Sent: Sunday, December 23, 2012 01: 18 PM
To: peter_may@nps.gov <peter_may@nps.gov>
Cc: steve_lebel@nps.gov <steve_lebel@nps.gov>; Li sa_Mendel son-ielmini@nps.gov <Lisa_Mendelson-
ielmini@nps. gov>; doug_jacobs@nps.gov <dougjacobs@nps. gov>; Tammy_Stidham@nps.gov
<Tammy_Stidham@nps.gov>
Subject: Re: New petition to you: National Park Service: Save Jack's Boathouse from Closure!
Looks good.
Ftom: Peter May [mailto: peter _may@nps.gov]
Sent: Sunday, December 23, 2012 01:15 PM
To: Steve Whitesell <steve_whitesell@nps.gov>
CC: Steve LeBel <steve_lebel@nps.gov>; Lisa_Mendelsonulelmini@nps.gov <Lisa_Mendelson-Ielmini @nps.gov>;
doug_jacobs@nps.gov <dougjacobs@nps.gov>; Tammy_Stldham@nps.gov <Tammy_Stidham@nps.gov>
Subject: Re: New petit ion to you: National Park Service: Save Jack's Boathouse from Closure!
OK, I have edit ed the reply to reflect the comments. I retained the mention of Simkin's ability to compete and
added words to communicate the fair and open process. as well as addressing Lisa's comments.
I'd like to have this language OK'd one more time before posting.
The National Park Service Issued notice to Paul Simkin, the operator of Jack's Boathouse, that the lease under
which the business has operated for several years is no longer considered valid. The recreational services offered
and public access to the Potomac River are important to the NPS and thus wil l be offered as a concession
contract. This concession wil l be announced within a few days and will be competed in a fair and open
process. Mr. Simkin is free to compete for the opportunity to operate the concession. A Request for
Qualifications wi ll be announced within a few days. The conversion to a concession will be complete by February
1. 2013, and we anticipat e no interruption of service at the site.
Peter May
Associate Regional Director
Lands, Planning, and Design
1100 Ohio Drive SW
ttps://m ail .googla. eom/meil/b/ 152/ u/O/?ul=2&ik =f 534 768664&v lew=pt&cet =Jack' s Boat house&somch= ...
1/6
/fllltil 4 Ro: New petition l o you: National Park Service: Save Jack's Boat. ..
(202) 619 7025
pmay@nps.gov
On Dec 23, 2012, at 3: 04 PM, Steve Whitesell <ste\O_whilesell@nps.goV> wrote:
Thanks for all the good work. Let's make sure we charact eri ze the new contract opportunity as fair
and open to all .
With those corrections it's OK to distribute
Thanks
Sent from my i Pad
On Dec 23, 2012, at 2: 49 PM, Peter May <peter_rnay@nps.goV> wrote:
Did you lea1,e it out for legal reasons?
Part of the response must be due to folks who are sympathetic to Simkin, so I think
it is good to let folks know he still can compete.
Peter May
1100 Ohio Drive SW
(202) 619 7025
pmay@nps.gov
On Dec 23, 201 2, at 2:46 PM, Ste1,e LeBel <ste1,e_lebel@nps .goV> wrote:
That's our plan.
We' re about to publi sh a RFQ (Request for Qualifi cat ions) for a
temporary concession contract.
In response to t he petition, need we mention Si mki n has the
opportunity to respond to the RFQ? We intentional ly left it out of
the vacate notice .
From: Lisa Mendelson-Ielmini [ mailto: lisa_mendelson-ielmini @nps.gov]
Sent: Sunday, December 23, 2012 10: 56 AM
To; Peter May <peter _may@nps.gov>
C.C: Steve Whitesell <steve_whitesell@nps.gov>; Steve_LeBel@nps.gov
<Steve_LeBel@nps.gov>; Doug..)acobs@nps.gov
<Doug..)acobs@nps.gov>; Tammy_Stidham@nps.gov
Subject: Re: New petition to you: National Park Service: Save Jack's
Boathouse from Closure!
llps ;//mail.google.com/mall/bl 152/u/O/ ?ui=2&1k=f 634 768664&v iew=pl &cat Jack's Boathouso&setirch:: ... 216
l l'lOlil 4 Ra: New petition 10 you: National Park Sorv Ice: Sav e Jack's Boot ...
Couple of quick things - draft:
1) spellcheck wrote 'conspired' instead of 'considered'
2) how about something like this for the 2nd sentence to give more
context "the recreational services offered and public access to the
Potomac Rh.er are important to the NPS and thus will be offered as a
concession contract. The nps will shortly announce a concession ....
3) Steve LeB are you sti ll standing by a 2-1-13 date as referenced
below? And then by extension the 'no interruption of service'?
Thank you. lisa
Li sa A Mendelson-lelmini , AICP
Deputy Regional Director
202-297-1338 cell
202-619-7023 office
On Dec 23, 2012, at 1 :45 PM, Peter May <peter_may@nps.gov>
wrote:
How's this for a reply message and a statement for the
website.
The National Park Ser\1ce issued notice to Paul Simkin.
the operator of Jack's Boathouse, that the lease under
which the business has operated for se\ral years is no
longer conspired valid. In order to continue the valuable
ser\1ce that the business has provided to the public, the
site will be operated as a concession. The National Park
Service wi ll announce the concession opportunity to the
public within the next few days, and Mr. Simkin is free to
compete for the opportunity to operate the concession.
We anticipate that the conversion to a concession will be
complet e by February 1, 2013, and that there will be no
interruption of service at the site.
Peter May
1100 Ohio Drive SW
(202) 619 7025
pmay@nps.gov
On Dec 23, 2012, at 11 :55 AM. Steve Whitesell
lips ://mall,google. com/ m alllb/1S2/u/O/?ui=2&1k'"f 634 768664&v iew=pt&cot"'Jack's Boat house&search= ...
3/6
111Qiil4 Re; New pet:Uon to you: Niitlon!ll Piirk Service: S11ve Jack's 6011t.,,
<steve_whitesell@nps.goV> wrote:
I' m seei ng.itt too.
Yes. Go ahead but run wording by us
fi rst.
From: Peter May
[mailto: peter _may@nps.gov]
Sent: Sunday, December 23, 2012 05:14
AM
<Steve_Whitesell @nps.gov>;
Steve_LeBel@nps.gov
<Steve_LeBel@nps.gov>;
Ielmini@nps.gov
Ielmini@nps.gov>
Cc: Doug_Jacobs@nps.gov
< Doug_Jacobs@nps.gov> i
Tammy_Stidham@nps.gov
<Tarnmy_Stidham@nps.gov>
Subject: Fw: New petition to you: National
Park Service: Save Jack's Boathouse from
Closure!
Please see below. I have recei ved a
handful of messages from thi s site so far
and I assume I will receive many more.
Did we do a press release to accompany
this to let folks know that t here will be a
concession offering and that Si mki n can
compete?
The Georget owner articl e simply state
that NPS has not responded to their
inquiries?
Can I post a reply t hat tell s t he full story.
The sooner the better, for obvious
reasons.
Peter
From: Jesse B Rauch
[mailto: mail @change.org]
Sent: Saturday, December 22, 2012 11:09
PM
To: Peter _May@nps.gov
<Peter _May@nps.gov>
Subject: New petition to you: National Park
Service: Save Jack's Boathouse from
Closure!
ttps ://mall .google.coml mall/bl 1S2/u/O/?ul" 2&1k f 534 768664&v iew=pt&cat=Jack's Boathouse&soareh= ... 4/ B
f19: New pot;tion l o you: National Park Sorv ico: S3v e Jack's Boat. ..
Dear Peter May (Associate Regional
Director),
Jesse B Rauch started a petition "National
Pc:irk Service: Save Jack's Boathouse from
Closure!" targeting you on Change.org
that's starting to pick up steam.
Change.org is the world' s largest petition
platform that gives anyone, anywhere the
tool s they need to start. join and win
campaigns for change. Chnnge.org never
starts petitions on our own - petitions on
the website, like "National Park Service:
Save Jcick's Boat house from Closure!", are
started by users.
While "National Park Service: Save Jack's
Boathouse from Closure!" is active, you'll
receive an email each time a signer leaves
a comment explaining why he or she is
signing. You'll also receive periodic updates
about the petition's status.
Here's what you can do right now to resol ve
the petition:
o http://www.change.org/

service-save-j ack-s-
boathouse-from-closure
See the 5 signers and their reasons
for signing on the petition page.
Respond to the petition creator by
sending a message here:
o http://www.chang9.org/
petitions/nalional-park-
service-save-jack-s-
boathouse-from-closure?
response=3144071eddd4
Sincerely,
Change.erg
There are now 5 signatures on this petition.
Read reasons why people are signing, and
respond to Jesse B Rauch by clicking here:
http://www.change.org/petitions/ national-
park-s ervicc-save-j ac k -s-bocithouse-f rom-
clos ure ?response= 3144071 eddd4
216 West 104th Street I Suite #130 I New
York, NY I 10025
tips ://m<ill.google. com/mall/b/152/u/O/?ui=2&ik =f 534 768664&v lewpt&cat=Jaok's Boalhouse&saarch= ... 5/6
(b) (6)
(b) (6)
lll&ll01H OF TI-fE INTERIOR Mail Why I signed -- Jack's Boathouse Is one
Why I signed .... Jack's Boathouse is one
mail@change.org>
1 esell@nps.gov
Dear t e ~ Whitesell , Regional Director (National Park Sel'\oice),
Sun, Dec 23, 2012 at 5:57 PM
I just signed Jesse B Rauch's petition "National Park Service: Savo Jack's Boathouse from Closure!" on
Change.erg.
Jack's Boathouse is one of the few remaining, undisturbed smidgens of DC's waterfront. It is historic and
should remain undisturbed. It's an i rreplaceable resource .
.....
Arlington, Virginia
http://www.change.org/ petitions/ national-park-service-sa\-jack-s-boathouse-from-closure?response=
29a27107fe 70
ltps ://mall.google. com/ malllb/1 !i2/u/Ol?ui=2&1k=I 634 766664&v lew=pt&eat =Jack's Boathouse&seareh= ..
1/ 1
(b) (6)
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b
)
(
6
)
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l!a!ENrr OJ= THE INTERIOR Mall Why I signed Rccroatlon In this historic
Why I signed -- Recreation in this historic
<mai l@change.org>
Dear Steve Whitesell , Regional Director (National Park SenAce),
Sun, Dec 23, 2012 at 5:31 PM
I just signed Jesse B Rauch's petition "National Park SenAce: Save Jack's Boatt1ouse from Closure!" on
Change.erg.
Recreation in this historic city is a must. Jack's is a wonderful means for city dwellers and tourists alike to
tra'.1 on this historic waterway.
Sincerely,
Greenwell Springs, Louisiana
There are now 105 signatures on this petit ion. Read reasons why people are signing, and respond lo Jesse B
http://www.change.org/petitions/national-park-senAce-save-jack-s-boathouse-from-closure?response=
29a27107fe70
llps ://mall.googlo.com/moll/b/ 152/u/O/?ul 2&1k"'f 534 768664&v leW"Pt&cat=Jack's Boathouse&search= .. . 1/1
(b) (6)
(b) (6)
IDCllFl4THE INTERIOR Mail - Why I slgnod Please reconsider taking away
Why I signed Please reconsider taking away

To: Steve_Whilesell@nps.gov
Dear Ste...e Whitesell, Regional Director (National Park Service),
Sun, Dec 23, 2012 at 5:27 PM
I just signed Jesse B Rauch's petition "National Park Service: Sa\-9 Jack's Boathouse from Closure!" on
Change.erg.
Please reconsider taking away such a great resource for the community as well as one of the few readily
accessible ways for people to gain access to the Potomac River In DC. The lack of transparency and publ ic
input specific to having a resource like Jack's available to the community is also quite troubling. What is the
plan for the space? A limited use faci lity catering to a few would be unacceptable. There is a great need for a
place like Jack's along the Potomac In Georgetown. please don't lose sight of this .
......
Arlington, Virginia
http://www.change.org/petitions/national-park-service-saw-jack-s-boathouse-from-closure?response=
29a27107fe70
ttps://mall.googlo. com/mall/bl 1 S21u/O/?ui=2&1k =f 53!1768664&v low=pt&cat Jack's aoaihouse&s earch= ... 1/1
(b) (6)
(b) (6)
ll!lllBIH OF "THE INTERIOR Mall - Why I signed great memories at jack's
Why I signed great memories at jack's
- <mail@change. org>
Sun, Dec 23, 2012 at 5: 11 PM
Change. org.
great memories at jack's
Sincerely,
Arlington, Virginia

29a27107fe70
tt ps ://rn ail .google. com/mail/bl 162/u/O/?ui=2&ik=f 534 768664&v low=pt &cat orJack's 1/1
(b) (6)
(b) (6)
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(b) (6)
(b) (6)
(b) (6)
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13JJF1:tHE INTERIOR Mail - Why I signed - Jack's Boathouso has provided
Why I signed Jack's Boathouse has provided
- <rnail@change.org>
To: Ste\.G_Whitesell@nps.gov
Sun, Dec 23, 2012 at 4:48 PM
Change.org.
Jack's Boathouse has prmAded opportunities for the public to access the water for almost seven decades. It is
also a gat hering place for a welcoming group of kayakers who enjoy the river and help others enjoy it by
'-Olunteering to teach kayak ski lls. It needs to stay accessible to all!
Sincerely,
Arlington. Virginia
There are now 89 signatures on this pet ition. Read reasons why people are signing, and respond to Jesse B
http://www.change.org/petitions/ national-park-servic0-sa'.e-j ack-s-boathouse"from-closuro?response=
29a27107fe70
ltps ://mail.google.com/mail/bl 152/u/O/?ul2&1kr S34768664&v iew=pt&cat=Jack 's Boathouso&scaroh 1/1
New petiti on to you: National Park Service: Save Jack's 60...
Fwd: New petition to you: National Park Service: Save Jack's Boathouse from
Closure!
Lisa Mende Ison-le Im i ni <lisa_mendelson-lelmini@nps .goV>
To: Steve Whitesell <steve_whitesell@nps.goV>
Sun, Dec 23, 2012 at 4:46 PM
Shall we use this for the Post as well? See Barna's email ... Tux.
Lisa A Mendelson-lelmini , AICP
202-297-1338 cell
202-619-7023 office
From: Steve Whitesell <ste'A:'>_whi tesell@nps.goV>
Date: December 23, 2012 4:18:39 PM EST
To: peter_may@nps.gov
Cc: steve_lebel@nps.gov, Lisa_Mendelson-ielmini @nps.gov, dougjacobs@nps.gov,
Tammy _St idham@nps.gov
Looks good.
A'ont Peter May [mailto: peter_may@nps.gov)
To: Steve Whitesell <steve_whitesell @nps.gov>
C.C: Steve LeBel <steve_lebel@nps.gov>; Lisa_Mendclson-Ielmini@nps.gov <Li sa_Mendelson-Ielmini@nps.
gov>; dOl!gjacobs@nps.gov <doug_jacobs@nps.gov>; Tammy_Slidham@nps.gov
OK, I have edited the reply to reflect the comments. I retained the mention of Simkln's ability to compete
and added words to communicate the fair and open process, as well as addressing Lisa's comments.
The National Park Service issued notice to Paul Simkin, the operator of Jack's Boathouse, that the lease
under which the business has operated for se-.eral years is no longer considered valid. The recreational
services offered and public access to the Potomac River are Important to the NPS and thus will be offered
as a concession contract. This concession will be announced within a few days and will be competed in a
fai r and open process. Mr. Simkin is free to compete for the opportunity to operate the concession. A
Request for Qualifications will be announced within a few days. The conversion to a concession will be
complete by February 1, 2013, and we anticipate no interruption of service at the site.
tlps:l/mail .googl o .com/mai l/b/ 152/u/O/?ui 2&i k=f534 768664&view=pl &cat,,Jack's Boathouse&search= .. . 1/6
Y#O/-Hlwd: New pell lion to you: National a ~ Service: Save Jack's Bo ...
Peter May
1100 Ohio Dri\e SW
(202) 619 7025
pmay@nps.gov
On Dec 23, 2012, at 3:04 PM, Ste\-0 Whitesell <ste\oe_whitesell@nps.goV> wrote:
Thanks for all the good work. Let's make sure we characteri ze the new contract opportunity
as fair and open to all.
Thanks
Sent from my iPad
On Dec 23, 2012, at 2:49 PM, Peter May <peter_may@nps.gov> wrote:
Did you leaw it out for legal reasons?
Part of the response must be due to folks who are sympathetic to Simkin, so I
think it is good to let folks know he sti ll can compete.
Peter May
1100 Ohio Dri\e SW
(202) 619 7025
pmay@nps.gov
On Dec 23, 2012, at 2:46 PM, Ste-.e LeBel <ste\oe_lebel@nps.goV> wrote:
That's our plan.
We're Jbout to publi sh a RFQ (Request for Qualifications)
for a temporary concession contract.
In response to the petiti on, need we mention Simkin has
the opportunity to respond to the RFQ? We intentional ly
left it out of the vacate notice.
from: Lisa Mendelson-Ielmlni [mailto: lisa_mendelson-
ielmini@nps.gov]
Sent: Sunday, December 23, 2012 10:56 AM
To: Peter May <peter_may@nps.gov>
C.C: Steve Whitesell <steve_ whitesell @nps.gov>;
Steve_LeBel @nps.gov <Steve_LeBel@nps.gov>;
ttps;//rna i I .goog I e .com/ma illb/152/u/OI? u i " 2&i k=l534 768664&vi ewpt&ca t=Jack's Boathouoo&ssa rch = .. .
216
/ 30/14
Doug_Jacobs@nps.gov <Doug_Jacobs@nps.gov>;
Tammy_Stidham@nps.gov <Tammy_Stldham@nps. gov>
Subject : Re: New petition to you: National Park Service: Save
Jack's Boathouse from Closure!
1) spellcheck wrote 'conspired' Instead of 'considered'
2) how about something like this for the 2nd sentence to
more context "the recreational services offered and public
access to the Potomac are important to the NPS and thus
wi ll be offered as a concession contract. The nps will shortly
announce a concession ....
3) Steve LeB are you still standing by a 2-1-13 date as
referenced below? And then by extension the 'no interruption
of service'?
Thank you, Ilsa
Lisa A Mendelson-lelmini, AICP
202-297-1338 cell
202-619-7023 office
On Dec 23, 2012, at 1:45 PM, Peter May
<peter _may@nps. goV> wrote:
How's this for a reply message and a statement for
the website.
The National Park Service issued notice to Paul
Simkin, the operator of Jack's Boathouse, that the
lease under which the business has operated for
several years is no longer conspired valid. In order
to continue the valuable service that the business
has provided to the public, the site will be operated
as a concession. The National Park Service will
announce the concession opportunity to the public
within the next few days, and Mr. Simkin is free to
compete for the opportunity to operate the
concession. We anticipate that the conversion to a
concession will be complete by February 1, 2013,
and that there wi ll be no Interruption of service at
the site.
Peter May
I Pl::mninn ::\nrl
llps://rnal I .googl e .com/ma i ! /bf152/u/Ol?u I " 2& i k-1534 768664 & vi 9W"'pt&ca t::Jacl<s Boalhousc&sea rch"' ..
3/6
Y:i0/11!1wd: New petition to you: National Park Servi ce: Save Jack's Bo ...
.................. , . ..... . ""''tjl _,, .... -"""'"''::1''
1100 Ohio Drive SW
(202) 619 7025
pmay@nps.gov
On Dec 23, 2012, at 11 :55 AM, Steve Whitesell
I'm seeing.itt t oo.
Yes. Go ahead but run wording by
us first.
From: Peter May
[mailto: pctcr_may@nps.gov]
Sent: Sunday, December 23, 2012
05:14 AM
To: Stcvc_Whitesell@nps.gov
<Steve_Whitesell@nps.gov>;
Steve_LeBel@nps.gov
<S teve_LeBel@nps.gov>;
lisa_Mendelson-Ielmini@nps.gov
<Li sa_Mendelson-Ielmlni@nps.gov>
<Doug_Jacobs@nps.gov>;
Subject: Fw: New petition to you:
National Park Service: Save Jack's
Please see bel ow. I have received
a handful of messages from this
site so far and I assume I will
recei ve many more. Did we do a
press release to accompany this to
let folks know that there wi ll be a
concession offeri ng and that
Simkin can compet e?
The Georgetowner article simply
state that NPS has not responded
to their inquiries?
Can I post a reply that tells the full
story. The sooner t he better, for
obvious reasons.
Peter
from: Jesse B Rauch
[mailto: mail@change.org]
Sent: Saturday, December 22, 2012
11:09 PM
To: Peter_May@nps.gov
,-o-+.,.,,.,. ri"'''
ttps://mall .google .comlrnail/b/152/u/Ol?ul =2&1k:f534 768664&view=pt&cat=Jack's Boalhouse&search= ... 416
raot-11'lwd: Now petition to you: National Park Servi co: Save Jack's Bo ...
'-r 'W1..1;1 _ 1 1uyV::;,.u1 q . J ~ . y v v . . . . .
Subject: New petition to you:
Director),
Jesse B Rauch started a petition
"National Park Service: Sa\ie Jack's
Boathouse from Closure!" targeting
you on Change.erg that's starting to
pick up steam.
Change.erg is the world's largest
petition platform that gil.s anyone,
anywhere the tools they need to
start, join and win campaigns for
change. Change.erg newr starts
petitions on our own - petitions on
the website, like "National Park
Closure!", are started by users.
While "National Park Service: Save
Jack's Boathouse from Closure!'' is
active, you'll receive an email each
time a signer leaves a comment
explaining why he or she is signing.
You'll also receive periodic updates
Here's what you can do right now to
resol\e the petition:
Review the petition. Here's a
link:
petitions/r1ational-park-
boathouse-from-
closure
See the 5 signers and their
reasons for signing on the
petition page.
Respond to the petition
creator by sending a
message here:
potitions/national-park-
service-sal.-jack-s-
boathous e-from-
closure?response=
3144071eddd4
Sincerely,
Chango.erg
5/6
YliD/-1Plwd: New petition to you: National Par!< Service: Save Jack'.s Bo ...
There are now 5 signatures on this
petition. Read reasons why people
are signing, and respond to Jesse B
http://www.change.org/
petitions/national-park-service-save-
jack-s-boathouse-from-closure?
216 West 104th Street I Suite #130 I
New York, NY 110025
ttps://m ai I .goog I e .comfma i lfb/ 152/u/Of? ul =2&1 kmf534768664&vi ew"pt&cal Jack's Boa thouse&search= ... 6/6
130/1d
Re: Wash Post story, deadline today
David Barna <david_barna@nps.gov> Sun, Dec 23, 2012 at 4:26 PM
To: Allison Klein <kleinallison@washpost.com>, Carol Johnson <carol_bjohnson@nps.gov>, Bob Vogel
<Bob_ Vogel@nps.gov>, Steve Whitesell <Steve_Whitesell@nps.gov>, Lisa Mendelson-ielmini <Lisa_Mendelson-
lelmini@nps.gov>,Jo Pendry <Jo_Pendry@nps.gov>, Lena McDowall <lena_mcdowall@nps.gov>
Cc: "Kathy_Kupper@nps.gol/' <Kathy_Kupper@nps.gov>
Can someone hel p answer this one?
David
David Barna
Chief Spokesman
Washington DC
On Dec 23, 2012, at 3:56 PM, Allison Klein <kleinall ison@washpost.com> wrote:
Hi Kathy and David,
I am writing a story that will be in the paper tomorrow about NP S's termination of contract for Jack's
Boat House in Georgetown. I would like to include in my story why the contract is being
terminated, as the letter NPS sent to the owner did not explain why. I am sorry for the short notice,
the story was just assigned to me.
Please email me or call me on my cell phone at your earliest convenience, 202-222-5815.
Thank you.
Allison Klein
Reporter
The Washington Post
ltps ://mail.google.coml m 768664&v iew=pt&cat=Jack's Boathouse&soarch= ...
1/1
(b) (6)
(b) (6)
(b) (6)
(b) (6)
(b) (6)
(b) (6)
18'llil 4 Re: New petition to you: National Park Service: Save Jack's Boat. ..
Closure!
Steve Whitesell <ste\.e_whitesell@nps.gov> Sun, Dec 23, 2012 at 4:18 PM
To: peter_may@nps.gov
Cc: steve_lebel@nps.gov, Lisa_Mendelson-ielmini@nps.gov, dougjacobs@nps.gov, Tammy_Stidham@nps.gov
Looks good.
From: Peter May [mailto: peter _may@nps.gov]
To: Steve Whitesell <steve_whitesell @nps.gov>
CC: Steve LeBel <steve_lebcl@nps.gov>; Lisa_Mcndelson-Ielmini@nps.gov <Lisa_Mendclson-Ielmini @nps.gov>;
dougjacobs@nps.gov <clougjacobs@nps.gov>; Tammy_Stidham@nps.gov <Tammy_Stidharn@nps.gov>
OK, I have edited the repl y to refl ect the comments. I retained the mention of Simkin's ability to compete and
added words to communicate the fair and open process, as well as addressing Lisa's comments.
The National Park Service issued notice to Paul Si mkin, the operator of Jack's Boathouse, that the lease under
which the business has operated for se-.eral years is no longer considered valid. The recreational services offered
and public access to the Potomac River are important to the NPS and thus will be offered as a concession
contract. This concession will be announced within a few days and will be competed in a fair and open
process. Mr. Si mkin is free to compete for the opportunity to operate the concession. A Request for
Qualifications will be announced within a few days. The conversion to a concession wi ll be complete by February
1, 2013, and we anticipate no interruption of service at the site.
Peter May
1100 Ohio Drive SW
(202) 619 7025
pmay@nps.gov
On Dec 23, 2012, at 3:04 PM, St e-.e Whitesell <ste-.e_whitesell @nps.goV> wrote:
Thanks for all the good work. Let's make sure we characteri ze the new contract opportunity as fair
and open to all.
Thanks
ttps ://m11il . google. com/malllb/152/u/Ol?ui=2&1k =f 634 766664&v lew=pt&cat =J(lck's Eloathouse&soarch . .. 1/5
/ootil 4 Ro: New pelltlon to you: National Park Service: Save Jack's Boat. ..
Sent from my iPad
On Dec 23. 2012, at 2:49 PM, Peter May <peter_may@nps.gov> wrote:
Did you leave it out for legal reasons?
it is good to let folks know he sti ll can compete.
Peter May
Lands. Planning, and Design
1100 Ohio Drive SW
(202) 619 7025
pmay@nps.gov
On Dec 23; 2012, at 2:46 PM, Steve LeBel <steve_lebel@nps.goV> wrote:
That' s our plan.
We' re about to publi sh a RFQ (Request for Qual ifi cations) for a
In response to the petition, need we mention Si mkin has the
opportuni ty to respond to the RFQ? We intentionally left it out of
the vacate noti ce.
From: Usa Mendelson- Ielmlni [mailto: lisa_mendelson-iclmini@nps.gov]
To: Peter May <peter _rnay@nps.gov>
C.C: Steve Whitesell <steve_whitesell @nps.gov>; Steve_LeBel@nps.gov
<Steve_LeBel @nps.gov>; Doug_Jacobs@nps.gov
<Doug_Jacobs@nps.gov>; Tamrny_Stidham@nps.gov
<Tamrny_Stidham@nps.gov>
Couple of quick things -- draft:
2) how about something li ke this for the 2nd sentence to give more
Potomac River are important to the NPS and thus will be offered as a
3) Ste1oe LeB are you still standing by a 2-1-13 date as referenced
below? And then by extension the 'no interruption of senAce'?
Ups://m all,google. com/mall/b/152/u/O/?ul=2&1kllf 534786664&v IGW" Pl&cal "Jack's Boalho11se&search= .. . 215
Thank you, lisa
202-297-1338 cel l
202619-7023 office
On Dec 23, 2012, at 1 :45 PM, Peter May <peter_may@nps.goV>
wrote:
website.
The National Park Ser\1ce issued notice to Paul Simki n,
which the busi ness has operated for s e ~ r l years is no
ser\1ce that the business has pro\.ided to the public, the
Ser\1ce wi ll announce the concession opportunity to the
publi c within the next few days, and Mr. Simkin is free to
complete by February 1, 2013, and that there wi ll be no
Peter May
1100 Ohio Drive SW
(202) 619 7025
pmay@nps.gov
I'm seeing. itt too.
f i rst.
From: Peter May
[ mailto: peter _may@nps.gov]
Sent: Sunday, December 23, 2012 05: 14
AM
<Steve_Whitesell @nps.gov>;
Steve_LeBel@nps.gov
<S teve_LeBel@nps.gov>; Lisa_Mendelson-
Iclrnini@nps.gov <Usa_Mendelson-
Ielrnini@nps.gov>
C.C: Doug_Jacobs@nps.gov
Tamrny_Stidham@nps.gov
<Tammy_Stidharn@nps.gov>
Subject: Fw: New peti tion to you: National
Closure!
Pl ease see below. I have received a
handful of messages from this site so far
and I assume I wi ll receive many more.
Did we do. a press re lease to accompany
thi s to l et folks know that there wi ll be a
concession offeri ng and that Simkin can
compete?
The Georgetowner articl e simpl y state
that N PS has not responded to their
inquiries?
Can I post a reply that tel ls the full story.
The sooner t he better, for obvi ous
reasons.
Peter
A'om: Jesse B Rauch
Sent: Saturday, December 22, 2012 11:09
PM
To: Peter_May@nps.gov
Closure!
Director),
Closure!" targeting you on Change.erg
that's starting to pick up steam.
Cl1ange.org is the world's largest petition
platform that gives anyone, anywhere the
tools they need to start, join and win
18Qfil4 RG: New petlllon to you: National Park Servlca: Save Jack's Bo(lt ...
campaigns for change. Change.erg never
the website, like "National Park Service:
Jack's Boathouse from Closure!'', are
started by users.
Whi le "National Park Service: Jack's
Boathouse from Closure!" is acti-.e, you'll
receive an email each t ime a signer
signing. You'll also periodic updates
Here's what you can do right now to resolve
the petition:
Re"1ew the petition. Here's a link:
petitions/national-park-

boathouse-fromclosure
Sincerely,
Change.erg
http://www.cl1ange.org/petilions/national-
park-ser"1ce-save-jack-s-boat house-frorn-
closure?responso=3144071eddd4
York, NY 110025
l t ps: //mall . google. com/ mail/ t>/ 152/u/O/?ui=2&1k =f 534 768664&v lew=pt&cat =Jack s Boat house&Gearc h= . 515
111Q/il 4 Re: New petition to you: National Park Serv ice: Save Jack's Boat. ..
Closure I
Peter May <peter_may@nps.gov> Sun, Dec 23, 2012 at 4:15 PM
Cc: Ste\ LeBel <steve_lebel@nps.goV>, "Lisa_Mendelson-lelmini@nps.gov' <Lisa_Mendelson-lel mini@nps .goV>,
"dougjacobs@nps.gov" <dougjacobs@nps .goV>, "Tammy _Stidham@nps.gov' <Tammy_ Stidham@nps .goV>
OK, I have edited the reply to reflect the comments. I retained the mention of Simkin's ability to compete and
added words to communicate the fair and open process, as well as addressing Lisa's comments.
The National Park Service issued notice to Paul Simkin, the operator of Jack's Boathouse, that the lease under
which the business has operated for several years Is no longer considered valid. The recreational ser.1ces offered
and public access to the Potomac River are important to the NPS and thus will be offered as a concession
contract. This concession will be announced within a few days and will be competed In a fair and open
process. Mr. Simkin is free to compete for the opportunity to operate the concession. A Request for
Qualifications will be announced within a few days. The conversion to a concession will be complete by February
1, 2013, and we anticipate no interruption of sel'\lice at the site.
Peter May
1100 Ohio Drive SW
(202) 619 7025
pmay@nps.gov
On Dec 23, 2012, at 3:04 PM, Steve Whitesell <steve_whitesell @nps.goV> wrote:
Thanks for all the good work. Let's make sure we characterize the new contract opportunity as fair
and open to all.
With t hose corrections it's OK to distribute
Thanks
Sent from my iPad
On Dec 23, 2012. at 2:49 PM, Peter May <peter_may@nps. goV> wrote:
ttps://mai l. googlc. com/mall/bi 152/u/ O/?ul 2&ik=f 534 768664&v lew=pt&cal =Jack's Boilthouse&searc11 . 1/5
/11Qfil4 Re: Now petition 10 you: Nalional ~ r k Serv ice: Savo Jack's 80111...
it is good to let folks know he sti ll can compete.
Peter May
1100 Ohio Drive SW
(202) 619 7025
pmay@nps.gov
On Dec 23, 2012, at 2:46 PM, Steve LeBel <steve_lebel@nps.gov> wrote:
That's our plan.
We' re about to publ ish a RFQ (Request for Qualifi cations) for a
In response to the petition, need we mention Simki n has the
opportunity to respond to t he RFQ? We intentional ly left it out of
the vacate notice.
From: Lisa Mendelson-Ielmini [mailto: lisa_mendelson-ielmini@nps.gov]
Cc: Steve Whitesell <steve_whitesell @nps.gov>; Steve_LeBel@nps. gov
<Stevc_LeBel@nps.gov>; Doug_,Jacobs@nps.gov
<Doug_Jacobs@nps.gov>; Tammy_Stidham@nps.gov
context "the recreational senfoes offered and public access to the
3) Steve LeB are you still standing by a 2-1-13 date as referenced
below? And then by extension the 'no interruption of service'?
Thank you, lisa
National Park Serv1ce
202-297-1338 cell
202-619-7023 office
llps ://mall .google. corn/m:illlb/ 1S2/u/O/?ui=2&ik=f534 768664&v iew=pl&c:it Jack's Boathouso&search= .. . 2/5
/30/14
On Dec 23, 2012, at 1:45 PM, Peter May <peter_may@nps.goV>
wrote:
website.
The National Park Service issued notice to Paul Simkin,
which the business has operated for years is no
service that the business has pro..,;ded to the public, the
Service wi ll announce the concession opportunity to the
complete by February 1, 2013, and that there will be no
Peter May
1100 Ohio SW
(202) 619 7025
pmay@nps.gov
On Dec 23, 2012, at 11:55 AM, Ste\\3 Whitesell
<steve_whitesell @nps. goV> wrote:
I'm seei ng. itt too.
first .
Ftom: Peter May
[mailto: peter _may@nps.gov]
Sent: Sunday, December 23, 201205:14
AM
<Steve_Whitesell@nps.gov>;
Steve_LeBel@nps. gov
<Steve_LeBel@nps.gov>; Usa_Mendelson-
Ielmini@nps.gov <Lisa_Mendelson-
lelmini @nps. gov>
ll ps ://mall.google.com/mail/b/ 162/u/O/?ui=;l&ik=f 534 768664&v lew=pt&cat=Jack's Boilthouse&search=.,, 3/5
Mau - Ro: New petition lo you: Natlon11I Park Servieo: Save J11ck's Boat.. .
Park Service: Save Jack' s Boathouse from
Closure!
Please see bel ow. I have received a
and I assL1me I wi ll receive many more.
Did we do a press rel ease to accompany
thi s to l et fol ks know that there will be a
concession offeri ng and that Simki n can
compete?
The Georgetowner article simpl y stat e
that NPS has not responded to t heir
i nquiri es?
Can I post a reply t hat t ells the full story.
reasons.
Peter
From: Jesse B Rauch
Sent: Saturday; December 22, 2012 11:09
PM
Closure!
Director),
Park Service: Jack's Boathouse from
that's starting to pick up stea.m.
Change.org is the world's largest petition
platform that anyone, anywhere the
campaigns for change. Change.org
the website. like "National Park Service:
Jack's Boathouse from Closure!". are
started by users.
While "National Park Service: Jack's
Boathouse from Closure!" is you'll
ltps://m ail.google. coml mail/b/ 152/u/O/?ul,,2&1k=f 534 768664&v Boathouse&search= ..
415
l lY'fll4 Re: N\Jwpetltlon to you: National Park Service: Save J!Jck's Boal. . .
signing. You'll also recei-.e periodic updates
the petition:
Re\liew the petition. Here's a link:
o http://www.changG.org/
peli l ions/national-park-
ser\lice-save-jack-s-
ser\lice-saVGjack-s-
Sincerely,
Change.org
There are now 5 signatures on this peti tion.
Read reasons why people are signi ng, and
htt p://www.change.org/peti tions/national-
park-ser\lice-save-jack-s-boathouse-from-
closure?response=3144071eddd4
York, NY 110025
Ups ://mail.googlo. com/mall/b/ 152/u/O/?ul112&1k " ' 534 766664&v lew;pt&cat"Jack's Boi;it tiouse&search .
5/5
(b) (6)
(b) (6)
f!IWllHMENT OF THE INTERIOR Mall . Wily I signed There are so 01MY
Why I signed -- There are so many
<mail@change.org>
Dear Steve Whitesell , Regional Director (National Park Ser.Ace),
Sun, Dec 23, 2012 at 4:07 PM
Change.org.
There are so many reasons to love Jack's. I love the social atmosphere they provide. It's an environment
where friends are welcome to meet and socialize - on the water and off. It's clear that they welcome and enjoy
hosting their patrons. Jack's boat rentals provide an amazing way to show off DC's landmarks; It's a attraction
for touri sts and a fa'vOrite for locals as well. Jacks's ser.Aces promote healthy and active lifestyles, safely and
affordably. But most of all , and most important to me, I love Jack's ser\1ces for the escape they provide.
Whether I'm kayaking with a friend or exploring the ri ver in solitude, being out on the water Is a refreshing and
relaxing change of pace; one that I need and sa'vOr greatly. And, as someone who makes the trip from
Maryland, I can honestl y say that Jack's boathouse is one of the very few reasons I t ravel into DC. Please,
pl ease, please let Jack's Boathouse stay .
..._
Gaithersburg, Maryland
There are now 78 signatures on this petition. Read reasons why people are signing, and mspond to Jesse B
http://www.change.org/petitions/ national-park-scr.Acc-sa-..e-jack-s-boathouse-from-closure?response=
29a2710/fe70
ttps ://rnall.google. corn/mall/bl 152/u/O/?ul.,2&1k f 534 768664&v lew=pt&cat =Jack' s Boathouse&search= ... 1/1
(b) (6)
(b) (6)
IOOCiR THE INTERIOR Mall - Why I signed -Please reconsider closing the
Why I signed -- Please reconsider closing the
mai l@change.org>
To: Ste\oe_Whi tesell @nps.gov
Dear Whitesell, Regional Director (National Park Service),
Sun, Dec 23, 2012 at 4:04 PM
Change.erg.
Please reconsider closing the great community resource. The fol ks at Jack's are so helpful and kind and we
need more places li ke this, where fol ks can exercise and enjoy the
Annandale, Virginia

29a27107fe70
216 West 104th Streat I Suite #130 I New York, NY 110025
ltpid /rn tlll .google.com/maillb/ 162/u/O/?ui=2&ik=f 534 768664&v iew=pt&cat Jack's Boathouse&se11rch= .. . 1/ 1
(b) (6)
(b) (6)
(b) (6)
(b) (6)
lm!lll'MENT OF Tl-IE INTERI OR Mail Why I signer;! - Jack's Boathouse is a
Why I signed Jack's Boathouse is a
<mail@change.org>
To: Ste1.19_Whi tesell@nps.gov
Sun, Dec 23, 2012 at 4:04 PM
I just signed Jesse B Rauch's petition "National Park Ser.ice: Save Jack's Boathouse from Closure!" on
Change.org.
Jack's Boathouse is a DC keepsake. It would be a shame to lose it .
....
Arlington, Virginia
http://www.change.org/ pet itions/national-park-ser.i ce-sal.19-j ack-s-boathouse-from-closure?response=
29a27107fe 70
Ups: II m 1.111. google. com I mail/bi 152/ u/0/?ui=2&ik =I 534 768664&v lows pt &cal J l!Ck's Boal house&s oaro h= ... 1/1
(b) (6)
(b) (6)
I O O ~ E N T OF THE INTERIOR Mail Why I signed -- Ive been going there
Why I signed -- Ive been going there
<mail@change.org>
Sun, Dec 23, 2012 at 4:01 PM
Change.erg.
Ive been going there my entire 28 years in Washington
Sincerely,
Si l...er Spring, Maryland
There are now 74 signatures on this petition. Read reasons why people are signing, and respond to Jesse 8
http://www.change.org/petitions/national-park-servicc-save-jack-s-boathouse-from-closure?response;:;
29a27107fe 70
ttps ://mall.google.com/mell/b/1!)2/u/O/?ul=2&ik=f534 768664&v lew11pt&cet=Jack's Boathouso&scarch,,, 1/ 1
(b) (6)
(b) (6)
(b) (6)
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t30/1i'JEPARTMENT OF THE INTERIOR Mail Why I signed -- To be able to
Why I signed -- To be able to
<mail@change.org>
To: Ste'A!l_Whitesell@nps.gov
Dear Ste'A!I Whitesell. Regional Director (National Park Service).
Sun, Dec 23, 2012 at 3:52 PM
I just signed Jesse B Rauch's petition "Nat ional Park Servi ce: Save Jack's Boathouse from Closure!" on
Change.erg.
To be able to kayak on the Potomac, past our Nation's landmarks, is one of the best ways to experience D.C.
Jack's Boathouse makes that possible .
..._
Bethesda, Maryland
29a27107fc70
ttps ://mall,google.com/mail/b/ 152/u/O/?ul,.2&1kwf 534 768664&v Bol!thouse&search= .. . 1/ 1
(b) (6)
(b) (6)
16U/i14 Re: New petition to you: National Park Sorvlce: Save Jack's Bolll ...
Closure!
Tammy Stidham <tammy_stidham@nps.goV> Sun, Dec 23, 2012 at 3:44 PM
Cc: Peter May <peter_may@nps.goV>, Ste\.e LeBel <ste\.e_lebel@nps.goV>, "Llsa_Mendelson-lelmini@nps.gov'
<Llsa_Mendelson-lelmini@nps. goV>, "dougj acobs@nps.gov' <dougj acobs@nps.goV>
The person who started the petition has also started a Facebook page.
https://www.facebook.com/SaveJacks Boatl1ouse
Tammy Stidham
1100 Ohio Dri\ie SW
Washington.DC 20242
202-619-7474 office
202-438-0028 cell
On Dec 23, 2012, at 3:04 PM, Steve Whitesell <steve_whitesell @nps.goV> wrote:
Thanks for all the good work. Let's make sure we characterize the new contract opportunity as fair
and open to all.
With those corrections It's OK to distribute
Thanks
Sent from my iPad
On Dec 23, 2012, at 2:49 PM, Pet er May <peter_may@nps.goV> wrote:
Did you lea\ie it out for legal reasons?
it is good to let folks know he still can compete.
Peter May
1100 Ohio Dri\.e SW
(202) 619 7025
pmay@nps.gov
llps://moll. google.com/mail/b/162/u/O/?ui=2&ik=f 5347686G4&v iew=pl&Clll " Jock's Boathouso&sebrch= ... 1/5
16(llil 4 Re: New petition l o you: Nal ional Park Sorvlcc: Save Jack's Boat. ..
On Dec 23, 201 2, at 2:46 PM, Steve leBel <steve_lebel@nps.gov> wrote:
That 's our plan.
We're about t o publ ish a RFQ (Request for Quali f icati ons) for a
In response t o the petiti on, need we menti on Simkin has t he
opportunity t o respond t o lhe RFQ? We intenti onally left it out of
the vacate noti ce.
From: Lisa Mendelson-Ielmini [mailto: lisa_mendclson-ielmini@nps.gov]
To: Peter May <peter _may@nps.gov>
CC: Steve Whitesell <steve_whitesell @nps.gov>; Steve_LeBel@nps.gov
<Steve_LeBel@nps.gov>; Doug_Jacobs@nps.gov
<Doug_Jacobs@nps.gov>; Tarnmy_Stidham@nps.gov
Couple of quick things - draft :
1) spellcheck wrote 'conspired' instead of 'consi dered'
concession contract. The nps will shortly announce a concession .. ..
3) Ste-..e LeB are you still standing by a 2-1-13 date as referenced
below? And then by extension the 'no interruption of ser"1ce'?
Thank you, lisa
202-297-1338 cell
202-619-7023 offi ce
On Dec 23, 2012, at 1:45 PM, Peter May <peter_may@nps.gov>
wrote:
website.
tips ://mall. google.com/ mail/b/ 152/u/O/?ui o:2&ik=f 534 768664&v lew;pt&cal =Jack s Boathouse&search= ... 2/5
The National Park Ser.foe issued notice to Paul Simkin,
which the business has operated for several years is no
service that the business has provided to the public, the
Sel".Ace wil l announce the concession opportunity to the
We anticipate that the conversion to a concession wi ll be
complete by February 1, 2013, and that there will be no
Peter May
1100 Ohio Drive SW
(202) 619 7025
pmay@nps.gov
I'm seeing. itt too.
first.
Ftom: Peter May
[ mailto: peter _may@nps.gov]
Sent: Sunday, December 23, 2012OS:14
AM
<Steve_ Whitesell@nps.gov>;
Steve_LeBel@nps.gov
<S teve_LeBel@nps.gov>; Lisa_Mendelson-
Ielm ini@nps.gov <Lisa_Mendelson-
lelmini@nps.gov>
Tammy_Stidharn@nps.gov
Closure!
Please see bel ow. I have received a
and I assume I will receive many more.
Did we do a press release t o accompany
/!\Qlil 4 Re: New petition to you; Netionsl Park Servico: Save Jack's Bost...
thi s to l et folks know that there wil l be a
concessi on offering and that Simkin can
compete?
The Georgetowner articl e simply state
that NPS has not responded to their
i nquiries?
Can I post a reply that tells the full story.
reasons.
Peter
Ft-om: Jesse B Rauch
Sent: Saturday, December 22, 2012 11: 09
PM
Closure!
Director),
Park Ser.Ace: Save Jack's Boathouse from
that's starti ng to pick up steam.
Change.erg is the world's largest petition
platform that gives anyone. anywhere the
campaigns for change. Change.erg never
the website, like "National Park Ser.Ace:
Sal.<l Jack's Boathouse from Closure!", are
started by users.
Whi le "National Park Service: Save Jack's
Boathouse from Closure!" is active, you'll
signing. You'll also recei\.e periodic updates
the petition:
Re\.1ew the petition. Here's a link:
service-s ave-jack-s-
boathouse-from-clos ure
4/5
/8Qiil 4 Re: New petition to you: N3tlonal Park Service: Savo Jack's Boat ...
petitions/nationalpark-
response=3144071 eddd4
Sincerely,
Change.org
respond to Jesse B Rauch by cli cking here:
http://www.change.org/petitions/national-
park-service-s a"'3-jack-s-boat house-from-
clos ure?res ponse= 3144071 eddd4
York, NY I 10025
ttps:/lmall.google .corn/mall/b/152/u/O/?ul 2&1k=f 534 768664&v iovr-pt&cat ::Jack's Boalhouso&search= ... 5/5
(b) (6)
(b) (6)
Why I signed -- great people. so much
mail@change.org>
Sun, Dec 23, 2012 at 3:25 PM
Change.org.
great people. so much fun. perfect day getaway. part of the character of DC
http://www.chango.org/potitions/national-park-service-save-jack-s-boathouse-from-closure?responso=
29a27107fe70
(b) (6)
(b) (6)
just signed "National Park Service: Savo Jack' s Boathouso rrom ...

Sun, Dec 23, 201 2 at 3;02 PM
I just signed Jesse B Rauch's petition National Park Scr\Ace: Save Jack' s Boathouse from Closuro!" on
Change.erg.
offering canoe and kayak rental, Jack's Boathouse has become a fa\.Orite destination for Washington, DC's
residents . Despite being promised a three-year lease, the National Park Service has notified Jack's
Natlonal Park Service. No reasons were provided. We, fans and de\.Otees of Jack's Boathouse hereby declare
our opposition to the closure of Jack's Boathouse. We demand to know why this order was given and, if It

Virginia
htt p://www.change.org/petili ons/national-park-service-save-jack-s-boathouse-from-closure?response=
29a27107fe70
tt ps: //mall. google. com/ mall/bl 162/u/0/?ui=2&iK =r 634 768664& v iew=pt&cat "Jack's Boat house&s care h=: .. .
(b)
(6)
(b) (6)
(b) (6)
just sl(ined "Nallonal Park Serv ice: Save Jock's Bo::ithouse f rom ...
--<mai l@change.org>

Sun, Dec 23, 2012 at 3:00 PM
I just signed Jesse B Rauch's petition "National Park Service: Save Jack's Boathouse from Closuro!" on
Change.erg.
notified that their lease was being rescinded. Operating since 1945 on the banks of the Potomac Ri ver,
offering canoe and kayak rental , Jack's Boathouse has become a fa\-Qrite destination for Washington, DC's
Boathouse that they must vacate thei r property by January 31, 2013. Apparently, this emerged after the
District of Col umbia transferred juri sdiction over certain property along the Georgetown Waterfront to the
National Park Service. No reasons were provided. We, fans and de\-Qtees of Jack's Boathouse hereby declare
Sincerely,
olumbia, Maryland

29a27107fe 70
tips:/ / mail.google.com/maill b/ 152/u/O/?ui=2&ik =f 534 768664&v iew=pt&cat=J ack 's Boalhouse&search= ... 111
11Mltil 4 Ro: Now petition to you: National Park Service: Savo Jack's Boiit...
Closure!
Peter May <peter_may@nps.goV> Sun, Dec 23, 2012 at 2:49 PM
To: Ste\ LeBel <ste\A9_1ebel@nps.goV>
Cc: "Lisa_Mendelson-lelmini@nps.gov'' <Lisa_Mendelson-lelmini@nps .goV>, "Ste\A9_ Whitesell@nps.gov''
<Ste\A9_Whitesell@nps.goV>, "dougj acobs@nps.gov'' <dougjacobs@nps.goV>, "Tammy _Stidham@nps.gov''
<Tammy _Stidham@nps.goV>
Part of the response must be due to fol ks who are sympathetic to Simkin, so I think it is good to let folks know
he still can compete.
Peter May
1100 Ohio Ori\ SW
(202) 619 7025
pmay@nps.gov
On Dec 23, 2012, at 2:46 PM, Steve LeBel <ste\e_lebel@nps.gov> wrote:
That's our plan.
We're about to publi sh a RFQ (Request for Quali fications) for a temporary concession
contract.
In response to the petition, need we mention Simkin has the opportunity to respond to the
RFQ? We intentionally left it out of the vacate noti ce.
A'om: Lisa Mendelson-Ielmini [mailto:lisa_mendelson-ielmini@nps.gov]
Cc: Steve Whitesell <steve_whitesell @nps.gov>; Steve_LeBel@nps.gov <Steve_LeBel@nps.gov>;
Doug_Jacobs@nps.gov <Doug_Jacobs@nps.gov>; Tammy_Stidham@nps.gov
2) how about something li ke this for the 2nd sentence to gi\ more context "the recreational
llps;//mail.google. com/malllbl152/u/O/?ui=2&lk f 534 766664&v iew=pl&c t 11ck's BoalhOuso&search= .. . 114
l l\Qti14 Re: New petition to you: National Park Service: S:.ive Jack's Boat.. .
services offered and public access to the Potomac Ri-..er are important to the NPS and thus will be
offered as a concession contract. The nps will shortly announce a concession ....
3) Ste-..e LeB are you still standing by a 2-1-13 date as referenced below? And then by extension
the 'no interruption of servi ce'?
Thank you, lisa
202-297-1338 cell
202-619-7023 offi ce
On Dec 23, 2012, at 1:45 PM, Peter May <peter_may@nps.goV> wrote:
How's this for a repl y message and a statement for the website.
The National Park Ser'\1ce issued noti ce to Paul Simkin, the operator of Jack's
Boathouse, that the lease under which the business has operated for several years is
no longer conspired valid. In order to continue the valuable service that the business
has provided to the public, the site will be operated as a concession. The National
Park Service wi ll announce the concession opportunity to the publi c within the next
few days, and Mr. Simkin is free to compete for the opportunity to operate the
concession. We anticipate that the conversion t o a concession will be complete by
February 1, 201 3, and that there wi ll be no interruption of service at the site.
Peter May
1100 Ohio Dri'l.e SW
(202) 619 7025
pmay@nps.gov
On Dec 23, 2012, at 11 :55 AM, Ste\ Whitesell <steve_whitesell@nps.goV> wrote:
I'm seeing. i tt too.
Yes. Go ahead but run wording by us first.
From: Peter May [mailto: peter_may@nps.gov]
To: Steve_Whitesell @nps.gov <Steve_Whitesell @nps.gov>;
St eve_LeBel@nps.gov <Steve_LeBel@nps.gov>; Li sa_Mendelson-
Ielmini@nps.gov <Lisa_Mendelson-Ielmini@nps.gov>
ttps :/lmall. google.com/mail/ b/ 152/u/O/?ul,.2&1klif 534 76B664&v iaw=pt&cot " Jack's Boat housa&so;iarch= .
' 00/114 Re: New petition to you: National Park Sorv lce: Save Jack's Boat. ..
C.C: Doug_Jacobs@nps.gov <Doug_Jacobs@nps.gov>;
Tammy_Stidham@nps.gov <Tammy_Stidham@nps.gov>
Subject: Fw: New petition to you: National Park Service: save Jack's
Please see below. I have received a handful of messages from thi s
si te so far and I assume I will rece ive many more. Did we do a press
rel ease to accompany this to l et folks know that there will be a
concession offering and that Simki n can compete?
The Georgctowner article simply st ate that NPS has not responded
to thei r inqui ri es?
Can I post a reply that tell s the ful l story. The sooner the better, for
obvious reasons.
Peter
From: Jesse B Rauch [mailto: mail@change.org]
Sent: Saturday, December 22, 2012 11:09 PM
To: Peter_May@nps.gov <Peter_May@nps.gov>
Subject: New petition to you: National Park Service: Save Jack's
Dear Peter May (Associate Regional Director),
Jesse B Rauch started a petition "National Park Service: Save Jack's
Boathouse from Closure!" targeting you on Change.erg that's starting to
pick up steam.
Change.org is the world's largest petition platform that gives anyone,
anywhere the tools they need to start, join and win campaigns for
change. Change.erg never starts petitions on our own - petitions on the
website, like "National Park Sorvice: Save Jack's Boathousl3 from
While "National Park Service: Save Jack's Boathouse from Closure!" is
active, you'll receive an email each time a signer leaves a comment
explaining why he or she is signing. You'll also receive periodic updates
Here's what you can do right now to resolve the petition:
Re'.Aew the petition. Here's a link:
o l1ttp://www.change.org/petitions/national-park-ser'vice-
save-jack-s-boathouse-frorn-closure
See the 5 signers and their reasons for signing on the petition
page.
Respond to the petition creator by sending a message here:
o hltp://www.change.org/petitions/national-park-service-
save-jack-s-boathouse-from-closure?response=
3144071eddd4
Sincerely,
Change.org
ltps ://mall.google. com/mall/b/152/u/O/?ui=2&1k f 534 768664&v iew=pt&cat Jeck's Boathouse&search= ...
l llOlil 4 Re: New pctll lon to you: National Park Serv Ice: Save Jack's Boat ...
There are now 5 signatures on this petition. Read reasons why people
are signing, and respond to Jesse B Rauch by cllckl ng here:

boathouse-frorn-closure?rosponse=3144071 eddd4
216 West 104th Street I Suite #130 I New York, NY j 10025
4/4
(b) (6)
(b) (6)
lfilT<Mn41 just signed "National Park servico: Savo Jack' s Boathouse f rom ...
<mail@change.org>
To:
Sun, Dec 23, 2012 at 2:47 PM
Change.org.
On December 18, 2012. Jack's Boathouse, a landmark, family.owned small business was unceremoniously
offering canoe and kayak rental , Jack's Boathouse has become a fa'vQrite destination for Washington, DC's
National Park Service. No reasons were provided. We, fans and de'vQtees of Jack's Boathouse hereby declare
must go forward. what the National Park Service is doing to relocate Jack's Boathouse so it can continue
Sincerely,
Virginia

29a27107fe70
llps ://mail.google.com/mail/b/152/ u/ O/?ui=2&ik=f 53476B664&v iew=pt&cal =JaeK's Boatt1ouse&search= .. 111
l fiOlil4 Ra: New potlllon 10 you: National Park Sorvico: Save Jack's Boat. ..
Closure I
Steve LeBel <stelA:l_lebel@nps.goV> Sun. Dec 23, 2012 at 2:45 PM
To: Peter_May@nps.gov, StelA:l_Whitesell @nps.gov. dougjacobs@nps.gov,
Tammy _Stidham@nps.gov
That's our plan.
We're about to publish a RFQ (Request for Quali fications) for a temporary concession contract.
In response to the petition, need we mention Si mkin has the opportunity to respond to the RFQ? We
intentional ly l eft it out of the vacate notice.
Cc: Steve Whitesell <steve_whitesell@nps.gov>; Steve_LeBel@nps.gov <Steve_LeBel@nps.gov>;
Doug_Jacobs@nps.gov <Doug_Jacobs@nps.gov>; Tammy_Stidham@nps.gov <Tammy_Stidham@nps.gov>
2) how about something like this for the 2nd sentence to give more context "the recreational services offered and
public access to the Potomac River are important to the NPS and thus will be offered as a concession contract.
The nps will shortly announce a concession ... .
3) Steve LeB are you sti ll standing by a 2-1-13 date as referenced below? And then by extension the 'no
interruption of se!'\lice'?
Thank you, lisa
202-297-1338 cel l
202-619-7023 office
On Dec 23, 2012. at 1 :45 PM, Peter May <peter_may@nps.goV> wrote:
How's this for a reply message and a statement for the website.
ttps ;//mail.google.com/mall/bl 152/u/O/?ul=2&i k=f 534 768664&v lew pt&cat=Jack's .. .
Mall Re: New petition to you: National Park Service: Save Jack's Boat. ..
The National Park Service issued notice to Paul Simkin, the operator of Jack's Boathouse, that the
lease under which the business has operated for s e ~ r l years is no longer conspired valid. In order
to continue the valuable ser\1ce that the business has pro"1ded to the public, the site will be
operated as a concession. Tue National Park Service wi ll announce the concession opportunity to
the public within the next few days, and Mr. Simkin is free to compete for the opportunity to operate
the concession. We anticipate that the conversion to a concession wi ll be complete by February 1,
2013, and that there will be no interruption of ser.;ce at the site.
Peter May
1100 Ohio Drive SW
(202) 619 7025
pmay@nps.gov
On Dec 23, 2012, at 11 :55 AM, Ste'-13 Whitesell <steve_whitesell@nps.goV> wrote:
I'm seeing.itt too.
Vas. Go ahead but run wording by us first.
From: Peter May [mailto:peter_may@nps.gov]
Sent: Sunday, December 23, 2012OS:14 AM
To: Steve_Wl1itesell@nps.gov <Steve_Whitesell@nps.gov>; Steve_LeBel@nps.gov
<Steve_LeBel@nps.gov>; Usa_Mendelson-Ielmini@nps.gov <Lisa_Mendelson-
l elmini @nps.gov>
CC: Doug_Jacobs@nps.gov <Doug_Jacobs@nps.gov>; Tammy_Stidham@nps.gov
Subject: Fw: New petition to you: National Park Service: Save Jack's Boathouse from
Closure!
Please see below. I have received a handful of messages from this site so far
and I assume I wil l receive many more. Did we do a press release to accompany
thi s to let folks know that there wi ll be a concession offering and that Simkin
can compete?
The Georgetowner articl e simply state that NPS has not responded to their
I nqui ri cs?
Can I post a reply that t ells the full story. The sooner the better, for obvious
reasons.
Peter
Subject: New petition to you: National Park Service: Save Jack's Boathouse from
Closure!
ltps://mall.google.com/mall/b/152/u/O/?lll 2&lk;;f534768664&view=pt&cat" Jack's 6oathouse&search= .. . 2/ 3
/110iil4 Re: New petition to you: National Park Sorvlco: Save Jack's Boat...
Dear Pet er May (Associate Regional Director),
Jesse B Rauch started a petition "National Park Service: Save Jack's Boathouse from
targeting you on Change.org that's starting to pick up st eam.
Change.org is the world's largest petition platform that gives anyone, anywhere the
tool s they need to start , join and win campaigns for change. Change.org never starts
petitions on our own - petitions on the website, like "National Park Service: Save
Jack's Boathouse from Closure!", are started by users.
While "National Park Service: Sa\ Jack's Boathouse from Closure!" is active, you'll
receil.. an email each time a signer lea\A3s a comment explaining why he or she is
signing. You'll also receive periodic updates about the petition's status.
Re"1ew the petition. Here's a link:
o http://www.change.org/petitions/national -park-service-save-jack-s-
boathouse-from-c los ure
See the 5 signers and their reasons for signing on the petition page.
o http://www.change.org/petitions/national-park-servi ce-save-jack-s-
boalhouse-from-c losure?res ponse=3144071 eddd4
Sincerely,
Change.org
There are now 5 signatures on this petition. Read reasons why people are signing,
and respond to Jesse B Rauch by clicking here:
http://www.change.org/petitions/national-park-service-save-jack-s-boathouse-from-
lips :t /mall.google,com/mail/b/ 152/u/0/?lll 2&1k =f 534 768664&v ICW" pl &cat =Jack's Boathousc&search= ... 3/3
(b) (6)
(b) (6)
!Jflll!WMENT OF THE INTERIOR Mail . Why I signed - J ack's Is a beautif ul
Why I signed Jack's is a beautiful
mail @change.org>
1 esell@nps.gov
Sun, Dec 23, 2012 at 2: 39 PM
Change.org.
Jack's is a beautiful location and the only non-membership boathouse in t hat area available to people in the
DC metropolitan area to enjoy boating on the Potomac.
Arlington, Virginia

29a27107fe 70
ltps:/lmail .google. com/ mail/bl 152/u/O/?ul=2&1k f S34766664&v lew-:pt&cat =Jack's Boathouse&search= ... 111
(b) (6)
(b) (6)
imin41 just signed "National Park Sorvlco: Savo Jack'513oathouse from ...
<mai l@change.org>
Dear Steve Whitesell, Regional Di rector (National Park Service),
Sun, Dec 23, 2012 at 2:37 PM
Change.org.
offering canoe and kayak rental , Jack's Boathouse has become a favorite destination for Washington, DC's
residents . Despite being promised a three-year lease, the National Park Service has notified Jack's
Boathouse that they must Vclcate their property by January 31, 2013. Apparently, this emerged after the
District of Col umbia transferred j urisdiction o....er certain property along the Georgetown Waterfront to the
National Park Service. No reasons were pro\oided. We, fans and devotees of Jack's Boathouse hereby declare
pro\oiding recreational activities along the Potomac River.
Si ncerely,
Arlington, Virginia

29a27107fe70
lips ://mail.googlo. com/m::ill/b/ 152/u/O/?ul=2a.li\=f 534 768664&v lew=pt&cat=Jack's Boathouse&search= .. 1/1
(b) (6)
(b) (6)
11&1n41 just signed "National Park Sorvlco: Save Jack's Boathouse from ...
<mail@change.org>
Sun, Dec 23, 2012 at 2:27 PM
I just signed Jesse B Rauch's petition "National Park Serv1ce: Save Jack's Boathouse from Closure!" on
Change.org.
On December 18, 2012, Jack's Boathouse, a landmark, famlly-owned small business was unceremoniously
notified that their lease was being resci nded. Operating since 1945 on the banks of the Potomac River,
offering canoe and kayak rental , Jack's Boathouse has become a fa\Qrite destination for Washington, DC's
Boathouse that they must vacate thei r property by January 31 , 2013. Apparently, this emerged after the
National Park Service. No reasons were provided. We, fans and de\Qtees of Jack's Boathouse hereby declare
our opposition to the closure of Jack's Boathouse. We demand to know why this order was gi1,oen and, if it
Maryland
hltp://www.change.org/petiti ons/national-park-service-save-jack-s-boathouse-from-closure?response=
29a27107fe 70
1/1
(b) (6)
(b) (6)
n41 just signed "National Park Serv ice: Sav e Jack's Boathouse from ...
<mail@change.org>
Sun, Dec 23, 2012 at 2:24 PM
I just signed Jesse B Rauch's petition "National Park Servi co: Save Jack's Boathouse from Closure!" on
Change.org.
offering canoe and kayak rental, Jack's Boathouse has become a fa'A'.Jrit e destination for Washington, DC's
District of Columbia transferred jurisdiction over certai n property along the Georgetown Waterfront to the
must go forward, what the National Park Servi ce is doing to relocate Jack's Boathouse so it can continue
Sincerely,
IAims, Florida
hltp://www.change. org/ petitions/national-park-servi ce-save-jack-s-boathouse-from-closure?response=
29a27107fe70
216 West 104th Street I Suite #130 I New York. NY 110025
t t ps: 11 mail. google. com/mail/ bl 152/u/Ol?ul 2&1k " f 534 768664&v lew=pt&cat =J ao k s Boathouse&searc h= .. . 111
(b) (6)
(b) (6)
lrm!M41 Jusl signed "National Park Service: Sav 9 Jack's Boalt1ouse from .. .
mai l@change.org>
To: Ste-.e_Whitesell@nps.gov
Dear Steve Whitesell, Regional Director (National Park Ser.foe),
Sun, Dec 23, 2012 at 2:23 PM
I just signed Jesse B Rauch's petition "National Park Service: Save Jack's Boathouse rrom Closure!" on
Change.org.
offering canoe and kayak rental , Jack's Boathouse has become a fa'v1Jrite destination for Washington, DC's
District of Columbia transferred jurisdiction o-.er certain property along the Georgetown Waterfront to the
National Park Ser\1ce. No reasons were provided. We, fans and de'v1Jtees of Jack's Boathouse hereby declare
our opposition to the closure of Jack's Boathouse. We demand to know why this order was gi\en and, If it
Sincerely,
King George, Virginia

29a27107fe 70
llps: II mall. googlo. com/mall/bl 152/ u/O/?ul=2&ik =f 534 768664& v lew pt&c al =Jack's Boat ho us o&s oarc h ... 111
(b) (6)
(b) (6)
130114

Sun, Dec 23, 2012 at 2: 11 PM
Change.org.
On December 18, 2012, Jack's Boathouse, a landmark. fami ly-owned small busi ness was unceremoniously
offering canoe and kayak rental, Jack's Boathouse has become a fa'vQrite destination for Washington, DC's
pro..nding recreational acti\.1ties along the Potomac Ri ver.
Sincerely,
Virginia
hllp://www.change.org/petilions/national-park-service-sa\A!l-jack-s-boathouse-from-closure?response:;;
29a27107fe70
ltps ://mail.google.com/ maillb/ 152/u/0/?ul"2&1k=r 534 768664&v low=pt&cat Jack's Boathouse&soaroh=,. , 111
l llOii14 Re: New polition to you: National Park Sorvlcc: ~ i v e Jack's Boat. ..
Closure!
Peter May <peter_may@nps.goV> Sun, Dec 23, 2012 at 2:03 PM
To: Lisa Mendelson-lelmini <lisa_rnendelson-ielmini@nps.goV>
Cc: Steve Whitesell <steve_whitesell @nps.goV>, "StelA3_LeBel@nps.gov' <Stew_LeBel@nps. goV>.
"Doug_Jacobs@nps.gov' <Doug_Jacobs@nps.goV>, "Tarnmy_Stidham@nps.gov' <Tammy_Stidham@nps.goV>
All good comments. Clearly I hava not mastered typing on the ipad. I wi ll await word from the St ews before I do
anything.
Peter
Peter May
1100 Ohio Driw SW
(202) 619 7025
pmay@nps.gov
On Dec 23. 2012, at 1 :56 PM. Lisa Mendelson-lelmini <llsa_mendelson-ielmini@nps.goV> wrote:
1) spellcheck wrot e 'conspired' instead of 'consi dered'
2) how about something like this for the 2nd sentence to give more context "the recreational
services offered and public access to the Potomac River are important to the NPS and thus will be
offered as a concession contract. The nps will shortly announce a concession ... .
3) Steve LeB are you still standing by a 2-1-13 date as referenced below? And then by extension
the 'no interruption of servi ce'?
Thank you, lisa
202-297-1338 cell
202-619-7023 office
On Dec 23, 201 2, at 1 :45 PM, Peter May <pel er_may@nps.goV> wrote:
llps://mail.googl a.com/mall/b/152/u/O/?ui=2&iK f 534 7686B4&v IOW" pl&c<it=Jack's Boathouse&search= ..
/1Mltil4 Ro: Now pelllfon to you: National Park Service: Savo Jack's Boat. ..
How's this for a reply message and a statement for the website.
The National Park Service issued notice to Paul Simkin, the operator of Jack's
Boathouse, that the lease under which the business has operated for se\ral years is
no longer conspired valid. In order to continue the valuable service that the business
has pro"1ded to the public, the site will be operated as a concession. The National
Park Service will announce the concession opportunity to the public within the next
few days, and Mr. Simkin is free to compete for the opportunity to operate the
concession. We anticipate that the conversion to a concession will be complete by
February 1, 2013, and that there will be no interruption of service at the site.
Peter May
1100 Ohio Ori\ SW
(202) 619 7025
pmay@nps.gov
On Dec 23, 2012, at 11 :55 AM, Steve Whitesell <st eve_whitesell@nps. goV> wrote:
I'm seeing.itt too.
Yes. Go ahead but run wording by us fi rst .
From: Peter May (mailto:peter_may@nps.gov]
Sent: Sunday, December 23, 2012 05: 14 AM
To: Steve_Whitesell@nps.gov <Steve_Whitesell@nps.gov>;
Steve_LeBel@nps.gov <Steve_LeBel@nps.gov>; Li sa_Mendelson-
Ielmini@nps.gov
Cc: Doug_Jacobs@nps.gov <Doug_Jacobs@nps. gov>;
Tammy_Stidham@nps.gov <Tammy_Stidham@nps. gov>
Subject: Fw: New petition to you: National Park Service: Save Jack's
Pl ease see below. I have received a handful of messages from thi s
si t e so far and I assume I wi ll receive many more. Did we do a press
release to accompany t hi s to let fol ks know t hatthere will be a
concession offering and that Simkin can compete?
The Georgetowner articl e simply st at e that NPS has not responded
to thei r inquiri es?
Can I post a re ply that tell s the f ul l st ory. The sooner the bet ter, for
obvious reasons.
Pet er
ltps:l /miill.google. com/mail/bl 152/u/0/?lll 2&1k =f 53d 768664&v lewspt&cat =Jack's Boathouse&search= ... 2/3
tMlfil4 Re: New petition to you: Natlonpl Park Service: Save J11ck's Boal. ..
Subject: New petition to you: National Park Service: Save Jack's
Dear Peter May (Associate Regional Director},
Jesse B Rauch started a petition "National Park Service: Save Jack's
Boathouse from Closure!" targeting you on Change.org that's starting to
pick up steam.
Change.org is the world's largest petition platform that gives anyone,
anywhere the tools they need to start , j oin and win campaigns for
change. Change.erg never starts petitions on our own - peti tions on the
website, li ke "National Park Service: Save Jack's Boathouse from
While "National Park Service: Save Jack's Boathouse from Closure!" is
active, you'll receive an email each time a signer leaves a comment
explaining why he or she is signing. You'll also receive periodic updates
about the pet ition's status.
o http://www.change.org/petitlons/ national-park-service-
s ave-j ac k-s-boathous e-from-c los ure
See the 5 signers and their reasons for signing on the petition
page.
Respond to the petition creator by sendi ng a message here:
o http: I lwww.change.org/ petitions/ national-park-service-
save-jack-s-boathouse-from-clos ure?res ponse=
3144071 eddd4
Sincerely,
Change.org
There are now 5 signatures on this petition. Read reasons why people
are signing, and respond to Jesse B Rauch by clicking here:
http://www.change.org/petitions/national-park-serv1ce-save-jack-s-
boathouse-trom-clos ure?res ponse;;;3144071 eddd4
lips ://mall.google.com/mail/b/152/u/O/?ul 2&ik =I 534 768664&v leW"pt&cat =Jack's Boathouse&search= 3/3
/6Qlil 4 Re: New petition to you: N!i!t ional Park Sarv ico: ~ i v e Jiick' s Boat. ..
Closure!
Lisa Mendelson-lelmini <l isa_mendelson-ielmini@nps.goV> Sun, Dec 23, 2012 at 1 :56 PM
To: Peter May <peter_may@nps.goV>
Cc: Steve Whitesell <steve_whitesell@nps.goV>, "Steve_LeBel@nps.gol/' <Steve_LeBel@nps.goV>,
"Doug_Jacobs@nps.gol/' <Doug_Jacobs@nps.goV>, "Tammy_Stidham@nps.gol/' <Tammy_Stidham@nps.goV>
2) how about something li ke this for the 2nd sentence to give more context "the recreational services offered and
public access to the Potomac River are important to the NPS and thus will be offered as a concession contract.
The nps wi ll shortly announce a concession ....
3) Steve LeB are you still st anding by a 2-1-13 date as referenced below? And then by extension the 'no
interruption of service'?
Thank you, lisa
202-297-1338 cell
202-619-7023 office
On Dec 23, 2012, at 1:45 PM, Peter May <peter_may@nps. goV> wrote:
How's this for a reply message and a statement for the websi te.
The National Park Service issued notice to Paul Simki n, the operator of Jack's Boathouse, that the
lease under which the busi ness has operated for several years is no longer conspired valid. In order
to continue the valuable service that the business has pro'"1ded to the public, the site wi ll be
operated as a concession. The National Park Service will announce the concession opportunity to
the public within the next few days, and Mr. Simkin Is free to compete for the opportunity to operate
the concession. We anticipate that the conversion to a concession will be complet e by February 1,
2013, and that there will be no interruption of servi ce at the site.
Peter May
tt ps: II mail. googlo. com/ mall/bl 152/u/O/?ui =2&ik =r 534 766664& v lew-pt&cat =Jack's Boat house&seiirch= .. . 1/3
/00til 4 Ro: Now petition to you: National Park Service: Savo Jack's Bo(lt ...
1100 Ohio Drive SW
(202) 619 7025
pmay@nps.gov
On Dec 23, 2012, at 11 :55 AM, Ste-.e Whitesell <steve_whitesell @nps.gov> wrote:
I'm seei ng.itt too.
Ftorrt Peter May [mailto: peter _may@nps.gov]
Sent: Sunday, December 23, 201205: 14 AM
To: Steve_Whitesell @nps.gov <Steve_Whitesell@nps.gov>; Steve_LeBel@nps.gov
<Steve_LeBel @nps.gov>; Lisa_Mendelson-Ielmini@nps.gov <Lisa_Mendelson-
Ielminl@nps.gov>
Cc: Doug_Jacobs@nps.gov <Doug_Jacobs@nps.gov>; Tammy_Stidham@nps.gov
Subject: Fw: New petition to you: National Park Service: Save Jack's Boathouse from
Closure!
Please see below. I have received a handful of messages from this si te so far
and I assume I wi ll receive many more. Did we do a press release to accompany
this to let folks know that there wi ll be a concession offeri ng and that Simki n
can compet e?
The Georgetowner arti cle si mply state that NPS has not responded to their
inquiri es?
Can I post a replythattellsthe full story. The soonerthe better, for obvious
reasons.
Peter
From: Jesse B Rauch [mallto: mai l@change.org]
To: Peter _May@nps.gov <Petcr _May@nps.gov>
Subject: New petition to you: National Park Service: Save Jack's Boathouse from
Closure!
Jesse B Rauch started a petition "National Park Service: Sa\43 Jack's Boathouse from
Closure!" targeting you on Change.erg that's starting to pick up steam.
Change.org is the world's largest petition platform that gives anyone, anywhere the
tools they need t o start, join and win campaigns for change. Change.org never starts
petitions on our own - petitions on the website, like "National Park Service: Save
Jack's Boathouse from Closure!", are started by users.
While "National Park Service: Save Jack's Boathouse from Closure!" is active, you'll
receive an emai l each ti me a signer leaves a comment explaining why he or she is
signing. You'll also recei\A3 periodic updates about the petition's status.
ttps ://mail.googlo. com/mall/b/152/u/O/?ui=2&1k=f 534 768664&v lewpt&cat =Jack's Boathouso&search . 2/3
Re: New petition to you: Natlom1I P11rk Service: Save Jack's Boat. ..
o http: //www.change.org/petitions/national-park-service-save-jack-s-
o http:/ /www.change.org/ pet I tions/national-park-service-sa'A3-j[1CkS
boathouse-from-closurc?response=3144071 eddd4
Sincerely,
Change.erg
There are now 5 signatures on this petition. Read reasons why people are signing,
and respond to Jesse B Rauch by clicking here:
ht tp://www.change.org/petitions/national-park-setvice-save-jack-s-boal11ouse-from-
closure?response=3144071 eddd4
ttps ://mall.google. com/mail/bl 152/u/O/?ul 2&1k f 534 768664&v Boat11ouse&search= ... 3/3
l lMllil -1 Re: New petition to you: N;:itlonal Park Service: Savo J;:ick's Boal. ..
Closure!
Peter May <peter_may@nps.gov> Sun, Dec 23, 2012 at 1 :45 PM
To: Steve Whitesell <st eve_whitesell@nps.gov>
Cc: "Steve_LeBel@nps.goV' <Steve_LeBel@nps.gov>, "Lisa_Mendelson-ielmini@nps.gov' <Lisa_Mendelson-
ielmini@nps.gov>, "Doug_Jacobs@nps.gov' <Doug_Jacobs@nps.gov>, "Tammy_Stidham@nps.goV'
How's thi s for a reply message and a statement for the website.
The National Park Service issued notice to Paul Simkin, the operator of Jack's Boathouse, that the lease under
which the business has operated for se-.eral years is no longer conspired V<llid. In order to continue the valuable
service that the business has provided to the public, the site will be operated as a concession. The National Park
Service will announce the concession opportunity to the public within the next few days, and Mr. Simkin is free to
compete for the opportunity to operate the concession. We anticipate that the conversion to a concession will be
complete by February 1, 2013, and that there will be no interruption of service at the site.
Peter May
1100 Ohio Drive SW
(202) 619 7025
pmay@nps.gov
On Dec 23, 201 2, at 11 :55 AM, Ste-.e Whitesell <steve_whitesell@nps.gov> wrote:
I'm seeing.itt too.
A'om: Peter May [mailto: peter_may@nps.gov]
Sent: Sunday, December 23, 2012 OS: 14 AM
To: Steve_Whitescll @nps.gov <Steve_Whitesell@nps.gov>; Steve_LeBel@nps.gov
<Steve_LeBel@nps.gov>; Usa_Mendelson-l elmini @nps.gov <Lisa_Mendelson-lelmini @nps.gov>
Cc: Doug_Jacobs@nps.gov <Doug_.Jacobs@nps.gov>; Tammy_Stidham@nps.gov
<Tammy_Stidharn@nps.gov>
Subject: Fw: New pet ition to you: National Park Service: Save Jack's Boathouse from Closure!
Pl ease see bel ow. I have received a handful of messages from thi s site so far and I assume I
will receive many more. Did we do a press rel ease to accompany this to l et fol ks know that
there wil l be a concessi on offering and t hat Simki n can compete?
lips ://mail.googlo. com/m!!il/b/ 152/u/Oi?ui=2&1k'"f 534 76B664&v iavr-pt&cot Jack's Boathouse&search= .. . 1/2
Mall - Re: New petition to you: National Park Service: Sava Jack's Boat. ..
The Georgetowner arti cl e si mply state that NPS has not responded to thei r inquiri es?
Can I post a reply that t ell s the fu l I story. The sooner t he better, for obvious reasons.
Peter
To: Peter _May@nps.gov <Pcter _May@nps.gov>
Subject: New petition to you: National Park Service: Save Jack's Boathouse from Closure!
Jesse B Rauch started a petition "National Park Service: Save Jack's Boathouse from Closure!"
target ing you on Change.org that's starting to pick up steam.
Chango.org is the world's largest petition platform that gives anyone, anywhere the tools they need
to start, join and win campaigns for change. Change.org nel,{!r starts petitions on our own -
petitions on the website, like "National Park Service: Save Jack's Boathouse from Closure!", are
started by users.
While "National Park Service: Save Jack's Boathouse from Closure!" is active, you'll receive an
email each time a signer leaves a comment explaining why he or she is signing. You'll also receive
periodic updates about the petition's status.
o http: //www.change.org/peti tions/national-park-ser\tice-save-jack-s-boathouse-from-
closure
See the 5 signers and thei r reasons for signing on the petition page.
o http://www.change.org/petitions/national-park-ser\ti ce-save-jack-s-boathouse-from-
Sincerely,
Change.org
There are now 5 signatures on this petition. Read reasons why people are signing, and respond to
Jesse B Rauch by clicking here:
http://www.change.org/petitions/national-park-ser\tice-save-jack-s-boathouse-frorn-closure?
ltps ://mall.googlo. com/ mail/bl 152/u/0/?ui=2&ik =f 534 766664&v iaw=pt&oat Jack's Boathouse&saarch= ... 212
(b) (6)
(b) (6)
lmMM41 just signed "Natlon11I Park Service: Sava Jack's 13oathouse f rorn ...
<mai l@change.org>
Sun, Dec 23, 2012 at 1 :37 PM
Change.org.
offering canoe and kayak rental , Jack's Boathouse has become a fa\Orite destination for Washington, DC's
residents. Despite being promised a three-year lease, the National Park Ser.Ace has notified Jack's
National Park Service. No reasons were pro'iided. We, fans and de\Utees of Jack's Boathouse hereby declare
providing recreational actl\Aties along the Potomac Ri'Jer.
Virginia
http: //www.change.org/petitions/national-park-ser.Ace-save-jack-s-boathouse-from-closure?response=
29a27107fe 70
ttps ://mall.googla.com/mall/bl 1 S2/ul0/?ul=2&1k =f 534 768664&v low=pt&cat Jack's Boathouse&search= ... 1/ 1
(b) (6)
(b) (6)
just signed "National Park Service: Savo Jack's Bo<ithouse from ...
- <mall@change.org>

Dear Steve Whitesell. Regional Director (National Park Service).
Sun, Dec 23, 2012 at 1 :20 PM
Change.org.
offering canoe and kayak rental. Jack's Boathouse has become a fa\.Qrite desti nation for Washington, DC's
residents. Despite being promised a three-year lease. the National Park Service has notified Jack's
Boathouse that they must vacate their property by January 31. 2013. Apparently, this emerged after the
National Park Service. No reasons were provided. We, fans and de\.Qtees of Jack's Boathouse hereby declare
our opposition to the closure of Jack's Boathouse. We demand to know why this order was given and. if it
prolAding recreational activities along the Potomac River.
Sincerely,
Nilmington, Delaware
http://www.change.org/petitions/nalional-park-servi ce-save-jack-s-boathouse-from-closure?response=
29a27107fe70
llps:l/m 311.google. com/mail/bl 162/u/O/?ul 2&ik=f 5311768664&11 lcwsp1&c<1t =Jack's Boathousc&search= .. . 1/ 1
(b) (6)
(b) (6)
/6ll}ln41 just slgnod ' Not!on!ll Park Service: Savo Jack's Boathouse f rom .. .

Em

Dear Ste\-9 Whitesell. Regional Director (National Park Service),
Sun, Dec 23, 2012 at 1:05 PM
I just signed Jesse B Rauch's petition "National Park Service: Sa..e Jack's Boathouse from Closure!" on
Change.org.
notified that their lease was being rescinded. Operating since 1945 on the banks of the Potomac Ri"9r,
offering canoe and kayak rental, Jack's Boathouse has become a favorite destination for Washington, DC's
our opposition to the closure of Jack's Boathouse. We dema.nd to know why this order was given and, if it
.
..-Columbia, Missouri

29a27107fe70
llps://mall.google.com/malllb/ 152/u/ O/?ula2&1k=f 534 76B664&v lew=pt&cat Jack's Boathouse&s oarch ..... 1/1
(b) (6)
(b) (6)
!VliMn41 just signed "National Park Service: Save Jack's Boattiousc from .. .
<mail@change.org>
Dear Ste-.e Whitesell , Regional Director (National Park Sen.1ce},
Sun, Dec 23, 2012 at 1 :05 PM
I just signed Jesse B Rauch's petition "National Park Sen.1ce: Save Jack's Boathouse from Closure!" on
Change.org.
notified that their lease was bei ng resci nded. Operating since 1945 on the banks of the Potomac River,
offering canoe and kayak rental, Jack's Boathouse has become a fa1,Qrite desti nation for Washington, DC's
District of Columbia transferred jurisdict ion over certain property along the Georgetown Waterfront to the
National Park Service. No reasons were provided. We, fans and de1,Qtees of Jackis Boathouse hereby declare
Sincerely,
Arlington, Virginia
hllp://www.change.org/petilions/national-park-sorvi ce-save-jack-s-boathouse-from-closure?response=
29a27107fe 70
I tps:/lmail .google.com/mall/b/152/u/O/?ul;o2&1k=f 534 766664&v lewapt&cat=Jack's Boathouso&se:irch=.,.
(b) (6)
(b) (6)
IOO'll!W"MENT OF THE INTERIOR Mall - Why I signsd - Jack's Is a t ant as tic
Why I signed -- Jack's is a fantastic
1<rnail@change.org>
Dear Steve Whitesell , Regional Director (National Park Sel"Jice),
Sun, Dec 23, 2012 at 12:32 PM
I just signed Jesse 8 Rauch's petition "National Park Sel"Jice: Save Jack's Boathouse from Closure!" on
Change.erg.
Jack's is a fantastic resource that lets everyone get out on the water in DC.
Sincerely,
Takoma Park, Maryland
http://www.change.org/petltlons/national-park-servicc-save-jack-s-boathouse-from-closure?response-
29a27107fe70
ttps ;/lmail.googla. com/mall/bl 152/ul0/?ui=2&ik =r 534 766664&v lew.=pt&cat =Jack's Boathouse&search= ... 1/1
(b) (6)
(b) (6)
(b) (6)
(b) (6)
IWllM41 just signed "National Park Servlco: Save Jack's Boathouse from ...
<mail@change.org>
ep y- o: no-rep y c ange.org
Sun, Dec 23, 2012 at 11 :55 AM
I just signed Jesse B Rauch's petition "National Park Service: Sa-.e Jack's Boathouse frorn Closure!" on
Change.org.
offering canoe and kayak rental, Jack's Boathouse has become a fa\oOrite destination for Washington, DC's
District of Columbia transferred jurisdiction o\/Gr certain property along the Georgetown Waterfront lo the
National Park Service. No reasons were provided. We, fans and de\oOtees of Jack's Boathouse hereby declare
must go forward, what the National Park Service Is doing to relocate Jack's Boathouse so it can continue
providing recreational acti'vities along the Potomac RhA9r.

-=AST NORRITON TOWNSHIP, NORRISTOWN, Pennsylvania
29a27107fe70
tips: II mail. google. com/mall/ b/ 162/u!O/?ul=2&ik =I 534 76B664&v low=pt&c iu " Jeck' s Boat house&s care h ..
1/ 1
IOO/it4 Ro: Now petlllon to you: National Park Service: Sava Jack's Boat ...
Closure!
Steve Whitesell <ste've_whitesell @nps.9011> Sun, Dec 23, 2012 at 11 :54 AM
To: peter_may@nps.gov, Usa_Mendelson-lelmini@nps.gov
Cc: Doug_Jacobs@nps.gov, Tarnmy_Stidham@nps.gov
I'm seeing.itt too.
Yes. Go ahead but run wordi ng by us first.
Ftom: Peter May [mailto:peter _rnay@nps.gov]
Sent: Sunday, December 23, 201205:14 AM
To: Steve_ Whitesell @nps.gov <Steve_ Whitesell @nps.gov>; Steve_LeBel@nps.gov <Steve_LeBel@nps.gov>;
Usa_Mendelson-lei mi ni@nps.gov <Usa_Mendelson-Ielmini@nps.gov>
Cc: Doug_Jacobs@nps.gov <Doug_Jacobs@nps.gov>; Tammy_Stidha1n@nps.gov <Tammy_Stidham@nps.gov>
Subject: Fw: New petition to you: National Park Service: Save Jack's Boathouse from Closure!
Pl ease see bel ow. I have received a handful of messages from t hi s site so far and I assume I wil l receive
many more. Did we do a press release to accompany this t o let folks know t hat there wil l be a concession
offering and that Simkin can compet e?
The Georgetowner articl e simpl y stat e t hat NPS has not responded t o t heir i nqui ries?
Can I post a reply t hat te ll s t he full story. The sooner the better, for obvious reasons.
Peter
Ftom: Jesse B Rauch [mallto:mai l@change.org]
To: Peter _May@nps.gov <Peter _May@nps.gov>
Jesse B Rauch started a petition '' National Park Service: Save Jack's Boathouse from Closure!" t argeting you on
Change.org that's starting to pick up steam.
Change.erg is the world's largest petition platform that gives anyone, anywhere the tools they need to start, join
and win campaigns for change. Change.org never starts petitions on our own - petitions on the website, like
"National Park Service: Saw Jack's Boathouse from Closure!" , are started by users.
While "Nati onal Park Servi ce: Sava Jack's Boathouse rrom Closure!" is acti'I., you'll receive an email each time a
signer leaws a comment explaining why he or she is signing. You'll also receive periodic updates about the
petition's status.
Here's what you can do right now to resol ve the petition:
tips ://mall.google.coml mall/b/ 1!i2/u/O/?ui=2&ik=f534 768664&v loW=pt&cat Jack's aoathouse&search= . .. 1/ 2
~ 4 Re: New potilion to you: Netional Park Setv ico: Save Jack's Boat. ..
o l1ttp: //www.change. org/petitions/national-park-sel'\lice-save-jack-s-boathouse-from-c los ure
o l1ttp://www.change.org/petitions/nalional-park-service-save-jack-s-boathouse-from-closure?
Sincerely,
Change.org
http://www.change.org/pel itions/nal ional-park-service-sa\.-jack-s-boathouse-from-closure?response=
3144071eddd4
ttps ://mall.google.com/mail/b/ 152/u/O/?ul.,2&1kllf 534768664&v iew=pt&cat Jeck'e Boathouse&soarcha, .. 212
(b) (6)
(b) (6)
wn 41 just signed "Natlonol Pork Serv Ice: Sav e Jack's Boathouse from ...
- mail@change.org>

Sun, Dec 23, 2012 at 11 :20 AM
Change.org.
National Park Service. No reasons were pro\Aded. We, fans and de\Qtees of Jack's Boathouse hereby declare
our opposition to the closure of Jack's Boathouse. We demand to know why this order was given and, If it
pro\Adlng recreational activities along the Potomac River .
.. Le Roy, New York
Rauch by cl icking here:
http://www.change.org/pelilions/national-park-service-save-jack-s-boathouse-from-closure?response=
29a27107fo 70
tip!!:/ f mall.google .com/ mall/bl 152/u/O/?ul=2&ik=f 534 768664&v leW"pt&cat Jack's Boathouse&search= ... 111
(b) (6)
(b) (6)
llilQln4 I just signed "Natlomil P'1rk Service: Savo Jack' s Bo::i thouse from ...
-.. . .
mai l@change.org>
reply@change.org
Sun, Dec 23, 2012 at 11 : 11 AM
I just signed Jesse B Rauch's petition "National Park Service: Save Jack's Boat11ouse from Closure!" on
Ct1ange. org.
residents. Despite being promised a three-year lease, the National Park Ser\1ce has notified Jack's
must go forward, what the National Park Ser\1ce is doing to relocate Jack's Boathouse so it can continue
Sincerely,
Virginia
http://www.change.org/pelitions/national-park-ser\1ce-save-jack-s-boalhouse-from-closure?response=
29a27107fe70
11ps://mail.googlo.com/m<ill/b/152/1,1/0/?ui=2&ik=f534 768664&v lew-pt&cat =Jack's Boathousc&search:= ... 1/1
(b) (6)
(b) (6)
Mall - I just signed "National Park Serv Ice: Save Jack's Boathouse f rom ...
mail@change.org>
Dear Steve Whitesell , Regional Director (National Park Sen.foe),
Sun, Dec 23, 2012 at 10:37 AM
Change.org.
offering canoe and kayak rental, Jack's Boathouse has become a fa-..orite destination for Washington, DC's
residents. Despite being promised a three-year lease, the National Park Ser"1ce has notified Jack's
National Park Service. No reasons were provided. We, fans and de-..otees of Jack's Boathouse hereby declare
must go forward, what the National Park Ser.1ce is doing to relocate Jack's Boathouse so it can continue
Sincerely,
lington, Virginia
hll p://www.change.org/petitions/national-park-ser.1ce-save-jack-s-boathouse-from-closure?response=
29a27107fc70
t tps://mait.googlo.com/moll/b/152/u/O/?ul=2&ik =f 534766664&v leWllpt&cat=Jack's Boathouso&seorch .,. 1/1
(b) (6)
(b) (6)
<mail@change.org>
Dear Ste\ie Whitesell , Regional Director (National Park Service),
Sun, Dec 23, 2012 at 10:32 AM
I just signed Jesse B Rauch's petition "National Park Service: Save Jack's BoathousG from Closure!" on
Change.org.
District of Columbia transferred jurisdiction o\ier certain property along the Georgetown Waterfront to the
our opposition to the closure of Jack's Boathouse. We demand to know why this order was gi\ien and, if it
prolAding recreational acthAtles along the Potomac River.

Missouri
http://www.chango.org/petitions/national-park-servi ce-sa\ie-jack-s-boathouse-from-closure?response=
29a27107fe70
(b) (6)
(b) (6)
THE INTERIOR Mail - Why I signod - Government must honor it's
Why I signed -- Government must honor it's
<mail @change.org>
Dear Steve Whitesell, Regional Director (National Park Sel".iice),
Sun, Dec 23, 2012 at 10:12 AM
Change.org.
Government must honor it's promises to create and maintain jobs in this suffering economy. President Obama
probably want to be seen as hostile to Small Biz and the Middle class. I am a taxpayer activist and I
\<>le !
Phoenix, Arizona

29a27107fe70
ttps://mall.googlG. com/mQll/b/152/ulO/?ul=2&1k=I 534 768664&v lewmpl&cat =Jack's BoathOusc&s enrch11... 111
(b) (6)
(b) (6)
llll.\ln41 just signed "Natlorial Park Service: Savo Jacl\'s Boathouse from ...
- <mail@change.org>
Sun, Dec 23, 2012 at 9:52 AM
I just signed Jesse B Rauch's petition "National Park Ser.1ce: Save Jack's Boathouse from Closure!" on
Change.org.
On December 18, 2012, Jack's Boathouse, a landmark, fami ly-owned small business was unceremoniously
offering canoe and kayak rental, Jack's Boathouse has become a favorite destination for Washington, DC's
our opposition to the closure of Jack's Boathouse. We demand to know why this order was gi\A3n and, if it
providing recreational activities along the Potomac Ri ver.
lllilllll-akoma park, Maryland
http://wwvv.chango.org/petitions/natlonal-park-service-sal,()-jack-s-boathouse-from-closure?response=
29a27107fe 70
ltps ://mall.google. com/mall/ bl 152/u/O/?ul 2&1k=f 53<1768664&v lovr-pt&cat Jack's Boathousc&scarch .. 111
(b) (6)
(b) (6)
130114
mall@change.org>
To: Ste-..e_Whitesell@nps.gov
Sun, Dec 23, 2012 at 9:36 AM
I just signed Jesse B Rauch's petition "National Park Service: Save Jack's Boathouse from Clos\.lrel" on
Change.org.
noti fi ed that their lease was being rescinded. Operating since 1945 on the banks of the Potomac Ri ver,
offering canoe and kayak rental, Jack's Boathouse has become a falft:lrite destination for Washington, DC's
residents. Despi te being promised a three-year lease, the National Park Ser.Ace has notified Jack's
National Park Service. No reasons were provided. We, fans and delft:ltees of Jack's Boathouse hereby declare
must go forward, what the National Park Ser.ice is doing to relocate Jack's Boathouse so it can continue

Florida

29a27107fe70
111
(b) (6)
(b) (6)
lllliMn41 just signed "National Park Ser'Vlco: Save Jack's Boalhou::G I tom ...
..
511

Sun, Dec 23, 2012 at 8:41 AM
Change.erg.
offering canoe and kayak rental, Jack's Boathouse has become a fa"1Jrite destination for Washington, DC's
Boathouse that they must vacate their property by January 31. 2013. Apparent ly, this emerged after the
National Park Service. No reasons were provided. We, fans and de"1Jtees of Jack's Boathouse hereby declare
Sincerely,
New York
http://www.change.org/petilions/nati onal-park-service-save-jack-s-boathouse-from-closure?response=
29a27107fe70
ttps://mail.googlo. comlm all/bl 152/ u/O/?ui=2&ik=I 534 766664&v leW"pt&cat=Jack's 8oathouse&search= ... 1/1
Mall - Fw: New petlllon to you: N11tlor111! Park Service: S11ve J11ck's Boa ...
Fw: New petition to you: National Park Service: Save Jack's Boathouse from
Closure!
Peter May <peter_may@nps.goV> Sun, Dec 23, 201 2 at 8:14 AM
To: Steve_Whitesell@nps.gov, Steve_LeBel@nps. gov, Lisa_Mendelson-lelmi ni@nps.gov
Cc: Doug_Jacobs@nps.gov, Tammy _Stidham@nps.gov
Pl ease see below. I have recei ved a handful of messages from thi s site so far and I cissume I wi ll recei ve
many more. Did we do a press release to accompany t hi s to let folks know t hat there will be a concessi on
offeri ng and that Simkin can compet e?
The Georgetowner article simply state that NPS has not responded to their inquiries?
Can I post a reply t hat tell s t he full story. The sooner the better, for obvious reasons.
Peter
From: Jesse B Rauch [mallto: mai l@change.org]
To: Peter _May@nps.gov <Peter _May@nps.gov>
Jesse B Rauch started a petition "National Park Servi ce: Save Jack's Boathouse from Closure!" targeting you on
Qhange.org that's starting to pick up steam.
Change.org is the world's largest petition platform that gives anyone, anywhere the tools they need to start, join
and win campaigns for change. Change.org never starts petitions on our own - petitions on the website, li ke
"National Park Service: Save Jack's Boathouse from Closure!", are started by users.
While "National Park Service: Save Jack's Boathouse from Closure!" is active, you'll receive an email each time a
signer leaves a comment explaining why he or she is signing. You'll also receive periodic updates about the
petition's status.
o Review the petition. Here's a link:
o http://www.change.org/petitions/national-park-service-save-jack-s-boathouse-from-closure
o http://www.change.org/petitions/national-park-service-save-jack-s-boathouse-fro1n-closure?
Sincerely,
Change.org
ttps :I l mail.google.coml mail/b/152/u/Ol?ui=2&ik =f 534 768664&v iew=pt&cat =Jack's Boathouse&search . . . 112
Mall - Fw: New petition to you: National Park Service: Save Jack's Boa .. .
http://www. change. org/ peti tions/ national-park-servicc-s ure?res ponse"'
3144071eddd4
ttps ://mall.google. com/maillb/ 152/u/O/?ul 2&1k11f 534 768664&v iew=pt&cat" J ack's Bo;ithouse&search= ... 212
~ M Mail Re: I spoke with the reporter WsshPost story , deadline todsy
Re: I spoke with the reporter WashPost story, deadline today
Maureen Foster <maureen_foster@nps.gov> Mon, Dec 24, 2012 at 5:56 PM
To: Katherine Kelly <kate_kelly@ios.doi.gov>
Cc: "Jon_Jarvi s@nps.gov' <Jon_Jarvi s@nps.gov>, "davi d_barna@nps.gov' <da\old_barna@nps.gov>,
"peggy_o'dell @nps.gov' <peggy_o'dell @nps.gov>, "stel.A:l_whitesell @nps.gov' <steve_whitesell @nps.gov>,
"lisa_mendelson-ielmini@nps.gov' <lisa_mendelson-ielmini @nps.gov>, "Sue_Waldron@nps.gov'
<Sue_Waldron@nps.gov>, "blake_androff@ios. doi.gov' <blake_androff@ios.doi.gov>, "laura_davi s@ios.doi.gov'
<laura_davis@ios. doi. gov>, Peter May <Peter_May@nps.gov>
Looping in Peter who has been in\.()l\d.
Maureen D. Foster
National Park Servi ce
202.208.5970
On Dec 24, 2012. at 5:33 PM, Katherine Kelly <kate_kelly@ios.doi.gov> wrot e:
Thanks, Jon. Two edits: added an "s" to Jack' s and "on the l ease t ermi nation" when t al ki ng
about furt her action t o make that secti on cl earer.
Also, who woul d be t he appropri at e person t o reach out to t he owner t onight from NPS t o
give hi m Jarvi s's st mt?
11
l n the l ast 24 hours, I have received hundreds of emai ls from ci ti ze ns concerned with the
f uture of Jack' s Boathouse, a boat rental operation on t he C&O Canal Nati onal Hist orical Park.
I can assure al l those concerned that t he boat house operat ion wi l l continue into the fut ure
as it i s an important publi c service. I have direct ed t he st aff at t he park and the Regi onal
Offi ce to withhol d further acti on on the lease t ermi nat i on until I have conduct ed a t horough
review and determi ned the best course of action."
From: Jarvis, Jonat han [mallto:j on_jarvis@nps.gov]
Sent: Monday, December 24, 201203:19 PM
To: David Barna <david_barna@nps.gov>
Cc: kate_kelly@ios.doi.gov <kate_kelly@ios.doi. gov>; peggy_o'dell @nps.gov
<peggy_o'dell @nps.gov>; st eve_whitesell@nps.gov <steve_whi tesell@nps.gov>; Lisa Mendelson
<lisa_mendelson-ielmini @nps.gov>; sue_waldron@nps.gov <sue_waldron@nps.gov>;
blake_androff@ios.doi.gov <blake_androff@ios.doi .gov>
Subject: Re: I spoke with the reporter WashPost story, deadline today
Per my discussion with Laura, we need to get out a statement now which I hal.A:l drafted below .. I
lips :/l mail.googlo.com/mail/b/ 162/u/O/?ui =2&1k f 534 768664&v lew=pt&cat" J ock's Boathouse&searoh .. 1/5
Slil/OR Mall - Re: I bpoka with the reporter WashPost story , del!dline today
had to put a filter on my email, as I ha\. almost a 1000 now.
"In the last 24 hours, I have received hundreds of emails from citizens concerned with the future of
Jack' Boathouse, a boat rental operation on the C&O Canal National Historical Park. I can assure
all those concerned that the boat house operation will continue into the future as it is an important
public serv1ce. I have directed the staff at. the park and the Regional Office to withhold further action
until I ha\. conducted a thorough revi ew and determined the best course of action."
On Mon, Dec 24, 2012 at 12:39 PM, David Barna <david_barna@nps.gov> wrote:
She wi 11 hold off t il I th rusday if possibl e but wants to know what is goi ng on with t hi s I ease
If she is pushed to run a story soon she wi l l call me
So I need a sat ement Wed
Davi d
from: Katherine Kelly [mailto: kate_kelly@ios.doi.gov]
Sent: Monday, December 24, 2012 10:20 AM
To: david_barna@nps.gov <david_barna@nps.gov>
Cc: Sue_Waldron@nps.gov <Sue_Waldron@nps.gov>; blake_androff@ios.doi. gov
<blake_androff@ios.doi .gov>
Subject: Re: Steve see note from DOI Re: WashPost story, deadline today
Barna - can you call the reporter and ask for her to hold off until thurs or so on a foll owup?
She shd appreciate that the f ederal gov't i s closed for the next two days and that you need
ce rtain people online to help tel l an accurate story. I think you can t ell her that she's only
hearing one side ... But you need more time to track down NPS's side to get it ri ght.
Front David Barna [mailto:david_barna@nps.gov]
Sent: Monday, December 24, 2012 09: 11 AM
To: Katherine Kelly <kate_kelly@ios.doi.gov>; Steve Whitesell <Steve_Whitesell @nps.gov>;
Carol Johnson <carol_b_johnson@nps.gov>; Lisa Mendelson-lelmini <Lisa_Mendelson-
Ielmini@nps.gov>; David Barna <David_Barna@nps.gov>
Cc: blake_androff@ios.doi.gov <blake_androff@ios.doi.gov>; peggy_o'dell @nps.gov
<peggy_o'dell @nps.gov>; Sue_Waldron@nps.gov <Sue_Waldron@nps.gov>
Subject: Steve see note from DOI Re: WashPost story, deadline today
Not sure what to say or do.
I heard second hand about this issue and not sure what we can say. if anything.
I know we had significant issues with him but doubt that we can go public with the accusations.
David
2/5
Mail - Re: I with the raportor WashPost story, doadllne today
On Dec 24, 2012, at 11 :05 AM, Katherine Kelly <kate_kelly@ios.doi.goV> wrote:
Today's story was pretty awful for t he Park. NPS comes across as j ob-ki ll ers
that don't have a very clear reason for re sci ndi ng the lease. Sounds li ke t he
letter came without warning- and right before Xmas.
Without knowing any details about the how and why here, I'd suggest that
NPS try and do some cleanup with this second story ... Or risk seeing a
negative WaPo editorial and many follow-ups.
Do you all have a plan of action; or more relevant detail s?
I'm happy to hop on the phone with you all. Let me know.
From: Allison Klein [mailto:kleinallison@wasl1post.com]
Cc: blake_androff@ios.doi.gov <blake_androff@ios.doi .gov>;
kate_kelly@ios.doi.gov <kate_kelly@ios.doi.gov>i peggy_o'dell@nps.gov
<peggy_o'dell@nps.gov>; sue_waldron@nps.gov <suc_waldron@nps.gov>
Subject: Re: Fw: WashPost story, deadline today
Da\1d and Lisa,
Thank you for your statement last night. Are you available for a few quick follow-up
questions?
Thank you.
Allison
Alli son Klein
Reporter
The Washington Post
703-518-3019
Frain: David Sama <dovi d_bamA(glnps.gov>
To <ldelnallloon@washpost.com>.
<sue wal dron@nps.gov>, <peggy_o'dell@nps.gov>, <blaka_anclrorf@ios.doi .9011>
Dato: 12/23/2012 07:16 PM
Subje<:\: Fw: WashPost story, deadli ne loday
From: Lisa Mendelson-Ielmini [mailto: lisa mendelson-ielmini@nps.go]
To: David Barna <david barna@nps.gov>
Cc: Steve Whitesell <steve whitesell@nps.gov>
Subject: Re: WashPost story, deadline today
3/5
lf!QIC!)R Mail - Re: I spoke with the rGporter WeshPost story , deadline today
David, here's the statement I mentioned earlier.
"The National Park Service issued notice to Paul Simkin, the operator
of Jack's Boathouse, that the lease under which the business has
operated for several years is no longer considered valid.
The recreational services offered and public access to the Potomac
River are important to the NPS and thus will be offered as a
concession contract. This concession wi ll be announced within a few
days through a fair and open process. Mr. Simkin is free to submit a
proposal for the opportunity to operate the concession. A Request for
Qualifications will be announced within a few days. The conversion to
a concession will be complete by February 1, 2013, and we
anticipate no interruption of service at the site."
202-297-1338 cell
202-619-7023 office
On Dec 23, 2012, at 4:26 PM, David Barna <david barna@nps.gov>
wrote:
Can someone help answer this one?
David
David Barna
Chief Spokesman
Washington DC
On Dec 23, 2012, at 3:56 PM, Allison Klein
<kleinallison@washpost.com> wrote:
Hi Kathy and David,
I am writing a story that wi ll be in the paper tomorrow about NP S's
termination of contract for Jack's Boat House in Georgetown. I would
like to include in my story why the contract is being terminated, as the
letter NPS sent to the owner did not explain why. I am sorry for the
short notice, the story was just assigned to me.
Please emai l me or call me on my cell phone at your earliest
convenience, 202-222-5815.
ttps :/Im ail.google.coml mall/bl 152/u/O/?ul,,2&1k i::f 53<1768664&v lew:pt&cat=Jack's Boathouse&soarch ... 415
Sllll OO Mail Re: I spoko 'llltll the reporter WMhPost story, deadllno tod1;1y
Thank you.
Allison Klein
Reporter
The Washington Post
Jonathan B. Jarvis
Director, NP$
tips :/Im ail.google.com/mail/b/162/u/O/?ui=2&ik"'f 634 768664&v IGW pt&cat=Jack's Boathouse&sGatch . .. 5/5
(b) (6)
(b) (6)
!:NT OF THE INTERIOR Mall - Why I signed -- Fix something t hat's broken.
Why I signed -- Fix something that's broken.
mall @change.org>
Mon, Dec 24, 201 2 at 5:54 PM
I just signed Jesse B Rauch's petit ion "National Park Service: Save Jack's Boathouse from Closure!" on
Change. org.
Fix something that's broken. This is a long running and successful operation. Leave it alone!
---
Arlington, V1rg1rna
http://www.change.org/petitions/natlonal-park-service-sa'l.-jack-s-boathouse-frorn-closure?response=
29a27107fe 70
tt ps://mail.googlo.corn/mail/b/ 152/u/O/?ul 2&ik =f 534 766664&v iew=pt&cat " Jack's Boathousc&se11rch= ... 1/1
(b) (6)
(b) (6)
lllmr OF THE INTERIOR Mi1ll Why I signed - For histical purposes and
Why I signed _ .. For histical purposes and
mail@change.org>
To: Ste..e_Whilesell@nps.gov
Dear Ste..e Whitesell, Regional Director (National Park Service),
Mon, Dec 24, 2012 at 5:52 PM
Change.org.
For hlstical purposes and also to keep peopl e working. This is as much about DC as any attraction in DC
Sincerely,
~ n l
http://www. chango. org/pet itlons/national-park-service-sa\e-j ack-s-boatl1ouse-from-closure?response=
29a27107fe70
216 West 104th Street I Suite #1 30 I New York, NY I 10025
tips ://mall.googla.com/ma!l/b/152/u/O/?ul2&ik=f 534 768664&v iew=pt&cat J11ck's Boathouse&searctl" ... 1/1
(b) (6)
(b) (6)
DEPARTMENT OF THE INTERIOR Mail - Why I sl9ned -- Tis is an Iconic
Why I signed -- Tis is an iconic
<mail@change.org>
To: Slei.e_Whllesell@nps.gov
Dear Ste1.e Whitesell, Regional Director (National Park Service),
Mon, Dec 24, 2012 at 5:45 PM
I just signed Jesse B Rauch's petition "National Park Service: Sai.e Jack's Boathouse from Closure!" on
Change.org.
Tis is an iconic part of DC life. Tis is a well run and much loved business, and needs to be preserved
Sincerely,
Silver spring, Maryland
http://www.change.org/petitions/national-park-scrvice-sa1.e-jack-s-boathouse-from-closure?response=
29a27107fe 70
t lps ://mall. googte. com/ mall/bl 1621u/O/?ui=2&1k o:f 534 768664&v lew::pt&cat=J ack's Boat house&s oarch= ... 1/1
(b) (6)
(b) (6)
llWIBMT OF THE INTERIOR Mail - Why I signed -- Becauso It's IJ landmark,
Why I signed -- Because it's a landmark,

To: Sleve_Whitesell @nps.gov
Mon, Dec 24, 2012 at 5:44 PM
Change.erg.
Because it's a landmark, provides great services that everyone seems to enjoy. It's not broken, why the
change? Also the manner in which the NPS has approached this seems unreasonable.
--
Herndon, Virginia

29a27107fe 70
ltps :/I mall. google. com/mail/ bl 152/u/0/?ui=2&ik =f 534 768664& v loWllpt &cat =Jack's Boathouse&s oa rch ... 1/1
(b) (6)
(b) (6)
r>.'RJTI.ENT OF THE INTERIOR Mall - Why i signed -- Jack's is an lns1itution.
Why I signed -- Jack's is an institution.
l<mail@change.org>
Dear Ste\ Whitesell, Regional Director (National Park Service),
Mon, Dec 24, 2012 at 5:44 PM
I just signed Jesse B Rauch's petition ii National Park Service: Save Jack's Boathouse from Closure!" on
Change.org.
Jack's is an institution.
Sincerely,
Fairfax, Virginia
http://www.change.org/peti tions/national-park-service-sal.-jack-s-boathouse-from-closur0?response=
29a27107fe70
I tps://mail.googlu. com/malll b/ 152/u/0/?ul=2&ik =f 534 768664&v iew=pt&cst =Jack's Boathouse&soarch ..
1/1
(b) (6)
(b) (6)
r.:RJil.ENT OF THE INTERIOR Mall Why I signed -- Wo lovo this business.
Why I signed We love this business.
mail @change.org>
Mon, Dec 24, 2012 at 5:43 PM
Change.org.
We love this business .
.....
Purcellville, Virginia
http://www.changc.org/petitions/natlonal-park-serv1cc-save-jack-s-boatl1ouse-from-closure?response-
29a2?107fe 70
ttps ://mall.google.com/mail/b/ 152/ll/0/?ui=2&1k=r 534 768664&v lew=pt&cal =Jack's Boalhouso&soarchR, .. 1/1
(b) (6)
(b) (6)
l EPARiMENT OF THE INTERIOR Mall - Why I signed -- It's a DC lt1ndmerk
Why I signed ... It's a DC landmark
<mail@change.org>
To: Steva_Whitesell@nps.gov
Mon, Dec 24, 2012 at 5:40 PM
Change.erg.
It's a DC landmark that needs to be saved. Provides a great service for locals and tourists.

29a27107fe70
lt ps: II mall, google. corn/ m :Jll/b/ 152/u/O/?ul,.2&1k =f 53<176B664&v lew=pt&ca l =Jack's Boat hou:; e&s enrch= ... 1/ 1
(b) (6)
(b) (6)
"MENT OF THE INTERIOR Mail - Why I signed -- A treasured landmark lh(lt
Why I signed -- A treasured landmark that
<mail@change. org>
Dear S t e ~ Whitesell, Regional Director (National Park Service),
Mon, Dec 24, 2012 at 5:38 PM
Change.org.
A treasured landmark that enables locals and visitors to enjoy t he beauty of our nations capital from a
different vi ew.
29a27107fe 70
~ 6 West 104th Street I Suite #130 I New York, NY I 10025
t t ps: //mail. goog lo. com/ ma!l/b/ 152/u/Oi?ui=2&ik er 534 768664 & v iew=pt&cat eJ ao k's Boathouse&searc h= . 111
limll!>R M<tll - Re: I spoke wit h the reporter WashPost story , deadline toctay
Katherine Kelly <kate_kelly@ios.doi.goV> Mon, Dec 24, 2012 at 5:32 PM
To: Jon_Jar"1s@nps.gov, david_bama@nps.gov
Cc: peggy _ o'dell@nps.gov, ste\.e _ whitesell@nps.gov, lisa _ mendelsonwielmini@nps.gov, Sue_ Waldron@nps.gov,
blake_androff@ios.doi. gov, laura_da\ois@ios .doi .gov, Maureen_Foster@nps.gov
Thanks, Jon. Two edi ts: added an "s" to Jack's and " on the l ease t ermination" when t alking about further
acti on t o make that secti on cl earer.
Also, who would be the appropri at e person t o reach out to the owner t onight from NPS to give him
Jarvi s's stmt?
" In the l ast 24 hours, I have received hundreds of emai l s from citi zens concerned with the future of Jack' s
Boathouse, a boat rental operati on on the C&O Canal National Hi st orical Park. I can assure all those
concerned that the boat house operati on will continue into the future as it i s an important publ ic service.
I have direct ed the st aff at the park and t he Regional Office to withhold further action on the l ease
termi nation until I have conducted a thorough revi ew and determined the best course of action. "
From: Jarvis, Jonathan [mailto:jon_jarvis@nps.gov]
Sent: Monday, December 24, 2012 03: 19 PM
Cc: kate_kelly@ios.doi.gov <kate_kelly@ios.doi.gov>; peggy_o'dell@nps.gov <peggy_o'dell@nps.gov>;
steve_whitesell @nps.gov <steve_whitesell @nps.gov>; Lisa Mendelson <lisa_mendelson-ielmini@nps.gov>;
sue_waldron@nps.gov <sue_waldron@nps.gov>; blake_androff@ios.doi .gov <bl ake_androff@ios.doi.gov>
Per my discussion with Laura, we need to get out a statement now which I ha'..e drafted below . . I had to put a
fi lter on my email , as I ha'..e almost a 1000 now.
"In the last 24 hours, I have recei'..ed hundreds of emai ls from citizens concerned with the future of Jack'
Boathouse, a boat rental operation on the C&O Canal National Histori cal Park. I can assure all those concerned
that the boat house operation will continue into the future as it is an important publi c ser"1ce. I ha\ directed the
staff at the park and the Regional Office to withhold further action until I ha'..e conducted a thorough re\oiew and
determined the best course of action."
On Mon. Dec 24, 2012 at 12:39 PM, David Barna <david_barna@nps.goV> wrote:
ttps://meiJ,googla.corn/meil/b/ 152/u/O/?ul=2&ik=f 534768664&view" pt&cat=Jack' s Boathouse&search ..... 1/ 4
EJQIOR Mail Re: I spoke with tt10 reporter WashPost story , deadlino tod3y
She wi ll hold off til l thrusday if possi ble but wants to know what is goi ng on with thi s lease
If she i s pushed to run a story soon she will cal l me
So I need a satement Wed
David
From: Katherine Kelly [ mailto: kate_kelly@ios.doi.gov]
Cc: Sue_Waldron@nps.gov <Sue_Waldron@nps. gov>; blake_androff@ios.doi.gov
Subject: Re: Steve see note from 001 Re: WashPost story, deadline today
Barna - can you call the reporter and ask for her to hold off unti l thurs or so on a fol lowup? She shd
appreciate that t he fede ral gov'l is closed for t he next two days and t hat you need ce rtai n people
onli ne to hel p tell an accurate story. I thi nk you can tell her t hat she's only hearing one si de ... But you
. need more t i me to t rack down NPS's side to get i t right.
From: David Barna (mailto:david_barna@nps.gov]
Sent: Monday, December 24, 201209:11 AM
To: Katherine Kelly <kate_kelly@ios.doi.gov>; Steve Whitesell <Steve_Whitesell @nps.gov>; Carol Johnson
<carol_b_johnson@nps. gov>; Lisa Mendelson-ielmini <Lisa_Mendelson-Ielmini@nps.gov>; David Barna
<David_Barna@nps.gov>
CC: blake_androff@ios.doi.gov <blake_androff@ios.doi.gov>; peggy __ o'dell@nps.gov <peggy_o' dell@nps.gov>;
Sue_Waldron@nps.gov <Sue_Waldron@nps.gov>
I heard second hand about this issue and not sure what we can say, if anything.
I know we had signifi cant issues with him but doubt that we can go public with the accusations.
David
On Dec 24, 201 2, at 11 :05 AM. Katheri ne Kelly <kate_kelly@ios.doi.gov> wrote:
Today's story was pretty awful for t he Park. NPS comes across as job-kill ers that don't have
a very cl ear reason for resci nding the l ease. Sounds li ke t he letter came without warning -
and ri ght before Xmas.
Wi thout knowi ng any detail s about t he how and why here, I'd suggest t hat NPS try and do
some cl eanup wi th thi s second story ... Or risk seei ng a negative WaPo editori al and many
foll ow-ups.
Do you all have a pl an of action, or more rel evant det ail s?
I'm happy t o hop on the phone with you al l. Let me know.
ttp:;://mall. googla. com/m3il/b/ 152/u/O/?ul=2&1k=f 534 766664&v lew=pt&cat=Jack's Boathouso&seorch= ... 2/4
EJe/cDR ilAail - Re: I spoke with the reporter WashPost story, deadline today
A-om: Allison Klein [mailto: kleinallison@washpost.com]
Cc: blake_androff@ios.doi.gov <blake_androff@ios.doi .gov>; kate_kelly@los.doi. gov
<kate_kelly@ios.doi.gov>; peggy_o'dell@nps.gov <peggy_o'dell @nps.gov>;
sue_waldron@nps.gov <sue_waldron@nps.gov>
David and Lisa,
Thank you for your statement last night. Are you available for a few quick follow-up questions?
Thank you.
All Ison
Allison Klein
Reporter
The Washington Post
703-518-3019
From: David Barna <david_ bama@nps.gov>
lo: <l<Jeinallison@washost.com>, <david_barna@nps.gov>, <kate_kelly@i os.doi.gov>, <sue_waldron@nps.gov>,
<poggy _o'del l @nps.gov>, <bla ka_androff@los.doi.gov>
D1te 12/23/201 2 07: 16 PM
Subject: Fw: Wash Post story. deadline today
A-om: Lisa MendelsonIelmini [mailto:lisa mendelson-ielminl@n12s.gov]
To: David Barna <davld barna@nps.goy>
Cc: Steve Whitesell <steye whitesell @nps.gov>
"The National Park Service issued notice to Paul Simkin, the operator of Jack's
Boathouse, that the lease under which the business has operated for several
years is no longer considered valid. The recreational services offered and public
access to the Potomac River are important to the NPS and thus will be offered as
a concession contract. This concession will be announced within a few days
through a fair and open process. Mr. Simkin is free to submit a proposal for
the opportunity to operate the concession. A Request for Qualifications will be
announced within a few days. The conversion to a concession will be complete
by February 1. 2013, and we anticipate no interruption of service at the site."
tips ://mail.google.com/mall/b/ 1S2/u/O/?ui=2&ik=f534 768664&11 levr.:pt&cat=Jack's Boathouse&s eerch= ... 3/ 4
E.!Qlffi filaif Re: I spoke with the reporter WDshPost story , deadline today
202-297-1338 cell
202-619-7023 office
On Dec 23, 2012, at 4:26 PM, David Barna <da.l'.id barna@nps.gov> wrote:
David
David Barna
Chief Spokesman
Washington DC
On Dec 23, 2012, at 3:56 PM, Allison Klein <kleinalljson@washpost.com> wrote:
Hi Kathy and David,
I am writing a story that will be in the paper tomorrow about NP S's termination of
contract for Jack's Boat House in Georgetown. I would like to include in my story
why the contract is being terminated, as the letter NPS sent to the owner did not
explain why. I am sorry for the short notice, the story was just assigned to me.
Please email me or call me on my cell phone at your earli est convenience, 202-
222-5815.
Thank you.
Allison Klein
Reporter
The Washington Post
Jonathan B. Jarvis
Director. NPS
ll ps: /Im all. google. com/ mai l/b/ 152/u/O/?ul2&1k =f 534 768664& v iew=pt&cat =Jack' 5 Boa thous e&soarc h" ... d/4
(b) (6)
(b) (6)
Why I signed -- Jack's Boathouse is an
mail@change.org>
To: Stew_Whitesell@nps.gov
Mon, Dec 24, 2012 at 5:31 PM
Change.org.
Jack's Boathouse is an institution .
....
South Riding, Virginia
http://www.change.org/petitions/national-park-service-sa\-jack-s-boat l1ouse-from-closure?response=
29a27107fe70
(b) (6)
(b) (6)
(b) (6)
Olr'Mail 25 more people signed: Dennis Dougharty, Perrle'Lee Prouty ...
ethesda, Maryland
Reston, Virginia
Buffalo, New York
Is Church, Virginia
ttps ://moll.9oogle.com/malll b/ 152/1,1/0/?1.1i=2&iKef 534768664&v iCW"pt&c!!t =Jack's Boathouse&seareh"., , 212
(b) (6)
(b) (6)
OF THE INTERIOR Mall - Why I signed My family has bean
Why I signed ... My family has been
- mail@change.org>

Mon, Dec 24, 2012 at 5:20 PM
I just signed Jesse B Rauch's petition "National Park Service: Sa1.>e Jack's Boathouse from Closure!" on
Change.erg.
My family has been boating at Jack's for over a decade.
--
Falls Church, Virginia
http:/
29a27107fe70
ltps ://mail ,google. comlmalllb/152/u/O/?ul " 2&1k::f 53476B664&v lew::pl&cat=Jaok's 6oaihouse&scarch= ... 1/1
1311/0f'. Mail - Re: I spoke Wilh lho reporter WtishPost story, deadline loday
Jarvis, Jonathan <jonjarvis@nps.gov> Mon, Dec 24, 2012 at 5:19 PM
To: Dal.Ad Barna <david_barna@nps.gov>
Cc: kate_kelly@ios.doi.gov, peggy_o'dell @nps.gov, steve_whitesell@nps.gov, Lisa Mendelson <lisa_mendelson-
ielmini @nps.gov>, sue_waldron@nps.gov, blake_androff@ios.dol.gov
Per my discussion with Laura, we need to get out a statement now which I have drafted below .. I had to put a
filter on my email, as I have almost a 1000 now.
"In the last 24 hours, I have received hundreds of emai ls from citizens concerned with the future of Jack'
Boathouse, a boat rental operation on the C&O Canal National Histori cal Park. I can assure all those concerned
that the boat house operation wi ll continue into the future as it is an important public service. I ha\.e directed the
staff at the park and the Regional Office to wit hhold further action until I have conducted a thorough review and
determined the best course of action."
On Mon, Dec 24, 2012 at 12:39 PM, Dal.Ad Barna <david_barna@nps.gov> wrote:
She will hold off till thrusday if possibl e but wants to know what is going on wi th this lease
If she is pushed to run a story soon she wil l cal l me
David
From: Katherine Kelly [ mailto: kate_kelly@ios.doi.gov]
. Cc: Sue_Waldron@nps.gov <Sue_Waldron@nps.gov>; blake_androff@ios.doi.gov
<blake_androff@ios.doi.gov>
a r n a ~ can you cal l the report er and ask for her to hold off until thurs or so on a followup? She shd
appreciate that the federal gov't i s closed for the next two days and that you need cert ain peopl e
on li ne to help tel l an accurate story. I think you can tell her that she's onl y heari ng one side ... But you
need more time to track down NPS's side to get it right.
From: David Barna [ mailto: david_barna@nps.gov]
To: Katherine Kelly <kate_kelly@ios.doi.gov>; Steve Whitesell <Stcve_Whitesell@nps.gov>; Carol Johnson
<carol_bjohnson@nps.gov>; Lisa Mendelson-ielmini <Usa_Mendelson-Ielmini@nps.gov>; David Barna
Ups ://mall. google. com/mail/bl 152/u/Oi?ul=2&1k f 534 768664&v iew=pt&cat=Jaek' s Boalhouse&search; .. . 1/4
eJi/IDR Mall - Re: I spoke with the reporter WashPost story, deadline today
C.C: blake_androff@ios.doi.gov <blake_androff@ios.doi.gov>; peggy_o'dell@nps.gov <peggy_o'dell@nps.gov>;
Sue_Waldron@nps.gov <Sue_Waldron@nps.gov>
Dal.Ad
On Dec 24, 2012, at 11 :05 AM, Katherine Kelly <kate_kelly@ios.doi.gov> wrote:
Today's story was pretty awful for the Park. NPS comes across as job-ki l lers that don't have
a very clear reason for rescinding t he lease. Sounds like the letter came without warni ng -
and right before Xmas.
knowing any detai l s about the how and why here, I'd suggest that NPS try and do
some cleanup with this second story ... Or risk seeing a negative WaPo editorial and many
follow- ups.
Do you al l have a plan of action, or more re l evant detail s?
From: Allison Klein [mailto:kleinallison@washpost.com]
Cc: blake_androff@ios.doi.gov <blake_androff@ios.doi.gov>; kate_kelly@ios.doi.gov
<kate_kelly@ios.doi.gov>; peggy_o'dell@nps.gov <peggy_o'dell@nps.gov>;
David and Lisa,
Thank you for your statement last night. Are you available for a few quick follow-up questions?
Thank you.
Allison
Allison Klein
Reporter
The Washington Post

Hom: David Barna
To: <l<Jei nallison@waS11post.com>, <ctavid_bama@nps.gov>, <kato_kelly@io!l,t10i.gov>, <sua_waldron@nps.gov>,
<pcggy_ o'del l @nps.gov>. <blakc_androff@ios.dol .gov>
OntA: 12/23/2012 07:16 PM
ltps ://mall.google. com/mall/bl 152/u/O/?ui"'2&ik=f 534 768664&v lcw=pt&cal Jli!ck's Boathouse&searct1.,, 214
Eli/OR Mall - Re: I spoke with the roportor Wasl1Post story , deadline lodsy
Sub10ct: Fw: WashPost story, deadl ine today
from: Lisa [mailto:lisa meodelson-ie!mini@nps.gov]
To: David Barna <dayid barna@nps.gov>
Cc: Steve Whitesell <Steve whitesell@nps.gov>
David, here's the statement I mentioned earli er.
11
The National Park Service issued notice to Paul Simkin, the operator of Jack's
Boathouse, that the lease under which the business has operated for several
years is no longer considered valid. The recre.ational services offered and public
access to the Potomac River are important to the NPS and thus will be offered as
a concession contract. This concession will be announced within a few days
through a fair and open process. Mr. Simkin is free to submit a proposal for
the opportunity to operate the concession. A Request for Qualifications will be
announced within a few days. The conversion to a concession will be complete
by February 1. 2013, and we anticipate no interruption of service at the site."
202-297-1338 cell
202-619-7023 office
On Dec 23, 2012, at4:26 PM, David Barna <david bama@ops.gov> wrote:
David
David Barna
Chief Spokesman
Washington DC
On Dec 23, 2012, at 3:56 PM, Allison Klein <kleinalli son@wasbpost.com> wrote:
Hi Kathy and David,
I am writing a story that will be in the paper tomorrow about NP S's termination of
ttps :I lmall.google.com/msil/b/ 152/u/O/?ul=2&1k"f 634 768664&v iew=pt&cst=Jsck's Boamouse&search= ... 314
89/G>R Mail - Re: I soko wllh the reporter WashPosl SIO!'y , cteadllne today
contract for Jack's Boat House in Georgetown. I would like to include in my story
why the contract is being terminated, as the letter NPS sent to the owner did not
explain why. I am sorry for the short notice, the story was just assigned to me.
Please email me or call me on my cell phone at your earliest convenience, 202-
222-5815.
Thank you.
Allison Klein
Reporter
The Washington Post
Jonathan B. Jarvis
Director. NP$
lips ://mall. google.com/mail/b/ 162/u/O/?ui:2&ik=f 534 768664&v levr-pi&cat =Jack's Boalhouse&search= ... 4/4
E!e/00 Mail - Ro: I spoke with tho reporter WashPost story , dO(ldline today
May, Peter <peter_may@nps.goV> Mon, Dec 24, 2012 at 5:18 PM
To: David Barna <david_barna@nps.goV>
Cc: kate_kelly@ios.doi.gov, sue_waldron@nps.gov, Ste've Whitesell <ste\/e_whitesell@nps.goV>, Jon Jarvis
<Jon_Jarvis@nps.goV>, peggy _o'dell@nps.gov, Lisa <lisa_mendelson-lelmini@nps.goV>,
blake_androff@ios.doi.gov, Tammy Stidham <Tammy_Stidham@nps.goV>, Ste-.e LeBel <ste've_lebel@nps.goV>,
Carol Johnson <Carol_B_Johnson@nps.goV>, jennlfer_Murnmart@nps.gov, Maureen Foster
<maureen_foster@nps.goV>
David,
FYI, I posted a response at change.org yesterday afternoon which was essentially the statement that you
provided to the Post. As far as I can tell, my response was only sent to Jesse Rauch, the person who started the
petition. I recei-.ed a further response from him just a short time ago which I ha\/0 posted below. I can draft a reply
based but will wait for further information
Earlier this afternoon I suggested that I could post yesterday's statement in the comment section of the various
websites that had run the story. Ste've Whitesell agreed with that strategy but suggested there could be more
information to be added. If Jon is working on a revised statement, it might be better to wait for that. What do you
think?
Peter
Response by Rauch:
Peter, thank you for your email - and I apologize for not responding sooner.
We are interested in the continued operation of Jack's Boathouse, or a similar facili ty. For so many years, we've
been going to Jack's and it came as a big surprise that there were going to be changes to their lease, and the
possibility that the business would close. So, perhaps we can use this opportunity to ask some questions
about what is happening so we can best communicate with the public about what is going on.
Overall, our goal is to see if there is a way to protect the site for continued kayak and canoe rentals, in addition
to other recreational activities on the Potomac, that are aligned with the goals of the National Park Service.
Thus, I wish to ask the following questions:
1) Is the Park Service interested in maintaining the current site of Jack's Boathouse as a canoe/kayak rental
facility?
2) What role does the public ha've in ensuring the type of services wanted at this site is what is provided? In other
words, is there a process for public input ?
3) Has the RFQ been posted yet, and if so, where can it be found?
4) What chances are there of a short-term lease being negoti ated with Mr. Simkin to provide enough time for him
to participate in the RFQ without having to vacate the premises by January 31, 2013?
4) Will the RFQ gi've special consideration to locally-owned small businesses? To be honest, there is fear about
Guest Services, Inc. taking o-ver the site's operati on instead of a small business. There is also fear that the site
will be rede'veloped without consideration gi\.Gn to thi s type of accessible recreational facility.
ttps ://mail.google, com/mail/b/ 152/u/O/?ul=2&1k::f 534 768664&v iew=pt&cat" Jaok's 8o(l!house&search= ... 1/7
8!1100 Mail - Ro: I spoke with tM tcporter WashPost story, deadline toctay
5) Who is the best person to keep in touch with about ongoing developments about Jack's?
I may have other questions, but I wanted to see how ~ r y o n can work together.
Happy holidays. and the best to you and your family.
Jesse B Rauch, Principal II Defying Gravity, LLC
jesse.rauch@gmail.com II @JesseBinDC // 617.335.2185
Peter May
National Park Service - National Capital Region
1100 Ohio Drive SW
(202) 619 7025 - Office
(202) 401 0017 - Fax
peter_ may@nps. gov
On Mon, Dec 24, 2012 at 5:03 PM, Da\oid Barna <david_barna@nps.gov> wrote:
Just spoke t o Jon
He is inthe office crafting a message with guidance from Laura
I wil l get it to the Post and post it on change.erg
Merry chri stmas
Davi d
From: Katherine Kelly [mailto: kate_kelly@ios.dol.gov]
Sent: Monday, December 24, 2012 02:58 PM
To: Sue_Waldron@nps.gov <Sue_Waldron@nps.gov>; Steve_Whitesell @nps.gov
<Steve_Whitesell@nps.gov>; David_Barna@nps.gov <David_Barna@nps.gov>
Cc: Jon_Jarvis@nps.gov <Jon_.Jarvis@nps.gov>; peggy_o'dell@nps.gov <peggy_o'dell @nps.gov>;
lisa_mendelson- iel mini@nps.gov ; bla ke_androff@ios .doi. gov
<blake_androff@ios.doi.gov>; Tammy_Stidham@nps.gov <Tammy_Stidham@nps.gov>; steve_lebcl@nps.gov
<steve_lebel@nps.gov>; peter _may@nps.gov <pel er _may@nps.gov>; Carol_B_,Johnson@nps.gov
<Carol_B_Johnson@nps.gov>; jennifer _Mummart@nps.gov <j ennifer _Mummart@nps.gov>;
. Maureen_Foster@nps.gov <Maureen_Foster@nps.gov>
A few updates after spending a f ew minutes on the internet:
There's a change.erg petition to save jack's boathouse t hat has 1000 si gnatures in 24 hours .. . There's a
similarface book page that now has about 750friends ... And all the local dctv stations are running
stori es where they're onsite and intervi ewing Simkin. He's showing t hem the "form letter" that he rec'd
t hat evicts the business in 30 days - without prior warning - and talks about how hard it is to tell hi s
employees they' re out of jobs, ri ght before Xmas.
Thank you in advance for focusing on thi s first thing weds. morning. Thi s will need a lot of work to get
thi s right and turn public opi ni on around in any meaningful way.
l l ps://m 11il.googl"1. com/m<iil/b/ 152/ u/O/?ul;;2&ik =r 534768664&.v iew=pl&cnt sJlilck's Boalhouse&search .. 2/7
F.19100 M<1il - Ro: I spoke with the reporter WashPost story, demllinc today
From: Suzanne Waldron [mailto:sue_waldron@nps.gov]
To: Steve_Whitesell @nps.gov <Steve_ Whitesell@nps.gov>; David_Barna@nps.gov <David_Barna@nps.gov>
Cc: Kate_Kclly@ios.doi .gov <Kate_Kelly@los.doi.gov>; Jon_Jarvis@nps.gov <Jon_Jarvis@nps.gov>;
Peggy_O'Dell@nps.gov <Peggy_O' Dell@nps.gov>; lisa_mendelson ielmini@nps.gov <lisa_mendelson
ielmini@nps.gov>; Blake_Androff@ios.doi.gov <Blake_Androff@ios. doi.gov>; Tammy _Stidham@nps.gov
<Tammy _Stidham@nps.gov>; steve_lebel@nps.gov <steve_lebel@nps.gov>; peter _may@nps.gov
<peter _may@nps.gov>; Carol_B_Johnson@nps.gov <Carol_B_Johnson@nps.gov>;
jennifer_Mumrnart@nps.gov <jennifer _Mummart@nps.gov>
Sorry to be coming to this l ate
First, Davi d thank you for calling the Post and getting us a coupl e days to get i nformation together.
Steve: can you have whoever in your shop has knowl edge of t hi s - including t he solici t ors' i ssues t hat
apparently changed the content of the letter- get in touch with David earl y Wednesday? Kate's
questi ons are spot on, so he wil l need answers to those and to understand all nuances.
David is in wed-fri day; I am not but avai lable by phone or to come in as needed.
Thi s and people cranky over the mi ssi ng fire pit at chri stmas tree has nps looki ng like grinches.
From: Steve Whitesell [mailto: steve_whitesell@nps.gov]
CC: kate_kelly@ios.doi.gov <kate_kelly@ios.doi.gov>; Jon_Jarvis@nps.gov <Jon_Jarvis@nps.gov>;
peggy_o'dell@nps.gov <peggy_o'dell@nps.gov>; Lisa Mendelson <l isa_rnendelson-ieln1ini@nps.gov>;
david_barna@nps.gov <david_barna@nps.gov>; sue_waldron@nps.gov <sue_waldron@nps.gov>;
blakc_anclroff@ios.doi. gov <blake_androff@ios.doi.gov>; Tammy Stidham <Tarnmy_Stidham@nps.gov>;
. Steve LeBel <steve_lebel@nps.gov>; Peter May <peter_may@nps.gov>; Carol Johnson
<Carol_B_Johnson@nps.gov>
There's a much larger story here as you all can imagine. It is however my fault for having let the letter go. This
is a case where we repeatedly tried to write a letter in plain English for weeks only to have the lawyers tweak
and tweak and tweak. In an effort to get the letter out, I got talked out of writing it so that it would say what it
should.
Here's the back story that Lisa can add depth to if I miss something:
Jack's has been in business for many years owned and operated by Jack Baxter and his wife. The underlying
property was owned or purchased at some point by the Distri ct and operated under lease by the Baxter's. The
property passed to NPS with creation of C&OCanal if I remember correctl y. NPS had the National Park
Foundation assume the Baxter's lease payments as NPS had no means to collect. The lease can only be
transferred to operators, other than the Baxter's with the agreement of NPF and presumably NPS. Baxter's
have both si nce died and the business transferred to Frank Baxter, Jack's son I believe. No approval of transfer
occurred. Frank e\ntually partnered with Paul Simkin the current operator who assumed the operation on
Frank's death. Again the transfer was not agreed to.
If you fast forward to this fall , we were finally trying to convert this situation Into a concession agreement. Our
concession folks had been in discussion with Simkin about a.non-competili\ agreement which would have
lasted several years while we set about doing a permanent concession contract. About this time it came to
Ups ://mail.googlo. comlmall/b/152/u/O/?ul 2&1k =f 53i1768664&v leWl'pt&cat=Jack's Boathouse&search",, . 3/7
ffJQIOO Mail - Re: I spoke wit h the reporter WashPost story , doadll ne todoiy
light that Simkin was illegally living on site in a camper. He was cited by Park Police for disposing of his
human waste in a dumpster. Tue court put him on probation and will expunge the incident from his record
shortly.
Because of Simkin's behavior and the non-legal basis of his current agreement, we decided to cease
negotiations and open up the short term concessions agreement to all. Simkin can chose to apply if he li kes.
It was in crafting the letter notifying Simkin of his need to vacate that I lost control of this issue. As noted, I
should not h ~ let the lawyers craft the letter as they did.
I would recommend that Carol or David contact the Post writer with as much of the real story as we can
pro\lide.
Ste\e
Sent from my iPad
On Dec 24, 2012, at 12:39 PM, Davi d Barna <da\/id_barna@nps.gov> wrote:
She wi II hol d off t i II thrusday if possibl e but wants to know what i s goi ng on with t hi s l ease
If she is pushed to run a story soon she wi ll call me
David
From: Katherine Kelly [mailto:kate_kelly@ios.doi.gov]
Cc: Sue_ W aldron@nps.gov <Sue_ W a ldron@nps.gov>; bla ke_androff@ios.do I.gov
Barna - can you call t he re porter and ask for her to hold off unti I t hurs or so on a foll owu p?
She shd appreci ate that t he f ederal gov't is closed for the next two days and that you need
certai n peopl e on l i ne t o help t ell an accurate story. I t hi nk you can t ell her that she's onl y
hearing one side .. . But you need more t i me t o track down NPS's si de to get it ri ght.
from: David Barna [mailto:david_barna@nps. gov]
To: Katherine Kelly <kate_kelly@ios. doi.gov>; Steve Whitesell <Steve_Whitesell@nps. gov>;
Carol Johnson <carol_b_johnson@nps.gov>; Lisa Mendelson-ielmini <Usa_Mendelson-
Ielmini@nps. gov>; David Barna <David_Barna@nps. gov>
Cc: blake_androff@ios.doi. gov <blake_androff@ios.doi. gov>; peggy_o'dell@nps.gov
Subject: Steve see note from OOI Re: WashPost story, deadline today
I know we had signifi cant issues with him but doubt t h ~ t we can go public with the accusations.
Davi d
ltps ://mall. google. com/ mail/bi 152/u/Ol ?ul=2&ik=f 534 766664&v iew=pt&cm .,Jack's Boathouse&search= ... 417
ERIOR Mall - Re: I spoke wll h ttie reporlar WashPost story , deactll ne tod11y
On Dec 24, 201 2, at 11 :05 AM, Katherine Kelly <kate_kelly@ios.doi.goV> wrote:
Today' s story was pretty awful for t he Park. NPS comes across as job- ki ll ers
that don't have a very cl ear reason for rescinding the lease. Sounds l i ke the
letter came wi thout warning- and right before Xmas.
Wi t hout knowi ng any detail s about the how and why here, I'd suggest that
NPS try and do some cl eanup with t hi s second story.,, Or risk seei ng a
negat i ve WaPo editori al and many fol low-ups.
Do you all have a pl an of acti on, or more re l evant det ai ls?
I' m happy to hop on t he phone wi t h you al l. Let me know.
From: Allison Kl ein [mailto:kleinallison@washpost. com]
To: David Barna <david_barna@nps. gov>
CC: blake_androff@ios.doi. gov <blake_androff@los. doi .gov>;
kate_kelly@ios .doi. gov <kate_kelly@ios. doi, gov>; peggy _o'dell @nps. gov
<peggy_o'dell @nps.gov>; sue_waldron@nps.gov <sue_waldron@nps.gov>
David and Lisa,
Thank you for your statement last night. Are you available for a few qui ck follow-up
questions?
Thank you.
Allison
Allison Klein
Reporter
The Washington Post
703-518-3019
Fl'Om: David Barna <david_barna@nps.gov>
To; <kf ei nal lison@wa!';l)post.com >, <t1<1vill_Dnma@nps.gov>. <kate_kell y@ios.doi .gov>,
<pcggy_o'dell @nps.gov>, <blako_androtr@ios.dol .gov>
!Jato: 12/23/2012 07:16 PM
Subjoct: Fw: WashPost story, deadline today
From: Lisa Mendelson-Ielmini [ mailto: ljsa mendelson-ielmini@oos.gov]
ttps ://mall.google. com/m311/b/ 152/u/O/?ul 2&1k =f 534 766664&v lew=pt&cal =Jack's Eloalhouse&seorch"' ... 5/7
Elel<DR Mail - Ro: I spoke with the reporter WeshPost story , deadline today
To: David Barna <davjd barna@nps.gov>
Cc: Steve Whitesell <Steve whjtesell @nps.gov>
concession contract. This concession will be announced within a few
a concession will be complete by February 1, 2013, and we
202-297-1338 cell
202-619-7023 office
On Dec 23, 2012, at 4:26 PM, David Barna <dayjdbarna@nps.gov>
wrote:
David
David Barna
Chief Spokesman
Washington DC
Hi Kathy and David,
I am writing a story that will be in the paper tomorrow about NP S's
like to include in mystorywhythe contract is being terminated, as the
letter NPS sent to the owner did not explai n why. I am sorry for the
617
f.lel<DR Mail - Ro: I spoke wi th the report er WashPost story, deadline today
Please email me or call me on my cell phone at your earliest
conveni ence, 202-222-5815.
Thank you.
Allison Klein
Reporter
The Washington Post
ttps ://m ail .google. com/maillb/152/u/O/?ui=2&ik" f 534 768664&v low pt&cat=Jack's Boathouse&scorch= ... 717
(b) (6)
(b) (6)
13WU1ARTMENT OF THE INTERI OR Mall Why I signed Jack's Is part of
Why I signed is part of
<mail@change.org>
Dear Steve Whitesell , Regional Director (National Park SenAce),
Mon, Dec 24, 2012 at 5: 11 PM
I j ust signed Jesse B Rauch's petition "National Park Ser\lice: Sa1,oe Jack's Boathouse from Closure!" on
Change. org.
Jack's is part of Washington! The man I married took me there on one of our first dates. It's run by wonderful
people, and unlike other places where yoL1 can actually keep your boat, it's open to e1,oeryone .
....
Bethesda, Maryland
http://www.change.org/petitions/national-park-ser\oicG-save-jack-s-boathouse-from-closure?response=
29a27107fe 70
ttps://mail.googlo.com/mall/b/ 1(i2/u/O/?ui=2&ik=f 534766664&v lew=pt&cat=Jaok' s Boathovse&search= ... 111
(b) (6)
(b) (6)
IAl1flN1ENT OF THE INTERIOR Mall - Why I signed Jacks has boon there
Why I signed ... Jacks has been there

Dear Ste1& Whitesell, Regional Director (National Park Service),
Mon, Dec 24, 2012 at 5:09 PM
Change. org.
Jacks has been there since 45. Just as much of a DC landmark as the kennedy center. You are killing jobs
with no explanation, no cause. The least you could do is explain why you're doing it. It's wrong .
..,nia
29a27107fe70
ttps ://mall.google.com/mail/b/ 152/u/O/ ?ui=2&ik =f 534i68664&v iew=pt&cat " Jack's Boathouse&search= .. 1/1
130/ 1l>EPARTMENT OF THE INTERIOR Mail - Fw: Jon Is issuing statement
Fw: Jon is issuing statement
David Barna <david_barna@nps.goV>
To: steve_whltesell@nps.gov
- Original Message -
From: Katherine Kelly [mailto: kate_kell y@ios.doi .gov)
To: david_barna@nps.gov <david_barna@nps.gov.>; Maureen_Foster@nps.gov
<Maurecn_Foster@nps.gov.>: Sue_Waldron@nps.gov <Sue_Waldron@nps.gov.>
Subject : Re: Jon is issuing statement
Once this Is done, does anyone h ~ the ability to reach out to Simkin?
Would be ideal to hear directly from the NPS - rather than reading about
it in the paper.
From: David Barna [mailto:dallid_barna@nps.gov)
To: maureen _foster@nps.gov <maureen_foster@nps.gov.>:
kate_kelly@ios.doi.gov <kate_kelly@ios.doi .gov.>; sue_waldron@nps.gov
<sue_waldron@nps.gov.>
Subject: Re: Jon is issuing statement
Talked to jonm
We are all o ~ r this
D
From: Maureen Foster [mailto: maureen_foster@nps.gov]
To: David Barna <David_Barna@nps.gov.>
Subject: Jon is issuing statement
Just talked to Laura again. She just wanted me to check with you to
ensure that Jon reaches out to you.
Merry Xmas.
Maureen D. Foster
202.208.5970
ttps ://mai l.google. eom/mail/b/152/u/O/?ui112&1k; f 534 768664&v iaw=pt&eat=Jack's Boathouse&search= .. .
Mon, Dec 24, 201 2 at 5:09 PM
1/1
Mall Re.: I spoke With the reporter WashPost story , deadlino today
David Barna <david_barna@nps.goV> Mon, Dec 24, 2012 at 5:03 PM
To: kate_kelly@ios.doi.gov. sue_waldron@nps.gov, ste'Ae_whitesell @nps.gov
Cc: Jon_Jarvis@nps.gov, peggy _o'dell@nps.gov, li sa_mendelson-ielmini@nps.gov, blake_androff@ios.doi.gov,
Tammy_Stidham@nps.gov, ste\e_lebel@nps.gov. peter_may@nps.gov, Carol_B_Johnson@nps.gov,
jennifer _Mum mart@nps.gov, maureen_fos ter@nps.gov
Just spoke to Jon
He i s inthe office crafti ng a message with guidance from Laura
I will get i t to the Post and post it on change.erg
Merry chri stmas
David
From: Katherine Kelly [mailto: kate_kelly@ios.doi.gov]
To: Sue_Waldron@nps.gov <Sue_Waldron@nps.gov>; Steve_Whitesell@nps.gov <Steve_Whitesell@nps.gov>;
David_Barna@nps.gov <David_Barna@nps.gov>
Cc: Jon_Jarvis@nps.gov <Jon_Jarvis@nps.gov>; peggy_o'dell @nps.gov <peggy_o'dell@nps.gov>;
lisa_mcndelsonielmini@nps.gov <l isa_mendelson-ielmini@nps.gov>; blake_androff@ios.doi .gov
<blake_androff@ios.doi.gov>; Tammy_Stidham@nps.gov <Tammy_Stidham@nps.gov>; steve_lebel@nps.gov
<steve_lebel@nps.gov>; petcr _may@nps.gov <peter_may@nps.gov>; Carol_B_Johnson@nps.gov
<Carol_B_Johnson@nps.gov>; jennifer _Mummart@nps.gov <jennifer _Mummart@nps.gov>;
Maurecn_Foster@nps.gov <Maurecn_Foster@nps.gov>
A f ew updates after spending a few minutes on the internet:
There's a change.org petition to save jack' s boathouse that has 1000 si gnatures in 24 hours ... There's a
simi lar face book page that now has about 750 frie nds ... And all the l ocal de tv stations are running stori es
where they're onsite and intervi ewing Simki n. He' s showing them the "form l etter
11
that he rec'd that
evi cts the business in 30 days - without pri or warning- and talks about how hard it is to tell his employees
they' re out of jobs, ri ght before Xmas.
Thank you in advance for focusi ng on this first thi ng weds. morning. Thi s will need a l ot of work to get thi s
right and turn public opinion around in any meaningful way.
From: Suzanne Waldron [mai lto:sue_waldron@nps.gov)
To: Steve_Whitesell @nps.gov <Steve_Whitesell@nps.gov>; David_Barna@nps.gov <David_Barna@nps.gov>
Cc: Kate_Kelly@ios.doi.gov <Kate_Kelly@ios.doi. gov>; Jon_Jarvis@nps.gov <Jon_Jarvis@nps.gov>;
Peggy_O'Dell @nps. gov <Peggy_O'Dell@nps.gov>; lisa_mendelson-ielmi ni@nps.gov <lisa_mendelson-
ielmini@nps.gov>; Blake_Androff@ios.doi.gov <Blake_Androff@ios.doi .gov>; Tammy_Stidham@nps.gov
<Tammy_Stidharn@nps.gov>; steve_lebel@nps.gov <steve_lebel@nps.gov>; peter _may@nps.gov
<peter _may@nps.gov>; Carol_B_Johnson@nps.gov <Carol_B_Johnson@nps.gov>; j ennifer _Mummart@nps.gov
ttps ://mail.googlo. com/mail/bl 152/u/O/?ul2&ik=f 534 768664&v iew=pt&cat sJack's .. . 1/5
F.:fflfl!)R Mail - Re;: I spoke wi th the reporter WMhPost story , dQadllne today
<jennifer _Mummart@nps.gov>
Sorry to be coming t o this lat e
First, David t hank you for calling t he Post and getti ng us a coupl e days to get i nformati on together.
Sl cve : can you have whoever i n your shop has knowledge of this - i ncluding t he solicitors' iSSlt es that
apparent ly changed the content of t he l etter - get in touch wit h David e<i rly Wednesday? Kat e's questions
are spot on, so he wil l need answers to t hose and t o understand al l nuances.
David is i n wed-friday; I am not but avai l able by phone or t o come in as needed.
Thi s and peopl e cranky over the mi ssing f irepi t at christmas t ree has nps looking like grinches.
Cc: kate_kelly@ios.doi. gov <kate_kell y@ios.doi.gov>; Jon_Jarvis@nps.gov <Jon_Jarvis@nps.gov>;
peggy_o'dell @nps.gov <peggy_o'dell @nps.gov>; Lisa Mendelson <lisa_mendelson ielmini @nps.gov>;
blake_androff@ios.dol.gov <blakc_androff@ios.doi .gov>; Tammy Stidham <Tammy_Stidham@nps.gov>; Steve
LeBel <steve_lebel@nps.gov>; Peter May <peter_may@nps.gov>; Carol Johnson <Carol_B_Johnson@nps.gov>
There's a much larger story here as you all can imagine. It is however my fault for ha\oing let the letter go. This is
a case where we repeatedly tried to wri te a letter in plain English for weeks only to have the lawyers tweak and
tweak and tweak. In an effort to get the letter out, I got talked out of writing it so that it would say what it should.
property was owned or purchased at some point by the District and operated under lease by the Baxter's. The
property passed to NPS with creation of C&OCanal if I remember correctly. NPS had the National Park
transferred to operators, other than the Baxter's with the agreement of NPF and presumably NPS. Baxter's have
both since died and the business transferred to Frank Baxter, Jack's son I believe. No approval of transfer
occurred. Frank eventually partnered with Paul Simkin the current operator who assumed the operation on
If you fast forward to this fall, we were finally trying to convert this situation into a concession agreement. Our
concession folks had been in discussion with Simkin about a non-competitive agreement which would have
lasted several years while we set about doing a permanent concession contract. About this time it came to light
that Simkin was illegally living on site in a camper. He was cited by Park Police for disposing of his human
waste In a dumpster. The court put him on probation and will expunge the incident from his record shortly.
Because of Simkin's behavior and the n o n ~ l e g l basis of his current agreement, we decided to cease negotiations
and open up the short term concessions agreement to all. Simkin can chose to apply if he likes. It was in
crafting the letter notifying Simkin of his need to vacate that I lost control of this issue. As noted, I should not
have let the lawyers craft the letter as they did.
I would recommend that Carol or Da\oid contact the Post writer with as much of the real story as we can provide.
Steve
ltpa ://mail.googlo. com/mail/b/152/u/O/?ul 2&ik =f 534 768664&v lew:=pt&cat=Jack's Boathouse&soarch" ... 215
Elellf)R Mail - Re: I ~ p o k wi th the raortcr WashPost story , doadllna today
Sent from my iPad
On Dec 24, 2012, at 12:39 PM, Da\Ad Barna <da"1d_barno@nps'.gov> wrote:
She wi ll hold off till thrusday i f possible but wants to know what is going on with thi s l ease
If she is pushed to run a story soon she will call me
David
Cc: Sue_Waldron@nps.gov <Sue_Waldron@nps.gov>; blake_androff@ios.doi.gov
Barna can you call the reporter and ask for her to hold off until t hurs or so on a fol lowup?
She shd appreciate that the federal gov't is closed for the next two days and that you need
certai n peopl e online to help tell an accurate story. I think you can tell her that she's only
heari ng one side ... But you need more time to track down NPS' s side to get it r ight.
From: David Barna [ mailto: david_barna@nps.gov]
To: Katherine Kelly <kate_kelly@ios. doi.gov>; Steve Whitesell <St eve_Whitesell @nps.gov>; Carol
Johnson <carol_bjohnson@nps.gov>; Usa Mendelson-lelmini <Usa_Mendelson-Ielmini@nps.gov>;
David Barna <David_Barna@nps.gov>
<peggy_o'dell@nps.gov>; Sue_Waldron@nps.gov <Sue_Waldron@nps.gov>
I heard second hand about this issue and not sure what we can say. if anything.
Da\Ad
On Dec 24, 2012, at 11 :05 AM, Katherine Kelly <kate_kelly@ios .doi .gov> wrote:
Today' s story was pretty awful for the Park. N PS comes across as job-kill ers that
don't have a very clear reason for resci ndi ng the l ease. Sounds l ike the l etter
came without warning - and right before Xmas.
Without knowing any details about the how and why here, I'd suggest that NPS
try and do some cleanup with this second story .. . Or risk seeing a negative
WaPo editorial and many follow- ups.
ttps ://mai l.google.com/malllb/152/u/O/?ul,,2&1k=f 534 768664&v lew=pt&cat =Jack's 6oathouso&se11rch= ... 3/5
SQllDR Mall Re: I spoke with the reporter WashPo5l story , deadline today
Do you all have a plan of acti on, or more relevant detai ls?
I'm happy to hop on t he phone with you all. Let me know.
From: Allison Kl ein [mailto: klei nall ison@washpost.com]
Cc: blake_androff@ios.doi.gov <blake_androff@ios.doi.gov>; kate_kelly@ios.doi.gov
<kate_kelly@ios.doi.gov>; peggy_o'dell @nps.gov <peggy_o'dell@nps.gov>;
David and Lisa,
questions?
Thank you.
Allison
Allison Klein
Reporter
The Washington Post
703-518-3019
rrom; oavi d Barna <david_bArna@nps.gov>
To <kl elnallison@waSipost.com>, <davi<J_Darna@nps.gov>, <katc_l<etly@ioi;.dol.gov>.
<sue_waldron@nps.gov>, <peggy _o'del l@nps.gov>, <ble!IA_androff@ios.doi .gov>
Dale: 12/23/ 2012 07:16 PM
Subject: Fw: WashPost story, deadl i ne today
From: Lisa Mendelson-Ielmini [mailto: lisa mendelson-ielmini@nps.gm!]
To: David Barna <gavid barna@nps.gov>
Cc: Steve Whitesell <steve whitesell @nps.gov>
River are important to the NPS and thus will be offered as a concession
contract. This concession will be announced within a few days through a
ttps://rnail.google. corn/ rnail/b/152/u/0/7ul=2&1k=f 534 766664&v Jew=pt&cal =Jack's Eloathousc&search= ... 4/5
Eml 4>R Mail - R<.:.: I spoke with the roporter WashPost story, deadline today
fair and open process. Mr. Simkin is free to submit a proposal for
the opportunity to operate the concession. A Request for Qualifications
will be announced within a few days. The conversion to a concession
will be complete by February 1. 2013, and we anticipate no interruption
of service at the site."
202-297-1 338 cell
202-619-7023 office
On Dec 23, 2012, at 4:26 PM, David Barna <davidwbarna@nps.go\l>
wrote:
David
David Barna
Chief Spokesman
Washington DC
<kJejnallison@washpost.com> wrote:
Hi Kathy and David,
letter NPS sent to the owner did not explain why. I am sorry for the short
notice, the story was just assigned to me.
Thank you.
Allison Klein
Reporter
The Washington Post
ttps ://mall.google. com/mail/bl 152/u/O/?ui=2&ik=f 634768664&v iew"pt&cat =Jack's Boathouse&seareh= . , 5/5
(b) (6)
(b) (6)
6011'14>F THE INTERIOR Mail - Why I s igned - Jack's Boathouse has boon
Why I signed ... Jack's Boathouse has been
<mai l@change.org>
Dear Whitesell , Regional Director (National Park Service),
Mon, Dec 24, 201 2 at 5:02 PM
I just signed Jesse B Rauch's petition "Natiom)I Park Service: Save Jack's Boathouse from Closure!" on
Change.erg.
Jack's Boathouse has been an institution here fore1,er. I went to high school dances there in the '60s!
Sincerely,
Herndon, Virginia
Rauch by cllcklng here:

29a27107fe70
ltps://mall. google.com/m11ll/ b/ 152/u/O/?ul=2&ik=f 53'176B664&v ieW=pt&eat =Jack's Boathollse&search;;;, .. 1/1
(b) (6)
(b) (6)
l llQZIPAIRTMENT OF THE INTERIOR Mail Why I -- This is a well-run,
Why I signed -- This is a well-run,
<mail@change.org>
Dear Ste1,e Whitesell, Regional Director (National Park Sel\lice),
Mon, Dec 24, 2012 at 5:01 PM
I just signed Jesse B Rauch's petition ''National Park Service: Sa1,e Jack's Boathouse from Closure!" on
Change.org.
This is a well-run, excellent business and should be left in peace!
Sincerely,
Si lver Spring, Maryland

29a27107fe70
ltps ://mall.googlo.oom/m1111/b/1 62/u/O/?ui=2&ik=I 634 768664&v lew=pt&cat =Jack's Boathouse&search= ... 1/1
SQ/OR Mail Ro: I spoke with the reporter W:ishPost story, deadline today
Katherine Kelly <kate_kelly@ios.dol.gov> Mon, Dec 24, 2012 at 4:58 PM
To: Sue_Waldron@nps.gov, Steve_Whitesell @nps.gov, David_Bama@nps.gov
Cc: Jon_Jar\'is@nps.gov, peggy _o'dell @nps.gov, lisa_mendelson-ielmi ni@nps.gov, blake_androff@ios.doi.gov,
Tam my_ S tidham@nps.gov. ste'.A;l _lebel@nps.gov, peter _may@nps.gov, Carol_B _ Johnson@nps.gov,
jennifer _ Mummart@nps.gov, Maureen_Foster@nps.gov
A few updates after spending a few minutes on the internet:
There's a change.org petition to save jack's boathouse that has 1000 signatures in 24 hours ... There's a
simil ar face book page that now has about 750 friends ... And all the local de tv stations are running stories
where they're onsite and interviewing Simkin. He's showing them the "form letter" that he rec'd t hat
evicts the business in 30 days - without prior warning and talks about how hard it is to tell his employees
they're out of jobs, right before Xmas.
Thank you in advance for focusing on this first t hing weds. morning. This wi ll need a lot of work to get this
right and turn public opinion around in any meaningful way.
From: Suzanne Waldron [mailto:sue_waldron@nps.gov]
To: Steve_Whitesell@nps.gov <Steve_Whitesell@nps.gov>; David_Barna@nps.gov <David_Barna@nps.gov>
Cc: Kate_Kelly@ios.doi.gov <Kate_Kelly@ios.doi.gov>; Jon_Jarvis@nps.gov <Jon_Jarvis@nps.gov>;
Peggy_O'Dell @nps.gov <Peggy_O'Dell@nps.gov>; lisa_mendelson-ielmini @nps.gov <lisa_mendelson-
ielmini@nps.gov>; Blake_Androff@ios.doi.gov <Blake_Androff@ios.dol .gov>; Tammy_Stidham@nps.gov
<Tammy_Stidham@nps.gov>; steve_lebel@nps.gov <steve_lebel@nps.gov>; peter _may@nps.gov
<peter_may@nps.gov>; Carol_B_Johnson@nps.gov <Carol_B_Jollnson@nps.gov>; jennifer _Mummart@nps.gov
<jennifer _Mumrnart@nps.gov>
Sorry to be coming to this late
First, David thank you for calli ng the Post and getting us a couple days to get information together.
Steve: can you have whoever in your shop has knowledge of this - including the solicitors' issues that
apparentl y changed the content of the letter - get in touch with David early Wednesday? Kate's questions
are spot on, so he will need answers to those and to understand all nuances.
David is in wed-friday; I am not but avai lable by phone or to come in as needed.
This and people cranky over the missing fire pit at christmas tree has nps looking l ike grinches.
lips ://mall. google.com/mail/b/ 152/u/O/?ul 2&1k=f 534 76B664&v lewapl&cal =Jack'$ Boathouse&searCh" .,, 1/5
EIQl lDR Mail Re: I spoke with the reporter WashPost story, deadline today
Cc: kate_kelly@ios.doi.gov <kate_kelly@ios.doi.gov>; Jon_Jarvis@nps.gov <Jon_Jarvis@nps.gov>;
peggy_o'dell@nps.gov <peggy_o'dell @nps.gov>; Lisa Mendelson <lisa_mendelson ielmini@nps.gov>;
blake_androff@ios.doi.gov <blake_androff@ios.doi.gov>; Tammy Stidham <Tammy_Stidham@nps.gov>; Steve
LeBel <steve_lebel@nps.gov>; Peter May <peter _may@nps.gov>; Carol Johnson <Carol_B_Johnson@nps.gov>
There's a much larger story here as you all can imagine. It is however my fault for having let the letter go. This is
a case where we repeatedly tried to write a letter in plain English for weeks only to have the lawyers tweak and
Here's the back story that Lisa can add depth to if I miss somet.hing:
J.ack's has been in business for many years owned and operated by Jack Baxter and his wife. The underlying
transferred to operators. other than the Baxter's with the agreement of NPF and presumably NPS. Baxter's have
occurred. Frank eventually partnered with Paul Simkin the current operator who assumed the operation on
If you fast forward to this fall , we were finally trying to convert this situation into a concession agreement. Our
concession folks had been in discussion with Simkin about a non-competiti\te agreement which would have
lasted several years whi le we set about doing a permanent concession contract. About this time it came to light
that Simki n was illegally living on site in a camper. He was cited by Park Poli ce for disposing of his human
waste in a dumpster. The court put him on probation and will expunge the incident from his record shortly.
Because of Sim kin's behavior and the non-legal basis of his current agreement, we decided to cease negotiations
and open up the short term concessions agreement to all. Simkin can chose to apply if he likes. It was in
ha-.e let the lawyers craft the letter as they did.
I would recommend that Carol or David contact the Post writer wi th as much of the real story as we can provide.
Steve
Sent from my iPad
On Dec 24, 2012, at 12:39 PM, David Barna <da'Ad_barna@nps.goV> wrote:
She will hol d off ti ll t hrusday if possible but wants to know what is goinB on with thi s l ease
If she i s pushed to run a story soon she will call me
David
<blake_androff@los.doi .gov>
Barna - can you cal I the reporter and ask for her to hol d off unti l t hurs or so on a foll owup?
llps://mall.google.com/maillb/152/u/Ol?ul;;2&ik =r 534 76B664&v lew=pt &cat=Jaok's Boathousa&search .,. 2/5
Blil/00 Mllil Re: I spoke wiih the rCJporter WDshPosl story , deadline tod3y
She shd appreci ate that the federal gov't is closed for the next t wo days and that you need
certain peopl e online to help tell an accurate story. I t hi nk you can tell her that she's only
hearing one si de ... But you need more t ime to track down NPS's side to get it right.
From: David Barna [mailto: david_barna@nps.gov]
sent: Monday, December 24, 2012 09: 11 AM
To: Katherine Kelly <kate_kelly@ios.doi.gov>; Steve Whitesell <Steve_Whitescll @nps.gov>; Carol
Johnson <carol_b_johnson@nps.gov>; Lisa Mendelson-iel mini <Lisa_Mcndelson-Ielmini@nps.gov>;
a ~ d
On Dec 24, 2012, at 11 :05 AM, Katherine Kelly <kate_kell y@ios.doi.goV> wrote:
Today's story was pretty awful for the Parl<. N PS comes across as job-ki ll ers that
don't have a very cl ear reason for rescinding t he lease. Sounds like the l etter
Without knowing any detail s about the how and why here, I'd suggest that NPS
try and do some cl eanup with this second story ... Or risk seeing a negative
WaPo edi torial and many follow-ups.
Do you all have a plan of action, or more rel ev<int detai ls?
From: Allison Klein [mailto:klelnall ison@washpost.com]
CC: blake_androff@ios.doi.gov <blake_androff@ios.doi.gov>; kate_kelly@ios.doi.gov
<kate_kelly@ios.doi.gov>; peggy_o'dell@nps.gov .<peggy_o'dell@nps.gov>;
Da\.1d and Lisa,
questions?
lips ://mall.google. com/ mail/b/ 152/u/Ol?ul 2&1k=f 534 76B664&v iavr-pt&cat ;:Jack's BoalhOuso&search= ... 3/5
!Bel <DR Mail - Re: I spoke with the reporter WashPost story, deadli ne today
Thank you.
Allison
Allison Klein
Reporter
Tue Washington Post
703-518-3019
Fro11i . David Barna <dav1d_bama@nps.gov>
To: <kleinallison@waci1post.com>, <doivid barna@nps.gov>, <l<atu_l<Glly@ios.doi .gov>,
<sue woldron@nps.gov>, <peggy o'dell@nps.gov>, <blRkA androff@los.doi .gov>
Dale: 12/23/2012 07:16 PM
Subjoct Fw: Watt1Post story, deadli ne today
from: Lisa Mendelson-Ielmini [mailto: lisa mendelson-ielmini@ops.gov]
To: David Barna <david barna@ops.gov>
Cc: Steve Whltesell <steye whitesell@nps.gQV>
202-297-1338 cell
202-619-7023 office
wrote:
4/5
David
David Barna
Chief Spokesman
Washington DC
<kleinaUi son@washpost.com> wrote:
Hi Kathy and David,
Thank you.
Allison Klein
Reporter
The Washington Post
(b) (6)
(b) (6)
RllME!INT ,OF THE INTERIOR Mail Why I signed Outdoor rec and t1lstory
Why I signed -- Outdoor rec and history
<mail@change.org>
Mon, Dec 24, 2012 at 4:58 PM
Change.org.
Outdoor rec and history are integral parts of the US and the NPSI
---
McLean, Virginia
http://www.change.org/petitions/national-park-ser\.1ce-sa\-jack-s-boat house-from-closure?response--
29a27107fe70
lips ://mall. google.com/mall/b/152/u/O/?ui=2&1k=I 534 768661\&v iew=pt&cat =Jack 's Boathouse&search= .. .
111
(b) (6)
(b) (6)
(b) (6)
ltlell'MENT OF THE INTERIOR Mall - Why I signed - Jack's Boathouso Is :i
Why I signed Jack's Boathouse is a
mall@change.org>
To: Ste\19_Whitesell@nps.gov
Dear Ste\19 Whitesell, Regional Director (National Park Service),
Mon, Dec 24, 2012 at 4:46 PM
I just signed Jesse B Rauch's petition "National Park Service: Sa-ve Jack's Boathouse from Closure!" on
Change.org.
Jack's Boathouse is a local treasure. Please save it.
...
http://www.change.org/petitions/national-park-service-sa-..e-jack-s-boathouse-from-closure?response=
29a27107fe 70
ttps: II mail. google. com/ m 311/b/ 152/u/O/?ui=2&1k ::( 634 768664& v lew=pt&c;;i t " Jack's Boathous c&seilrc h= ...
1/1
(b) (6)
(b) (6)
MENT OF THE! INTERIOR Mall - Why I signed It's an Institution! Business
Why I signed -- It's an institution! Business
mail@change.org>
nps.gov
Dear Steve Whitesell, Regional Director (National Park Serv1ce),
Mon, Dec 24, 2012 at 4:46 PM
Change.org.
It's an institution! Business is booming, they are paying their bil ls, there is NOTHING wrong with this
business. It harms nobody and brings joy to all .
http://www.changc.org/peti tions/national-park-service-savo-jack-s-boathouse-from-closure?response=
29a27107fe70
ttps://mail.googlc.com/mall/b/1 52/u/O/?ui=2&ik=l 634768664&v lew=pt&cat::Jack's
130114 DEPARTMENT OF THE INTERIOR Mail - If thoro is a call on this
If there is a call on this
Maureen Foster <maureen_foster@nps.goV> Mon, Dec 24, 2012 at 4:45 PM
To: Steve Whitesell <Steve_Whitesell@nps.go\/.>, Lisa Mendelson-lelmini Sue
Waldron <Sue_Waldron@nps.goV>, Peggy O'Dell <Peggy_O'Dell@nps.gov>
Pl ease loop me in. Laura Da\As called me today about it. I want to be
on the call.
Maureen D. Foster
National Park Ser\Ace
202.208.5970
ltps:llmail.google.com/malllb/ 152/u/O/?ui=2&ik=f 534766664&v iew=pt&cat=Jack's Boathouse&seafCh" 111
(b) (6)
(b) (6)
lllHNT40F THE INTERIOR Mail - Why I signed - Jack's Boathouse was one
Why I signed -- Jack's Boathouse was one
<mail@change.org>
Mon, Dec 24, 2012 at 4:38 PM
Change.org.
Jack's Boathouse was one of places I used frequently when I lived in Georgetown In the 60's. It allowed me to
continue something I enjoyed when growing up in Vermont - canoeing and getting onto the peaceful Potomac
River. When I read the present owner invested most of his retirement monies in this devastat ing economy in
the business only to lose it, is sickening.
---
Rock\oille, Maryland
http://www.change.org/petitions/nalional-park-servfce-sa\oe-jack-s-boathouse-from-closure?response=
29a27107fo70
llps;//mail.google.com/malllb/152/u/ O/?ui=2&1k"'f534766664&view=pt&cm" Jack's BoathOuse&search= ...
1/1
(b) (6)
(b) (6)
130114

511
Why I signed -- Jack's Boathouse is the
<mail@change.org>
Mon, Dec 24, 2012 at 4:37 PM
I just signed Jesse B Rauch's petition "National Park Ser\.1ce: Save Jack's Boathouse from Closure!" on
Change.erg.
Jack's Boathouse is the only truly affordable way to paddle a touring kayak in the immediate Washington area
wi thout making a major investment in lessons and gear and scheduling a trip in advance, rather than doing a
spur-of-the-moment water activity. Also, it Is convenientl y located close to both the C&O and Capital Crescent
trai l.
---
Silver Spring, Maryland
http://www.change.org/petitions/national-park-service-save-jack-s-boathouse-frornclosLire?response=
29a27107fe 70
ttps :/lmall.google. com I maillb/162/u/0/?ui=2&ik=( 634 768664&v iew=pt&cat=Jack 's Boathouse&s earch'".,.
(b) (6)
(b) (6)
/80/f'PRIOR a ~ - 25 more people signed: Jesse hebert, James Williford ...
25 more people signed: jesse hebert, James Williford ...
<mai l@change.org>
Mon, Dec 24, 2012 at 4:36 PM
25 people recently add their names to Jesse B Rauch's petition "National Park Service: Sa1;e Jack's Boathouse
from Closure!". That means more than 500 people have signed on.
http://www.change.org/pctitions/national-park-service-sal.(}-je'lck-s-boathouse-from-closure?response=
29a27107Fe70
Dear Stewi Whitesell , Regional Director (National Park Service),
notified that their lease was being rescinded. Operating since 1945 on the banks of the Potomac River.
offeri ng canoe and kayak rental , Jack's Boathouse has become a fa'vOrite destination for Washington, DC's
District of Columbia transferred jurisdi ction OWlr certai n property along the Georgetown Waterfront to the
National Park Ser.1ce. No reasons were provided. We, fans and devotees of Jack's Boathouse hereby declare
providing recreat ional acti\.ities along the Potomac Ri-.er.
Sincerely,
n, Virginia
vi lle, Maryland
le, Maryland
, Maryland
rch. Virginia
YATTSVILLE, Maryland
hurch. Virginia
gton, Distri ct Of Columbia
Market, Maryland
n. Virginia
irginia
Maryland
andria, Virginia
lington, Virginia
burg, Maryland
r Spring, Maryland
etown, South Carolina
ton, District Of Columbia
hesda. Maryland
gton, Virginia
Northridge, California
llps ://moil. google. com/mail/bl 152/u/O/?ul=2&11<=f 634 766664& v leW"pt&cat =Jack s Boathouso&search= .. .
1/ 2
(b) (6)
INTERIOR ~ a ; 25 more people signed: Jesse heberl, James Willif ord ...
shington, District Of Columbia
ashington, District Of Columbia
oston, Massachusetts
Kensington, Maryland
ttps ://mall .google.com/mail/b/ 152/u/O/?ul=2&1K=f 634 768664&v levr-pt&cat =Jack's Bo<:ithouse&seorch",,,
212
ERIOR Mail - Re: I spoke with tho reporter WashPost story, deadline today
Suzanne Waldron <sue_waldron@nps.goV> Mon, Dec 24, 2012 at 4:36 PM
To: Steve_Whitesell@nps.gov, David_Barna@nps.gov
Cc: Kate_Kelly@ios .doi .gov, Jon_Jarvis@nps.gov, Peggy_ O'Dell@nps.gov, lisa_mendelson-ielmini@nps.gov,
Blake_Androff@ios.doi.gov, Tammy_Stidham@nps.gov, steve_lebel@nps.gov. peter_may@nps.gov,
Carol_B _ Johnson@nps.gov, j ennifer _Mum mart@nps.gov
Sorry lo be comi ng to this late
First, David thank you for calli ng the Post and getting us a coupl e days to get information together.
s't eve: can you have whoever in your shop has knowledge of thi s - including the sol icitors' i ssues that
apparently changed the content of the l etter - get in touch with David early Wednesday? Kate's questions
are spot on, so he will need answers to those and to understand al l nuances.
David is in wed-friday; I am not but avail able by phone or to come in as needed.
Thi s and peopl e cranky over the mi ssi ng firepit at christmas t ree has nps looking like grinches.
Sent : Monday, December 24, 2012 03:25 PM
Cc: kate_kelly@ios.doi.gov <kate_kelly@ios.doi.gov>; Jon_Jarvis@nps.gov <Jon_Jarvis@nps.gov>;
peggy_o'dell@nps.gov <peggy_o'dell@nps.gov>; Lisa Mendelson <lisa_mendelson-ielmi ni@nps.gov>;
blake_androff@ios.doi.gov <blake_androff@ios.doi.gov>; Tammy Stidham <Tammy_Stidham@nps.gov>; Steve
LeBel <steve_lebel@nps.gov>; Peter May <peter_may@nps.gov>; Carol Johnson <Carol_B_Johnson@nps.gov>
There's a much larger story here as you all can imagine. It is however my fault for having let the letter go. Thi s is
a case where we repeatedly tried to write a letter in plain English for weeks only to have the lawyers tweak and
transferred to operators, other than the Baxter's with the agreement of NPF and presumably NPS. Baxter's have
occurred. Frank partnered with Paul Simkin the current operator who assumed the operation on
If you fast forward to this fall, we were finally trying to convert this situation into a concession agreement. Our
concession folks had been in di scussion with Simkin about a non-competitive agreement which would have
lasted several years while we set about doing a permanent concession contract. About this time it came to light
lips ://mail.googlo.com/ mail/b/ 152/u/O/?ul=2&1kcf 534 768664&v iaw=pt&cotJack's Boathouso&s earch= .. . 1/5
QJQIG>R Mall Re: I spoke with the report or WoshPost story , deadline today
tllat Simkin was illegally li'ving on site in a camper. He was cited by Park Police for disposing of his human
waste in a dumpster. The court put him on probation and will expunge the incident from his record shortly.
Because of Simkin's beha'vior and the non-legal basis of his current agreement, we decided to cease negotiations
and open up the short term concessions agreement to all. Simkin can chose to apply if he li kes. It was in
ha\ let the lawyers craft the letter as they did.
I would recommend that Carol or Da'vid contact the Post writer with as much of the real story as we can pro'vide.
Steve
Sent from my iPad
On Dec 24, 2012, at 12:39 PM, Da'vid Barna <da'vid_barna@nps.goV> wrote:
She will hold off till thrusday if possible but wan l s to know what is going on with thi s lease
If she i s pushed to run a story soon she will cal l me
So I need a saterncnt Wed
David
Cc: Sue_Waldron@nps.gov <Sue_Waldron@nps.gov>i blake_androff@ios.doi.gov
Barna - can yoL1 call the reporter and ask for her to hold off until t hurs or so on a followup?
She shd appreciate that the federal gov't i s closed for the next two days and t hat you need
certain people on line to help tell an accurate story. I t hink you can tell her that she's only
hearing one si de ... But you need more time to track down NPS's side to get it right.
From: David Barna [mailto:david_barna@nps.gov]
To: Katheri ne Kelly <kate_kelly@ios.doi.gov>; Steve Whitesell <Steve_Whitesell @nps.gov>; Carol
Johnson <carol_bjohnson@nps.gov>; Lisa Mendelson-ielmini
Cc: bl ake_androff@ios.doi.gov <blake_androff@ios.doi.gov>; peggy_o'dell @nps.gov
<peggy_o'dell@nps.gov>j Sue_Waldron@nps.gov <Sue_Waldron@nps.gov>
lips:// mall. google. com/mail/ bi 152/u/O/?ulia2&1k =f 534 768664&v loW"pt&cat =Jack's Boathousa&s earc h., ... 2/5
811100 Mall - Re: I spoke with the reporter WashPost story , deadline today
On Dec 24, 2012, at 11 :05 AM, Katherine Kelly <kate_kelly@ios.doi.gov> wrote:
Today's story was pretty awful for the Park. NPS comes across as job- ki ll ers that
don't have a very clear reason for rescinding the l ease. Sounds like the letter
Without knowing any detai l s about the how and why here, I'd suggest t hat NPS
try and do some cl eanup with t hi s second story ... Or risk seeing a negati ve
WaPo editori al and many follow- ups.
Do you all have a plan of action, or more relevant detail s?
From: Allison Klein [mallto:kleinallison@washpost.com]
Sent: Monday, December 24
1
2012 08:39 AM
CC: blake_androff@ios.doi.gov <blake_androff@ios.doi.gov>; kate_kelly@ios.doi.gov
<katc_kelly@ios.doi .gov>; peggy_o'dcll @nps.gov <peggy_o'dell @nps.gov>;
David and Lisa,
questions?
Thank you.
Allison
Allison Klein
Reporter
The Washington Post
703-518-3019
Honi . David Sama <davl d_bama@nps. gov>
To; <kl einalllson@washost.i;om>, <david_barna@nps.gov>, <kale kAlly@ios.doi.gov>,
~ H l waldron@nps.gov>, <peggy_o'clel l @nps. gov>, <:blal<e_androfl@los.doi .gov>
Date 12123/2012 07:16 PM
Suhjecl: Fw: WashPost story, deadline today
From: Lisa Mendelson-Ielmini [mailto: lisa mendelson-ielmjoj@nps.gov]
Cc: Steve Whitesell <steve whjtesell@nps.gox:>
It ps :/Im ail. google. com/mall/ bl 152/u/O/?ul,,2& lk sf 534 768664&v iOW" pt&cat =Jack s Boat ho us e&search= ...
E!QIOO Mail - Ro: I spoke with lhe reporter WashPost story , deadline today
of Jack
1
s Boathouse, that the lease under which the business has
202-297-1338 cell
202-619-7023 office
On Dec 23, 2012, at 4:26 PM, David Barna <david_barna@nps.gov>
wrote:
David
David Barna
Chief Spokesman
Washington DC
Hi Kathy and David,
I am writing a story that will be in the paper tomorrow about NPS's
lips :I l mail.googlo. com/mall/bl 1521ul0/?ui=2&1k=I 534 768664&v lew=pt&cat=Jack 's Boa1t1ouse&search= .. . 415
ERIOR Mail - Re: I spoke with the reporter WashPost story , deadline today
Thank you.
Allison Klein
Reporter
The Washington Post
t tps ://mall.google, com/mail/b/152/u/O/?ul"2&1k f 534 768664&v iaw=pt&cot Jack's Boathouso&sctirchs ... 5/5
(b) (6)
(b) (6)
ERIXMMENT OF THE INTERIOR Mail Why I signed - Our family has used
Why I signed -- Our family has used
mail@change.org>
Dear Steve Whitesell, Regional Director (National Park Service);
Mon, Dec 24, 2012 at 4:31 PM
I just signed Jesse B Rauch's petition "National Park Ser\'ice: Save Jack's Boathouse from Closure!" on
Change.org.
Our family has used this facility for years. What a shame to .lose the famil y-owned business and caring
atmosphere.
Bethesda, Maryland
http;//www.change.org/petitions/national-park-service-save-jack-s-boathouse-from-closure?responsc=
29a27107fe 70
tips ://mail.google.com/rnail/b/152/u/O/?ulm2&1k =f 534 768664&v iew=pt&cat=Jack' s Boathouse&search= .
1/1
(b) (6)
(b) (6)
:NT OF THE INTERIOR Mail - Why I signed -- This boathouse baso served
Why I signed -- This boathouse base served
<mai l@change.org>
To: Sleve_Whitesell @nps.gov
Dear Steve Whitesell , Regional Director (National Park Ser\1ce),
Mon, Dec 24, 2012 at 4:30 PM
Change.erg.
This boathouse base serwd two generations of my family. I would like to see it serve three or more. Tradition
should not be discarded so easily.
Sincerely,
- arolina
http://www.change.org/petilions/national-park-service-save-jnck-s-boathouse-from-closure?response=
29a27107fe70
ttps ://mail.google.coml maillb/152/u/O/?ul 2&1k ;;;f 534 768664&v iew=pt&cat Jock's Boathouso&soarch
(b) (6)
(b) (6)
fiJVXIMMENT OF THE INTERIOR Mall Why I signed - Why would the NPS
Why I signed -Why would the NPS
mai l@change.org>
Dear Ste-.e Whitesell , Regional Director (National Park Sennce),
Mon, Dec 24. 2012 at 4:27 PM
I just signed Jesse B Rauch's petition "National Park Service: Sa-.e Jack's Boathouse from Closure!" on
Change.org.
Why would the NPS get rid of a business that is run well, successful & offers good sennce to peopl e taking
adwntage of a beautiful part of Washington? Just to ri sk it being taken o\.er by someone who might not care
as much & not run it as well , since the concession will go tci the highest bidder with no concern for quality of
sennce.
==-....
~ r y l n d
There are now 916 signatures on thi s peti tion. Read reasons why people are signing, and respond to Jesse B
http://www.change.org/petitions/national-park-service-sa\.e-jack-s-boathouse-from-closure?response:::
29a27107fe70
ti ps ://mall.google.com/malll b/162/u/O/?ul;;2&1k =f 53<1768664&v loW"pt&cat=Jack's Boal hOuse&search= ... 1/1
(b) (6)
(b) (6)
P'.JGl.fMENT OF THE INTERIOR Mall Why I signed - Jack's Boat House is
Why I signed -- Jack's Boat House is
< mail@change.org>
To: Ste-..e_Whitesell@nps.gov
Dear Ste-..e Whitesell , Regional Director (National Park Service),
Mon, Dec 24, 2012 at 4:27 PM
Change.org.
Jack's Boat House is an institution in DC and a place whereI have -..ery many fond memories of. DC has
always li-..ed with the Potomac, despite all changes within the city and the country. Let the Washingtonians
keep this landmark - not run by the National Park Service but by the people who have believed in this
locations since 1945! Sincerely, F. Rook
Sincerely,
.... aryland
http://www.change.org/peti tions/national-park-service-save-jack-s-boathouse-from-closure?response=
29a27107fe 70
ttps: //mall.google.com/mail/b/152/u/O/?ul 2&1k=f 534 768664&v lcwspt&cat=Jack's Boathouse&search= ...
1/1
(b) (6)
(b) (6)
IOOll'MENT OF ll-lE INTERIOR Moll Why I signed -- Jack's Boathouse is a
<mail@change.org>
Dear Steve Whitesell , Regional Director (National Park Seniice),
Mon. Dec 24, 2012 at 4:24 PM
I just signed Jesse B Rauch's petition "Nati onal Park Sel'\iice: Save Jack's Boathouse from Closure!" on
Change.org.
Jack's Boathouse is a thriving family-owned small business. They promote healthy habit s and outdoor
recreation in the de area. It is a shame that the National Park Service does not support the residents
spending time outdoors and enjoying the scenic Potomac ri ver.
-
-
There are now 914 signat ures on this petition. Read reasons why people are signing, and respond to Jesse B

29a27107fe 70
1/ 1
(b) (6)
(b) (6)
OF THE INTERIOR Mall - Why I slgnod -- Kids need heallt1y play
Why I signed Kids need healthy play
< mai l@change. org>
To:
Dear Whitesell, Regional Director (National Park Service),
Mon, Dec 24, 2012 at 4: 12 PM
Change.erg.
Kids need healthy play options that are convenient and in nature!! I was so looking forward to taking my little
ones kayaking here once they're old enough ....
...
htlp://www.change.org/petitions/national-park-ser\/ice-save-jack-s-boathouse-from-closure?response=
29a27107fo 70
1/1
(b) (6)
(b) (6)
Why I signed -- Because it is a

Dear Ste-.e Whitesell , Regional Director (National Park Service),
Mon, Dec 24, 2012 at 4:07 PM
Change.org.
Because it is a family friendly affordable acti"1ty I love taking my kids to. These kinds of acti"1ties are
important in today's tech world and should get more support
Sincerely,
broad run, Virginia
There are now 901 signatures on this petition. Read reasons why people are signi ng, and respond to Jesse B
http://www.change.org/petitions/national-park-servi ce-save-jack-s-boathouse-rrom-closure?response=
29a27107f0 70
(b) (6)
(b) (6)
DEPARTMENT OF THE INTERIOR Mall Why I signo<l If this business Is
Why I signed this business is
<mail@change.org>
Mon, Dec 24, 2012 at 4:05 PM
I just signed Jesse B Rauch's petition "National Park Ser.ice: Save Jack's Boathouse from Closure!" on
Change.org.
If this business is not a danger to the city and, in fact , enhances the city and provides jobs there is no reason
to evict the business. This is truly a case where the government seems to be wanting to flx something that
isn't broken. STOP it NPS .
.._
Schenectady, New York
http://www. change. org/ peti lions/ nat ional-park-s ervice-s ave-jac k-s-boat ho us e-frorn-c los ure ?response=
29a27107fe 70
ltps ://mail.googlo. com/m111l/b/ 534 768664&.v iew=pt&cat " Jack's Boathouse&se11rch= ... 1/1
811/a>R Mail - Re: I spoke with the reporter WashPosl story , deadline today
Lisa Mendelsonlelmlni <lisa_mendelson-ielmini@nps.gov> Mon, Dec 24, 2012 at 4:03 PM
Cc: DalAd Barna <dalAd_bama@nps.gov>, "kate_kelly@ios.doi.gov" <kate_kell y@ios.doi.gov>, ''Jon_JarlAs@nps.gov"
<Jon_Jarvis@nps.gov>, "peggy _o'dell @nps.goV' <peggy _o'dell @nps.gov>. "sue_waldron@nps.goV'
<sue_waldron@nps.gov>, "blake_androff@ios.doi.gov" <blake_androff@ios.doi. gov>, Tammy Stidham
<Tammy_Stldham@nps.gov>, Ste-..eLeBel <steve_lebel@nps.gov>, Peter May <peter_may@nps.gov>, Carol
Johnson <Carol_B_Johnson@nps.gov>
Steve captured salient points, as well as the desire for contact w Simkin to have occurred earlier than It did.
Lisa A Mendelson-lelmini. AICP
202-297-1338 cell
202-619-7023 office
On Dec 24, 2012, at 3:25 PM. Ste-..e Whitesell <ste-..e_whitesell @nps. gov> wrote:
There's a much larger story here as you all can imagi ne. It is however my fault for halAng let the
letter go. Thi s is a case where we repeatedly tried to write a letter in plain English for weeks only
to have the lawyers tweak and tweak and tweak. In an effort to get the letter out, I got talked out of
writing it so that it would say what it should.
Jack's has been in business for many years owned and operated by Jack Baxter and his wife. The
underlying property was owned or purchased at some point by the District and operated under
lease by the Baxter's. The property passed to NPS with creation of C&OCanal if I remember
correctly. NPS had the National Park Foundation assume the Baxter's lease payments as NPS
had no means to collect . The lease can only be transferred to operators, other than the Baxter's
with the agreement of NPF and presumably NPS. Baxter's have both since died and the business
transferred to Frank Baxter, Jack's son I believe. No approval of transfer occurred. Frank
eventually partnered with Paul Simkin the current operator who assumed the operation on Frank's
death. Again the transfer was not agreed to.
If you fast forward to this fall , we were finally trying to convert this situation Into a concession
agreement. Our concession folks had been in discussion with Simkin about a non-competitive
agreement which would have lasted several years while we set about doing a permanent
concession contract. About this time it came to light that Simkin was illegally IMng on site in a
camper. He was cited by Park Police for disposing of his human waste in a dumpster. The court
put him on probation and will expunge the incident from his record shortly.
Because of Simkin's behalAor and the non-legal basis of his current agreement, we decided to
cease negotiations and open up t he short term concessions agreement to al l. Simkin can chose
lips: 11 mail. google. com/ mail/ b/ 152/u/Ol?ul: 2&1k =f 534 768664&v loW"pt&cat =J eek s Boatt1ous e&s earc h= . .. 1/5
SQl l!>R Mall - Re: I spoke with the reporter WashPost story, de;iclllne today
to apply if he likes. It was in crafting the letter notifying Simkin of his need to vacate that I lost
control of this issue. As noted, I should not ha\-19 let the lawyers craft the letter as they did.
I would recommend that Carol or David contact the Post writer with as much of the real story as we
can pro\/ide.
Ste-.e
Sent from my iPad
On Dec 24, 2012, at 12:39 PM, Da\/id Barna <david_barna@nps. gov> wrote:
She wi ll hold off till thrusday if possibl e but wants to know what is going on
with thi s l ease
If she is pushed to run a story soon she will call me
David
Cc: Sue_Waldron@nps.gov <Sue_Waldron@nps.gov>; blake_androff@ios.doi. gov
<blake_androff@ios.dol.gov>
can you call the reporter and ask for her to hold off until thurs or so on a
foll owup? She shd appreciate t hat the federal gov't i s closed for the next two
days and that you need certai n people on line to help tel l an accurate story. I
think you can t ell her that she's only hearing one si de ... But you need more time
t o track down NPS's side to get it ri ght.
From: David Barna [mallto: david_barna@nps.gov]
To: Katherine Kelly <kate_kelly@ios.doi.gov>; Steve Whitesell
<Steve_Whitesell @nps.gov>; Carol Johnson <carol_bjohnson@nps.gov>; Lisa
Mendelson- ielmini David Barna
Cc: blake_androff@ios.doi.gov <blake_androff@ios.doi.gov>; peggy_o'dell@nps.gov
I heard second hand about thi s issue and not sure what we can say, if anything.
I know we had significant issues with him but doubt that we can go public with the
accusations.
David
ttps://rnail.googlo.com/mall/b/152/ u/O/?ui" 2&1k f 534 76B664&v ... 2/5
lilQIOO Mall - Re: I spoke with tho reporter WeshPost story , deadline today
On Dec 24, 2012. at 11 :05 AM, Katherine Kelly <kate_kell y@ios.doi.gov> wrote:
Today's story was pretty awful for the Park. NPS comes across as
job- killers that don't have a very clear reason for rescinding the
l ease. Sounds like the letter came without warning - and right
before Xmas.
Without knowing any detai ls about the how and why here, I'd
suggest that NPS try and do some cleanup with t his second story ...
Or risk seeing a negative WaPo editorial and many foll ow- ups.
Do you al l have a plan of action, or more relevant detai l s?
I'm happy to hop on the phone with youall. Let me know.
From: Allison Klein [mailto: kleinallison@washpost.com]
Cc: blake_androff@ios.doi.gov <blakc_androff@ios.doi.gov>;
kate_kelly@ios.doi.gov <kate_kelly@ios.doi.gov>;
peggy_o'dell@nps.gov <peggy_o'dell@nps.gov>;
David and Lisa,
Thank you for your statement last night. Are you available for a few
quick follow-up questions?
Thank you.
Alli son
Allison Klein
Reporter
The Washington Post
703-518-3019
Fl'Orn. David Barna <david_bama@nps.guv>
To: <i<JP. i nalllson@washpost.com>, <david_bama@nps.gov>,
<kale knl l y@ios.doi .gov>, <sue wal dron@nps.gov>, <poggy_o'dcll @nps. uuv>,
<bl ako_androff@ios.doi.gov>
Date 12/23/2012 07:16 PM
Sul.Jject. Fw: WashPost story, deadl ine today
lips: II mail. google. com/ mail/bl 152/u/O/?ul=2&ik =f 534 768664&v leW"pt&cat =Jack's Beat11ouse&searc h= ... 315
E!Q/00 Mall Re; I spoke with l hO reporter WashPosl story , do<1dllne today
From: Lisa Mendelson-Ielmini [ mailto: lisa (11endelson-ielmini@nps.gov]
Cc: Steve Whitesell <steve whitesell @nps.gOY>
"The National Park Service issued notice to Paul Simkin,
longer considered valid. The recreational services offered
and public access to the Potomac River are important to the
NPS and thus will be offered as a concession contract. This
concession will be announced within a few days through a
fair and open process. Mr. Simkin is free to submit a
proposal for the opportunity to operate the concession. A
Request for Qualifications will be announced within a few
days. The conversion to a concession will be complete
by February 1, 2013, and we anticipate no interruption of
service at the site."
202-297-1338 cell
202-619-7023 office
On Dec 23, 2012, at 4:26 PM, David Barna
<david barna@nps.gov> wrote:
David
David Barna
Chief Spokesman
Washington DC
Hi Kathy and David,
I am writing a story that will be in the paper tomorrow about
ttps ://mal l.9oog!e.com/mail/b/ 152/u/O/?ul;?&lk=f 534 768664&1/ lcW"pt&cat=Jac:k's Boatnouse&search= ... 4/5
EJg/OR Mail - Ro: I :1pokc with the reporter WashPost story, de!!dllne today
NPS's termination of contract for Jack's Boat House in
Georgetown. I would like to include in my story why the
contract is being terminated, as the letter NPS sent to the
owner did not explain why. I am sorry for the short notice, the
story was just assigned to me.
convenience,
Thank you.
Allison Klein
Reporter
The Washington Post
llps ://mall.google.com/rnail/b/ 152/u/O/?ul=2&1k f 534 766664&v lew=pt&cat =Jack's Boathouse&search= ... 5/5
(b) (6)
(b) (6)
M J T ~ F THE INTERIOR Mall - Why I signed Looking f orward to kayaking
Why I signed- Looking forward to kayaking
- mail@change.org>
Dear Ste\-0 Whitesell, Regional Director (National Park Service),
Mon, Dec 24, 2012 at 3:51 PM
I j ust signed Jesse B Rauch's petition "National Park Service: Sava Jack's Boathouse from Closure!'' on
Change.erg.
Looking forward to kayaking in 2013!
.._
Arlington, Virginia
http://www.change.org/petitions/national-park-setvice-save-jack-s-boathouse-from-closure?response=
29a27107fe70
Ups ://mail.googlo.com/mell/b/ 152/u/O/?ul =2&1ksf 534 768664&v ioW"pt &cet=Jack's Boathouse&search= .. .
1/1
(b) (6)
(b) (6)
ElWl"RTMENT OF THE INTERIOR Mail Wt1y I signed - As an av id kay akor
Why I signed -- As an avid kayaker
mail@change.org>
Dear Steve Whitesell. Regional Director (National Park Service),
Mon, Dec 24, 2012 at 3:42 PM
Change.erg.
As an avid kayaker all over the DC area, and abashed Freemarket proponent, I'm appalled by the action taken
against a successfuly business that has done exactly what the government needs from small businesses to
bring the economy back ... and that Is to reinvest. Where Is the incentive though if you are building on
quicksand?!
Sincerely,
Laurel, Maryland
11ttp://www.change.org/petitions/national-park-service-save-jack-s-boathouse-from-closure?response=
29a27107fe 70
lips :/lmall.google.com/mall/b/ 152/u/ O/?ui=2&1kllf 534 768664&v lew=pt&cat " J<tck's 6oathouse&soarct1a, 1/1
(b) (6)
(b) (6)
IJDEPARTMENT OF THE INTERIOR Mall Why I signed - I rent boaW there
Why I signed -- I rent boats there
- <mal l@change.org>

Dear Steve Whitesell. Regional Director (National Park Ser'-Ace).
Mon, Dec 24, 2012 at 3:26 PM
I just signed Jesse B Rauch's petition "National Park Ser'-Ace: Save Jack's Boathouse from Closure!" on
Change.org.
I rent boats there in the summer, especially when I have friends visit From out-of-town. I also have many happy
memories of canoing, etc. related to the boathouse. It is a successful, small business that has existed since
just after WWII. I want succeeding generations to continue to have fun there.
--
Arlington, Virginia
http://www. c hangc. org/petitions/natlonal-park-ser'-Ace-savc-jack-s-boathousc-from-clos ure?ros pons e=
29a27107fe70
ttps://mail.googlo.com/mall/b/1 52/u/ O/?ui=2&1k =r 634768664&v iew=pt&cat=J ack's Boathouse&searcl1",,, 1/1
(b) (6)
(b) (6)
13Gl71Ef'ARTMENT OF THE INTERIOR Mail - Why I slgnad One of the most
Why I signed -- One of the most
mail @change.org>
To:
Mon, Dec 24, 2012 at 3:12 PM
I j ust signed Jesse 8 Rauch's petition "National Park Service: Jack's Boathouse from Closure!" on
Change.org.
One of the most fun things you can do in DC!!
.._
Arlington, Vi rginia
http://www.change.org/petltlons/national-park-servico-sa'.ejack-s-boathouse-from-closure?response=
29a271O?fe70
216 West 104th St reet I Suite #130 I New York, NY I 10025
tips ://mail. google.com/mail/ b/ 162/u/ O/?ui" 2&ik =f 534 768664&v loWllpt&cat =Jack's Boathouso&search= ...
OF THE IN1ERIOR Mall J:ack's coverago four new articles
Jack's coverage .. four new articles
tammy_stidham@nps.gov <tammy_stidham@nps.goV> Mon, Dec 24, 2012 at 3: 17 PM
To: "carol_bjohnson@nps.gov" <carol_bjohnson@nps.goV>, Steve Whitesell <Steve_Whitesell@nps.goV>, Lisa
Mendelson-lelmini <Lisa_Mendelson-lelmini@nps.goV>, stewi_lebel@nps.gov, tara_morrison@nps.gov, Peter May
<Peter_May@nps.goV>
http://greatergreaterwashington.org/pos t/17178/christm as-eve-li nks-coal/
t1ttp://dcist.com/2012/12/national_park_service_gives_georget.php
http:! /blog. georgetownvoice. com/2012/12/24/national-park-service-expels-jacks-
boathous e-from-georgetow n-waterfront/
http://www. nbcwas hington .com/news/local/NP S-T erm i nates-Leas e-of-Jacks-Boathouse-i n-
Georgetown-184668831. htm I
Tammy Stidham
1100 Ohio Dri\Ae SW
Washington.DC 20242
202-619-7474 office
202-438-0028 cell
ttps ://mail.googhl. com/miilllb/152/u/Ol?ui=2&1k f 634 768664&v iew=pt&cat,.Jack's ... 111
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/30/ 14 '
Why I signed -we love jack's boathouse.
Mon, Dec 24, 2012 at 3: 00 PM
Change.org.
Here's why i signed:
we love jack's boathouse. we have gone times in the warm months and made lots of special family
memories here.
http://www.change.org/petilions/national-park-service-save-jack-s-boathouse-from-closure?response=
29a27107fe70
ltps;//mall.googl0. comlmall/ b/152/u/O/?ul ,.2&1kirf 534 766664&v loW"pt&coit =Jack's Soat house&seareh".,, 1/1
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(b) (6)
1MR11MENT OF THE INTERI OR Mail - Why I signod Jacky's has been an
Why I signed -- Jacky's has been an
< mail@change.org>
Mon, Dec 24, 2012 at 2:58 PM
I Just signed Jesse B Rauch's petition "National Pmk Service: Save Jack's Boathouse from Closure!" on
Change.org.
Jacky's has been an institution since my wife and I moved here in 2000 and is a special place in this city.
Lots of good memories and new experi ences. These are the kind of businesses we need to support.
There are now 856 signatures on this petition. Read reasons why peopl e are signing, and respond to Jesse B
ht tp://www.change.org/ petiti ons/ national-park-service-save-jack-s-boathouse-from-clos ure?res ponse=
29a27107fe70
ttps:l/mail.google. com/mall/bl 1521u/O/?ui=2&ik=r 534 768664&v leW"'pt&cat =Jack' s Boflthouse&search= ... 111
(b) (6)
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OIJMRTMENT OF THE INTERIOR Mall Why I signed - I use every
Why I signed I use Jack's every
- <mail@change. org>

Mon, Dec 24, 201 2 at 2:56 PM
Change.erg.
I use Jack's every year - great place to get outside and enjoy a different part of the city! Prollides a fun, great
service to the city.
Chantilly, Virginia
http://www.change.org/petitions/national-park-service-save-jack-s-boathouse-from-closure?response:::
29a27107fe70
llps;//mail.google. com/m all/b/152/u/O/?ui=2&1ksf 534 788664&v IOW"Pl&c11t =J ae k's Boathouse&search= ...
111
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l:mi!UJT OF THE INTERIOR Mall Why I signed -- This ownor h;is invested
Why I signed M This owner has invested

Mon, Dec 24, 2012 at 2:43 PM
I just signed Jesse B Rauch's petition "National Park Sel"l/ice: Sa\/0 Jack's Boathouse from Closure!" on
Change.org.
This owner has invested thousands of dollars to improve what is an important recreational business for
Washingtonians.Ha\.e some integrity and allow him to keep what has been there for all these years.Why Is
the Park service screwi ng up another good thing.(They did this in Cape Hartteras too)
....
wake, Virginia
http://www.change. org/petitions/national-park-sel"l/1ce-sa1.ie-jack-s-boathouse-from-closure?response=
29a27107Fe70
ttps :t /mail.google. com/mall/ bi 162/u/O/?ul=2&1k=f 534 768664&v low,,pt&cat:oJack's Boalhouso&soarch .. 1/1
(b) (6)
(b) (6)
QO'MRNT OF THE INTERIOR MDII - Why I signed -- Because ll's a treasure
Why I signed -- Because it's a treasure
< mail@change.org>
Dear Steve Whitesell , Regional Director (National Park Service},
Mon, Dec 24, 2012 at 2:41 PM
Change.org.
Because it's a treasure and should be saved!
Sincerely,
- usetts
http://www.change.org/petltlons/national-park-sorv1ce-save-jack-s-boat11ouse-from-closuro?response=
29a27107fe 70
ttps ://mail,google.com/rnall/b/ 162/u/O/?ul .,2&1k=f 534 768664&v low-pt&cat =Jack's Boalhouso&sesrch= .. . 1/1
(b) (6)
(b) (6)
Why I signed -- Jack's Boathouse is important
mail@change.org>
Dear Steve Whitesell , Regional Director (National Park Servi ce).
Mon, Dec 24, 2012 at 2: 35 PM
Change.org.
Jack's Boathouse is important to me because it is a locally owned business who's success is a model that
says small business is still alive and well in WA DC!
......
Springfield, Virginia
29a27107fe 70
(b) (6)
(b) (6)
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~ R Mall - 25 more people signed: Kevin Purser, Dcldree Bennett ...
Washington, District Of Columbia
odbridge, Virginia
opolis, Pennsylvania
216 West 104th Street I St1ite #130 I New York, NY 110025
tips ://m(lll, google.com/mall/b/ 152/u/O/?ui=2&ik=f 534 768664&v lew=pt&cat=Jack's aoathouse&search= ... 2/2
(b) (6)
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<1Dn1ENTOF THE INTERIOR Mail -Why I signed We love kayaking from
Why I signed M We love kayaking from
mail@change.org>
To: StelA:l_Whitesell@nps.gov
Dear StelA:l Whitesell, Regional Director (National Park Service),
Mon, Dec 24, 2012 at 2:22 PM
Change.org.
We kayaking from Jack's boathouse. It's like escaping to the Shenandoah without the traffic and 2-3 hour
The staff have always been so courteous and friendly. Jack's is a local National Treasure which should
be lauded, not destroyed, by the Park Service.
---
Arlington, Virginia
http:/ /www.change.org/petitions/national-park-servicc-s uro?res ponse=
29a27107fe70
ttps ://mail.google. com/mall/b/152/u/O/?ui=2&ik =f 534 768664&v leWllpt&cat =Jack's Boalhousc&search= ... 1/1
(b) (6)
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OOT111F THE INTERIOR Mail -Why I signed - Park Service should support
Why I signed -- Park Service should support
- <mail@change.org>

Mon, Dec 24, 2012 at 2:20 PM
Change.erg.
Park Ser\1ce should support and encourage local businesses, not kick them out for a major corp/Disney type
concession.
--
Arlington, Virginia
------
http://www.change.org/petilions/national-park-service-sa'.-jack-s-boathouse-from-closure?response=
29a27107fc70
Ups:/ Im eil,googla. com/mall/b/152/u/O/?ul.,2&1k;;f 534 768664&v leWo>pt&cat =Jack' s Bo:oithouse&scarch" ... 1/1
(b) (6)
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/Bm!PARTMENT OF THE INTERIOR Mail Why I signed -- laok of good f aith
Why I signed -- lack of good faith
- mail@change.org>
Dear Steve Whitesell, Reglonal Director (National Park Service),
Mon, Dec 24, 2012 at 2: 14 PM
Change.org.
lack of good faith and procedure In the lease termination
http://www.change.org/petltlons/national-park-sel" . .foe-save-jack-s-boathousc-from-closuro?response=
29a27107fe 70
II ps; II mail. google. com/mall/bl 152/u/Ol?ul=2&1k I 634 768664&v lew=pt&cat ;;Jae k's Boathousc&s earch= ... 111
(b) (6)
(b) (6)
l.(ICfllllENT OF THE INlERIOR Mall - Why I signod - Went kayaking lor the
Why I signed ... Went kayaking for the
mai l@change.org>
Mon, Dec 24, 2012 at 2:09 PM
Change.org.
Went kayaking for the first time there in August! We had a blast. Please find a way to keep Jack's open!
.....
http://www. change. org/ peti tlons/ nat ional-park-s ervi ce-s ave-j ac k-s-boat house-from-closure ?response=
29a27107fe70
ttps:l/mQll,gooole. com/mail/b/152/u/0/?ul 2&1k=f 534 768664&v low pt&cat=Jack's Boathouse&search= ... 1/1
IMRllMENT OF THE INTERIOR Mail - RG: WtlshPost story , deadline todoy
Re: WashPost story, deadline today
Lisa Mende lminl <li sa _ mendelson-ielmini@nps .goV>
To: Da\Jid Barna <dalJid_barna@nps.goV>
Cc: Steve Whitesell <steve_whitesell@nps.goV>
Da\Jid, here's the statement I mentioned earlier.
Sun, Dec 23, 2012 at 6:59 PM
"The National Park Service issued notice to Paul Simkin, the operator of Jack's Boathouse, that the lease under
which the business has operated for years is no longer considered valid. The recreational services offered
and publi c access to the Potomac Ri-.er are important to the NPS and thus will be offered as a concession
contract. This concession will be announced within a few days through a fair and open process. Mr. Simkin is
free to submit a proposal for the opportunity to operate the concession. A Request for Qualifications will be
announced within a few days. The con\ersion to a concession will be complete by February 1, 2013, and we
anticipate no interruption of ser\Jice at the site."
National Park Ser\Jice
202-297-1338 cell
202-619-7023 office
On Dec 23, 2012, at 4:26 PM, David Barna <da'vid_barna@nps.goV> wrote:
Davtd
Dal.-id Barna
Chief Spokesman
Washington DC
On Dec 23, 2012, at 3:56 PM, All ison Klein <kleinallison@washpost. com> wrote:
Hi Kathy and Da\Jid,
I am writing a story that wi ll be in the paper tomorrow about NP S's termination of
contract for Jack's Boat House in Georgetown. I would like to include in my story why
the contract is being terminated, as the letter NPS sent to the owner did not explain
why. I am sorry for the short notice, the story was just assigned to me.
Please email me or call me on my cell phone at your earliest con\enience, 202-222-
5815.
Thank you.
Ups :/Im sll.google. com/mall/bi 152/u/O/?ui=2&ik =I 534 768664&v lew=pl&cal=Jaok's Bo:athouse&seareh",,. 112
130/14
Allison Klein
Reporter
The Washington Post
ltps: I Im all. google. com/mall/ bl 1 S2/u/O/?ui=2&ik =f 634 768664 & v iew=pt&cat Jack's Boa thous o&s earc h= ... 212
/30114 DEPARTMENT OF THE INTERIOR Mail - Re: New petition to you: National Park Service: Savo Jock's Boat. ..
Re: New petition to you: National Park Service: Save Jack's Boathouse from Closure!
Lisa Mondelson-lelmlnl <llsa_mcndelsonielmini@nps.gov>
To: Ste-.e Whitesell
Sun, Dec 23, 2012 at 6:57 PM
Ok thx.
Lisa A Mendelson-lelmlnl, AICP
National Park Ser-.;ce
202297-1338 cell
202619 7023 office
On Doc 23, 2012, at 6:56 PM, Stave Whitesell <stc1.e_whi tesell@nps.gov> wrote:
Yes. Sorry I missed this seems I ha-..e 100 emails that are clogging thongs. Please send to Da\1d.
Sent from my iPad
On Dec 23, 2012, at 4:47 PM, Lisa Mendelson lelmini <lisa_mendclson-ielmini@nps.gov.> wrote:
Shall we use this for the Post as well? See Barna's email ... Tux .
National Park Ser.ilea
202-297-1338 cell
202-619-7023 office
From: Stew Whitesell <stcl,()_whitesell@nps.gov>
Dato: December 23. 2012 4:18:39 PM EST
To: peler_may@nps.gov
Cc: sle\_1ebol@nps.gov, Lisa_MencJelson-lolmlnl@nps. gov, dougjacobs@nps.gov,
Ta111my _Slidharn@nps.gov
Subject: Re: New peti ti on to you: National Park Servi ce: Save Jack' s Boathouse from Closure I
Looks good.
From: Peter May [mallto: pctcr_may@nps.gov]
To: Steve Whitesell <stcve_whitesell@nps.gov>
Cc: Steve LeBel <steve_lcbcl@nps.gov>; Llsa_Mendelson-Ielmini@nps.gov <Usa_Mcndclson-Ielminl@nps.
gov>; doug_jacobs@nps.gov <doug_jacobs@nps.gov>; Tammy_Stidham@nps.gov
Subject : Re: New petition to you: National Park Service: Save Jack's Boathouse from Closure!
OK. I haw edited the reply to reflect the comments. I retained the mention of Simkln's ability to compete
and added words to communicate the fair and open process, as well as addressing Lisa's comments.
I'd like to ha1,e this language OK'd one more time before posting.
ttps :llmall .google .com Im ai llb/152/u/Oi?ui =2&1k,,f534 768664 &view=pt&cat=Jack's Boathouse&s earch= ... 1/5
/30/14 DEPARTMENT OF THE INTERIOR Mail Re: New petition to National Park Sorvice: Save Jack's Boat ...
The National Park Ser.ice issued notice to Paul Simkin, tho operator of Jack's Boathouse, that the loase
under which the business has operated for sewral years Is no longer considered valid. The recreational
ser.ices offered and public access to the Potomac Riwr are Important to the NPS and thus will be offered
as a concession contract. This concession will be announced within a few days and will bo competed in a
fair and open process. Mr. Simkin is free to compete for the opportunity to operate the concession. A
Request for Qualificati ons will be announced within a few days. The conwrsion to a concession will be
complete by February 1, 2013, and we anticipate no Interruption ofser\lce at the site.
Peter May
Associate Regional Dimctor
1100 Ohio Drive SW
(202) 619 7025
prnay@nps.gov
On Dec 23, 201 2, at 3:04 PM, Stew Whitesell wrote;
Thanks for all the good work. Let's make sure we characterize the new contract opportunity
as fair and open to all.
Thanks
Sent from my IPad
On Dec 23, 2012, at 2:49 PM, Peter May <peter_may@npS.(:JOv> wrote:
Did you lea\<l it out for legal raasons?
Part of the response must be due to folks who are sympathetic to Simkin, so I
think It Is good to let folks know he still can compete.
Peter May
Lands, Planning, and Doslgn
1100 Ohio Drive SW
(202) 619 7025
pmay@nps.gov
On Dec 23, 2012, at 2:46 PM. Stew LeBel <sto'K:_lcbel@nps.gov> wrote:
That's ollr plan.
We're about t o pll bl ish a RFQ (Request for Quali f ications)
for a temporary concession contract .
In response to the peti ti on, need we mention Si mki n has
the opportunity Lo respond t o the RFQ? We intentionally
lef t it out of the vacate notice.
Ftom: Lisa MendelsonIelmlnl [mailto:lisa_mendclson-
ielmlnl@nps.gov]
To: Peter May <peter _may@nps.gov>
Cc: Steve Whitesell <steve_whitesell@nps.gov>;
SLeve_LeB@l@nps.gov <Stevc_LeBel@nps.gov>;
Doug_Jacobs@nps.gov <Doug_)acobs@nps.gov>;
Tammy_Stidham@nps.gov <Tammy_Stidham@nps.gov>
Subject: Re: New petition to you: National Park Service: Save
Jack's Boathouse from Closure!
Ups :/Im ail.google .com/m alllb/152/u/O/?ui 2&ik=f534166664&'1iew;:pt&cat=Jack's Boa thous e&search" ... 2/5
1) spallcheck wrote 'conspired' lnstGad of 'considered'
2) how about something like this for the 2nd sentence t o give
more context "tha recreational services offered and public
access lo the Potomac RllA:lr are important to tha NPS and thus
will be offered as a concession contract. The nps will shortly
announce a concession ....
3) Stew LeB are you still standing by a 2113 dale as
referenced below? And then by extension the 'no interruption
ot ser.1co'?
Thank you, Ilsa
Lisa A Mendelsonlelmlni, AICP
202-297-1338 cell
202619-7023 office
On Dec 23, 2012, at 1:45 PM, Peter May
<peter_may@nps.9011> wroto:
How's this for a reply message and a statement for
the website.
The National Park Service issued notice to Paul
Simkin, the operator of Jack's Boathouse, lhal the
lease under which the business has operated for
SGIA:lral years is no longer conspired valid. In order
to continue the valuable service that the business
has pro\1ded to the public, the site will be operated
as a concession. The National Park Ser'iice will
announce the concession opportunity to the public
within the next few days, and Mr. Simkin Is free l o
compete for the opportunity to operate the
concession. We anticipate that Iha conwrsion to a
concession will bo complete by February 1, 2013,
and that there will be no interruption of sar\1ce at
the site.
Peter May
1100 Ohio Drive SW
(202) 619 7025
pmay@nps.gov
On Dec 23, 2012, al 11:55 AM, Steve Whitesell
<ste1ie_whilesell @nps.gov.> wrote:
I'm secing.itt too.
Yes. Go ahcacl but run wording by
us first.
From: Peter May
(mallto:pctcr_may@nps.gov)
Sent: Sunday, Decembe( 23, 2012
/30/14 DEPARTMENT OF THE INTERIOR Mail - Re: New pGtltlon to you; N11tional Park Ser.Ace; Save Jack's Boat ...
05:14 AM
To: Steve_Whllesell@nps.gov
<Stcvc_Whitcsell@nps.gov>;
Stcvc_LeBel@nps.gov
<Steve_LcBel@nps.gov>;
Listi_Mcndclson-Ielmini@nps.gov
<Lisa_Mendclson-Ielrnini@nps.gov>
C.C: Doug._Jacobs@nps.gov
<Doug_Jacobs@l nps.gov>;
<Tammy_Stidl1am@nps.gov>
Subject: Fw: New pelltlon to you:
J" lnase sec below. I have received
a handful of messages frcim t his
site so far and I assume I wi ll
receive many more. l)lrl we clo a
press release to accompany t his to
let folks know that there wi ll be a
conccssi on offering and lhat
Simkin can compete?
The George towner art icle simply
state that NPS has nol responded
to their inquiri1-1s?
Can I post a reply that l ells the full
story. The soonerthc better, for
obvious reasons.
Peter
A'om: Jesse B Rauch
Sent: Saturday, December 22, 2012
11:09 PM
To: Pcter_May@nps.gov
<Petcr _May@nps.gov>
Subject: New petition to you:
Dear Peter May {Associate Regional
Director),
Jesse B Rauch started a petition
"National Park Ser .. ko. Sm-e Jack's
Boathouse frrm1 Closure!" targeting
you on Change.org that's starting to
pick up steam.
Change.org is the world's largest
petition platform that giws anyone,
anywhere the tools they need to
start, join and win campaigns for
change. Change.org never starts
potitions on our own - petitions on
tho website, like "National Park
SoNice: Save Jack's Boathouse from
Whil e "National Park SeNice: Save
Jack's Boathouse from Closure!" is
a c t l ~ you'll receive an email each
time a signor leaves a comment
explaining why he or she is signing.
You'll also mceive periodic upClatos
llps :/Im all .google .com/m ailibt152/u/O/?ui 2&ik=f5311768664&v!ew pt&cat=Jack's Boa thous e&.s earch= ... 4/5
/30/14 DEPARTMENT OF THE INTERIOR Mail - Ro: Now petition to you: National Park ServicQ: Save Jack's Boal ...
Here's what you can do right now to
resol\e the petition:
RelAew the petition. Here's a
link:
o hll://www.change.mg/
pelllionslnational-park-
ser\ice-sal.()-jack-s-
IJoathousa-from-
closure
See the 5 signers and their
reasons for signing on the
petition page.
Respond to the petition
creator by sending a
message here:
petitions/nat ional-park
sol'lliccsa..e-jack-s-
boathousefrom-
closure?response=
3144071 ccldd4
Sincerely.

There are now 5 signatures on this
petition. Read reasons why people
are signing, and respond to Jesse B
Rauch by clicking hem:
http://www.cliango.org/
poti ti ons/national-park-scr\ice-sa...e-
Jack-sboalhouse-rrom-closure?
ras ponscc3144071 eddd4
216 West 104th Street I Suite #130 I
New York, NY I 10025
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130/14DEPARTMENT OF THE INTERIOR Mail - Why I signed -- I love Jacks
Why I signed -- I love Jacks
<mail@change.org>
Thu, Dec 27, 2012 at 11:26 AM
Change.org.
I love Jacks
TI1ere are now 1825 signatures on this petition. Read reasons why people are signing, and respond to Jesse 8
http://www.change.org/pctitions/natlonal-park-servi ce-save-jack-s-boathouse-from-closure?response=
29a27107fe70
ttps: //mall.google. com/ nialllb/ 152/u/Ol?lli"'2&1k f 534 768664&v lew=pt&cat=Jack's Boalhousc&sc:irch 111
(b) (6)
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130/14DEPARTMENT OF iHE INTERIOR Mall - Why I signed -- I love Jacks
Why I signed -- I love Jacks

Thu, Dec 27, 201 2 at 11 :26 AM
Change.org.
I love Jacks
-

http://www.chango.org/petitions/national-park-service-save-jack-s-boathouse-from-closure?rnsponso=
29a27107fe70
Ups ://m11ll,google. comlm1111/b/152/u/O/?ui=2&1k=I 534760664&v iQW=pt&ooteJ ock's Boathouse&se11rch= ... 1/ 1
(b) (6)
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130.0IPARTMENT OF !HE INTERIOR Mail Why I signed - This is a great
Why I signed -- This is a great
mall @change.org>
Dear Steve Whitesell , Regional Director (National Park Servi ce),
Thu, Dec 27. 2012 at 12:42 PM
I j ust signed Jesse B Rauch's petition "National Park Service: Save Jack's Boathouse from Closure!" on
Change. org.
This Is a great place that allows the public an opportunity to experience nature up close. Without It, we would
be losing one of DC's greatest outdoor acti vi ties!
........
l n d
29a27107fe 70
lips ://mai l.googlo. com/ mall/b/152/u/ O/?ui=2&ik =f 534 768664&v lew;pt &cat=Jack 's Boathouse&search= ... 1/1
'JllllEIMBIDR Mail Ro: Slrrl<ln Crimnel Incident Rec:orll
Re: Simkin Criminal Incident Record
Margaret O'Dell <peggy_o'dell@nps.goV> Thu, Dec 27, 2012 at 2:42 PM
To: Sue waldron <sue_waldron@nps.goV>, Ste\e Whitesell <Steve_Whltesell@nps.goV>. Maureen Foster <Maureon_Foster@nps.goV>
Just left you a ~ i c e mail. My email totally screwed up so I a ~ been useless. Getting messagss a day late in many but not all
instances. Call my cell if you want to discuss Jacks Boat House.
Sent from my IPhone
On Dec 27, 2012, at 9:36 AM, Sue waldron <sue_waldron@nps.gov> wrote;
Blake adding Jon, Peggy, and Maureen back on as they have besn in\Ol'A:ld in this since It broke
I doubt the fact sheet wi ll calm these waters probably raise more questions until we have a path forward do we want to
say anything more than Jon's statement? Especially If mr simkin is lawyering up?
Sue Waldron
NPS
Sent from my iPad
On Dec 27, 2012, at 8:25 AM, Blake Androfr <blake_androlf@ios.doi.gov> wrote:
Removing a few from WASO, as Ste\ suggested earlier.
Copied below Is a Washingtonian article on yesterday's meeting. Ob>iously not a great story and proof this
guy wi ll take everything to the media. When do we expect to have a final fact sheet ready for distribution? The
longer we allow this guy to shape and frame these stories, the more difficult it wi ll be for NPS to dig out.
Blake Androfr
Deputy Communications Director
U.S. Department of the Interior
National Park Se/Vice Meeting With Jacks Boathouse OW'!er In Lease Dispute
Paul Simkin's Christmas week lease e>iction notice Is on "hold" for now.
By Carol Ross Joynt
llps ://mail. google. com'rmlVb/ 152/u/O/?ul.:2&1k=f 534 768664&v iew =pl&cat=Jack's Boathouse&s eerch= ... 1/10
= 11-lE INTEHIOR Mall Re: Sim<in Qimnal Incident Record
Comments (1) I Published December 26, 2012
UPDATE: After the Wednesday afternoon meeting with NPS, Simkin described the nearly one hour
discussion as "not productive." He said, "I told them I was trying to find a win-win solution. They said they
were meeting with me only at my request and they had nothing to add or to say." Simkin said he would be
contacting a lawyer as soon as possible and would proceed based on legal advice. "It will cost the Park
Ser.ice a lot of money if I pursue legal action, " he said.
Original post follows break.
The National Park Service has scheduled a meeting wi th Jack's Boathouse owner Paul Simkin for Wednesday
afternoon to try to resolve what Simkin calls the "recent shenanigans" in\Qlving his lease at the popular boat
rental facility in Georgetown.
Ear1ier Wednesday, Simkin received an e-mail from Steve Whitesell , the regional director for the NPS, asking
him to meet with two subordinates. In the e-mail . Whitesell said he hoped the meeting "will prove
constructive," but he said, "I don't believe we will be able to provide a definitive answer to a path forward until
the New Year."
Simkin, in a phone interview with Washingtonian, said he would meet at the NPS Hains Point office with Rock
Creek superintendent Tara Morrison and Steve LeBel , who is one ofWhitesell's deputies. The final decision
about the fate of Jack's Boathouse will be made by NPS director Jon Jarvis, who is on vacation until January
7, which may explain his putting the whole process on "hold."
Late last week Simkin received what he called a form letter from NPS, his landlord, informing him of the
evicti on of the boat rental operation that opened in 1945 practically under Key Bridge. Thon on Christmas Eve
he learned that the NPS was "putting a temporary hold on the eviction" that would have gone into effect at the
end of January.
Simkin, who referred to the NPS acti ons as their "recent shenanigans," said Jarvis was reacting to "public
response." As of Monday morning, Simkin said he was told NPS had been "fl ooded" with messages, as well
as mom than 1,500 signatures on an onllne petition protesting the NPS action. Jar.is, in a statement, said he
received "hundreds of emails" from concerned citizens.
Simkin said he's not had a bad relationship with the the Park Ser.ice during the se\oen years he has owned
Jack's, though lease renewal negotiations stalled during the summer. The new lease would have been for
three years. "We started meeting in June, and then after a while they just didn't respond. I seGm to bepersona
non grata and I don't know why." He wrote to the Park Service again on Christmas night, a message which
prompted the meeting scheduled for Wednesday afternoon.
There Is no official word on what plans the NPS has for the plot of land that holds Jack's funky rental office,
piles of canoes and kayaks and an expansi1.e and colorful dock where boaters like to grill and chill during the
warm weather months. Simkin's personal theory is that the space could be designated for a "colleaglate rower
boathouse. Georgetown University spent a million dollars lobbying the Park Sel'\ice." Rachel Pugh, GU's
director of media relations, said "this Is not true."
Simkin savs he took o\oer Jack's after bcino a customer and befriendlnQ and becominQ the co-owner with the
2110
'Jlllft!llNTEHIOR Mail Ro: Slni dn Crirrinal Incident Record
" - ... ....
late Frank Baxter, the son of the original Jack. He says that since he has owned the boathouse outright the
customer base has grown substantially-to 72,000 in 2012. Admitting that the current state of affairs makes
him feel in a kind of "limbo," he said his principal concern is for the more than two dozen students and military
who work for him In season. "I'm suffering for the employees," he said. "I don't know what to tell them. "
The story of the e\1ction broke last week in Tho Gcorgetuwner newspaper and gained a lot of traction O'A;!r the
weekend.
W0 asked Simkin whether he planned to take a lawyer with him to the NPS meeting. "No, but my intention is
not to say or sign anything. I don't want to ruin the possibility to fix something In good faith." Almost
Immediately he added, "but hearing myself say that, I'm not sure. "
On Dec 26, 2012, at 9:37 PM, Sl eva Whitesell <steve_whil esell@nps.goV> wrote:
No further word on the talk show. We're still tweaking the fact sheet. Needless to say it is
complicated. Simply put, this Issue should have been resolved many years ago.
Sent from my iPad
On Dec 26, 2012, at 8;34 PM, Sue waldron <sue_waldron@nps.goV> wrote:
Not bored.
Fact sheet The details of ownership are still fuzzy, as are specifics of nps
inl.<llvement. These need to be crystal clear ... especlally with regards to legal
issues of operating this business in the park.
Any more intel on the talk show in NYC ?
Sue Waldron
NPS
Sent from my iPad
On Dec 26, 2012, at 6:36 PM, Steve Whitesell <steve_whitesell@nps.goV> wrote;
Carol, et. Al.
We haw Norma Baxter In one spot and Nora in a second. I believe
it is Norma.
Georgetown Waterfront Park was opened a year ago. Is the money
also being used for It's operation and maintenance?
Steve LeBel needs to verify that the letter to Simkin outlined the nps
plans or did it just notify him of the need to vacate by January 31?
Steve LeBel was in contact with Paul Simkin for several months. I
do not believe there was any pri or hint to Simkin or the decision to
terminate. Steve can verify.
Simkin's legal Issues had no bearing on our decision. The press Is
asking this question and I believe we should acknowledge, but
pro\1de no comment.
The boathouse operations cl osed down for the season in November
and wi ll not reopen until the spring. Slmkln's comments about
ha\1ng to tell 27 employees that their jobs are terminated is suspect.
We believe his employees are temporaiy and seasonal in nature.
ltps://mail.googla.com'rrelVb/152/ul017ul=2&ik=f534768664&vlow ::pt&cat=Jeck's Boathouso&searchc: ... 3/10
'3ll'llillNTCRIOR Mail - Re: Slni dn Olmnal Incident Rocord
Unless we hear to the contrary, let's assume we won't be coming to
any decisions until after the New Year.
We are probably boring everyone on this email chain. Let's just
have the NCR folks work on this until it's cleaned up, then forward to
the remainder.
Thanks
Steve
Sent from my iPad
On Dec 26, 2012, at 6:12 PM, "Johnson, Carol"
<carol_bjohnson@nps. gov'> wrote:
Slight change to answer question of when Simkin was
notifi ed. See bullet beginnlng ... in thB course of working
toward a contract.. ..
Jack's Boathouse Facts
The National Park Service owns the
property on which Jack's Boathouse is
located. The property Is managed as part of
Rock Creek Park.
Before becoming part of Rock Creek Park
in 1984, the property was owned by the
District of Columbia.
Jack's Boathouse was named for Jack
Baxter who, along with his wife Norma,
operated the site under a lease Issued by the
District of Columbia. The lease transferred
with conveyance of the deed from the Distri ct
to the Nati onal Park Service.
Businesses, like Jack's Boathouse,
usually operate in national parks throughout
the country under concession contracts.
Because the NPS was unable to accept
payment under conditions of the lease
transfer, the NPS asked its not-for-profit
partner, the National Park Foundation, to
operate as the leaseholder and accept
payment and to disburse collected funds to
NPS for the construction of Georgetown
Waterfront Park. In recent years,
approximately $4200 In lease payments hal,(l
been received annually
Jack Baxter passed away in 1999 at
which time the business transferred to his son
Frank Baxter, who operated the business until
klc 1fo<>tk in ?nna
ltps ://mall.google.com'rraiVb/152/u/O/?ul::i2&ik=f 534 768664&v lew " Pt&cal=Jac k's Boathouse&s earch = .. . 4/10
IJll'llillNTERIOR Mail - Re: Sirrl<ln Crlrrlnal Incident Record
After Frank Baxter's death, the business
began to be operated by Paul Simkin who had
become Frank's business partner.
Tho NPS has been working toward a
concessions contract for the operations rather
than allow it to continue commercial
operations under a lease. The NPS initiated
preliminary discussions with Paul Simkin
about entering into a temporary concessions
contract. That contract would have been
negotiated non-competitively for up to a three-
year term. At the end of the temporary
contract, the contract would be opened up for
bid. Only through open bidding can the
National Park Service, In Its trust relation with
the American public, ensure the nation that it
is receiving fair compensation for the
opportunity to run a business inside a
National Park.
In the course of working toward a
temporary contract with Mr. Simkin, ii came
to light that the lease under which Jack
Baxter operated the Boathouse could not be
transferred wi thout the approval of the
leaseholder, the National Park Foundation.
Neither the National Park Foundation nor the
National Park Service is aware of any
documentation agreeing to the assignment of
the Boathouse lease to any party other than
Jack and Nora Baxter. At that point, the
National Park Service ceased conversations
with Mr. Simkin and instead began the
process to open the opportunity for a
temporary concessions contract to all
Interested parties, consistent with National
Park Service policy. The temporary
concessions contract would allow the
operation of a boathouse at or near the current
Jack's location beginning next spring. Mr.
Simkin was informed of the NPS plans in a
letter dated December 18.
Tho National Park Service strongly
supports the operation of a boathouse at or
near the current Jack's location and is working
to ensure continued access to the Potomac
River for canoeists, kayakers and paddle
boarders.
The National Park Service has no
comment about Mr. Simkin's prosecution
before the District of Columbia Superior Court.
Questions:
lips ://rrell.google.com'ma iVb/152/u/O/?ul"2&1kcf 534 768661\&v iew =pl&cat,,Jack's Boa thous e&s earch"'. , 5110
"Jll'fl!llNTERIOR Mail Ra: Slrrldn Crlrrinal Incident Record
Did NPS inform Mr. Simkin of its decision to open up
contract (before the Dec. 16 letter)?
Did Mr. Simkin's legal issues any bearing on the
NPS decision? If not, we may not want to bring it up.
Are Mr. Simkins employees actually working at this
point? Or is he just playing for sympathy?
Do we any time frame from the Director's office of
when a decision will be made?
On Wed, Dec 26, 2012 at 4:11 PM, Whitesell
<steve_whltAsoll@nps.gov> wrote:
We'll fini sh the fact sheet, distribute to you all and
stand on Jon's statement.
Simkin told Tara and Stew LeBel he Is headed to
NYC for some talk show tomorrow.
Sent from my iPad
<dal.1d_b;:irna@nps .uov> wrot e:
>Yes stick with original message
>D
>
> - Original Message -
> From: Suzanne Waldron
[ mailto: sue_waldron@nps .gov]
> Sent: Wednesday, December 26, 2012 01 :54 PM
> To: Kato_Kolly@ios.dol.gov
<Kate_Kolly@ios.doi.gov>;
>
<SteVB_Whitesell@nps.gov>
> Cc: Peggy_O'Dell@nps.gov
<Peggy _O'Doll@ns.gov>; David_Barna@nps.gov
> <David_Barna@nps.gov>; Jon_Jarvis@nps.gov
<Jon_Jarvis@nps.gov>;
> <ste1AJ_lebel@nps.gov>;
Lisa_Mendelson-lelml nl@nps.gov
> < Lisa_Menclelson-l clmini@nps.gov>;
Sue_ Waldron@g-nps. doi . gov
> <Sue_Waldron@g-nps.doi.gov>;
Blake_Androfl@los. doi.gov
> <Blake_Androff@ios.doi.gov>;
C<:irol_B _Johnson@nps.gov
> <Carol_8_Jot111son@nps.gov>;
tara_morrison@nps.gov <tara _ morrison@nps.gov>
> Subject : Re: Simkin Criminal Incident Record
>
> Agree on sticking with Jon's statement... that's
what david and I had
> decided thi s morning.
>
> From: Katherine Kelly
[mailto:kate_kelly@ios .dot.gov]
> Sent: Wednesday, December 26, 2012 03:44 PM
> To: Suo_Waldron@nps.gov
<Sue_Waldron@nps.gov>;
Whitosoll<@nos.aov
ltps ://rTE1il.google.com'rmlVb/ 162/u/Onul.,2&ik=f 534 768664&v lew mpt&cat=Jack's Boa thous e&search"' ... 6/10
'3ll'ft!llNTERIOR Mail Re: Slrrldn 0-imnal Incident Record
> <Steve_Whilosoll@nps.gov>
> Cc: peggy_o'doll@nps.gov
<peggy _o'dell@nps .goV>; David_Barna@nps.gov
> <David_Barna@nps.goV>; Jon_Jar\.is@nps.gov
<Jon_Jarvis@nps .goV>;
> steve_lebel@nps.gov <sto'vl:l_lebel@nps.golP;
Lisa_Mendelson-ielmini@nps.gov
> <Li sa_Mendelson-ielmini@nps.gov>;
S uo_ Waldron@g-nps. doi .gov
> <Sue_Walclron@g-nps.doi.gov>;
blakc_androff@ios.doi .gov
> <blake_androff@ios.doi.gov>;
Carol_B _Johnson@nps.gov
> <Carol_B_Johnson@nps.gov>;
tara_morrison@nps.gov <tara_morrison@nps.goV>
> Subj ect: Re: Simkin Criminal Incident Record
>
> l'...e been out of cell ser\1cc, so apologies for
chiming in late.
>
> I think we need to stay very disciplined on all
responses to press be of
> the legal and public opinion considerations.
>
> I would recommend that. for now, until we ha...e a
better sense of where
> this is headed, that Jon's stmt stand as the on
the record stmt.
>
> Questions about status can be answered with "we
are still reviewing the
> matter."
>
> I don't thi nk we shd engage In questions about the
why. If you all feel
> strongl y otherwise, I recommend drafting a short
stmt that you get cleared
> by the lawyers and sti ck with that.
>
>
>
>
> From: Suzanne Waldron
(mailto:suo_waldron@nps.gov]
>Sent: Wednesday, December 26, 2012 01 :16 PM
>To: Stove_Whitesell@nps.gov
<Steve_ Whitosoll@nps.gov>
> Cc: Peggy_O'Dell@nps.gov
<Paggy_O'Doll@nps. gov>; David_Bama@nps.gov
> <David_Barna@nps.gov>; Jon_Jarvis@nps.gov
<Jon_Jarvis@nps.goV>;
> l<ate_Kelly@ios.doi.gov
<Kate_Kelly@los.doi.goV>;
> Li sa_Mendelson
ielmlni@nps.gC>v
> <Lisa_Mendelsoniclmini@nps.goV>;
Sue_Waldron@g-nps.doi .gov
> <Sue_Waldron@g-nps.dol.gov>;
Blake_Androff@ios.doi.gov
> <Blake_Androff@ios.dol.gov>;
Carol_8 _Johnson@nps.gov
> <Carol_B_Johnson@nps.gov>;
tara_morrison@nps.gov <tara_morrison@nps.gov>
>

Upa :l/rrail.google .com'ma1Vb/152/u/O/?ui=2&ik=f 634 768664&v iew =pt&ea t=Jac k's Boathoua e&search= ... 7110
' 30/ 14
>
> Was not aware that peggy and da\Ad asked region
to handle. Agree that Is
> best since you folks have the info and
background. David stepped in to
> fi ll the '.1:lid as this spi raled out of control: we are
happy to step back.
> Appreciate the opportunity to take a look at the
factsheet before release.
>
>
> Any update on what happened in the meeting?
>
> From: St e\K3 Whitesell
[mallto:slelA'.l_whitesell@nps.gov]
>Sent: Wednesday, December 26, 2012 02:49 PM
> To: sue waldron@nps.gov
<sue_waldron@nps.goV>
>Cc: peggy_o'dell@nps.gov
<poggy_o'dell@nps.goV>: daliid_barna@nps.gov
> <dalAd_barna@nps.goV>; jonjar\As@nps.gov
<jonj <1r\As@nps.gov>;
> kate_kelly@ios.dol.gov
<kato_kelly@ios.do1.goV>; steli{)_lobcl@nps.gov
> <ste-.e_lebel@nps.goV>; Li sa_Mendelson-
iolmini@nps.gov
> <Lisa_Mendelson-i elmini@nps.gov>;
Sue_ W aldron@g-nps. doi. gov
> <Sue_Waldron@g-nps. doi.goV>;
blake_androff@los.doi .gov
> <blake_androff@ios.doi.gov>;
Carol_B_Johnson@nps.gov
> <Carol_B_Johnson@nps.goV>;
tara_morrison@nps.gov <tara_morrison@nps.gov>
> Subject Re: Simkin Criminal Incident Record
>
> Sue
>
> We are well aware that what is said to Simkin wil l
make the press. He
> asked for the meeting so not meeting would be
news as well ..
>
> Peggy and David asked us to answer the press.
We are happy for you guys
> to handle if you want.
>
> The fact sheet is being reviewed. We wi ll include
you all before release.
>
>
> From: Sue waldron [mailto:sue_waldron@nps.gov)
> Sent: Wednesday, December 26, 2012 11 :28 AM
> To: Steve Whitesell <steVti_whitesell@nps.gov>
> Cc: Margaret O'Dell <peggy_o'dell@nps.gov>;
Bama, David
> <daliid_barna@nps.goV>; Jonathan Jarliis
<jonjarliis@nps.goV>; Katherine
> Kelly <kate_kelly@ios.tloi .gov>; Stew LeBel
<steve_lebel@nps.goV>; Lisa
> Mendelson-lelmini .::Jisa_mendelson-iolmini@nps.
gov>; Suzanne Waldron
> <Sue_Waldron@g-nps.dol.gov>; Blake Androff
<blake_androff@ios.doi.gov>;
> r.Aml . ll"lhnc:m1 <('..,rl"ll R ll"lhnc:l"lnlfi\nnc: nn11>
Ups ://mail. googlo.com'rreiVb/152/u/O/?ui=2&ik"f 534 766664&view =pt&cat=Jack's Boathouse&search= . 6/10
'3ll'll!11NTERIOR l\llail Re: Slm<in Crirrinal ncidont Record
.... vY_ ..... I
Tara Morrison
> <tnra_morrison@nps.goV>
>
> Stew: what are Tara and Stew label discussing
with mr Simki n? It
> should be assumed that evel)'thlng we say to him
will immediately make it
> into the media and that we meaning Dallid who
remains at the pointy end
> of this spear. wi ll be getting calls any minute!
>
> Will be great to ha..e a fact sheet. but please
send It to thi s group
> before It Is disseminated to press.
>
>
>
>Sue Waldron
> NPS
>
> Sent from my iPad
>
>
>On Dec 26. 2012, at 2:22 PM, Steve Whitesell
<s 101.e_whitesell@nps .9011>
> wrote:
>
We are putting together an updated fact sheet
that Carol Johnson can
> prollide to the press. Tara Morrison and Steve
LeBel are meeting just
> about now with Paul Simkin. He has asked for
Jon's contact information
> for which we provided the generic nps address.
>>
Sent from my IPad
>>
On Dec 26, 2012, at 11:54 AM, Margaret O'Dell
<pcggy _o'dell@nps .9011>
>wrote:
>>
> Steve and Lisa you need to weigh on here
please.
>>>
> Sent from my iPhone
>>>
> On Dec 26. 2012. at 11 :27 AM, "Barna, David"
<david _ barna@nps.gov>
>wrote:
>>>
>>All
>>>>
>> We are getting media calls about WHY we
are terminating our
> relationship
with Jacks boathouse. Local TV and print
reporters want interviews or
> an
>> explanation of WHY.
>>>>
>>>> So far I've said nothing,
>>>>
The attached PUBLIC documents probably
answer the question or WHY,
> they
inrl11rlo tko r'Ori ont rriminp l rQt'"rli c
768661\&viow =pt&cat,.Jack'e Boathous0&soarch
111
9/10
"Jll'l811NTERIOR Mili! - Re: Sirrilin Qlrrlnal Incident Record
>>>>
>>>> Can these documents be fOiwarded to the
news media?
>>>>
There Is an actiw Facebook page called Sa'.()
Jacks Boathouse From
>Closing.
The public thinks we are moving to close
down and remove the facility.
>>>>
>> I could use some guidance.
>>>>
>>>>David
<10.26.12 SOL email re Simkin Deferred
Prosecution Agreement.pdf>
<US v Simpkin DC Superior Court Website ..
Deferred Prosecution
> Agreement 10.16.12. pdf>
<8.9.12 USPP Criminal Incident Report
Simkin Durnplng.pdf>
Carol Bradley Johnson
Communications Offi cer
National Pmk Sorvi co
National Mall and Memori al Parl<s
900 Ohio Dri ve, SW
Wamlngton, D.C. 20024
!'hone: 202245-4700
ttps ://mail.google.com'maiVb/152/u/O/?ui=2&ik=f 534 768664&vlew =pt&cat=Jaok's Boathouse&search= .
F 1HE INTERIOR Mall Re: Any updates on Jack's? ...
Re: Any updates on Jack's? ...
Johnson, Carol <:carol_bjohnson@nps.gov.> Thu, Dec 27, 2012 at 12:48 PM
To: Ste\() Whitesell <steve_whltcscll@nps.goV>
Cc: Laura Oa-.is <laura_da\1s@ios.doi.90V>, "Androff. Blake" <blake_androlf@los.do1.goV>, "Rachel_Jacobson@ios.doi.gov' <Rachel_Jacobson@ios.dol.gov:>,
"Jon_Jar\1s@nps.gov'' <Jon_Jarllis@nps.gov:>, "peggy _o'dell@nps.gov'' <:peggy _o'dell@nps.goV>, "Maureen_Foster@nps.gov'' <:Maureen_Foster@nps.gov.>,
"kate_kelly@ios.doi.gov'' <kato_kelly@ios.doi.goV>
I am attaching the latest fact sheet.
I am continuing to get calls on this. Reporter from the Washington Post is asking all the right questions and I'd like to be able to give her the answers
soon. (What are the loaso conditions? Who has thG lease? How much is being made?) Also knows about tho dumping charges (you will see that
referencod In the fact sheet) I'd like the go-ahead to give this to her or have someone talk to hor
Carol
On Thu. Dec 27, 2012 at 12:37 PM. Stow Whitesell <stew_whltosell@nps.fJOv> wrote:
The fact sheet is in it's final rc\1ew. I'm including Carol Johnson in this email. She has the latest edition and will forward to a!I on this chain.
As for Blake's question. the answer Is sadly no. We did a poor job of talking to Simkin once we found there was an undertying problem with the lease
(ie. It couldn't be transferred without The approval of the leaser the NPF acting on our My folks wore exceptionally reti cent to contact Simkin, In
spite of strong pushing, once our Solicitor's began to question tho undertying lease instrument. As is said, you can load a horse to water. but you can't
make them drink.
Steve
Sent from my iPad
On Doc 27, 2012, at 12:05 PM. Laura Oa\is <laura da.,,;s@ios.doi.gov> wrote:
Thanks, Blake. Agree it would be most helpful to finalize the fact sheet and any accompanying Info we haw. to pass along as
background. We should aim If we can for the holding statement lo get us through on the record unti l next week, when Jon and the toam
can put some more time into thinking about the timing of their re-.iew and path forward. To that ond, do we expect to hal,(l a fact sheet
finalized today?
Sent from my IPad
On Dec 27, 2012, at 8:23 AM, "Androff. Blake" <blake flndmfl@ios.dol.gov.> wrote:
No additional pending requests, but copied below are two stories from this morning - Washington City Paper and the
Was11lngtonian. NPS is continuing to use the holding statement from Jon that the matter Is on hold until further re\Acw, but
it is clear that this fella Is willing to go to the media to paint a picture or uncertainty and confvsion. Tho regi on is working on
a fact sheet and I think i t would be helpful to be able to push back on same of the claims (lo being able to point to
correspondence, if It exists, between NPS and Simkin showing there have been multiple efforts to work with him, etc.) even
if we don't pro-Ade further comment until we have a path forward.
Still Not Much Clarity on Jack's Boathouse
Posted Wiener on Dec. n, ?01? al 10: 14 arn
ttps ://mail .google. com/mall/bl 152/u/O/?ui=2&1k=f534 768664& ..;aw= pt&cat;;;Jack's Boathouse&search=, .. 1/4
F THE INTERIOR Meil - Re: Any updatos on Jack's? ...
I
'.
'
:t I
. '
' .
After speaking wi th Jack' s owner Paul Simkin and a
National Park Service spokesman, I can say lhat NPS' intentions are about as clear as the Waters of the Potomac.
Simkin says ho had three rounds of correspondence INilh NPS: lho initial termination of his lease: an NPS
statement follov.ing public outcry that a boathouse 'Mluld remain and Simkin was welcome lo bid on lhe
concession; and word from NPS Director Jon J arvis lhat ''everything was put on hold ... until he's had time lo
rnviow."
That last bit of information seems to be the pertinent one. Acc:ordlng to NPS spokesman David Barna, Jarvis has
''just pul a hold on everything until he gets back (from vacation] in a week or so."
Simkin 'Mlrries thal l110 language of NPS' reversal doesn't guarantee thal J01ck's can stick around, but rather iust
lhal a boathouse wi ll 10 operate in that location. "Yes, lhe boathouse will be lhero, but that doesn't
speak 10 mo," he says.
Barna confirms t hat there's no guarantee one way or another. The idea Is to c:hange the arrangement from a
lease- NPS picked up Jac:k's loase when the Georgetown waterfront properly was transferred to NPS in 19'1-lo
a more conventional concession. It's pos&ible that the concession wi ll be given to Simkin '.'Athout a bidding
process, says Barna. or that it'll be open to bids from all parties.
"Lease kind of things are rare for us." says Barna. "We tond to operate under these concessions laws where
thoso things go oul for a bid for a number or years.''
But Simkin 'Mlrries that a bidding process could simply go to \Nhomevcr NPS favors, \Nhlch might not be Jack's. "I
wc1:; told by folks that know that the Park Serivce doesn't follow proposals and bids like other organizations."
Simkin says, referring to the common practice of giving the concession to the highest bidder. "It's done strictl y on
what they believe to be the right fit. " (Barna concedes that's true: "It does not come dow1 to highest bidder,
lowest biddor," ho says. "It has a lot of other things in terms of INhat the concessioner w:>l1ld supply.")
Simkin says he was Initially brought into NPS headquartBrs this summer and told that he would have to chango to
a concession. First. he says. It was a three-year temporary contract; then it became one year, then !'NO. After
that, Simkin says ho called and wrote to NPS more than 20 tlmes-"nlce letters. not snarky douch9bag letters,
pardon the French"- but the only answer he received was "a message back that they' re pursuing the matt er and
will get back to us shortly. They nover did."
Simkin fears that what's really behind these developments is a desire by NPS to push Jack's out in favor of a
Georgetown Uni versity boathouse or a boathouse operated by
contractor that runs most of the nearby boathouses.
"I think we're )ullt In the wrong place at the wrong limo." Simkin says.
National Park Servir;;e Meeting Wit/1 Jack's Boa/house Ov.oor In Lease Oispvte
Paul Slrnkln's Christmas week leaso e'.iction notice is on "held" for now.
By Carol Ross Joynt
, the dominant NPS
Jack's Boathouse. the popular boet rental facility In Georgetown, on Monday morning in t he snow. It faces an
uncertafn future. Photograph by Carol Ross Joynt.
UPDATE: After the Wednllsday afternoon meeting with NPS, Simkin described the nearly one hour
discussion as "not productlw." He said, "I told them I was trying to find 01 win-win solution. They said they
were meeting wi th me only al my request and they had nothing to add or to say." Simkin said he would be
contacting a lawyer as soon as possible and would proceod based on legal advice. 11 wi ll cost the Park
Service a lot of momiy If I pursue legal action," he sai d.
01iainal oosl follows bt'eak.
ttps://mall.googlo.com/maillb/152/u/O/?ul,,,2&1k=f534766664&view=pt&cat =Jack's Boathouse&search= ... 214
f\3(JJ-1iJ INTERIOFl Mail Re: Any updates on J11ck's? ...
The National Park Serlllco has scheduled a meeting with Jack's Boathouse owner Paul Simkin for
Wellnescfay afternoon to try to resolve what Simkin calls the recent shenanigans" inwllAng his loaso al tho
popular boat rent11I f<ici llty In Georgetown.
l!arllor Wcdnoscf11y. Simkin recolvod an e-mail from Stow Whi tesell , the regional director for the NPS, asl<ing
him to meet with two subordinates. In the e-mail, Whitesell said he hoped the meeting "will prove
constructlw,' but he said, "I don't bolle\<l we will be able lo pmlAde a definitive answer 10 a path forward until
the New Year:
Simkin, in a phone lnter\Aew with Was/1ingtonien, said he would meet ot the NPS Hains Point office wi th Rock
Creek superintendent Tara Monison and Stew LoBel, who is one of Whilesell's deputies. The final decision
about tho fate or Jack's Boathouse w111 bo made by NPS director Jon Jar\ois. who is on vacation until January
7, which may explain his putting the whole process on "hold."
Late last week Simkin mcelvod what he called a form letter from NPS, his landlord, Informing him of the
elliclion of tho boat rental operation that opened In 1945 praclically undor Koy Bridge. Then on Christmas Evo
he learned that the NPS was ' putting a temporary hold on the e\oiction" thef would have gono into effect at Iha
end of JanlJRry.
Simkin, whu referred lo the NPS actions tis ttwi r recent shenanigens," s<1id JarlAs was reacting to "public
response." As of Monday morning, Siinkln said he w<1s told NPS had been "Hooded" with messagos, as well
as more thRn 1,500 signatures on an onlina petiliOll protGsllng the NPS action. Jarllls. In a statement, si!icf he
"hundreds of emails" from concorned citizens.
Simkin said he's not had a bi!d relationship with the l11e Park Serl/fee during the years he has owned
Jack's, tholJgh le;1se renewal negotiations stalled during the summer. The new lease would haw been for
three years. "We staned meeting in June, and then after a while they just didn' t respond. I seem to bepersona
11011 grata and I don't know wt'Y. Ho wrote to the P<irk Sel'.Aco again on Christmas night, a message which
prompted the meBling scheduled for Wednesday afternoon.
There is no official word on what plans the NPS has for the plot of land that holds Jack's funky rental office.
piles or canoes and kayaks and an expansl-.e and colorful dock wMro boaters like to grill and chill during the
warm weather months. Simkln's personal theory is that the space could be dasignatod for a "collea9iate rower
boathouse. Georgetown University spent a million dollars lobbying lhe Park Service." Rachel Pugh, GU's
director of medi1;1 relations, said "this Is not
Simkin says he took Ol(lr Jack's after being 11 customer and befriending and becoming the co-owner with the
customer base has grown substantially- lo 72,000 in 2012. Admitting that the current state or affairs mekes
him feel in a kind of "limbo,' he said hi s principal concern is for the mom than two dozen students and military
who work for him in seeson. ''I'm suffering for the employees."' he said. "I don't know what to tell thom."
n1e story of the e\oiction broi\e last week In The Georgetowr1er newspaper and gained a lot of traction o\er the
weekend.
We asked Simkin whel l1or ho planned to take a lawyof with him lo the NPS rneellng. "No, but my intention is
not tu or sign anything. I don't want to ruin the possibility lo fix something In good faith. " Almost
immediately he edded, "bul hearing myself sey th!lt. I'm not sure."
On Thu, Doc 27, 2012 et 10:47 AM, Laura Da\ois <leura_tla'Vis@los.doi.9011> wrote:
Looping Blake to sec If we any furthef Inquiries today. My serise is
11,at there Is moment1;1ri!y less lnterost with Jon's announcing he Is
re\oiewing the decision. I Imagine we'll get follow ups soon asking for
timing and details of the relliew.
From: Rachel Jecobson [mallto:racheljar:ci bson@ios.clol.gov]
To: Jon_Jar\ois@nps.gov <Jon_Jarvis@nps.goV>; peggy_o'dell@nps.gov
<pegyy _u'lleli@nps.gov>; Ml'luraen_Foslor@nps.gov <Maureen_t-oster@nps.gov>;
slo\e_whitesell@nps.gov <stow_whilesell@nps.g(JV>
Cc: Laura_Da\lls@los.doi.gov <Laura_Da\lls@los.doi.goV>;
Kate_l<clly@ios.doi.gov <Kato_Kolly@ios.doi.goV>
Subject: Any updates on Jack's? ...
I'm here thi s week If any assistance is needed.
314
F.llJHl!l INTERIOR Mall Re: Any updates on Jack's? .. .
Bl ake Androff
De1n11Y D1rnc1o r of Comm11niea llons
U.S. Depa rtment ol 1hc Interior
Office; {202) ]OR 6416 I Cell: {202)
Cornnwnic.i11ont1 Orfitor
N;itl oml l Paik Se1Vlt0
National Mnll nnd Pall<;
MO 01110 Dnve. SW
Wa!l11nnton. n.c. 2002d
Phone 2022d5-'1700
Jacks_cbjedits_ver2.docx
19K
llps://mail.google.com/mall/ b/152/u/O/?ui=2&1k=f534766664&vfew=pt&cat Jack's Boathouse&search= ... 414
Androff, Blake <blake_androff@los.dol.gov> Thu, Dec 27, 2012 at 1:38 PM
To: "Johnson. Carol" <carol_bj ohnson@nps.goV>
Cc: t e ~ Whiteael! <stew_whltesell@nps.gov>, t..aura Da>As <laura_da.,;a@ios.do1.gow. "Rachel_Jacobson@los.dol.gov' <Rachel_Jacobson@los.dol.gov>,
Jon_Jar.1s@nps.gov' <Jon_JaNis@nps.gov.>, "poggy _o'dell@nps.gov <peggy _o'dell@nps.gov>. "Mauroon_Foster@nps.gov <Maureon_Foster@nps.gov.>.
"kate_kelly@ios.do1.goV' <kate_kelly@ios.doi.gov>
Attached aro some redline edits. along with sewral questions in the 'comments' section oi the marked up wrsion that I'm hoping the region I park can help
answer.
On n1u. Doc 27, 2012 at 12:48 PM, Johnson, Carol <carol_bjohnson@nps.go\P' wrote:
I am attaching the latest fact sheet.
t am continuing to get calls on this. Reporter from the Washington Post Is asking all the right questions and I'd l ike to be able to glw her the answers
soon. (What are the lease conditions? Who has the lease? How much is being mado?) Also knows about the dumping charges (you will see that
rereronccd In the fact sheet) I'd like the go-ahead to giw thi s to hGr or a ~ someone talk to her
Carol
On Thu, Dec 27, 2012 at 12:37 PM, Stew Whitesell <stew _whilesell@nps.gov.> wrote:
The fact sheet is in it's final rc>Aew. I'm including Carol Johnson in this email. SM has tho latest edition and will forward to all on this chain.
As for Blake's quostlon, the answer is aadly no. We did a poor job of talking to Simkin once we found there was an underlying problem with the lease
(le. It couldn't be transferred without The approVi.11 of the leaser the NPF acting on our bet1a1n. My fol ks were exceptionally reticent to contact Simkin, In
spi te of strong pushing, once our Solicitor's began to question the underlying lease instrument. As Is said, you can lead a horse lo water, but you can't
make them drink.
Ste\G
Sont from my iPad
On Dec 27, 2012, at 12:05 PM, Laura oa.,;s <IC1ura davi s@ios.doi.gov> wrote:
Thanks, Slake. Agree It would be most helpful to finalize the fact sheet and any accompanying info we ha\G, to pass along as
background. We should aim If we can for the holding statement to get us through on the record until next week, when Jon and the team
can put some more time Into thinking about the timing of their review and path forward. To that end. do WQ oxpect to hew a fact shClet
finalized todiiy?
Sent from my iPad
On Dec 27, 2012, at 8:23 AM. "Androff, Blake" <blake_androff@los.doi.goV> wrote:
No additional pending requests, but copied below are two stories from this morning - Washington City Paper and the
Washingtonian. NPS is continuing to use the holding statement from Jon that the mattor Is on hold until further re>Aow, but
it is clear that this fella l s willing to go to the media to paint a picture of uncertainty and confusion. The region is working or1
a fact sheet and I think it would be helpful to be able to push back on same of the claims (le being able to point to
correspondence, if it ellista, between NPS and Simkin showing there haw been multiple efforts to work with him, etc.) even
if we don't pro>Ade further comment until we haw a path forward.
Posted by Aaron Wiener on Doc. :>r , 2012 at 10.14 am
ttps://rnail.googlo.com/maillb/152/u/O/?ul 2&ik'"f534760664&1Aew" pt&cat=Jack's Boathouse&search= ... 1/4
/30/14
_(
After speaking with Jack's owner Paul Simkin and a
National Park Service spokesman, I can say that NPS' Intentions arc obout as clear as the 'Nators of the Potomac.
Simkin says ho had three rounds of correspondence v.ith NPS: thB initial termination of his IBasc; an NPS
statement rollowing public outcry tnat a boathouse would remain and Simkin ws welcome to bid on the
concession: and word from NPS Director Jon Jarvis that "everything was put on hold ... until ho' s had time to
review."
That last bit of information seems to bB tho pertinent one. According to NPS spokesman David Barna, Jarvis has
"just put a hold on everything unlll ho gets back [from vi;lcatlon] In a v.uek or so."
Simkin oorries thcit the language of NPS' reversal doAsn't guarantee that Jac;k's can stick around, but rather just
that a boathouse v.ill continue to opBrato in that location. "Yes, tho boathouse v.111 be thQrn, but that doesn't
speak to me." he says.
Borna confirms that there's no guarantee one way or another. The idea is to ch<inge the arrangement from a
loaso- NPS picked up Jack's lease when the Georgetown waterfront property was transferred to NPS in 1984- to
a more conventional concession. It's possilJle that the concession will I.le given to Simkin without a IJiddlng
process, says Barna. or that it'll be open lo bids from all parties.
"Lease kind of things arc rare for us," says Barna. "We tend to operate undBr these concessions laws where
these things go out for a bid for a number of yBars."
But Simkin worries that a biclding process could simply go to whornovcr NPS favors, which might not be Jack's. "I
was told by folks that know that the Park Sorivce doesn't follow proposols and bids like other organizations,"
Simkin says, roforring to the common practice of giving the concession to the highest bidder. "It's done strictly on
what they believe to be the right fit." (Barna concedes !hut's true: "It doQs not come down to highest bidder ,
lowest bidder,'' he says. "It has a lot of other things in terms of what tho concessioner v.(luld supply.")
Simkin says lrn was initially brought into NPS headquarlers this summer and told thal he 'Jlo()Uld have lo change to
a concession. First. he says, It was a three-yQm temporary contract; then it became one yeor, then two. After
that, Simkin says he called and wrote to NPS more than 20 times-"nlco letters. not snarky douchebag letters,
pardon the Frencll"- but the only answer he roceived was ''a message back that they're pursuing the matter and
will get back to us shortly. They never did."
Simkin fears that what's really behind th!lse developments Is a dsiro by NPS to push Jack's out in favor of a
Georgeto1M1 University bocithouse or a boathouse operated by
contractor that runs most of the nearby boothouses.
"I think we' re just In the IM'ong place at the wrong time." Simkin says.
Ne/Iona/ Park .Setvic:P. Meellr1g With JDCk :S Boathouse Ow1or In Lease Dispute
Paul Slmkln's Christmas week loase eviction notice is on "hold" for now.
By Carol Ross Joynt
. the dominant NPS
Jack's Boathouse, the popular boat rental facility in Georgetown, on Monday morning In the snow. It faces an
uncertain lutum. Photograph by Carol Ross Joynt.
corn1Mnts (1) I Published December 26, 2012
UPOATE: After the Wednesday afternoon meeting witt1 NPS, Simkin described lhQ nemly one hour
di scussion as "not He said, "I told them I wi;is trying to Ond a win-win solution. Thoy said they
were meetin9 with me onl y at my request and they had nothing to acid or to say." Simkin said he would be
contacting a lawyer as soon as poss1l>lc and would proceed based on legal adl.ice. "It will cost the Par1<
Sef"1cc a lot or rnonev If I oursue leoal action." he said.
ttps:l/mail.googlo.com/mail/b/152/u/ O/?ule2&ik" f534768664&vlew=pt&cat "' Jack's Boathouse&search" 2/4
F3lffit IN"ft:RIOR Mail Re: Any updates on Jack's? ...
Origimil post follows broa/c
The Nallonal Park Scr'llice has scheduled a meeting with Jack's Boathouse owner Paul Simkin for
Wednesday f;l fternoon to try to resolve whut Simkin coil s the "recent shen<inigans" inwl'iing his lease at th(;l
popular boot rental facility in Geotgetown.
Earlier Wednesday, Simkin nn e-mail from Stew Whitosell, the regional direcl ot fot tM NPS, asking
him to maet w1t11 two subordinates. In the o-mail, Whi tesell said he hoped the meeting "will pro'.'El
constructive," he said, "I don't believe we will lle able to pro'iido a definitiw answer to a path forward until
the New Year."
Simkin, in a phone interview with Washingtoni:;m, saiu he would meet al the NPS Hains Point office with Rock
Creek superintendent Tara Morrison and Ste1,Q LeBel. who is one of Whltosoll's deputies. The final decision
about the fote of Jack's Boathouse will be made by NPS director Jon Jtir\is, who is on vacation until January
7. which may explain hi s putting tho whole process on "hold."
Late last week Simkin recei \.ed what he cslled a form lelter fro1n NPS. his lsndlord, informing him of the
eviction or lt1e boat rentol operation ihet opened In 1945 practically Linder Key Bridge. Then on Christmas Ew
ho loamed that thE! NPS was "pulling a 1e1npon;1ry hOld on the e'iictlon" that would ha'A'l gono into effect al the
end or January.
Simkin, who referred to tho NPS actions as their "recent shenanigans, " said Jarvi s was reacti ng to "public
response." As of Monday morning, Simkin said he was told NPS had been "Hooded" with messages, as well
as more th;in 1,500 signatures on an nnlina petition protesting the NPS <iction. Jal'iis, In a statement, said hQ
1ocei..ed "hundreds of emails" from concerned citi7.ens.
Simkin said he's not had a bad relalionship will\ the the Park Service during the sown years he has owned
Jack's, though lease renowal negotiations stalled during mo summer. The new lease would haw been for
three years. 'We started meeting in June, and then after a while thOy just didn't respond. I seem to bepcrsona
11011 grata and I don't know why." He wrote to the Park Sel'iice again on Christmas night, a message which
prompted the meeting scheduled for Wednesday afternoon.
There is no official word on what plans the NPS has for the plot of land that holds Jack's funky rental office,
piles of canoes and kayaks and an expansl..e and colorful dock Wl\ere boaters like to grill anu chill during the
warm wealher montt1s. Slmkin's personal theory Is that the space could be des19na1ed for a "colleagiate rowor
boathouse. Georgetown Uni\/Orsity spent a million dollars lot)by1ng the Park Ser.ice." Rachal Pugh, GU's
diriictot of media relations, said "this is not true."
Simkin says he took owr Jack's after being a custom(;lr and befriending and becomin9 ttie co-0wner with the
late Frank Baxter, tho son of ihe original Jack. Ho says that since he has owned tho boathouse outright tho
customer base has grown substantially- to 72,000 in 2012. Admitting that the current state of affai rs rn<ikes
him feel in a ki nd of "limbo." he said hi s princip;:il concern is for the more tllan two do:1:en student:i and military
who work for him in season. "l'1n sufferi ng for the employees," he said. "I don't k11ow what to tell th(:lm."
The story of the e\1ction broke last week In 111e Georgetowner newspaper and gained a lot or traction o-.er the
weekend.
w e asked Simkin whether he plannod to toke a lawyer with him to tile NPS meeting. "No, but my Intention is
not to say or sign anything. I don't want to ruin mo possibility to fix something ii1 good faith. " Almost
lmmodlatcly he added, "but hearing myself say th<it, I'm not suro."
On Thu. Dec 27, 2012 at 10:47 AM, Laura Davis <faura_da'iis@los.doi.goV> wrote:
Looping Blake to see if we h<ive any rurthor Inquiries today. My sense Is
that there is momentarily less Interest with Jon's announcing he is
the decision. I imagine we'll get follow ups soon asking for
liming and details of the review.
From: Rachel Jacobson [meil to: ractieljacobson@ios.doi.gov]
Sent: Tuuraday, December 27, 2012 07:04 AM
To: Jon_Jorvis@nps.gov <Jon_Jar'iis@nps.goV>; peggy_o'dell@nps.gov
<peygy _ o'dcll@nps.gol/>; Maureen _Fustor@nps.gov <Maureen_Fos tor@nps .gol/>;
steve whitesAll@nps.gov <steve_whitesell@nps.goV>
Cc: LaL1ra_Do\1s@ios.doi.gov <L<iuro_Da\1s@ios,doi.goV>;
Kale_Kall y@ios.doi.gov <l<ate KE! lly@ios.dol.gov.>
Subject: Any updates on Jack's? ...
I'm here this week if any assistance is needed.
ttps://mail.google. com/maillb/152/u/0/7uio:2&ik=f534 768664&\iiew"' pt&cat=Jack's Boathouse&search= .. . 3/4
= lHE; INTERIOR Mall Re: Any updates on Jack's? ...
Dlnke /\ndroff
Deputy Orrcttor of Commun1tations
U.S. Department of lh<i ln1erlo1
Offit<l : (202) Z08-641G I Cel l : (20'l ns-7435
Cnrol Bradley Johnson
Com1ThJt11cations Officer
N1111on11I Pork SelVlce
Mall ;ind Mon,orit\l Ptuka
900 Ohio SW
DC. 20021
PhOne 207.i41,.4100
Al okc And1otf
Deputy Oirctlor ol Cor1'1munlcattons
U.S. Departme nt of the lnl<'lior
Office : (202) 208 M16) (102) 775 7435
I@ Jack,_cbjedits_edltsV2.docx
27K
ttps://mail.google.com/mall/b/152/u/O/?ui=2&ik=f534768664&\o'iew=pt&cat"'Jack's Boathouse&soarch ... 4/4
130/14 DEPARTMENT OF THE INTERIOR Mail - Jack's Boat house Emails
Jack's Boathouse Emails
Smith, Ann <ann_bowman_smith@nps.goV> Thu, Dec 27, 2012 at 12:31 PM
To: Ste"AS LeBel <ste"AS_lebel@nps.goV>, Ste1.e Whitesell <ste"AS_whitesell @nps.goV>
Ste"AS and Ste1.e,
We ha1.e received an email that speaks to both the Yule Log and Jack's Boathouse. We are responding to the
Yule Log portion. To whom should the email be forwarded to respond to the Jack's Boathouse situation?
Ann
Ann Bowman Smith
National Park Service Liaison to the White House
(202) 619-6344 (main office)
(202) 619-6354 (direct line)
ttps://mall.google. com/malll b/152/u/O/?ul 2&1k =f 534 768664&11 lew=pt&cal =J ock's Boathousc&se11rch= ... 1/ 1
BmCF THE INTERJOF\M;Jil Ro: Any updates on Jack's? ...
Laura Davis <laura_davis@ios.doi.gov.> Thu, Dec 27, 2012 at 12:05 PM
To: "Androff. Blake" <blake_androff@ios.doi.gov>
Cc: "Rachel_Jacobson@los.doi.gov" <Rachel_Jacobson@ios.doi.gov>, "Jon_Jai'\As@nps.gov' <Jon_Jai'\As@nps.gov>,
"peggy _o'dell@nps.gov' <peggy _o'dell@nps.gov>. "Maureen_Foster@nps.gov' <Maureen_Foster@nps.gov>, "sle\13_whitesell@nps.gov'
<stew_whitesell@nps.gov>, "kate_kelly@ios .dol.gol/' <kate_kelly@ios.doi.gov>
Thanks, Blake. Agree it would be most helpful to finalize the fact sheet and any accompanying Info we haw, to pass along as
background. We should aim if we can for the holding statement to get us through on the record until next week, when Jon and the team
can put some more time into thinking about the timing of their review and path forward. To that end, do we expect to have a fact sheet
finalized today?
Sent from my iPad
On Dec 27, 2012, at 8:23 AM, "Androff, Blake" <blake_androff@ios.doi. gov> wrote:
No additional pending requests, but copied below are two stories from this morning - Washington City Paper and th0
Washingtonian. NPS is continuing to use the holding statement frorn Jon that the matter is on hold until further review, but
it is clear that this fella is wi lling to go to the media to paint a picture of uncertainty and confusion. The region Is working on
a fact sheet and I thi nk It would be helpful to be able to push back on same of the claims (ie being able to point to
correspondence, if it exists, between NPS and Simkin showing there have been multiple efforts to work with him, etc.) even
If we don't provide further comment until we have a path forward.
Posted by Aaron Wiener on Dec. 27, 2012 <1 t 10:1'1 am
After speaking with Jack's 01M1er Paul Simkin and a
National Park Service spokesman, I can say that NPS' intentions are about as clear as the waters of the Potomac.
Simkin says he had three rounds of correspondence wi th NPS: the Initial termination of his lease; an NPS
statement following public outcry that a boathouse would remain and Simkin was m lcome to bid on the
concession; and word from NPS Director Jon Jarvis that "everything was put on hold ... until he's had time to
review."
Thrit l;ist hit nf infnrm;ition sp,P.ms In hA thA nArllnP.nt nnA Ar:r:or<lino to NPS snnkAsmAn D'1vid Barn;i . l:irvis hris
ltps://rrail.google.com'malVb/152/u/O/?ui=2&1K=f634768664&view =pt&cat,,Jack'e Boathouse&search .. . 1/4
OO'l@F THE INTI:RJOF. !Veil Ro: Any updates on Jack's? ..
. - --- - ....... . ....... _ ,.,. .. ---- .... ............. ,. ............. . . --. -- .. -o!J ....... - .. ,... - ---- -- ...... _..,., ...... , - - - - - -
11
jl1st put a hold on everything until he gets back [from vacation] In a week or so."
Simkin worries that the language of NPS' reversal doesn't guarantee that Jack' s can stick around, but rather just
that a boathouse wi ll continue to operate In that location. "Yes, the boathouse wi ll be there, but that doesn't speak
to me." he says.
Barna confirms that there's no guarantee one way or anothor. The idea is to change the arrangement from a
lease-NPS pick(Jd up Jack's lease when th() Georgetown waterfront property was transferred to NPS In 1984-to
a more conventional concession. It's possible that the concession wi ll be given to Simkin without a bidding
process. says Barna, or that it'll be open to bids from all parties.
"Lease kind of things are rare for us," says Barna. "We tend to operate under these concessions la'NS where
these things go out for a bid for a number of years."
But Simkin worries that a bidding process could simply go to whomever NPS favors, which might not be Jack's. "I
was told by folks that know t11at the Park Serlvce doesn' t follow proposals and bids like other organizations,"
Simkin says, referring to the common practice of giving the concession to the highest bidder. "It's done strictly on
what they believe to bo the right fit." (Barna concedes that's true: "It docs not come down lo highest bidder. lowest
bidder, " he says. "It has a lot of other things in terms of what the concessioner would supply. ")
Simkin says he was Initially brought into NPS headquarters this summer and told that he would have to change to
a concession. First, he says. it was a threeyoar temporary contract ; then it became one year, then two. After
that, Simkin says ha called and wrote to NPS moro than 20 times-"nice letters, not snarky douchebag letters,
pardon the French"-but the only answer he received was "a message back that they're pursuing the matter and
will get back to us shortl y. They never did.
0
Simkin fears that what's really behind these developments is a desire by NPS to push Jack's out in favor of a
Georgetown University boathouse or a boathouse operated by the dominant NPS
contractor that runs most of the nearby boathouses.
"I think we're just in the wrong place al the Vvrong time,'' Simkin says.
National Park Se/V/ce Meeting With Jacks Boal11ot1se 01\.ner In Lease Dispute
Paul Slmkin's Christmas week lease el.iction notice Is on "hold" for now.
By Carol Ross Joynt
Jack's Boathouse. the popular boat rental facili ty in Georgetown. on Monday morning in the snow. It faces an
uncortain future. Photograph by Carol Ross Joynt.
UPDATE: After the Wednesday afternoon meeting with NPS, Simkin described the nearly one hour
discussion as "not productive." He said, "I told them I was trying to find a win-win solution. They said they
were meeting with me only at rny request and they had nothing to add or to say." Simkin said he would be
contacting a lawyer as soon as possible and would proceed based on legal adl.ice. "It wi ll cost the Park
Sel'\lica a lot of money If I pursue legal action,'' he said.
Original post follows break.
The National Park Ser"1ce has scheduled a meeting with Jack's Boathouse owner Paul Simkin for Wednesday
afternoon to try to resol'v-1; what Si mki n calls the ''recent shenanigans" in'.Ulloing his lease at the popular boat
rental facil ity in Georgetown.
Earlier Wednesday, Simkin receiwd an e-mail from Stew Whitesell . the regional director for the NPS, asking
hlM In rY\oot \uitti tuu'\ e 11lu"u
1
1"tln::.toc: In tho a . moil \A/hltocoll c:pi rl h o hnr"lorl tho mnntinn ""'':ii ' ' ~ '
ltps://mall.google,corr{maiVb/152/u/O/?ul,,2&1k=f534768664&vl0w "'Pt&cat.,Jack'e Boathouso&search= ...
elJJ'IEDF THE INTERIOR Mail - Re: Any updates on Jack's? ...
1111 11 lU l l lVV\ ""'"' lYY\J Il l t.llV v 1 1i t.4 11 1 WVllllV.., .... 11 '"'""'\.t llV ''"t"'"'"' UI .... ll l VVUll!J .,, .. . 1-11 uvv
constructi\C," but he said, "I don' t belie\ we wi ll be able to provide a definitive answer to a path forward until
the New Y oar."
Simkin, in a phone interview with Washingtonian, said he would meet at the NPS Hains Point office with Rock
Creek superintendent Tara Morrison and Steve LeBel. who Is one of Whitesell's deputies. The final decision
about the fate of Jack's Boathouse wi ll be made by NPS director Jon Jarvis, who is on vacation until January
7, which may expl ain his pulli ng the whole process on "hold."
Late last week Simkin what he called a form letter from NPS, his landlord, infonning him of the
eviction of the boat rontal operation that opened in 1945 practic;:i lly under Key Bridge. Then on Christmas El.()
ho learned that the NPS was "putting a temporary hold on the eviction" that would have gone into effect at the
end of January.
Simkin, who referred to the NPS actions as their "rocrmt shenanigans," said Jarvis was reacting to "public
response." As of Monday morni ng, Simkin said ho was told NPS had been "flooded" wi th messages, as well
as more than 1,500 signatures on an onllne pelllion protesting the NPS action. Jarvis, In a statement, said he
recsi-.ed "hundreds of emails" from concerned citizens.
Simkin said he's not had a bad relationship with the the Park Servi ce during the sevan years he has owned
Jack's, though lease renewal negotiations stalled during the summer. lhe new lease would been for
three years. "We started meeting In June, and then after a while they just didn't respond. I seem to bepersona
non grat a and I don't know why." He wrote to the Park Ser\/lce again on Christmas night , a message which
prompted lhe meeti ng scheduled for Wednesday afternoon.
There is no official word on what plans the NPS has for the plot of land that holds Jack's funky rental office,
piles of canoes and kayaks and an expansive and colorful dock where boaters like to grill and chi ll during the
warm weather months. Simki n's personal theory is that lhe space could be designated for a "colleagiate rower
boathouse. Georgetown University spent a million dollars lobbying the Park Service." Rachel Pugh, GU's
director of media relations, said "this Is not true."
Simkin says he took over Jack's after being a customer and befri ending and becoming the co-owner with t he
customer base has grown substantially- to 72,000 in 2012. Admitting that the current state or affairs makes
hi m fael in a kind or "limbo," he said his principal concern is for the more than two dozen students and military
who work for him in season. ''I'm suffering for the employees," he said. "I don't know what to tell thorn."
The story of the eviction broke last week in The Georgetowner newspaper and gained a lot of traction over the
weekl'.md.
We asked Simkin whether he planned to take a lawyer with him to tho NPS meeting. "No, but my intention is
not to say or sign anything. I don't want to ruin the possibility to fix something In good faith." Almost
imrnedlately he added. "but hearing myself say that, I'm not sure."
On Thu, Dec 27, 2012 at 10:47 AM, Laura Davis <laura_davis@ios.do1.goV> wrote:
Looping Blake to see If we have any further inquiries today. My sense is
that there is momentarily l0ss interest with Jon's announci ng he Is
reviewing the decision. I imagine we'll get follow ups soon asking for
timing and details of the review.
From: Rachel Jacobson [ mal lto:rachel_jacobson@ios.dol.gov)
Sent : Thursday, December 27, 2012 07:04 AM
To: Jon_Jarvis@nps.gov <Jon_Jar\oi s@nps.goV>: peggy_o'dell@nps.gov
<peggy _o'doll@nps.goV>: MauHion_Foster@nps.gov <Maureen_Foster@nps.goV>;
stevo_wl1itesell@nps.gov <stc-.e_whitesell@nps.gm/>
Cc: Laura_Davis@ios.dol.gov <Laura_Davis@los.doi.gov>;
Kate_Kelly@ios.doi.gov <Kate_Kolly@ios.dol.9011>
Subject: Any updates on Jack's? .. .
I'm here this week if any assistance is needed.
ltps://rroll.google.com'rmlVb/152/u/O/?ul" 2&1k;f5J4768664&vlew " Pl&cat=Jack's Boathouse&search= ... 3/11
BW!@F THE INTERJOF'< Mail Ro: Any upd11tes on Jack's? ..
Blake Androff
Deputy Director of Communlco l l ons
U.S. Department of the Int erior
Off ice: (202) '08-6416 I Cell ; l'O' l 725-71135
ltps ://rmll.google .com'JTaiVb/152/u/O/?ui=2&ik=f 534 768664&view =pl&cal" Jack's Boa thous e&search,,, .. 4/4
(b) (6)
(b) (6)
!lllPNHMENT OF THE INTERIOR Mail Why I signed - I have rentM from
Why I signed -- I have rented from
mai l@change.org>
Dear Steve Whitesell, Regional Director (National Park SeMce),
Tue, Dec 25, 2012 at 9:03 AM
I just signed Jesse B Rauch's petition "National Park SeMce: Save Jack's Boathouse from Closure!
0
on
Change.org.
I have rented from Thompson's, Fletcher's and Jack's, usually when family or friends are visiting from out of
town. There is a place for all three but my fa\Qrite by a mi le (especially since the make o\oer) is Jack's. Keep
Jack's Jack's!!!
- aryland
http://www.change. org/petitions/nat ional-park-seMce-save-jack-s-boathouse-from-closure?response=
29a27107fe70
ltps://mall .google.com/mall/b/ 152/u/O/?ui =2&1k f 534 768664&v iew=pt&cat Jeck's Boalhouse&search= ... 1/1
(b) (6)
(b) (6)
8!JMilNT OF THE INTERIOR Mail - Why I signed J;ick's Boathouse Is an
<mal l@change.org>
To: Stei.,e_Whitesell @nps.gov
Dear Stei.,e Whitesell , Regional Director (National Park Service),
Tue, Dec 25, 2012 at 9:02 AM
Change.org.
Jack's Boathouse is an out-of-the-way jewel for the average water-l over like me to enjoy the splendor of
kayaking on the Potomac. I understand Jackie Kennedy would take a canoe from Jack's Boats t o picnic on
Roosei.,elt Island. Keep this uniquely-located, hi storic small business open for the conti nued pleasure of tens
of thousands of \.isitors annually.
Winchester, Virginia
http://www.change.org/petitions/national-park-service-save-jack-s-boatt1ouse-from-closure?response=
29a27107fe 70
llps ://mall.google.com/malllb/ 152/u/O/?ul=2&ik =f 534 768664&v low pt&cat =Jack's Boatt1ouse&search= ... 1/1
(b) (6)
(b) (6)
Why I signed ... Jack's is a refuge
<mai l@change. org>
Dear Steve Whitesell , Regional Director (National Park Servi ce),
Tue, Dec 25, 2012 at 9:01 AM
I just signed Jesse B Rauch's petition "National Park Service: Sa\/G Jock's Boathouse from Closure!" on
Change.org.
Jack's is a refuge in the city that pro"1des a unique opportunity to connect with the Potomac River and enjoy
the natural ern..ironment.
Sincerely,
http://www.change.org/peti tions/national-park-ser\..ice-sa"ve-jack-s-boathouse-from-closure?responso=
29C'l 27107fe70
(b) (6)
(b) (6)
l'll4lll\W OF THI: INTERIOR Mail - Why I :;lgned -- Kayaking on Iha pol omac
Why I signed Kayaking on the potomac
<mail@change.org>
To: Ste\le_Whitesell@nps.gov
Tue, Dec 25, 2012 at 9:00 AM
Change.erg.
Kayaking on the polomac near GTown and the Lincoln Memorial is a great active way to enj oy the city. Jacks
is conveniently located and their ser.Ace is great.
...
Ashburn, Virginia
http://www.change.org/petit ions/national-park-servico-save-jack-s-boathouse-from-closurc?response=
29a27107fe70
llps ://mail.googlc.comlmail/ b/ 1!i2/u/O/?ul 2&1k"'r 53117!l8!l64&v lcw-pt&cat =Jack'$ Boathouse&search= ... 1/1
(b) (6)
(b) (6)
13411Y'ARTMENT OF THE INTERIOR MDII - Why I signod -- Jack's is part of
Why I signed -- Jack's is part of
<mail@change.org>
Tue, Dec 25, 2012 at 8:25 AM
I just signed Jesse B Rauch's petition "National Park Service: Save Jack's Boathouse from Closure!'' on
Change.erg.
Jack's is part of DC's history ... must we loose everything old to something new ... preserve an important
community gem .. ... dld anyone ask the people what they thought or is this decision just done in a vacuum
..... shame!
.......
Bethesda, Maryland
http://www.change.org/petitions/nalional-park-service-save-jack-s-boathousc-from-closure?response=
29a27107fe 70
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(b) (6)
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/OGlll'IARTMENT OF THE INTERIOR Mall Why I signed .. As 3 kay aker, wo
Why I signed -- As a kayaker, we
<mail@change.org>
Tue, Dec 25, 2012 at 8:24 AM
Change.org.
As a kayaker, we need more access to the River, not more high rise buildings .
.._
Hagerstown, Maryland
29a27107fe70
ltps ://mail.google. com/mail/b/162/u/O/?ui=2&ik"f 534 768664&v loWllpt&cat =Jack's .... . 111
Jt'.l&lllil - Wnshlngton Post- Plan to ev let Jack's Boathouse put .. .
Newsclip: Washington Post- Plan to evict Jack's Boathouse put on hold
David Barna <david_barna@nps.gov> Tue, Dec 25, 2012 at 8:13 AM
To: WASO Communications <Da\1d_Barna@nps.gov>, 11m Cash <Tim_Cash@nps.gov>, Frances Cherry
<Frances_Cherry@nps.gov>, Barbara Baxter <Barbara_J_Baxter@nps.gov>, Kathy Kupper
<Kathy_Kupper@nps.gov>, Kat Kirby <Kathryn_Kirby@nps.gov>, Mike Lltterst <Mike_Lltterst@nps.gov>, Jody Lyle
<Jody_Lyle@nps.gov>, Jennifer Mummart <Jennifer_Mumrnart@nps.gov>, Jeff Olson <Jeffrey_Olson@nps.gov>, Sue
Waldron <Sue_Waldron@nps.gov>, Kathy Gerding <Kathy_Gerding@nps.gov>, Mathew John
<mathewjohn@nps.gov>, Suki Baz <sukl_baz@nps.gov>, "Deputies, Associates" <Alexa_Viets@nps.gov>, Alma
Rlpps <Alma_Ripps@nps.gov>, Bert Frost <Bert_Frost@nps.gov>, Brian Joyner <brianjoyner@nps.gov>, Bruce
Sheaffer <Bruce_Sheaffer@nps.gov>, Celinda Pena <Celinda_Pena@nps.gov>, Don Hellmann
<Don_Hellrnann@nps.gov>, Elaine Hackett <Elaine_Hackett@nps.gov>, Jon Jar\1s <Jon_Jar\1s@nps.gov>, Julia
Washburn <Julia_Washburn@nps.gov>, Maureen Foster <Maureen_Foster@nps.gov>, Mickey Fearn
<Mickey_Fearn@nps.gov>, Peggy O'dell <Peggy_O'Dell@nps.gov>, Stephanie Toothman
<Stephanie_Toothman@nps.gov>, Vic Knox <\Actor_knox@nps.gov>, Melissa Kuckro <Melissa_Kuckro@nps.gov>,
Chris Powell <Chris_Powell@nps.gov>, Denice Swanke <Denice_swanke@nps.gov>, Rich Weideman
<Rich_Weideman@nps.gov>, Chris Lehnertz <Chris_Lehnertz@nps.gov>, Deb Smith <Deb_Smith@nps.gov>, Bill
Halainen <Bill_Halainen@contractor.nps.gov>, Gary Machlls <grnachlis@uldaho.edu>, Jason Waanders
<jason.waanders@sol.doi.gov>, Rob Eaton <robert.eaton@exchange.sol.doi.gov>, Stephan J Nofield
<Stephan_Nofield@ios.doi.gov>, Jeremy Sweat <jeremy _sweat@nps.gov>, Jacque Lavelle
<jacque_lavelle@nps.gov>, Carn Sholly <Cam_Sholly@nps.gov>, Michael May <rnichael_may@nps.gov>, Regional
Directors <Dennis_Reldenbach@nps.gov>, Steve Whitesell <Ste\_Whltesell@nps.gov>, Da\Ad Vela
<Da\Ad_Vela@nps.gov>, Mike Reynolds <Michael_Reynolds@nps.gov>, John Wessels <John_Wessels@nps.gov>,
Sue Masica <Sue_Masica@nps.gov>, Lisa Mendelson-ielminl <Lisa_Mendelson-lelrnini@nps.gov>, Regional
Communications <carol_bjohnson@nps.gov>, Bill Reynolds <William_F _Reynolds@nps.gov>, Patty Rooney
<Patty_Rooney@nps.gov>. Rick Frost <Rick_Frost@nps.gov>, Patrick O'Driscoll <Patrick_O'Driscoll@nps.gov>,
James Doyle <James_Doyle@nps.gov>, Stephanie Burkhart <Stephanie_Burkhart@nps.gov>, John Quinley
<John_Quinley@nps.gov>, Rick Kendall <rick_kendall@nps.gov>, "Jane E. Ahern" <Jane_Ahern@nps.gov>, Craig
Dalby <Craig_Dalby@nps.gov>, DOI Communications <Kate_Kelly@ios.doi.gov>, Joan F Moody
<Joan_Moody@ios.doi.gov>, Frank J Quimby <Frank_Quimby@ios.doi.gov>, Hugh B Vickery
<Hugh_Vickery@ios.doi.gov>, Brian Tsai <brian_tsai@ios.dol.gov>, Blake J Androff <Blake_Androff@ios.doi.gov>,
Queen Muse <Queen_Muse@ios.doi. gov>, National Park Foundation <dpuskar@nationalparks.org>, Angela Hearn
<ahearn@nationalparks.org>, David French <Dfrench@nationalparks.org>, Susan Newton
<snewton@nationalparks.org>, Marjorie Taft Hall <mhall@nationalparks.org>
Washington Post
Plan to evict Jack's Boathouse put on hold
By Martin Weil and Allison Klein
Dec 25
Plans to e\Act Jack's Boathouse, the popular canoe and kayak rental operation on the Potomac River in
Georgetown, been put on hold after the National Park Service recei\d a flood of messages \.Qicing concern.
"In the last 24 hours, I have hundreds of emails from citizens concerned with the future of Jack's
Boathouse," National Park Service Director Jon Jarvis said In a statement Monday.
ttps: //mail.google.com/mall/b/152/u/ O/?ul 2&1k=f 53d 768664&v lew;ipt&cat=Jack' s Boathouse&seatoh"'
1/ 2
3 1 ~ i l - Newscllp. Washington Post- Plan to ovict Jiick'a Boathouse put ...
The boathouse, on Park Service land in the shadow of Key Bridge and the Whitehurst Freeway, is part of local
tradition.
In a Dec. 18 letter, the Park Service told owner Paul Simkin that his lease would be ended. But Monday night,
Jarvis said he had "directed the staff at the park and the Regional Office to withhold further action on the lease
termination until I ha\ conducted a thorough review and determined the best course of action."
Simkin called that "an unbelievable gift." He said he had just finished a night and day of trying to find jobs for his
staff, many of whom ha1..e depended on the operation for college expenses or their li1..elihood.
Supporters had started a Facebook page aimed at saving Jack's and begun a petition.
On Sunday, the Park Service acknowledged the value of the boathouse's services and said it would offer those
services under a concession. It said Simkin was free to offer a proposal and that it expected no interruption in
services.
On Monday, the Park Service again said "the boathouse operation will continue" but did not specify who would
run It .
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St!AtlTMENT OF THE INTERIOR Mail - Why I signed - Prov ides jObGI And
Why I signed -- Provides jobs! And
-
To: Sleve_Whitesell@nps.gov
Dear Steve Whitesell, Regional Director (National Park Service).
Tue, Dec 25, 2012 al 7:04 AM
Change.erg.
Pro\oides jobs! And recreational acti\oities lo the locals & tourist.
Sincerely,
-
Woodbridge, Virginia
http://www.change.org/petitions/national-pc:irk-service-save-jack-s-boathouse-from-closure?response=
29a27107fe 70
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/(!111'111-lE INTERIOR Mail - 100 new elgners: Todd Snyder. rebecca Kloln ...
, New York
hington, Distri ct Of Columbia
soula, Montana
ge, Louisiana
m. Pennsylvania
, California
ood, Maryland
ernon, Washington
arlboro, Maryland
cisco, California
gton, District Of Columbia
, California
on, District Of Columbia
ancisco, Californi a
hesda, Maryland
rg, Virginia
gton, District Of Columbi a
dria, Virginia
Broadway, Virginia
gton, District Of Columbia
int. North Carolina
on, Virginia
ltps :/lm1;1il.googlo.com/mall/b/ 152/u/O/?ul=2&ik =f 534168664&v iew=p\&0:1t Jack's Boa\house&$earch= .. .
3/3
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mm!IW OF THE INTERI OR Mail - Wt1y I signed -- LooKlng forward to taKl11g
Why I signed -- Looking forward to taking
_-<mail@change.org>

Tue, Dec 25, 2012 at 6: 10 AM
Change.org.
Looking forward to taking my kids to Jack's this summer if the NPS doesn't rob them of the opportunity.
Please don't take this from my two youngest kids who weren't old enough to go last year.
Sincerely,
...
http://www.change.org/petit ions/national-park-servi ce-sa\<ejack-s-boathouse-from-closure?response=
29a27107fe 70
ttps ://mail.googlo.com/ mail/b/ 152/u/O/?ui=2&ik=f 534 7686G4&v iew=pl &cat =J ack's Boathouse&search., . 1/1
(b) (6)
(b) (6)
f\RTMENT OF THE INTERIOR Maii Why I signed The Boathouso I$ one
Why I signed -- The Boathouse is one
- <mail @change.org>
~ s g o v
Dear Steve Whitesell , Regional Direct or (National Park Service),
Tue, Dec 25, 2012 at 5:54 AM
I just signed Jesse B Rauch's petition "National Park Ser\1ce: Save Jack's Boathouse from Closure!" on
Change.erg.
The Boathouse Is one of our city's treasures. I'm third generation Washingtonian and the sight of this site has
warmed my heart every Sunday morning as my family trawils to church. It would be a terrible loss if it weren't
preserved .
.._
Broadway, Virginia
http://www.change. org/petitions/national-park-service-savc-jack-s-boathouse-from-closure?msponse=
29a27107fe70
ltps ://mall. google. com/ m alllb/ 152/u/O/?ul=2&1k llf 53<1768664&v lew=pi&cat =Jack's Boat ho us c&s esrch= .. . 1/ 1
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(b) (6)
fOOll!tARTMENT OF THE INTERIOR Mail - Why I signed - This Is !ii beautiful
Why I signed -- This is a beautiful
........ <mail@change.org>

Dear Ste1,e Whitesell , Reglonal Director (National Park Service),
Tue, Dec 25, 2012 at 5:02 AM
I just signed Jesse B Rauch's petition "National Park Service: Jack's Boattiouse from Closure!" on
Change.org.
This is a beautiful landmark of Washington DC (one of the most photographed too). The owners ha-ve just
made It better and betterl I use Thompson's more often Oust because It's easier for me to lea1,e from) and it is
cheaper BUT Jack's kayaks are "superior" in quality plus the added bonus that one can ha-ve a picnic too
there (no liquor allowed) and they are no threat to Thompsons; in fact, the staff at Thompsons ALWAYS send
people to Jacks when all of their rentals are being used. During the high season, both are usually used to the
MAX (all day). Jack's was actually the first place that I rented from when I first came to this country In 1969.
PLEASE DO NOT TAKE IT AWAY--1 speak to so many people while on the River and it is MUCH LOVED! It's
exactly what DC needs and shouldn't lose. It's unique and so different from all the "commercialised looking"
businesses that it may become!!
Sincerely,
Bethesda, Maryland
http://www.change.org/petitlons/national-park-servico-sa1,e-jack-s-boathouse-from-closure?response=
29a271O?fe70
lips :l/mail.google. com/mall/ b/ 162/u/O/?ui =2&1k=f 534766664&v !3oathousa&se(lrch ... 1/1
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IBCJlG\lNT OF THE INTERIOR Mall Why I signed - My nophow rows there.
Why I signed -- My nephew rows there.
: '' ...
< mail@change.org>
sell @nps.gov
Dear Steve Whitesell. Regional Director (National Park Servi ce);
Tue, Dec 25, 2012 at 4: 14 AM
Change.org.
My nephew rows there.

29a27107fe70
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(b) (6)
13IDIEf'ARTMENT OF THE INTERIOR Mail Why I signed As a former DC
Why I signed -- As a former DC
mail@change.org>
Tue, Dec 25, 2012 at 3:12 AM
Change.org.
As a former DC area resident, I enjoyed Jack's Boathouse so many summers! Allow this historical gem and
\liable business to continue to thrive and serve so many appreciati\.e customers!
....
San Jose, California
http://www.change.org/peti tions/national-park-serllice-save-jack-s-boathouse-from-closure?response=
29a27107fc 70
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/3Cl!J'WARTMENT OF THE INTERIOR Mall - Why I signed -- I grew up going
Why I signed -- I grew up going
<mail@change.org>
Dear Steve Whitesell , Regional Director (National Park Sennce),
Tue, Dec 25, 2012 at 1:50 AM
I just signed Jesse B Rauch's petition "National Park Sel"\.ice: Save Jack's Boathouse from Closure!" on
Change.org.
I grew up going to Jack's boathouse. There are so many wonderful memories for me as I think about Jack's. It
is wrong for the federal government to treat any small businesses In this fashion. Jack's has been a part of
Washington DC for nearly 70 years. Jack's is not failing but the federal government is failing. Do not put
Jack's out of business.
==-...

http://www. change.org/petitions/national-park-service-save-jack-s-boathouse-from-closure?response=
29a27107fe 70
tips ://mall.google. com/mflll/b/152/u/Ol?ul,.2&1k=f 534 768664&v lew=pt&cal =Jack's Boathouso&search= ... 1/ 1
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1MA1MENT OF THE INTERIOR Mail - Why I signed -- Because wo used to
Why I signed -- Because we used to
<mail@change.org>
Tue, Dec 25, 2012 at 1: 22 AM
Change.org.
Because we used to visit .... the man made an investment .... you should get a new lease!!! Especially if you are
paying the bills and creating jobs
....
Bethlehem, Pennsylvania

29a27107fe70
216 West 104th Street I Suite #1 30 I New York, NY 110025
com/mail/b/152/u/O/?ui=2&ik I 534 768661\&v iaw=pt&cat =Jack's Boathouse&search= .. . 1/1
(b) (6)
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DEPARTME; NT OF THE INTERIOR Mail Wily I - tho best thing that
Why I signed best thing that
mail@change.org>
Tue, Dec 25, 2012 at 1:19 AM
Change.org.
the best thing that Roosevelt did ... lets honor that and keep it for our legacy ... the chil dren!
....
ri\r ridge, Louisiana
http://www.change.org/petitlons/national-park-service-save-jack-s-boathouse-from-closure?response=
29a27107fe70
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(b) (6)
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Why I signed ~ A s a Georgetown student
< rnail@change.org>
Tue. Dec 25, 2012 at 12:54 AM
Change.org.
As a Georgetown student I make frequent use out of Jack's boathouse. I also know that it is a great asset to
the surrounding community and employees nearly 30 people. Don't let the Park Service take away this 70+
year family business!
....
Fairport, New York
http://www.change.org/petitions/national-park-sorvice-save-jack-s-boathouso-from-closuro?response=
29a27107fe 70
(b) (6)
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130.6MRiMENT OF Tl-lE INTERI OR Mall - Why I signed - To keep tho city ,
Why I signed -- To keep the city,
mail@change.org>
Dear Ste\ Whitesell, Regional Director (National Park Service),
Tue. Dec 25, 2012 at 12:18 AM
Change.erg.
To keep the city. and the Potomac. "green" and accessible!!!
Sincerely,
Minneapolis, Minnesota
http://www.change.org/petltlons/national-park-service-save-jack-s-boathouse-from-closure?response=
29a27107fe 70
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OF THE INTERIOR Mall Why I signed This la v ery important
Why I signed -- This is very important
<mail@change.org>
Dear Whitesell . Regional Director (National Park Service),
Tue, Dec 25, 2012 at 12: 17 AM
I just signed Jesse B Rauch's petition "National Park Sel'\.ice: Save Jack's Boathouse from Closure!" on
Change.org.
This is very important because Jack's is the only place on that part of the Potomac where one can rent a boat
to paddle.
http://www.change.org/petitions/nati onal-park-service-save-jack-s-boathouse-from-closure?response:::
29a27107fe 70
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R!JMl!INT OF THE INTERIOR Mail Why I signed - This place 15 practically
Why I signed This place is practically

Tue, Dec 25, 2012 at 12:04 AM
I just signed Jesse B Rauch's petition "National Park serv;ce: Save Jack's Boathouse from Closure!" on
Change.org.
This place is practically a DC Institution! To be summarily booted out with no reason?I
--
Arlington, Virginia
http://www.change.org/petltions/national-park-sorvice-save-jack-s-boathouse-from-closure?response=
29a27107fe 70
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a>MiNT OF THE INTERIOR Mail Why I signed - I usod Jacks Boalhouso
Why I signed -- I used Jacks Boathouse
mail@change.org>
Dear Ste\/G Whitesell, Regional Director (National Park Service),
Mon, Dec 24, 2012 at 11 :54 PM
Change.org.
I used Jacks Boathouse for 15 years when I li.ed in DC. It is part of the local fabric and should be sustained
as is .
..._
Makawao, Hawaii
http://www.change.org/peti tions/national-park-ser\iice-sa.e-jack-s-boathouse
4
from-closure?response=
29a27107fe70
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130/IJ)EPARTMENT OF THE INTERIOR Mall - Why I signed -- Not only is the
Why I signed -- Not only is the
<mai l@change.org>
Dear Steve Whitesell , Regional Director (National Park SeMce),
Mon, Dec 24, 2012 at 11 :50 PM
Change.erg.
Not only Is the place a tradition for many (dare I say. a national treasure?), but "Jack's Boat House"
represents reasonable access to "The People's Ri1A3r'' for EVERYONE. It would be a shame to ha\A3 a
"People's River" with inadequate access.
I :.
Cumberland, Maryland
hll p ://www. change. org/petitions/national-park-service-s alA3-j ack-s-boc:ithouse-from-closure?res pons e=
29a27107fe 70
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Why I signed -- Was an excellent resource
mail@change.org>
Dear Ste\19 Whitesell, Regional Director (National Park serv;ce),
Mon, Dec 24, 2012 at 11 :49 PM
Change.erg.
Was an excellent resource for fi lming
.._
Baltimore, Maryland
http://www.changc.org/petitions/national-park-service-save-jack-s-boathouse-from-closure?response=
29a27107fe 70
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!00.IHMENT OF THE INTERIOR Mall Why I signed - I paddle boiirded on
Why I signed -- I paddle boarded on
- mall@change.org>
Mon, Dec 24, 2012 at 11 :47 PM
Change.org.
I paddle boarded on the Potomac during my second week of school and it would be a shame to see the
opportunity to do it with future friends lost if Jack's boathouse had to close. Whenever I drive by the Potomac I
always look for people kayaking or paddleboarding and remember that day,
....
Woburn, Massachusetts
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~ N T OF 1HE INTl!RIOR Mall - Why I signod I love renting kayak's
Why I signed - I love renting kayak's
<mall @change.org>
Dear t e v e Whitesell , Regional Director (National Park Service},
Mon, Dec 24, 2012 at 11 :42 PM
Change.org.
I lo\e renting kayak's from Jack's boathouse in the summer.
ALEXANDRIA, Virginia
http://www.change.org/petitions/national-park-servi ce-save-jack-s-boathouse-from-closure?response=
29a27107fe 70
ttps:llrnall .google. com/maill bl1521u/Ol ?ui=2&ik =f 534 766664&v lew=pt&cat =Jack's Boathousll&soarch= ... 1/1
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IBEIPIHMENT OF THE INTERIOR M11ll - Why I signed This Is Important to
Why I signed -- This is important to
<mail@change.org>
To: Steve_ Whitesell @nps.gov
Dear Steve Whitesell, Regional Director (National Park Servi ce),
Mon, Dec 24, 2012 at 11 :41 PM
I just signed Jesse B Rauch's petition ''f\Jatjonal Park Service: Save Jack's Boathouse from Closure!" on
Change.org.
This is important to me because I frequently visit a friend in DC and we kayack from Jack's boathouse.
Convenient, well run, reliabl e and safe. What nonsense is thi s to take this wonderful service away.
Sincerel y,
Bellaire, Texas
hllp://www.change.org/petitions/national-park-service-save-jack-s-boathouse-from-closure?response=
29a27107fe 70
ttps ;//mail.googlCJ. com/malllbl152/u/O/?ul 2&1k =t 5311768664&v leW"pt&cat =Jack'$ Boathouse&sCJilrCh" ...
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Wllf<NT OF THE INTERIOR Mall Why I signed - I've boon rent ing kayaks
Why I signed -- I've been renting kayaks
mail@change.org>
Mon, Dec 24, 2012 at 11 :26 PM
I just signed Jesse B Rauch's petition "National Park Ser\1ce: Save Jack's Boathouse from Closure!" on
Change.org.
I've been renting kayaks from Jack's boathouse for the past 10 years and there isn't anywhere else in the area
that rents the same quality boats.
Sincerely,
~ l n d
29a27107fe70
ll ps ://mall . google. com/ m ail/b/ 152/u/O/?ul 2&1k =f 534 768664&v leW"pt&cat =Jack's Boathouse&search= ... 1/1
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13Gl7Y'ARTMENT OF THE INTERIOR Mail Why I signed As a resldonl of
Why I signed ... As a resident of
<mail@change.org>
Dear Steve Whitesell, Regional Director (National Park Service),.
Mon, Dec 24, 2012 at 11 :19 PM
I just signed Jesse B Rauch's petition "National Park Service: Save Jack's Boathouse from Closure!
0
on
Change.org.
As a resident of DC for five years, Jack's boathouse is a landmark and treasure in the city. If the National
Park Service is really there to represent nature and promote the outdoors, then it will do the right thing and
renew the lease for Jack's Boathouse.
Austin, Texas

29a27107fe 70
216 West 104th Street I Suite #130 I New York, NV I 10025
llps :I / mall. google. con'I/ mall/bl 1 S2/u/O/?ui=2&ik =f 634 768664& v iew=pt&cat "J 3ck' s Boat houso&s e::irch" ... 111
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Why I signed -- This is an established
mai l@change.org>
1tesell @nps.gov
Mon, Dec 24, 2012 at 11:08 PM
I just signed Jesse B Rauch's petition "National Park serv;ce: Save Jack's Boathouse from Closure!" on
Change.erg.
Thi s is an established and successful business that, under its current owner, has expanded operations and
local employment in the face of a severe economic downturn. And beyond the immediate employees of the
business, the investment in equipment has undoubtedly helped its vendors. And lastly, drawing its large
summertime crowd has to be beneficial for neighboring businesses. I'm not given to conspiracy theories, but
the abruptness of the park's decision, as well as the timing, seems suspect. Forcing the owner to sell his
inventory of boats in midwinter, when their immediate cash value is lowest, would seem to a huge
opportunity for some other or business with financial backing to buy the entire inventory of Jack's
boathouse at a huge discount and basically step in as the only bidder for the concession that the Park
Service says It plans to award. I've heard enough over time of the Park Service's arrangements with its fa\.()red
concessionaires to think that it's entirely poss Ible that somebody has cooked up this crisis out of thin air in
order to horn in on a unique and successful business .
.....
Arlington, Virginia
h1l p://www.change.org/petitions/natlonal-park-sece-save-jack-s-boat house-rrom-closure?response=
29a27107fe70
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l9!J/IDF THE INTERIOR Mall - Why I signed Jack's Boathouse rrtakos tho
Why I signed -- Jack's Boathouse makes the
<mail@change.org>
Mon, Dec 24, 2012 at 10:31 PM
Change.org.
Jack's Boathouse makes the Nation's Capital accessible by boat, providing a unique and beautiful perspecti\A'il
from the People's Ri\A'ilr on the People's Capital ..
....
http://www.change.org/petitions/nalional-park-service-save-jack-s-boathouse-from-closure?rcsponse=
29a27107fe70
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130/14 DEPARTMENT OF THE Mall - Why I signed -- I row out of
Why I signed -- I row out of
--

Dear Steve Whitesell. Regional Director (National Park Service).
Mon, Dec 24. 2012 at 10:21 PM
Change.erg.
I row out of PBC which is right next to Jack's Boathouse, and I enjoy having Jack's Boathouse nearby.
-
-
11ttp://www.change.org/potitionslnational-park-service-sa\-jack-s-boathouse-from-closure?response=
29a27107fe 70
tips ://mail.googlo.corn/mail/b/ 152/u/O/?ul 2&1k;;f 534 768664&v IOW"'pl&cat.,Jack's Boathouse&search= ... 1/1
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EJ\JIR'l"MENi OF THE INTERIOR Mail - Why I signed- I like small business
Why I signed -- I like small business
mai l@change.org>
Mon, Dec 24. 2012 at 10:21 PM
Change.org.
I like small business and not big government!
...._
Cheshire, Massachusetts
http://www.change.org/potitions/national-park-scrvice-save-j ack-sboathouse-from-closuro?response=
29a27107fe70
ttps ://mail.googlo. 534 768664&v lew=pt&oat Jack's Boathouse&search, 1/1
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130/'IJEPARTMENT OF THE I NTERIOR Mail - Why I signod It's lnstltutlonl
Why I signed -- It's institution!
mail@change. org>
To: Steve_Whitesell @nps. gov
Dear St eve Whitesell , Regional Director (National Park Servi ce),
Mon, Dec 24, 201 2 at 9:53 PM
Change.erg.
It's institut ion!
..._
Falls Church, Virgi nia
There are now 11 22 signatures on this petition. Read reasons why people are signing, and respond to Jesse B

29a27107fe70
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/30A!ll'IARTMENT OF THE INTERIOR Mail. Why ! signed - I have livod hore
Why I signed -- I have lived here
- mail@change.org>

Mon, Dec 24, 201 2 at 9:46 PM
Change.org.
I have lived here for years and supported ri ver crews for years ... thi s is a community treasure .. KEEP IT.

29a27107fe70
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1BORlMENT OF THE INTERIOR Mall Why I signed - small business Jobs
Why I signed ... small business Jobs
mail @change.org>
Mon, Dec 24, 2012 at 9:46 PM
Change.org.
small business Jobs Access to water Government botch job
ia
http://www.change.org/petitlons/national-park-service-sa-..e-jack-s-boathouse-from-closure?response=
29a27107fe70
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130/14 DEPARTMENT OF THE INTERIOR Mall Why I signed - FUN
Why I signed -- FUN
mail@change.org>
To: Ste'._Whltesell@nps.gov
Mon, Dec 24, 2012 at 9:19 PM
Change.org.
FUN
Sincerely,
bethesda, Maryland
There are now 1107 signatures on t his petition. Read reasons why people are signing, and respond to Jesse B
http://www.cl1ange.org/ petltlons/national-park-servlce-savo-jack-s-boathouse-from-closure?response=
29a27107fe 70
ttps 534 766664&v iew=pt&cat=Jack's ... 1/1
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OF THE INTERIOR Mail - Why I signed - Jusi awful to do
Why I signed -- Just awful to do
mail @change.org>
Mon, Dec 24, 2012 at 9:17 PM
Change.org.
Just awful to do this to someone that has put his heart, soul, and money into something that he truly believes
in. It has been there for years and has made so many people happy. Why? What's the real reason? Not a
good enough explanation by the Park Service to me.
-- ryland
Mp://www.chango.org/petitions/national-park-service-sa'l.()-jack-s-boathouso-from-closure?response=
29a27107fe70
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R.:IMENT OF THE INTERIOR Mall - Why I slgnod - Arbltr3ry rulings like this

!I'll
Why I signed -- Arbitrary rulings like this
I f:. TT :
<mail@change.org>
sell @nps.gov
Dear Steve Whitesell, Regional Director (National Park Ser\1ce),
Mon, Dec 24, 2012 at 9:06 PM
I just signed Jesse B Rauch's petition "National Park Service: Sa-...e Jack's Boathouse from Closure!" on
Change.org.
Arbitrary rulings like this one are not right.
.......
piqua, Ohio
http://www.change.org/peti tions/natlonal-park-service-sal.{)-jack-s-boathouse-from-closure?response=
29a27107fe70
llps://mail.google.comlmalllbl 152/u/O/?ui=2&1k=l 534768664&v lew=pt&cat =Jack' s Boathouse&searoh= .. 1/1
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i30/14 DEPAR1MENT OF THE INTERIOR Mail Why I signed - This
Why I signed -- This

Dear Ste-.,,.e Whitesell , Regional Director (National Park Service),
Mon, Dec 24. 2012 at 8:54 PM
I just signed Jesse B Rauch's petition "National Park Service: Sa\ Jack's Boathouse from Closure!" on
Change.org.
This is nuts. What's broken here that needs fixing. l'\oe rented canoes from Jack's and its a great venue. We
need it to stay where it is. Unless the NPS has some substanti ve issues, they need to back off. As
background, I'm a \Olunteer in national parks and a huge supporter of both national and state parks. Jack's
needs to stay where it isl
... rglnla
http://www.change.org/petit ions/national-park-service-save-jack-s-boathouse-from-closure?response=
29a27107fe70
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.PARTMENT OF THE INTERIOR Mall - Why I signed - Ploase save Jack's, I
Why I signed -- Please save jack's, I

Mon, Dec 24, 2012 at 8:44 PM
Change.org.
Please save jack's, I paddle there!
http://www. change. org/ petitions/ nat Iona I-park -servi ce-s ave-jack e-from-c los ure? response=
29a27107fe70
ttps ://mail.googlil.com/mall/b/152/u/O/?ul"'2&ik =f 53d 768664&v low:pt&cataJack'e Boathousa&search= ..
ERIOR Mall Ro: I spoke with the reporter WashPost story , deadline today
Peter May <peter_may@nps.goV> Mon, Dec 24, 2012 at 8:43 PM
To: Maureen Foster <maureen_foster@nps.goV>
Cc: Katherine Kell y <kate_kelly@ios.doi.goV>, "Jon_Jar\ois@nps.gov" <Jon_Jar\ois@nps.goV>,
"david_barna@nps.goV' <david_barna@nps.goV>. "peggy _o'dell @nps .goV' <peggy _o'dell@nps.goV>,
"steve_whitesell@nps.goV' <steve_whitesell@nps.goV>, ''lisa_mendelson-ielmini @nps.goV' <lisa_mendelson-
ielmini@nps.goV>, "Sue_Waldron@nps.goV' <Sue_Waldron@nps.goV>, "blake_androff@los.doi.goV'
<blake_androff@ios.doi.goV>, "laura_davis@ios.doi.goV' <laura_davis@ios.doi.goV>
Someone may have already pointed this out but Jack's is in Rock Creek Park, not C&O.
Peter
Peter May
1100 Ohio Drive SW
(202) 619 7025
pmay@nps.gov
On Dec 24. 2012, at 5:56 PM, Maureen Foster <maureen_foster@nps.goV> wrote:
Looping in Peter who has been in\tOll.A':ld.
Maureen D. Foster
202.208.5970
On Dec 24, 2012, at 5:33 PM, Katherine Kelly <kate_kelly@ios.doi.goV> wrote:
Thanks, Jon. Two edits: added an
11
s
11
to Jack's and ''on the l ease termination''
when talking about further acti on to make that section cl earer.
Also, who woul d be the appropriate person to reach out to the owner toni ght
from NPS to give him Jarvis's stmt?
"In the last 24 hours, I have received hundreds of emai ls from citizens
concerned wi t h the future of Jack' s Boathouse, a boat rental operation on the
C&O Canal Nati onal Hi storical Park. I can assure all those co nee rned that t he
boat house operation will continue into the future as it i s an important public
lips ://mail.google. com/mall/b/ 152/u/O/?ul"2&ik =f 534 768664&v lowwpt&cet=Jsck's Boathouse&search= .. . 1/5
SlllllJ)R Mail - Ro: I spoke with the reporter WashPosl story , deadline todiiy
service. I have directed the staff at the park and the Regional Office to withhold
further acti on on the lease termination unt il I have conducted a thorough
revi ew and determined the best course of acti on."
f'tom: Jarvis, Jonathan [mai lto:j onjarvis@nps.gov]
Cc: kate_kelly@ios.doi.gov <kate_kelly@ios.doi.gov>; peggy_o'dell @nps.gov
<peggy_o'dell@nps.gov>; steve_whitesell @nps.gov <steve_whitesell @nps.gov>; Lisa
Mendelson <lisa_mendelson-ielmini@nps.gov>; sue_waldron@nps.gov
<sue_waldron@nps.gov>; blake_androff@ios.doi.gov <blake_androff@ios.doi.gov>
Per my discussion with Laura, we need to get out a statement now which I have
drafted below .. I had to put a fi lter on my email, as I have almost a 1000 now.
"In the last 24 hours, I have received hundreds of emails from citizens concerned with
the future of Jack' Boathouse, a boat rental operation on the C&O Canal National
Historical Park. I can assure all those concerned that the boat house operation wi ll
continue Into the future as it is an important public service. I have directed the staff at
the park and the Regional Office to withhold further action until I have conducted a
thorough review and determined the best course of action."
On Mon, Dec 24, 2012 at 12:39 PM, David Barna <david_barna@nps.gov.> wrote:
She wi ll hold off ti ll t hrusday if possible but wants to know what i s goi ng on
wit h thi s lease
If she is pushed to run a story soon she will cal l me
David
from: Katherine Kelly [mailto:kate_kelly@ios.dol.gov)
Barna - can you call the reporter and ask for her to hol d off unti l thurs or so on
a followup? She shd appreciate that the federal gov't i s closed for t he next
two days and that you need certai n people onl ine to help tel l an accurate
story. I think you can tell herthat she's onl y heari ng one side .. . But you need
more t ime to track down NPS's si de to get it right.
lips: II mall. google. com/mall/ b/ 152/u/O/?ul,,2&1k f 534 768664& v lew=pt&cat =J ao k's Boiit house&s earc h= ... 2/5
130114
To: Katherine Kelly <kate_kelly@ios.doi.gov>; Steve Whitesell
<Steve_ Whitesell @nps.gov>; Carol Johnson <carol_bjohnson@nps.gov>; Li sa
Mendelson-ielmini <Lisa_MendelsonIelminl@nps.gov>; David Barna
Cc: bla ke_a ndroff@ios. doi. gov <blake_a ndroff@ios.do I .gov>;
peggy_o'dell@nps.gov <peggy_o'dell @nps.gov>; Sue_Waldron@nps.gov
<Sue_Waldron@nps.gov>
accusations.
David
On Dec 24, 2012, at 11 :05 AM, Katherine Kelly <kate_kelly@ios.doi.goV> wrote:
Today's st ory was pretty awful for the Park. NPS comes across as
job-kil lers that don't have a very cl ear reason for rescinding the
lease. Sounds li ke the letter came without warning and right
before Xmas.
Wi t hout knowing any detai ls about the how and why here, I'd
suggest t hat NPS try and do some cl eanup with t hi s second
story ... Or ri sk seeing a negative WaPo editori al and many
follow-ups.
Do you all have a pl an of action, or more relevant detai ls?
l
1
m happy to hop on the phone with you all. Let me know.
From: Allison Klein [mailto:kleinallison@washpost.com]
Cc: blake_androff@ios.doi.gov <blake_androff@ios.doi.gov>;
kate_kelly@ios.doi.gov <kate_kelly@ios.doi.gov>;
peggy_o'dell @nps.gov <peggy_o'dell@nps.gov>;
David and Lisa,
Thank you for your statement last night. Are you available for a few
ttps ://mall.google.comlmail/b/152/u/O/?ul 2&1k=f 534 768664&v lew-pt&cet=Jack's Boathouse&search= ... 3/5
F.mlll>R Mail - Ro: I spoko with the reporter WashPost story , deadline today
Thank you.
Allison
Allison Klein
Reporter
The Washington Post
703-518-3019
F1om: Davi d Barna <david tiama@nps.gov>
To: <kleinnll ioon@washpost.com>, <di:ivid barna@nps.gov>,
<kal e kelly@ios.ctol.gov:>, <suo_waldron@nps.gov:>, <poggy_o'dell @nps.nov:>,
Dato. 12/23/2012 07:1 6 PM
Sl1bj ect: Fw: Wash Post story, deadline today
From: Lisa Mendelson-Ielmlnl [mailto:lisa m n l ~ o n
lelmini@nos.gov]
To: David Barna <dayjd barna@nps.gov>
Cc: Steve Whitesell <steve whitesell@nps,gov>
and public access to the Potomac River are important to
the NPS and thus will be offered as a concession
contract. This concession will be announced within a few
days through a fair and open process. Mr. Simkin is free
to submit a proposal for the opportunity to operate the
concession. A Request for Qualifications will be
announced within a few days. The conversion to a
concession will be complete by February 1. 2013, and we
202-297-1338 cell
202-619-7023 office
tips ://mall.9oogle.com/mail/b/ 152/u/O/?ul2&1k=f 534 768664&v lcW"pt&cat =Jack's Boathouse&search= ... 4/5
89/">R Mall Re: I spoke with the reportor WashPost story, deadline today
<davidwbarna@nps..._gQY> wrote:
David
David Barna
Chi ef Spokesman
Washington DC
<kleinaJli son@washpost.com> wrote:
Hi Kathy and David,
I am writing a story that will be in the paper tomorrow
about NPS's termination of contract for Jack's Boat
House in Georgetown. I would like to include In my story
why the contract is being as the letter NPS
sent to the owner did not explain why. I am sorry for the
Please email me or call me on my cell phone at your
earliest convenience, 202-222-5815.
Thank you.
Allison Klein
Reporter
The Washington Post
Jonathan B. JaNis
Director, NPS
llps://mall.google.com/mail/b/ 152/u/O/?ul 2&1k ;;f 5311768664&v low=pt&cat11Jack's Boathouso&semch= .. .
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IOOl'IMENT OF THE INTERIOR Mall -Why I signed Love kayaking on the
Why I signed -- Love kayaking on the
mail@change.org>
Dear Steve Whitesell ; Regional Director (National Park Service).
Mon, Dec 24, 2012 at 8:36 PM
Change.org.
Lo\e kayaking on the ri ver downtown


29a27107fe70
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B!JMllNT OF THE INTERIOR Mail - Why I slgnod When Jack opened tho
Why I signed -- When Jack opened the
<mai l@change.org>
Mon, Dec 24, 2012 at 7:50 PM
Change.org.
When Jack opened the boathouse the government promised it could stay as long as it was a boathouse. Jack
and all of us paddlers have kept that promise - how dare t hey now try to hand it over to developers and take
the People's River away from the people!
~
~ r y l n d
http://www.changc.org/petitions/nalional-park-service-save-jack-s-boathouse-from-closure?rosponse=
29a27107fe70
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Why I signed -- I lived and Kayaked
<rnail@change.org>
To: Sleve_Whitesell@nps.gov
Mon, Dec 24, 2012 at 7: 34 PM
I just signed Jesse B Rauch's petition "National Park ser.;ce: Save Jack's Boathouse from Closure!" on
Change.org.
I lived and Kayaked in D.C. for 10 years. How many great cities can boast of such a treat in there cities.
Whats next, getting rid of all the parks ...
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Why I signed -I am a boater
mail@change.org>
Dear Steve Whitesell , Regional Director (National Park Serv1ce),
Mon, Dec 24, 2012 at 7: 33 PM
Change.org.
I am a boater and enjoy using the river, keep it free for all of us to continue to use!

-irglnia
http://www.change.org/petltions/national-park-service-save-jack-s-boathouse-from-closure?response=
29a27107fe 70
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"11IJ1111l10F THE INTERIOR Mail - Why I signod Jacls Boathouse has been
Why I signed -- Jacls Boathouse has been
<mail@change.org>
Dear Steve Whitesell , Regional Director (National Park Service).
Mon, Dec 24, 2012 at 7:27 PM
I just signed Jesse B Rauch's petition "National Park Service: S_ave Jack's Boathouse from Closure!" on
Change.erg.
Jacls Boathouse has been there for along time gi-.1ng access to the river for recreation. It makes the river
available to the general public. Over 70,00 people used Jack's boathouse last year. It has been well run by the
current operator.
http://www.change.org/petitions/national-park-servi ce-save-jack-s-boathouse-from-closure?responsc=
29a27107fe70
216 West 104th Street I Suite #130 I New York. NY I 10025
ltps ://mall.google.com/moll/b/ 152/u/O/?ul=2&1k=f 534 768664&v low=pt&cat Jack's Boathouse&search= . , 111
l l l m ~ D l l Message from Jonathan Jarv is, Director, National Park Serv lco
Message from Jonathan Jarvis, Director, National Park Service
Steve LeBel <st e-..e_lebel@nps.gov>
Bee: Ste1..e_Whitesell@nps.gov
Mr. Simkin:
I ha\ been asked to con1..ey the following message from the Director,
National Park Service:
"In the last 24 hours, I ha\ recei\/ed hundreds of emails from citizens
concerned with the future of Jack's Boathouse, a boat rental operation in
Rock Creek Park. I can assure all those concerned that the boat house
operation wi ll continue into the future as it is an important public
sef'\Ace. I ha1..e directed the staff at the park and the Regional Office to
withhold further action on t he lease termination until I ha1..e conducted a
ttps://mall.googlo, com Im all/b/152/u/O/?ui=2&1k=f 534 766664&v lew=pt&cat=Jack's Boathouse&search= .. .
Mon, Dec 24, 2012 at 7:07 PM
111
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ll!JF1'JHE: INTERIOR Mall Why I signed - Because Jack's Boathouse hlls
Why I signed .... Because Jack's Boathouse has
mail@change.org>
Mon, Dec 24, 2012 at 7:02 PM
I just signed Jesse B Rauch's petition "Nati onal Park Service: Save Jack's Boathouse from Closure!" on
Change.org.
Because Jack's Boathouse has given pleasure to so many, including me
Sincerely,
New York, New York
http://www. change. org/ petitions/national -park -s er.ii ce-s ave-jack e-from-c I os urn?res pons e:
29a27107fe70
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Why I signed ... This a tradition on

To: Ste1.e_Whitesell@nps. gov
Dear Ste1.e Whitesell , Regional Director (National Park Ser\1ce).
Mon, Dec 24, 2012 at 6:54 PM
Change.org.
This a tradition on the DC waterfront. A good ser\1ce for the neighborhood and the greater DC community.
Lusby, Maryland
http://www.change.org/peti tlons/national-park-service-save-jack-s-boatl1ouse-from-closum?response:;;;
29a27107fe 70
OF THE INTERIOR Mall Ro: Jon Is Issuing statement
Re: Jon is issuing statement
David Barna <davld_barna@nps.goV>
To: steve_whitesell@nps.gov
Merry christmas
Retirement is looking good
D
-- Original Message -
From: Steve Whitesell [mai lto: ste'l._whitesell @nps. gov)
To: David Barna <davld_barna@nps.goV>
Subject : Re: Jon is Issuing statement
David
LeBel Is reaching out. One correction - Jack's is in Rook Creek not C&O.
My fault for earlier note. The two park's interlock right there.
Sent from my IPad
On Dec 24, 2012, at 5:09 PM, David Barna <david_barna@nps.goV> wrote:
> - - Original Message -
> From: Katherine Kelly [mailto:kate_kelly@ios.doi.gov)
> Sent: Monday, December 24, 2012 03:07 PM
>To: david_barna@nps.gov <david_barna@nps.goV>; Maureen_Foster@nps.gov
> <Maureen_Foster@nps.goV>; Sue_Waldron@nps. gov <Sue_Waldron@nps.goV>
> Subject: Re: Jon is issuing statement
>
> Once this is done, does anyone have the ability to reach out to Simkin?
> Would be ideal to hear directly from the NPS - rather than reading about
> it in the paper.
>
>
> - - Original Message -
> From: David Barna [mailto:davld_barna@nps.gov]
> To: maureen_foster@nps.gov <maureen_fost er@nps.goV>;
> kate_kelly@ios.doi.gov <kate_kelly@ios. doi.goV>; sue_waldron@nps.gov
> <sue_waldron@nps.goV>
> Subj ect: Re: Jon is issuing statement
>
> Talked to jonm
>We are all over this
>D
>
> From: Maureen Foster [mailto:maureen_foster@nps.gov]
ttps://mail.googlo. com/mall/b/152/u/O/?ui=2&ik=f 534 768664&v lew=pt&cat =Jack's Boathouse&search ..
Mon, Dec 24, 2012 at 6:46 PM
1/2
130/111>EPARTMENT OF THE INTERIOR Mall - Re: Jon is issuing statement
> To: Dal/id Barna <Oavid_Barna@nps.gov>
> Subject: Jon is issuing statement
>
> Just talked to Laura again. She just wanted me to check with you to
> ensure that Jon reaches out to you.
>
> Merry Xmas.
>
> Maureen D. Foster
> National Park Service
> 202.208.5970
ttps://man.google. com/mail/b/152/u/O/?ui " 2&1k" f 5311768664&v iew=pt&catJack's Boathouse&search= ...
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1300llPARTMENT OF THE INTERIOR Mall Why I signed - I don't see l'<tly
Why I signed -I don't see why
<mail@change. org>
Mon, Dec 24, 2012 at 6:45 PM
I just signed Jesse B Rauch's petition "National Park Ser\.1ce: Save Jack's Boathouse from Closure!" on
Change.erg.
I don't see why Jack's should close when it's been a healthy friend to the Potomac river. It seems that NPS
already has the idea tenant for thi s location.
Sincerely,
http://www.change.org/petitions/national-park-ser\.1ce-save-jack-s-boathouse-from-closure?rcsponse=
29a27107fe70
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M'INENT OF THE INTERIOR Mail Wt1y I signed - Boathouse is won fun,
Why I signed -- Boathouse is well run,
- <mail@change.org>
Mon, Dec 24, 2012 at 6:44 PM
Change.org.
Boathouse is well run, and prices are reasonable .
......
lusby, Maryland
http://www.change.org/petitions/ nat lonal-park-service-sa-..e-jack-s-boathouse-from-closure?responso=
29a27107fe70
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130/ 'IJEPARTMENT OF THE INTERIOR Mall - Why I signed - I havo lived In
Why I signed ... I have lived in
<mai l@change.org>
Mon, Dec 24, 2012 at 6:43 PM
Change.org.
I ha\'0 lived in this area for over 45 years! I cant belie-..e they would shut something down to turn around and
offer it to anyone to open up again which in essence would put the original owner out of business. Why not
just give them a long term lease and preserve some public good will as well as a slice of Old time
Washington?!
.. nd
.Rauch by clicking here:
http://www.change.org/petitl ons/national-park-service-save-jack-s-boathouse-from-closure?response=
29a27107fe70
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130114 OEPARTMENT OF THE INTERIOR Mail - Wily I signed -- I grew up in
Why I signed -- I grew up in
<mail@change.org>
Dear Steve Whitesell , Regional Director (National Park Service).
Mon, Dec 24, 2012 at 6:42 PM
Change.org.
I grew up in Georgetown and had many happy times there. Now I love to bring out-of-town guests to Jack's for
an adventure that not too many people know about. It won't be the same if it's not Jack's.

29a27107fe70
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Why I signed -- landmark that doesn't need

Dear Whitesell , Regional Director (National Park Service},
Mon, Dec 24, 2012 at 6: 40 PM
Change.org.
landmark that doesn't need to be closed or shut down.
-
silver spring, Maryland

29a27107fe70
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O!J.IWHMENT OF THE IN1ERIOR M<ill - Why I signed - I have been going
~
511
Why I signed ... I have been going
<rnail@change.org>
Dear Steve Whitesell, Regional Director (National Park Serv1ce),
Mon, Dec 24, 2012 at 6: 30 PM
Change.erg.
I have been going to Jack's Boats for decades. It is the only place in our nation's capitol that one can get to
and kayak or canoe and enjoy the outdoors. It is a small business that is successful. Leave it be .
....
Brunswick, Maryland
http: I lwww. change. org/ peti lions/ national-park ervic e-s al.{?jack -s-boathous e-frorn-c los ure?res pons e=
29a27107fe 70
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fBIHIUf" OF THE INTERIOR Mall Why I signed - That boathouso has been
Why I signed ~ T h a t boathouse has been
mail@change.org>
Mon, Dec 24, 2012 at 6:27 PM
I just signed Jesse B Rauch's petition "National Park Service: Saw Jack's Boathouse from Closure!" on
Change.org.
That boathouse has been open as long as l'-ve been alive and has faithfully served its clients throughout that
time .If its purpose is to remain the same, I say shame on the NPS for closing this great business down and
putting more people out of work!
-

http:/ /www.change.org/peti tions/national-park-ser\lice-save-jack-s-boathouse-from-closurc?response:::
29a27107fe 70
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I001F1ARTMENT OF THE INTERIOR Mail Why I signed Not only In Jack' s
Why I signed -- Not only is Jack's
- mail@change.org>
To: Ste\.{!_Whltesell@nps.gov
Dear Ste'A!l Whitesell, Regional Director (National Park Service),
Mon, Dec 24, 2012 at 6:25 PM
Change.erg.
Not only is Jack's an institution on the Potomac waterfront , it's a business. I sure hope the park
service doesn't simply want to run Jack's off so it can reap the rewards. That would be mean indeed.
Sincerely,

29a27107fe 70
111
IWl4- Re: Okay , thi:; ~ finished for tonite, Merry Christmas to all and to ...
Re: Okay, this is finished for tonite, Merry Christmas to all and to II a good
night
Laura Davis <laura_da\As@ios.doi.goV> Mon, Dec 24, 2012 at 6:22 PM
To: dai,;d_barna@nps.gov, kate_kelly@ios.doi.gov
Cc: Jon_Jarvis@nps.gov, peggy _o'dell@nps.gov, ste...e_whitesell @nps.gov, lisa_mendelson-ielmini@nps.gov,
Sue_Waldron@nps.gov; blake_androff@ios.doi.gov, Maureen_Foster@nps.gov
Thanks all - David especial ly. Merry Christmas to all and enjoy the Chinese food .
To: Katherine Kelly <kate_kelly@ios. doi.gov>; David Barna <David_Barna@nps.gov>
Cc: Jon_Jarvis@nps.gov <Jon_Jarvis@nps.gov>; peggy_o'dell @nps.gov <peggy_o'dell@nps.gov>;
steve_whitesel l@nps.gov <steve_whitesell@nps.gov>; lisa_mendelson-ielmini@nps.gov <lisa_mendelson-
ielmini @nps.gov>; Sue_Waldron@nps.gov <Sue_Waldron@nps.gov>; blake_androff@ios.doi.gov
<bla ke_androff@ios. doi .gov>; la ura_davis@ios.doi .gov <la ura_davis@ios. doi .gov>; Ma ureen_Foster@nps.gov
<Maureen_Foster@nps.gov>
Subject: Okay, this is finished for tonite, Merry Christmas to all and to II a good night
I posted Jons statement modified by Kate to Change.erg and sent it to the washigton post reporter.
Lets lea...e thi s alone till tomorrow
lime for chinese fud.
oai,;d
Washington DC
On Dec 24, 2012, at 5:33 PM, Katherine Kelly <kate_kelly@ios.doi.goV> wrote:
Thanks, Jon. Two edits: added an "s" to Jack's and "on the lease t ermination" when t alking
about further action to make that section cl earer.
Also, who would be the appropriate person to reach out to the owner tonight from NPS to
gi ve him Jarvis's stmt?
"In the last 24 hours, I have received hundreds of emails from citi ze ns concerned wi t h the
future of Jack's Boathouse, a boat rental operation on the C&O Cancil National Historical Park.
I can assure all those concerned that the boat house operation will continue into the future
as it is an important public servi ce. I have direct ed the staff at the park and the Regi onal
Office to withhol d further action on the lease termination until I have conducted a thorough
lips ://mall.google.coml mail/b/ 152/u/O/?ul 2&1k=f 534 768664&v iovr-pt&oat J11ck's Boathouso&search .. . 115
134111.i Re: Okay. this Is f inished !or tonite. Merry Chrlstm3s to all and to ...
revi ew and determined the best course of act ion."
From: Jarvis, Jonathan [mailto:j on_jarvis@nps.gov]
Sent: Monday, December 24, 201203:19 PM
C.C: kate_kelly@ios.doi.gov <kate_kelly@ios.doi.gov>; peggy_o'dell @nps.gov
<peggy_o'dell @nps.gov>; steve_whitesell @nps.gov <steve_whitesell@nps.gov>; Li sa Mendelson
<lisa_mendelson-ielmlni@nps.gov>; sue_waldron@nps.gov <sue_waldron@nps.gov>;
blake_androff@ios.doi.gov <blake_androff@ios.doi.gov>
Per my discussion with Laura, we need to get out a statement now whi ch I ha"'3 drafted below .. I
had to put a filter on my emai l, as I almost a 1000 now.
"In the last 24 hours, I ha..a recei1.1ed hundreds of emai ls from citizens concerned with the future of
Jack' Boathouse, a boat rental operation on the C&O Canal National Hi storical Park. I can assure
all those concerned that the boat house operation will continue into the future as it is an important
public servi ce. I directed the staff at the park and the Regional Office to withhold further action
until I conducted a thorough review and determined the best course of action."
On Mon, Dec 24, 2012 at 12:39 PM, David Barna <david_barna@nps.goV> wrote:
She wi l l hol d off t il l thrusday i f possible but wants to know what is going on with thi s l ease
Davi d
From: Katherine Kelly [mailto: kate_kelly@ios.doi.gov)
C.C: Sue_Waldron@nps.gov <Sue_Waldron@nps.gov>; blake_androff@ios.doi.gov
Barna - can you call the reporter and ask for her to hold off unti l thurs or so on a fol l owup?
She shd appreciate that the federal gov't i s closed for the next two days and that you need
certain peopl e online to help tell an accurate story. I t hink you can tell herthat she's only
hearing one si de ... But you need more time t o track down NPS's si de to get it right.
To: Katherine Kelly <kate_kelly@ios. doi.gov>; Steve Whitesell <Stevc_Whitesell@nps.gov>;
ttps ://rn!lll .google. com/m aillt>l152/u/O/?ul=2&ik=I 534 768664&v leW"pt&cat=J ack's ... 2/5
/Jlllll4 Ro: Okay . this Is finished for tonite, Merry Christmas to a!I and to ...
Carol Johnson <carol_b_johnson@nps.gov>; Lisa Mendelson-ielmini <Lisa_Mendelson-
Ielmini @nps.gov>; David Barna <David_Barna@nps.gov>
<peggy_o' dell @nps.gov>; Sue_Waldron@nps.gov <Sue_Waldron@nps.gov>
David
On Dec 24, 2012, at 11:05 AM, Katherine Kelly <kate_kelly@ios.doi.goV> wrote:
Today's story was pretty awful for the Park. NPS comes across as job- ki l lers
that don't have a very clear reason for rescinding the lease. Sounds l ike the
letter came without warning - and right before Xmas.
Without knowing any details about the how and why here, I'd suggest that
NPS try and do some cleanup with this second story ... Or ri sk seeing a
negative WaPo editorial and many follow- ups.
Do you all have a plan of action, or more relevant details?
From: All ison Klein [mai lto:kleinalllson@washpost.com]
CC: blake_androff@ios.doi.gov <blake_androff@ios.doi.gov>;
kate_kel ly@ios.doi.gov <kate_kelly@ios.doi.gov>; peggy_o'dell@nps.gov
<peggy_o'dell@nps.gov>; sue_waldron@nps.gov <sue_waldron@nps.gov>
David and Lisa,
questions?
Thank you.
Alli son
Alli son Klein
Reporter
The Washington Post
703-518-3019
From: David Sama <davld barna@nps.gov>
To; <kl Ainall lson@washpost.com>, <dovid bnrna@nps.gov>, <kate_l<elly@ios.dol.gov>,
I tps://m(lll.google.com/mall/bl152/u/O/?ul=2&1k f 534 766664&v lew=pt&cat =Jack's Boattiouse&search= ... 3/5
Mall - Re: Okay, this is linist1od f or tonlte, Merry Christmas t o all and to ...
<sue_wal dron@nps.gov>, <poggy_o'del l@nps.gov>, <bl ake_anclroff@i os.doi.gov>
Dale 12/2312012 07:16 PM
SubJacl: Fw: WashPost story, deadll na today
From: Lisa Mendelson-Ielmini
Sent: Sunday, December 23; 2012 04:59 PM
To: David Barna <davjd barna@nps.goy>
Cc: Steve Whitesell <steve whjtesell@nps.gov>
concession contract. This concession will be announced within a few
a concession will be complete by February 1, 201 3, and we
anticipate no interruption of servi ce at the site."
202-297-1338 cell
202-619-7023 office
On Dec 23, 2012, at 4:26 PM, David Barna <david barna@ops.gov>
wrote:
David
David Barna
Chief Spokesman
Washington DC
ttpa ://mail.google.com/ mall/b/ 162/u/O/?ui=2&ik=f 534 768664&v lew:opt&cat =Jack s Boalhouse&search:: .. . 415
/ l l / \ ~ 4 Re: Okay, this Is f inishcd f or l onlte, Merry Christmas l o all and t o ...
Hi Kathy and David,
short notice, the story was just assigned. to me.
Thank you.
Allison Klein
Reporter
The Washington Post
Jonathan 8. Jatvis
Director, NPS
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IOO!lffARTMENTOF THE INTERIOR Mall-Why I signed -- Becauso I have :i
Why I signed -- Because I have a
<mail@change.org>
Dear Steve Whitesell , Regional Director (National Park Service),.
Mon, Dec 24, 2012 at 6:22 PM
I just signed Jesse B Rauch's petition "National Park Service; Save Jack's Boathouse from Closure!" on
Change.org.
Because I have a Groupon coupon to Jack's
...
Rock"111e, Maryland
http://www.change.org/petltlons/national-park-service-save-jack-s-boathouse-from-closure?response::
29a27107fe70
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irn!ll'PARTMENT OF THEO INTERIOR Mall Why I signed -- We neod to keep
Why I signed -- We need to keep
<mail@change.org>
Mon, Dec 24, 2012 at 6:21 PM
I just signed Jesse B Rauch's petition "National Park Se!Vice: Save Jack's Boathouse from Closure!" on
Change.org.
We need to keep this hi storic place where tourists can come and use this facil ity to on the water. Its also a
fun place for everyone to come get some exercise and have fun as well.
--
Waldorf, Maryland
29a27107fe70
tips ://mail .google.com/mail/b/ 152/u/O/?ul=2&ik =I 534768664&v lew:pt&cet =Jack's Boathouse&soarch=.,, 1/ 1
- Re: Fwd: 1 spoke l'Alh the reporter WashPosl story, deadline today
Re: Fwd: I spoke with the reporter WashPost story, deadline today
Steve LeBel <steve_lebel @nps.goV>
To: Ste-..e_Whitesell @nps.gov
Cc: Lisa_Mendelson-lelmini@nps.gov
Mon, Dec 24, 2012 at 6:19 PM
I can email it to him now, if you'd l ike? We should change CHOH to ROCR, to be accurate.
A'om: Steve Whitesell [mailto: steve_whitesell @nps.gov]
Monday, December 24, 2012 02:58 PM
To: Steve LeBel <steve_lebel@nps.gov>
Cc: Lisa Mendelson <lisa_mendelson-iel mini@nps.gov>
Subject: Fwd: I spoke with the reporter WashPost story, deadline today
Steve
Can you get this to Simkin?
Sent from my iPad
Begi n forwarded message:
From: Maureen Foster <maureen_fos ter@nps.goV>
To: Katherine Kelly <kate_kelly@ios.doi.goV>
Cc: "Jon_Jarvis@nps.gol/' <Jon_Jal"\lis@nps.goV>, "david_barna@nps.gol/'
<david_barna@nps.goV>, "peggy_o'dell@nps.gol/' <peggy_o'dell @nps.gov>,
"steve_whilesel l@nps.gov' <steve_whitesell@nps.goV>, ''lisa_mendelson-ielmini@nps.gol/'
<lisa_mendelson-ielmini@nps.goV>, "Sue_Waldron@nps.gol/' <Sue_Waldron@nps.goV>,
"blake_androff@ios.doi.gov' <blake_androff@los.doi.gov:o:, "laura_davis@ios.doi.gol/'
<laura_davis@ios.doi.gov>, Peter May <Peter_May@nps.goV>
Looping in Peter who has been in\Ul-..ed.
Maureen D. Foster
National Park Sel"\lice
202.208.5970
On Dec 24, 2012, at 5:33 PM, Katherine Kelly <kate_kell y@ios.doi.goV> wrote:
Thanks, Jon. Two edits: added an "s" to Jack's and "on the lease termi nation"
when tal king about further action to make that section clearer.
Also, who would be the appropri ate person to reach out to the owner toni ght
llps://m all .google. com/mail/bi 152/u/0/?ul=2&1k =f 534 768664&v lew;pt&cat=Jaol<'s Boi;ithouse&soarch= . . 116
R!Wil - Re; FWd: 1 spoke with the roporter WashPost story. doa<Jllne today
from NPS to give hi m Jarvis's stmt?
" In the l ast 24 hours, I have received hundreds of emai ls from ci t i zens
concerned with the future of Jack's Boathouse,_ a boat rental operation on t he
C&O Canal National Historical Park. I can assure all those concerned that the
boat house operation will conti nue into the fut ure as it i s an important public
service. I have directed the staff at the park and the Regional Offi ce to withhold
f urt her action on the lease termination unti l I have conducted a thorough
revi ew and determined the best course of action."
From: Jarvis, Jonathan [ mailto:jon_jarvis@nps.gov]
Cc: kate_kelly@ios.doi.gov <kate_kelly@ios.doi.gov>; peggy_o'dell@nps.gov
<peggy_o'dell@nps.gov>; steve_whitesell @nps.gov <steve_whitesell @nps.gov>; Lisa
Mendelson <lisa_mendelson-ielmini@nps.gov>; sue_waldron@nps.gov
<sue_waldron@nps.gov>; blake_androff@ios.doi.gov <blake_androff@ios.doi .gov>
Per my discussion with Laura, we need to get out a statement now which I ha'A9
drafted below . . I had to put a filter on my email , as I ha'A9 almost a 1000 now.
"In the last 24 hours, I have recei'A9d hundreds of emails from citizens concerned with
the future of Jack' Boathouse, a boat rental operation on the C&O Canal National
Historical Park. I can assure all those concerned that the boat house operation will
continue into the future as it is an important public service. I have directed t he staff at
the park and the Regional Office to withhold further action until I have conducted a
On Mon, Dec 24, 2012 at 12:39 PM, David Barna <david_bama@nps.goV> wrote:
She wi ll hold off ti ll thrusday if possibl e but wants to know what i s goi ng on
with this lease
David
From; Katherine Kelly [mailto:kate_kelly@ios.doi.gov]
Cc: Sue_Waldron@nps.gov <Sue_Waldron@nps.gov>; blake_androff@ios.doi .gov
<blake_androff@ios.doi. gov>
ttps ://mail. google. com/mail/bl 152/u/O/?ul,,2&1kl0f 534 768664&v lew=pt&cat Jeck' s Boathouse&search= ... 216
~ ~ ~ i j - Re: Fwd: I spoko wllh the reporter WashPost story, deadlino t o ~ y
Barna - can you call the report er and ask for her to hold off unti l thurs or so on
a foll owup? She shd appreciate t hat t he f ederal gov't is closed for lhe next
two days and that you need certain peopl e onli ne to help t ell an accurate
story. I think you can tell her that she's only heari ng one side ... But you need
more t ime to track down NPS's side to get i t right.
To: Katherine Kelly <kate_kclly@ios.doi.gov>; Steve Whitesell
<Steve_Whit esell @nps.gov>; Carol Johnson <carol_bjohnson@nps.gov>; Li sa
Mendelson-ielmlni <Lisa_Mendelson-Ielmini @nps.gov>; David Barna
<David_Bar na@nps. gov>
Cc: blake_androff@los.doi.gov <blakc_androff@ios.doi.gov>;
peggy _o'dell @nps.gov <peggy_o'dell@nps.gov>; Sue_ Waldron@nps.gov
<Sue_Waldron@nps.gov>
I heard second hand about thi s issue and not sure what we can say, if anything.
accusations.
David
On Dec 24, 201 2, at 11 :05 AM, Katherine Kelly <kate_kelly@ios.doi.goV> wrote:
Today's story was prett y awful for the Park. NPS comes across as
job- kil lers that don't have a very cl ear reason for resci nding t he
lease. Sounds l ike the letter came without warning - and ri ght
before Xmas.
Wi thout knowing any details about the how and why here, I'd
suggest t hat NPS try and do some cleanup wit h t his second
story ... Or risk seeing a negative WaPo editorial and many
follow-ups.
Do you all have a plan of action, or more relevant detai ls?
I'm happy to hop on the phone with you all . Let me know.
From: Allison Kl ein [mailto: klei nall ison@washpost.com]
l t ps: //mail . google. com/mail/bl 152/ u/ O/?u1 2&1k =f 534 768664&v lew-pt&cat =Jack's Boathouse&s eareh = . 3/6
IUIMail - Re: FWd: 1 spoke with the reporter WashPost story, deadlino today
To: David Barna <clavid_barna@nps.gov>
Cc: blake_androff@ios.doi.gov <blake_androff@ios.doi.gov>;
kate_kelly@los.doi.gov <kate_kelly@ios.doi.gov>;
peggy_o'dell @nps.gov <peggy_o'dell@nps.gov>;
Da..;d and Lisa,
Thank you for your statement last ni ght. Are you available for a few
Thank you.
Allison
Allison Klein
Reporter
The Washington Post
703-518-3019
rrom; David Sama <david_barna@nps.gov>
To: <klelnalllson@wa:;l1po1;.i .com>, <david barna@nps.gov>,
<kate_kol ly@ios.doi.gov>, <sue_ waldron@nps.gov>, <poggy_ o'dell @nps.gov>,
<blake_andruff@1os.dol.gov>
Dale: 12/23/201 2 07:16 PM
Subject: Fw: WashPost story, deadl ine today
From: Lisa Mendelson-Ielmini [mailto:lisa mendelson-
ielminj@nps.gov)
To: David Barna <david barna@nps.gov>
Cc: Steve Whitesell <steye whitesell @nps.gov>
and public access to the Potomac River are important to
the NPS and thus will be offered ~ a concession
contract. This concession will be announced within a few
days through a fair and open process. Mr. Simkin is free
to submit a proposal for the opportunity to operate the
concession. A Request for Qualifications will be
announced within a few days. The conversion to a
concession will be complete by February 1. 2013, and we
ttps :/Im ail.googlc.oom/melll b/1!32/u/O/?ui=2&1k f 534 766664&v iew=pt&catJ ack's Boathouse&search" ... d/6
U ~ ~ i j - RE'; Fwd: 1 spok() Wlttl the reporter WashPost story, deadline today
anti cipate no interruption of service at the site."
202-297-1338 cell
202-619-7023 office
<david barna@nps.gov> wrote:
David
David Barna
Chief Spokesman
Washington DC
<klei nallison@washpost.com> wrote:
Hi Kathy and David,
I am writing a story that will be in the paper tomorrow
about NP S's termination of contract for Jack's Boat
House in Georgetown. I would like to include in my story
why the contract is being terminated, as the letter NPS
sent to the owner did not explain why. I am sorry for the
Please email me or call me on my cell phone at your
earliest convenience, 202-222-5815.
Thank you.
Allison Klein
Reporter
The Washington Post
Jonathan B. Jarvis
Director, NPS
5/6
(b) (6)
(b) (6)
(b) (6)
13lil'll!IRIOR Mall - 25 more peoplu signed: Pat Warner, Kathleen Collins ...
hington, District Of Columbia
dman Rockville, Maryland
north potomac. Maryland
t t ps: // m nil. google. com/ mail/bl 152/v/O/?u! 2&1k =f 534 768664&v lcW"pt&cet =Jack s Boathouse&seerch= ... 212
(b) (6)
(b) (6)
EI00?4MENT OF THE INTERIOR Mail - Why I signed Don't take away this
Why I signed -- Don't take away this
<mail@change.org>
Mon, Dec 24, 2012 at 6:07 PM
Change.org.
Don't take away this landmark!
.._
Mclean, Virginia
There are now 991 signat ures on this petition. Read reasons why people are signing, and respond to Jesse B
http://www.change.org/potitions/nati onal-park-service-save-jack-s-boathouse-from-closure?responsc=
29a27107fe70
It ps: II m ail.googla. com/mall/ bl 1 b21 u/O/?ul=2&1k =f 534 768664&v lew=pt&cat =Jack's Boa thous e&searc h= ... 1/1
~ l c t l l Ok3y , this Is finished f or tonite, Merry Christmas to all and to 11 e ...
Okay, this is finished for tonite, Merry Christmas to all and to II a good night
David Barna <da'vid_barna@nps.goV> Mon, Dec 24, 2012 at 6:06 PM
To: Katherine Kelly <kate_kelly@ios.doi.gov>, David Barna <Da\1d_Barna@nps.gov>
Cc: "Jon_Jarvis@nps.gov' <Jon_Jarvis@nps.gov>, "peggy _o'dell @nps.gol/' <peggy _o'dell@nps.gov>,
"ste1ve_whitesell@nps.gol/' <ste\oe_whitesell@nps.goV>, "l isa_mendelson-ielmini@nps.gov' <llsa_mendelson-
ielmini @nps.gov>, "Sue_Waldron@nps.gov' <Sue_Waldron@nps. gov.>, "blake_androff@los.doi.gov'
<blake_androff@ios .doi .goV>, "laura_davls@los .doi.gol/' <laura_davls@ios.doi. gov>, "Maureen_Foster@nps.gov'
<Maureen_Foster@nps.gov>
I posted Jons statement modified by Kate to Change.org and se.nt it to the washigton post reporter.
Lets lea-& this alone ti ll tomorrow
lime for chinese fud.
Da\1d
Washington DC
On Dec 24, 2012, at 5:33 PM, Katherine Kelly <kate_kelly@ios.doi.gov> wrote:
Thanks, Jon. Two edits: added an "s" to Jack's and "on the l ease termination" when talking
about further action to make t hat section clearer.
Also, who woul d be t he appropriate person to reach out to the owner tonight from NPS to
eive him Jarvis's stmt7
" In the last 24 hours, I have received hundreds of emails from citizens concerned with the
future of Jack's Boathouse, a boat rental operation on the C&O Canal National Historical r>ark.
I can assure all those concerned that t he boat house operation will continue into the future
as it is an i mP.ortant publ i c service. I have directed the staff at the park and the Regional
Office to withhold further acti on on the l ease termination until I have conducted a t horough
review and determined the best course of action."
From: Jarvis, Jonathan [ mallto:j on_jarvis@nps;gov]
CC: kate_kelly@ios.doi.gov <kate_kelly@ios.doi.gov>; peggy_o'dell@nps.gov
<peggy_o'dell@nps.gov>; sl eve_whitesell@nps.gov <steve_whitesell@nps.gov>; Lisa Mendelson
<lisa_mendelson-iclmini@nps.gov>; sue_waldron@nps.gov <sue_waldron@nps.gov>;
tips :llmall.google. com/mail/b/152/u/Ol?ul=2&1k f 534 768664&v iew=pt&cat =Jack's Boathouse&seerch= ... 1/5
~ d i - Okay, ihis is finished for tonlto, Merry Christmas to all and lo II a ..
bla ke_a nclroff@ios. doi. gov <blake_androff@ios. doi. gov>
Per my discussion with Laura, we need to get out a statement now which I have drafted below .. I
had to put a filter on my emai l, as I have almost a 1000 now.
"In the last 24 hours, I ha1.oe received hundreds of emails from citizens concerned with the future of
Jack' Boathouse, a boat rental operation on the C&O Canal National Historical Park. I can assure
all those concerned that the boat house operation wi ll continue into the future as it is an important
public service. I have directed the staff at the park and the Regional Office to wi thhold further action
unti l I have conducted a thorough review and det ermined the best course of action."
On Mon, Dec 24, 2012 at 12:39 PM, David Barna <da\oid_barna@nps.gov> wrote:
She will hol d off till thrusday if possible but wants to know what is going on with this lease
If she is pushed to run a story soon she wi ll call me
David
Ft'om: Katherine Kelly [mailto:kate_kelly@ios.doi.gov]
Barna - can you call the reporter and ask for her to hold off until thurs or so on a followup?
She shd appreciate that the federal gov't is closed for the next two days and that you need
certain people on l ine to help tell an accurate story. I think you can tell her that she's only
hearing one side ... But you need more time to track down NPS's side to get i t right .
Ft'om: David Barna [mailto: david_barna@nps.gov]
To: Katherine Kelly <kate_kelly@ios.doi.gov>; Steve Whitesell <Steve_Whitesell@nps.gov>;
Carol Johnson <carol_bjohnson@nps.gov>; Lisa Mendelson-ielmini <Lisa_Mendelson-
Ielmini@nps.gov>; David Barna <David_Barna@nps.gov>
Cc: blake_androff@los.doi.gov <blake_androff@ios.doi.gov>; peggy_o'dell @nps.gov
I heard second hand about this Issue and not sure what we can say, if anything.
ttps ://mall.google. com/mall/b/152/u/O/?ui=2&1k=I 534 766664&v lew=pt&cal=J ack s Boalhouse&search= ... 215
Davi d
On Dec 24, 2012, at 11 :05 AM, Katherine Kelly <kate_kell y@ios.doi.goV> wrot e:
Today's story was pretty awfu I for t he Park. comes across as job-ki II e rs
t hat don't have a very clear reason for rescindi ng the l ease. Sounds li ke the
letter came without warni ng - and ri ght before Xmas.
Without knowing any detai l s about the how and why here, I'd suggest that
NPS try and do some cleanup with this second story ... Or risk seeing a
negative WaPo @di to ri al and many follow- ups.
Do you all have a pl an of acti on, or more rel evant detai ls?
I' m happy to hop on the phone with you all. Let me know.
From: AllisonKlein[mailto:kleinall ison@washpost.corn]
CC: blake_androff@ios.doi.gov <blake_androff@ios.doi.gov>;
kate_kelly@ios.doi.gov <kate_kelly@ios.doi.gov>; peggy_o'dell@nps.gov
<peggy_o'dell@nps.gov>; sue_waldron@nps.gov <sue_waldron@nps.gov>
Subject: Re: Fw: WashPost story, deadli ne today
David and Lisa.
Thank you for your st atement last night. Are you available for a few quick follow-up
questions?
Thank you.
Alli son
Alli son Klein
Reporter
The Washington Post
703-518-3019
From: David Barna <david_barna@nps.gov>
To: <kl ei nall iwn@washpost.com>, <cfav1cJ l.Jarna@nps.gov>, <kate_kelly@ios.doi.gov>,
<rue_walt.l ron@nps.gov>, <peggy o't.lel l @nps.gov>, <bl aka androH(Qlios.dol.gov>
Da te: 12/23/2012 07: 16 PM
Fw: WashPost story, deadl i ne today
From: Li sa Mendelson-l ei mini [mailto: lisa mendelson-ielmini@nps.gov]
'tl&lllif- Okay. this is finished r or tonlle, Merry Christmas to all and to ii a ...
To: David Barna <dayjd barna@nps.gov>
Cc: Steve Whitesell <steve whitesell @nps.qoy>
The recreational services offered and publi c access to the Potomac
River are important to the NPS and thus wi ll be offered as a
concession contract. Thi s concession will be announced within a few
a concession will be complete by February 1. 2013, and we
202-297-1338 cell
202-619-7023 office
wrote:
David
David Barna
Chief Spokesman
Washington DC
<kleinalli son@washpost.com> wrote:
Hi Kathy and David,
llps://mail .googlo. com/mall/bl 152/u/O/?ui=2&ik=f 534 76B664&v . l\15
vk3Y, this Is f inished f or lonile, Morry Chrlstm3S to all and to II a ...
Thank you.
Allison Klein
Reporter
The Washington Post
Jonathan B. Jarvis
NPS
ltps://moll.google.com/mail/b/ 152/u/O/?ul=2&1k"'f 634768664&v lew=pt&cat =Jack's Bo3thouse&search= ...
(b) (6)
(b) (6)
mmiNT OF THE INTERIOR Mail Why I signed - Jacks boathouse is one

Ell
Why I signed -- Jacks boathouse is one
- <mail@change.org>

Dear Steve Whitesell, Regional Director (National Park Serv;ce),
Mon, Dec 24, 2012 at 6:03 PM
Change.org.
Jacks boathouse is one of the jewels of DC and NEEDS TO BE SAVED!!!
........
Vienna, Virginia
http://www.chango.org/petltions/national-park-servico-save-jack-s-boathouse-from-closure?response=
29a27107fe70
ttps:llmall.google.coml mail/b/152/u/O/?ul.,2&1k t 534768664&view=pt&cat=Jack's Bo<tlhouse&search= ... 1/ 1
lo r">ef)lace J,1ck'5 - Housing Complex - stev o_wh\lesoll..
Mail

Economic Stimulu ...
Energy SrnartParks
Fll(iht 93
FOIA December 19
FOIA - Docornber .. .
FOIA - Georgetow .. .
FOIA - Issa Soquo .. .
FOIA Occupy DC
FOIA - Occupy DC.
Humor
Boi:dhousc
Jefferson GMP
McPherson Square
Pre-Washington M ..
Response to Hasti
Riwr-City-Arch
ROCR Deer
Sent Messages
Transportation Rea ..
WHHO First Amen ..
More
I 1abel:jack's-boathouse
[
___ _,I I Remove l<-1bel 1----1 ll........--1 .. _
Emails Reveal Park Service's Hurry to Replace Jack's Boath1
Complex Jack' Bo11tt1ouso x
Stidham, Tammy <t<1mmy.,stidl1111l1@nps.no'P
ht t [) ; 11 wwvy' wa j;Jlin.g_lQLii;_ill/_p_,\PD.U<-OJ_l)/!i),QQJ.\19.\le.ln!KQ}JJ.P.lms.l?O 1 3l_Ol\L2.J/Q1.u;

Click here to Reply, l'<eplyJp all, or FQm<>rd
3%full i:D2014 Googlo Tern1S cf Privs1cy
fulfil - EMIL<!"' f'Qllc,10$ Us inn 1.1 GG of your 30 GB
Row ored by Google
\ ps: // m I. google, com/ m ail/b/ 152/u/O/ lllabel/ Jack' a +Boathousof 1 3tld2045( oGdo 1 e9 111
126114 f::mails Reveal Park Service's Huny to Replace Jack's Boalhouse - Hou$ing Complex
... .sa'-urda. .. ...v.. ...._F .. ..e. .....bruo ...r ... v.- ...... 2....2...... .. ..: ..'...,;... . . . .. .. .....,..- .. ;.' .. .. : ....: .. .. . .....:.:..; .. : ...:..:.:;.
11
.;:..:,. .. ..I
................ ............. '. : .............. ....... ., ........... ..... : ........ : .............. ' ....... .
HOUSING
Emails Reveal Park Service's Hurry to Replace Jack's
Boathouse
B<)athousc is dead and gone, and ils protracted battle with the Park Se1vice is now wntcr under the Key Bridge.
Unl Freodo1n of I nfonnation Act reque!-!ts can take lhan a lifclinl(\, and the F()IA 1 sub1nitted when I was n.qxwting on
the ,Jack's saga c1.une batk to after the
Still, the internal NPS ctnails I rc1cc)ived a

postluunou!:i light on NPS' n1otives during its efforts l() tl
1
plaee the operator of the popuhlr bonthousc.
A brief 1ccnp of the cpisod<:: In Dece1nber
1
NPS sent a letter to <Tack's Boathouse operator Paul Simkin infonning hiln llH1t his
lease \Vas then I'CVCl'SCd course nnd said 1Jnek
1
[-i could in Optwation, then shifted gears once again in ,Ja11un1y
with a .solidtntion for a new operator of the boathouse. Sinlkin took NPS to court, but ulthnatc!y lhc ended when a judge
disn1i.ssod lho suil and NPS picked a new operator, U&G ()uttloor Rccrcnlion, {\lQ., in t'-1arch.
Thtoughout .':>tlugglc, .Shnkin that NPS repeatc)clly chnnA(jd its lltnc and that NPS concessions spctinHst Steve
I.elJ.el hiin rudtly and caridonsly. Shnkin said th.at in his final nleeting \vith Lclk:l in ilsked, "\
11
/hat do
you wanl nlc t.o do?"-tcJ which LcBel replled, "Be ..-;ont.," NPS thHl Shukin was nol officially on lht frH' the
whid1 hud been in operation 1945
1
that it needed to open the to co1npetitive bid for n totwcs.sion.
Internal crnails froin th(1 Nationnl Pa!'k Scrvkc ;Ind the affiliated National Park Foundat'ion (i.vhich technically ad1ninistcrtd
lease for ,Jack's) <.1ppear to back up Sin1kin
1
s clnirn that NPS was for hinl to frot11 thc star\:, and wanted to replace
hini :,IS quickly ns possible.
As hu back as Oclobcr; I \Vas a\rc)ady looking into evict Jntk's, :ind sent i1n cn1ail tCJ NP F's of
relalions, Joseph Eaves, pressing hhu lo help locale docurnentnlion conC(!\'ning .)(1ck's lease. "As forward wilh
the detor1nination of the of th<). entire Gcorgct.o\vn Watcrfront
1
we are exploring the \15:\C of the. subject properly by Jack's
Canoes o.ncl Kayaks
1
t..LC," L<:.
1
Bc.\ w1otc.
On .. I:;!, six
before Shnkin
order to the space, Lelle! wrotu to NPF Vic(: President Susa11

"Wc'l'c cotntnilLcd to !-J()Incone in place the day nfte1 Shnkin so every ininute ifl erudal."
Newt(ln responded the nexl day,
1
\)ur rcconHncndi1tion is to keep it ns a silnplc vnculc notice. All i.vho hnve Lhc lease
(youi side, our se<) thal il's that Y..'O enn giv() :.10 dl\YS notice. We'd like lo
il nt Lhal. ()peniny up ol11e1 lopics,

such (IS are they actually ossigned th(!. lease or 1vhether NPS is uoil1y to qf.J(H tht;ni a chancl! to bf! a.fl1tt11e
to the111 points on to tl1t1 iuhich is not our oool. rve'd then1 to vacate
1
.'>O let','-i il
nt lhal sirwe uJe fun;e the (nlthority 10 clo so." (My
-ash Ing to nc:itypci per.corn/blog s/ .. J ema i!s-ravaal-park-sA rv!cesah u rry" to-rep lace" jacks-bo athot,J $9/
128114 Emails Reveal Service's Hurry to Replace Jac::k'a Boathous0 - Housing Complex
Thal sarne day, l.(!UOl \Vl'Ol1:.
1
h1 nn on1ail to three NI'S official1-i> "Our scheduk) fo1 ing a .r.u1d .starting nn oporalor
hy l<'cb. 1 extretncly tight. As ofln!:!t night, 'vc are prepared lo the [request fo1 qunlil1entionsI upon
notice to SiJnldn.''
about the lo ntw opcl'ntor in Le Bel says, "We \.\'anted to gC!l lhl.! nci,v V\'hoeV{)l' that 111ay be,
inHtallcd

lo provide t-\erviee before tlK' SIJuson bcgan.
1
'
But that dO(\':itl
1
l why Nl'S see111ed so deter1nin{)d to get rid of
On th.r.H question> says, "The n.

1
Hson iR
tl11;.\ previout; operator M1. Shnkio\; narnc \va.s nol on the lease. lie had no right Lo conduct on P11rk Servke
.''
Ll1Bcl says he wnsn't any ruder to Siinkin than he i.s to nnyono ols(!,
11
Mt. Shnldn'):I to his opinion," I.eBcl snys.

treated no differently fron1 anybody
Photo by l.k111oiv
bottom - as a total douchebag. 1'm sorry for anyone wlio to wi\h guy.
"
"
Got re-directed hero --- wtr !las been going on., .still unclcnr why wll1\ttW to get rid ol such a historic DC

lniititllti'ilr\. the.re bei:m a11y other follow-up? Seems like a juicy statcrront Newtoo wit!\ U1i:! National Park Foundatkm:
"apcm1119 up othl:!r topics, such as arc they ;ictu;ilty ;1SS\g!\Cd \ht;: k:l\$t;: or whether NPS Is going to of I er them a chilncc to b1: i.1 C\lr"lC('.ssionalre,
serves to give thcrn on whlC:h to t(!t\ilf\\JC tile dlalo9ue, which not our $JOal. We'd like them to ::o it at tl1at since we have the
to do
Tl1e new business In that loc<1tio11 ls called Key 13rk.1gc
'They seems nk:ci l!noui)h b(1t everything n\'.l(!e Jai;k's i;Qo! 9one. The Adirondacks chairs on the dock tm<lcr \lie with the Japanese
l,.ln(Crr\:; were t11c flrsl tl1ir"lgs to 90. C":r0tta 1n1kC! room for a shltload or cri.IPPY :>it-on-to1>
n1ey've m:ide the place il high velum:! rental operntlon -- ;ind it IS (1 after all -- the essential chilractcr or J<ick'5 been oblitera\ed.
Too bad.
Addro:;a
",l("'I
a sh ing to ndl ypapa r .cornJb lags/ ... / 0 mails-reveal park-service s-t) u rry-tO-r'O p la co" jacks boath au seJ
"
212
FW: Activity In Ca:;e 1:13-cv-00130,,C!<K Jl'ICK'S CANOES ...

.

Fwd: FW: Activity in Case 1: 13-cv-00130-CKK JACK'S CANOES & KAYAKS,
LLC v. NATIONAL PARK SERVICE et al USCA Order
Lackey, Melissa <mellssa.lackey@sol.doi.gov.> Tue, Apr 23, 2013 at 10:41 AM
To: Ste"3 Whitesell <st0"3_whitesell@nps.gov.>, Lisa Mendelson <lisa_mendelson-ielmini@nps.gov.>, Tara Morrison
<tara_morrison@nps.gov.>, Ste"3 LeBel <stew_lebel@nps.gov.>, Tammy Stidham <tammy_stidham@nps.gov.>
For your files
Melissa Lackey
Attorney Ad;isor
U. S. Department of the Interior, Ofnce of the Solicitor
1849 c Street NW. Room 5323
Mail Stop 5311
Phone: 202 513-0733 Fax: 202 208-3877
This e-mail (including any and all attachments) is intended for the use of the indi;idual or entity to which it is
addressed. It may contain information that is pri>,il0g0d, confidential or otherwise protecled by applicable law. If
you are not the intended recipient or the employee or agent responsible for deliwry of this e-mail to the intended
is strictly prohibited. II you recei><ld this e-mail in error, please notify the sender immediately and destroy all
copies.
--- Forwarded message ---
From: Kelly, Wynne (USADC) <Wynno.Kolly@L1sdoj.gov.>
Date: Tue, Apr 23, 2013 at 1O:16 AM
Subject: FW: Acti"1ty In Case 1:13-cv-00130-CKK JACK'S CANOE:S & KAYAKS, LLC v. NATIONAL PARK
SERVICE et al USCA Order
To: "Lackey, Melissa (rnE>lissa lackey@sol.doi.gov)" <melissa. laclwy@sol.doi.gov.>
Hi Melissa,
Herc is tho appeal dismissal
Thanks,
t lp$ : // m <11 I, google, com/ m a!l!b/ 1 G2/u/O/ ?u!=2&ik =f 534 i'606El4 &v lew;;;pt &cat =Jack s house&$ 0<1rc h "
1

1/3
.,.11;111 FW: Activity Ir) C<isfl 1:13-cv-00130-Cl<I( JAC!('S CANOES ...
Wynne
From: DCD ___ECFNotice@clccl.uscourts.gov [mailto:OCD __ ECFNolice@clccl. uscourts .gov]
Sent: Monday, April 22, 2013 6:59 PM
To: DCD __ ECFNotice@dcd.1.1scourts.gov
Subject: Activity in Case 1: 13cv-00130-CKK JACK'S CANOES & KAYAKS, LLC v, NATIONAL PARK SERVICE et al
USCA Order
This is an automatic e-mail message generated by the CMIECF system. Please DO NOT RESPOND to
this e-mail because the mail box is unattended.
, .. NOTE TO PUBLIC ACCESS USERS .. ' Judicial Conference of tho United States policy permits
attorneys of record and parties in a caso (including prose litigants) to receive one free electronic copy
of all documents filed electronically, if receipt is required by law or directed by tho filer. PACER access
fees apply to all other usors. To avoid later charges, download a copy of each document during this
first viewing. However, if the referenced document is a transcript, the free copy and 30 page limit do
not apply.
U.S. District Court
District of Columbia
Notice of Electronic Filing
The following transaction was entered on 4/22/2013 at 6:59 PM and filed on 4/19/2013
Case Name: JACK'S CANOES & KAYAKS, LLC v. NATIONAL PARK SERVICE et al
Case Number:
Filer:
WARNING: CASE CLOSED on 04/1112013
Document Number: 35
Docket Text:
ORDER of USCA as to [30] Notice of Appeal to DC Circuit Court, filed by JACK'S CANOES & KAYAKS,
LLC; ORDERED that the Clerk note on the docket that this case is dismissed. No mandate will issue.
USCA Case Number 13-5099. (md, )
1:13-ev--00130-CKK Notice has been electronically malled to:
Charles Henry Camp, Sr ccarnp@charlescampiaw.com
Wynne Patrick Kelly wynne.kelly@usrJoj.gov, joseph.flnnigan@usdoj.gov, wpkelly78@gmail.com
ttps :/Im Bi I. com/mall/ bl 152/ u/O/?u i=.2&1k 534 708664&v low= pt &cal =Jack's Boat earc h= ...
'281"1.f"wd: FW'. Activity In 1:13-cv-00130-CKK JACK'S Cf\.NQF.S ...
Matthew Robert Blacher rnatt110w.lJlecher@dc.gov, ollon.ofros@dc.gov, grace.grahrnn@dc.gov
1:13-cv.00130CKK Notice will be delivered by other means to::
The following docurnent(s) are associated with this transaction:
Document description:Main Documont
Original flloname:supprossed
Electronic document Stamp;
[STAMP dcecfStampJD=973800458 [Dato=4/22/2013] [FileNl1mber=36184100]
[2b2d5e 11317 daa8954623ee50c3b28c99f90fu8fe3b98d89aob8f22e5e06d4f8312e
d81389ddad2278d0e21ea2b7b041dea162b82e908a67015(63a 72ada4e4c ]]
t::J Jack's Canoes D.C. Cir. Dismissal.pdf
25K
ttps://mall.goog10.com/m<1!1/b/152/u/O/?ul=2&ik=f 534 768684&v lewrorit&cat=Jack's 313
j5ltutes Oiourt of J\ppeuls
DISTRICT OF COLUMBIA CIRCUIT
No. 13-5099
Jack's Canoes & Kayaks, LLC,
Appellant
v,
National Park Service, et al.,
Appellees
September Term, 2012
1:13-cv-00130-CKK
Filed On: Aprll 16, 2013 114311121

Upon consideration of the stipulation for dismissal of this appeal, it is
ORDERED that the Clerk note on the docket that this case is dismissed. No
mandate will issue.
FOR THE COURT:
Mark J. Langer, Clerk
BY: /s/
Mark A. Butler
Deputy Clerk

.
'
Fwd: Jacks v NPS Settlement and Mutual Release Agreement FINAL.doc
LeBel, Steve <ste1.e_lebel@nps.goV> Wed, Apr 10, 2013 at 1:06 PM
To: Ste1.e Whitesell <Ste"'>_Whitesell@nps.goV>, Lisa Mendolson <lisa_mendelson-ielmini@nps.goV>, Philip Selleck
<Philip_Selleck@nps.goV>, Tara Morrison <Tam_,Morrison@nps.goV>
I'll be facilitating signatures.
------ Forwarded message -----
From: Lackey, Melissa <meliss<i.l01ckey@sol.doi.goV>
Date: Wed, Apr 10, 2013 at 11:27 AM
Subject: Fwd: Jacks v NPS Settlement and Mutual Release Agreement FINAL.doc
To: Ste1.e LeBel <stew .. JM>el@nps.goV>
Melissa Lackey
Attorney Ad\isor
Mail Stop 5311
Phone: 202 513-0733 Fax: 202 208-3877
This e-mail (including any and all attachments) is intended for the use of the indi\idual or entity to which it is
addressed. It may contain information that is pri\ilegod, confidential or otherwise protected by applicable law. If
you are not the Intended recipient or the employee or agent responsible for deli1.eiy of this e-mail to the intended
recipient, you are hereby notified that any dissemination, distribution, copying or uso of this e-mail or its contents
is strictly prohibited. If you recei1.ed this e-mail in error, please notify the sender immediately and destroy all
copies.
From: Kelly, Wynne (USADC) <Wynne.Kelly@usdoj.(lOV>
Date: Wed, Apr 10, 2013 at 10:58 AM
Subject: Jacks v NPS Settlement and Mutual Release Agreement FINAL.doc
To: "Lackey, Melissa (molissa.lackoy@sol.doi.gov)" <111clissa.lackey@sol.doi.90V>
Dear Melissa,
Can you please help me in getting NPS and NPF signatures on this so that we can dismiss these cases?
They agreed to al I of our changes.
J(Jcks V NPS 9Gttlement Mutual Relouse Agl'/.:.1/.:.lrn(Jlit FIN
Thanks I
Wynne
Wynne P. Kelly
Assistant United States Attorney
U.S. Attorney's Olllce Rir the ofColm11hia
555 4th Street N.W.
(202) 307-2332
wynrm. kellycl1] usdoj. gov
Ste\ LeBel
Associate Regional Director. Operations and Education
Program Mantigor, Office of Business Ser,ioes
National Capital Region, National Park Sor,ico
Phone: (202) 619-'1072
Fax: (202) 619-7157
The information contained in this message rmly tie protected by attorney-client or other privilege. It is intended
for the use of the individuals to whom it is sent. Any privilege is not wai'.<ld by virtue of this having been sont by
e-mail. If the person actu11lly receiving this message or any other reader of this message is not a nmned
rocipiont, any use, dissemination. distribution. or copying of this communication is prohibited. If you recei'.<l this
l@'.J Jacks v NPS Settlement and Mutual Release Agreement FINAL.doc
19K
l tps ; 11 mall, googla, com/malt/ b/ 152/ u/O/?ui=2&1k =f 534 761J664&v <1t m; k's hau!?a&s earch = ... 212
contentions and claims arising out of, resulting from, or in any manner related to the
District (\mrt action and/or the Appeal.
4. Neither the fr1ct of this Agreement, nor any of the terms contained herein, shall
constitute an admission or evidence of wrongdoing, negligence or liability of any type
whatsoever by any Party and shall not be used in any other legal proceeding as such.
5. The Pnrtics acknowledge that they have had im adequate opportunity to read and
study this Agreement and to confer with their counsel of choice to the extent they wished
to do so. The l'nrtics acknowledge that they sign this Agreement voluntarily and without
coercion.
6. To facilitate the execution of this Agreement, facsimile and/or scanned
transmissions of signatures shall be accepted as original signatures. The Agreement mny
be signed in counterpnrts and said counterparts shall be treated <ls though signed as one
document.
7. The Parties acknowledge and agree that they have placed no reliance on any
promises or representations were made to them concerning the subject matter of this
Agreement which do not appear written herein and that this Agreement contains the
entire agreement of the Parties on the subject matter of Jack's Boathouse, the District
Court action and the Appeal. The Patties fu1ther acknowledge and agree thnt parol
evidence shall not be used to interpret the intent of the Parties in making this Agreement.
8. This Agreement shall be governed by and construed in accordance with the laws
of the District of Columbia without regard to conflicts of law. Any disputes under this
Agreement shall be brought in the United States District Court lbr the District of
Columbia, and the Parties hereby consent to the personal jurisdiction and venue of such
Court.
9. This Agreement may be modified, superseded, or voided only upon the written
agreement of the Parties. Physical destruction or loss of this document shall not be
construed as a modification or termination of this Agreement.
I 0. The persons executing this Agreement each represent and warrant that they arc
fully authorized and competent to execute this Agreement.
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement
2
effective as of the date first above written.
Jack's Cimocs & K(1yaks, LLC
By: ________ ............. ---
l'aul Simkin, Sole Owner &
Managing Member
B y. ________ _
Name:
Title:
---
Ni1tional Park Service
By: ________________ _
-----''"""""--
Name: ___________ _
Title:
--
3
12iJ/14Dr:!PARTMENT OF THE INTEHIOH Mall - Re: Key Brld"10 t\o1)thousl'J

'

'
Tara Morrison <tam_morrison@nps.goV> Mon, Apr 8, 2013 at 11:21 AM
To: "Whitesell, Ste',<;)" <ste,.,_whitesell@nps.goV>
Cc: "Olson, Jeffrey" <jeffrey_olson@nps.goV>, Ste\<3 LeBel <Ste,.,_LeBel@nps.goV>
Thanks all. I am down at the site now and will touch base later today.
Tara
Sent from my iPhone
On Apr 8, 2013, at 11 :09 AM, "Whitesell, Ste"'" <slew,_,whitesell@nps.gov> wrote:
All is well. The Key Bridge folks reached agreement with Paul Simkin to buy out most of his
assets. They expect to sign an agreement to that effect later today. With that, it would appear
that we could proceed with a pross release in the next few days. This could come from your office
or Mike Johnson could handle when he returns Wednesday. Your call. One way or the other, Tara
should be in charge of agreeing to the press release language.
Thanks
On Mon, Apr 8, 2013 at 10:00 AM, Olson, Jeffrey <jeffrey ___olson@nps.gov> wrote:
What's happening?
Sue suggested a news release about the opening of the boathouse.
Jeff
Jeffrey G. Olson
ornco of Communications
National Pmk Service
1849 C Street NW
Office direct: 202-208-4988
Cell/Blackberry: 202 .. 230-2088
www.nps.gov
t tps : I/ mal I. googlo. com/ m f.111/b/ 1 52/u/O/ ?ul=2&1K t1if ~ 3 1 /6 6661\.&v iaw=pt&c i::it "'Jack's Boat hOLI:> o&se.::;m;: h;;;, ..
111
12aJ140EPARTMENT OF THE M.;ill - Re: Key
LeBel, Steve <stel.ll_lebel@nps.gov> Mon, Apr 8, 2013 at 10:24 AM
To: "Olson, Jeffrey" <jeffrey_olson@nps.gov>
Cc: Tara Morrison <tara_morrison@nps.gov>, Ste'A'l Whitesell <ste\l'l_whltesell@nps.gov>
The concessioner is on site and plans to meet on-site with the Superintendent and park staff throughout the day.
He states it's quiet on-site at this time. Tara may be better able to lead a news release later in the day.
On Mon, Apr 8, 2013 at 10:00 AM, Olson, Jeffrey <jeffrey_ .. olson@nps.gov> wrote:
What's happening?
Sue suggested a news release about the opening of the boathouse.
Jeff
Jeffrey G. Olson
Office of Communications
National Park Sor.ice
1849 c Street NW
W1ishington, DC 20240
Office direct: 202-208-49SS
Cell/Blackberry: 202-230-2088
www.nps.gov
Ste'A'l LeBel
OepL1ty Associate Regional Director, Operations and Education
Program Manager. Office of Business Ser.ices
Phone: (202) 619-7072
Fax: (202) 619-'115'7
The information contained in this message may be protected by attomey-client or other pri>,ileg0. It is intended
for the use of the indi>,iduals to whom it is sent. Any pri>,ilege is not wai'A'ld by >,irtue of this ha>,ing been sent by
email. If the person actL1ally recei>,ing this message or any other reader of this message is not a named
message in error, plet1se contact the sender.
l Ip$:// m <.111. le, cam/mail/ bl 152/ &lk ;;;f "f68664&v r.iJ i;ick' a Boathoui;o&:> O<irc ll lll, , , 111
tmM6NT OF THE ll'-ITERIOR M<.111. Fwd: FW: LETTER TO WYNNE l<t!LLY

-
Fwd: FW: LETTER TO WYNNE KELLY
Lackey, Melissa <melissa.lackey@sol.doi.golP Mon, Apr 8, 2013 at 9:57 AM
To: Stew Whitesell <stew_ ..whitesell@nps.golP, Lisa Mendelson <lisa_mendelson-ielmlnl@nps.golP, Tar<> Morrison
<tara_morrison@nps.golP, Stew LeBel <ste'-<l_lebel@nps.golP, Barry Roth <barry.roth@sol.doi.golP
FYI
Melissa Lackey
Attorney Ad\isor
Mail Stop 5311
Phone: 202 513-0733 Fax: 202 208-3877
addressed, It may contain Information that is pri\ileged, confidential or otherwise protected by applicable law. If
is strictly prohibited. If you recel1ed this e-mail in error, please notify the sender immediately and destroy all
copies.
--- Forwarded message -------
From: Kelly, Wynne (USADC) <Wynne.Kelly@usdoj.(JOIP
Date: Fri, Apr 5, 2013 at 6:02 PM
Subject: FW: LElTER TO WYNNE KELLY
To: "Lackey, Melissa (rnolissa.lackey@sol.doi.r1ov)" <tmllissa.l<1ckey@sol.ci0i.go1P
For your records
from; Kelly, Wynne (USADC)
Sent; Friday, April 05, 2013 6:02 PM
To; 'David Haas'
Cc; Charles H Camp
Subject: RE: LETTER TO WYNNE KELLY
11i;
OF THE INTERIOR M<lll" ['.tw(t: r:w: tl;:;TTt::R TO WYNNE KELLY
De<Jr Cha1fos & Do<,id,
Thanks ror your message mid your lott0r.
After conferrin[J with DOI, it is my understanding that B&G (now narnocl Boston Outdoor Recreation, Inc.) believes
that tho no9otiations between your client and Boston Outdoor Recreation, Inc., will be concluded by Sunday,
April 7, 2013. Thus, wo mquost by 5:00 p,m. EDT on April f\, 2013, you pro<,ido us a statem(rnt in writin9
from your client that uither: (i) it nas reached agroornent in principle to sell its porsonal property and will tmnsfor
title to the identified porsorml property to Boston Outdoor Rec>reation, Inc. by no lator t11an April 14, 20"1'.J; or (ii) it
will rnake arrangements to remove any unsold personal property on or bE>foro t11at date (April '14, 2013). Thr!
NPS' main concern here is with potential lialJility <1ssociated with any clarnage to the property and therefore d0<1S
not want to 1'1ave the resolution Of the sale or rernoV<1l of tho property open-ended.
Additionally, and as aclrnowlodgod in your lett(Jr, nHither your client's personnel nor its property may in any way
intorrero with 13oston Outdoor Recreation, lnc.'s oporatiomi, whose concession contract hegins on April 8, 20'1:J.
Wynne
Wynne P. Kelly
Assistant United St:itcs Attorney
U.S. Attorney's Oflicc 1(1r tho District of Columbia
555 4th Stn:el N. W.
(202) 307-2332
wynne. kdly(ii\ usdoj .gov
David Haas [mailto:dhsas@clii"pllc.corn]
Sent: Friday, April 05, 2013 4:45 PM
To: Kelly, Wynne (USAOC)
CC: Charles H Camp
Subject: RE: LITTER TO WYNNE KELLY
Wynne
Thanks again for all of your help.
t tpa : I com/mall/ bl 15'2.I u/O/? ul =2&1k =f 534 i'61l004& v lowoipt ;;;Jack ':s Boathousc&s h:;. , . 2.15
OF THE INTERIOH Mall - Fwd: FW: LETTER TO WYNN fl Kt:;t.l.Y
Da-Ad
DeJvicl C. Haas, Esq.
/\.ssociates, PL.LC.
1717 F<hodo lslm1d Av(onue; NW, Suite 900 I WashingtOr1, DC 20036 I Office 202.403.0000 x 101 I Mobile 202.2'//.4446 I
l'ax 202.4'10 /;!;05
From: Kelly, Wynne (USADC) [mailto:wynne.Kelly@usdoj.gov]
Sent: Friday, April OS, 2013 3:42 PM
To: Charles H Camp
Cc: David Haas
Subject: RE: LETTER TO WYNNE KELLY
Dear Charles & Os-Ad,
l\'3 received the letter and haw passed it along to my clients for their re-Aew and am hoping to get some
clarifications/responses from them as soon as possible.
Wynne
Wynne P. Kdly
Assistant United States Altorncy
U.S. Atlon1ey's Office for the District. of Columbia
555 4th Street N.W.
wynnc.kclly(ii!usdoj.gov
: //mall. google. com/ ni <iii/bl 15'2./ u/O/?u!;:;:2&1k =f 534 7138884&v &c (:ll r.iJ ac k's Boathou$ o&s , . 3/5
OF THE INTERIOR Mall" Fwd: FW: LETIER TO WYNNE KELLY
From: Charles H Camp [mailto:ccamp@charlescamplaw.com]
To: Kelly, Wynne (USADC)
Cc: David Haas
Subject; FW: LETTER TO WYNNE KELLY
Dear Wynne,
AW1chcd is a letter for the record so 's no misundr.:rstanding n:garding ow cliunt's r.:filirts and lkcisions
pertaining to Jack's Boathouse mid his personal property. l underntnnd from David you're attempting to get
us an extension on the April 7 date and thank you for that.
Your acknowledgement of receipt of the attached letter, also being mailed to you today, would be much
ilpprcciatccl.
Best regards,
Charles
. . ..... LAW OFFICES.OF/i . ..... .
CHARLES
Chades H. Camp
Law Offices of Chades H. Camp, P.C.
Suite 11.5G
Tel 202.457.7786
Fax 202.457.7788
t tps : I Im all, go ogle. com I mall/bf 152/ u/O/?ul r.1f 761;1664& v iow=p!&c al =Jae K' lJ housE1&s ...
415
~ T OF n-lE; INTER JOI{ M<1ll" fW{l: FW: LE;TIER TO WYNNE KE;LLY
Cell 301.461.0283
www .charlescam plaw .com
From: Law Offices of c H Camp [111ailto:crnmp@cl1arlescamplaw.com]
e n t ~ Friday, April 05, 2013 4: 16 PM
To: CHARLES CAMP
Subject: LETTER TO WYNNE KELLY
It ps: //mall. googlo. com/m <1111 bl 1 S2/t,J/0/?u i=2&1k =f 534 76!)664 & v lew=pt&cal =J 1.1c k s OCJal ho us e&s earc f\=. , . G/5
Re: Key Bridge Boathouse - Current Removal
Harvey, Deborah <deborah_harwy@nps.gov> Mon, Apr 8, 2013 at 8:40 AM
To: "LeBel, Ste"'" <steveJebel@nps.gov>
Cc: Robert Eaton <robert.eaton@sol.doi.goV>, Tara Morrison <Tara'"'.Morrison@nps,gov>, Walter McDowney
<Walter_McDowney@nps.gov>, Melissa Lackey <Melissa.Lackey@sol.doi.gov>, Steve Whitesell
<Steve_Whitesell@nps.goV>, Philip Selleck <PhiliP .. Selleck@nps.gov>, Lisa Mendelson <lisa_mondelson-
ielminl@nps.goV>, Debra Hecox <debra_hecox@nps.gow-
Ste>M,
Under a concession contract these items would be considered real property, however I don't know the terms of
the lease in regards to these items.
Thanks!
Deb Harvey
Chief (Acting)
Commercial Services Program
202,513. 7150
On Mon, Apr 1, 2013 at 10:28 AM, LeBel, Steve <steve_lebel@nps.goV> wrote:
Rob -
. Mike, the new temporary concessioner, has been in discussion with Paul Simkin ref. his personal property,
with a particular interest in the wooden dock. Mike understands from his conwrsation that Simkin plans to
remove e"3rything on site, including the deck and the stairs to the dock, which are affixed to the property. This
leads both Mike and I to belie"' Simkin does not understand what constitutes personal property and
what constitutes real property, which we believe belong to the go..,,rnment. It is our position the deck and
stairs are the property of the goWlrnment, and ha\13 attached several photos of tho dock and deck to this email.
lw copied Deb Harwy to confirm these assets are real property.
lfwe are correct, could we ask the AUSA to contact Simkin (through Camp) to clarify this?
Thanks I
Forwarded message ----
From: Michael Aghajanian <michael.aghajanian@boatinginboslon.com>
Date: Mon, Apr 1, 2013 at 8: 19 AM
Subject: Key Bridge Boathouse - Current Removal
To: Ste\{) LeBel <steve_lebel@nps.9ov>, "McDowney, Walter" <walter_nicdowney@nps.gow-
Ste\13/Mac,
I ha\13 been going back and forth with Paul this weekend we are not close yet to a deal but it's cordial and
productive.
There has been a list of assets created, howel,{)r some of them are improvements or fixtures to the property
tips:// rn ail, goog!e. com/ m Eli I/bl 152/ m;!/Jilk ;:;f 531\. 768664& v li:JW=pt&c m JC k' !ii Boathouso&s , ,
'"
IIWFlTHE lNl6F:10R Mall - Re: Key Brldgo l3oathol1se Ct)ffent Ri;:imoval
such as the Deck, Stairs, Garden etc. As I understand it those would now be tho proporty of the NPS. Has
anyone made this clear to Paul on what is to be removed and what stays? Also will anyone be monitoring this?
Hope you gentlemen had a good weekend. Stew if you could give me a call when you get in that would bo
great.
http ://www. 80<1 ting In Boston .coin
T: (617)299-3392x10
E: m.a9haj8nian@boatinginboston.corn
i f3oating In Boston FacHbook i
Stel.I'> L0Bol
i Boating In Boston 'Twitter
Program Mana1Jor, Office of Business Ser.ices
NatlonHI Capital Region, National Park Ser.ice
Phone: (202) 619-'/072
Fax: (202) 619"7157
Tho inforrnation contained in this rnessage may be protectod by attorney-client or other pri\>ilege. It is intendoc\
for the use of the indi\>idua\s to whom it is sent. Any pri\.1\ege is not wai"'3d by \.1rtue of this ha.ing been sent
by e-rnail. If tho po rs on actually recei\>ing this mos sago or any other roador of this rnessage is not a narned
recipient, any use, dissernination, distribution, or copying of this cornrnL1nication is prohibited. If you recei""'
this rnessage in error, please contact the sender.
l tp:s: I Im ail. googlo. corn Im all/ b/ 1 62/ =f 534 7686G4& v ot ;riJ ack ':s Boal ho us l.:l&:>o<.1rchy..i, , , 212
128114 OF THE INTERIOR M<lll" H('l: f./ioriday Arrival
Re: Monday Arrival
Tara Morrison <tara_morrlson@nps.gov> Sun, Apr 7, 2013 at 7:20 AM
To: Ste"l LeBel <ste"l_lebel@nps.gov>
Cc: Ste"l Whitesell <ste"l_whitesell@nps.gov>, Lisa Mendelson <llsa_mendelson-ielmini@nps.gov>, Philip Selleck
<phlllp_selleck@nps.gov>, Cynthia Cox <Cindy_Cox@g"nps.doi.gov>
Hi Ste"l,
Wanted you to know I saw this. I will find out Mac's status, coordinate on our end and respond to Michael later
today.
Tara
Sent from my iPhone
On Apr 6, 2013, at 8:01 PM, Ste-.eLeBel<ste"l_lebel@nps.gov> wrote:
I defer to the park to respond. It seems a good opportunity to coordinate safety, fire, and facility
management visits. You might recall we need to shorten the deck to permit access to the I
holding. I heard Mac might be in training, Let me know if you ha"l any questions.
On Apr 6, 2013, at 6:48 PM, Michael Aghajanian <m.aghajanian@boatinginboston.com> wrote:
Ste'.l'l,
I will be running errands and back and forth. Howe;er I will be onsite with a presence
most of the day. Is there a certain time anyone wants to meet?
I will not be touching/using the equipment as the signing for it will be Tuesday
morning.
On Sat, Apr 6, 2013 at 4:33 PM, Stew LeBel <ste,.;l__Jobol@nps.gov> wrote:
Glad to hear that. I'll let the NPS know you'll be on-site.
On Apr 6, 2013, at 1 :54 PM, Michael Aghajanlan <michael.<>ghajanian@
boatinoinboston.com> wrote:
Stew,
After thought I think it is best I will be onsite Monday. My wife is
going to come on down as well. I can do an in'.(lntory and hopefully
sign in the afternoon.
It r::.: // m till, googla, com! mai lfbf 1 52/ u/O/? u( &lk 531\ 76B664& v lew=pt&cm !<' s Boat house&so<'lrC ...
112
1,ia/14 DEPARlMtiNT OF THE INTERIOR M<l!l Ro: "'11<lnday Arrival
Talk tomorrow!
http://www.B0<1tinglnBoston.com
T: (617)299,3392x10
E: m.aghajanian@
boatinginbos ton. corn
A fJ&O OUTDOOll. fl[CREi'lllON COMPi\flY
S1
.. Boatin9 In Boston Facebook Boating In Boston Twitter
h Up ://www. Boating In Boston. corn
T: (617)299-3392x10
E: rn .aghajanian@bo'1tinginbos ton. corn
A O&O Ol,ITDODR RE!:illAYION COMPANY
S1
.. Boating In Boston Facebook Boating In Boston Twitter
\ t ps : 11 m nll. google. com! m bl 1 52/ u/O/?ul;::2&ik =f 534 761J664&v lewi;ipt S.cat-:;:J ac k s Bo cit houso&s er.1rch= ..
212
OF THE Mai! - Re: Key Orldgc

'
Re: Key Bridge Boating/Jacks
Steve LeBel <ste-.e_lebel@nps.goV>
To: Michael Aghajanian <mlchael.aghajanian@boatinginboston.com>
Bee: Ste-.e_Whitesell@nps.gov
Thanks Mike, sorry to hal.O missed your call and such good news. We're
Fri, Apr 5, 2013 at 7:43 PM
glad to hear come to agreement and look forward to hearing that you'wi finalized the sale Monday or
Tuesday. Please keep us apprised as ewnts e1.0l-.e. HalXl a great weekend!
On Apr 5, 2013, at 7:04 PM, Michael Aghajanian <michael.a(Jhajanian@boatinginboslon.com> wrote:
Ste\O,
Paul Simkin's Legal Counsel and I ( Da\1d ) ha-.e -.erbally agreed to an asset purchase price and are
planning on signing the paperwork Monday or Tuesday.
Please giwi us time to get things signed. Thanks!
T: (617)2993392x10
E: m.aghajanian@boalinginboston.com
ll Boating In Boston FC1cebook Boating In Boston Twitter
l tps: // ma!I. googltl, com/mall/ Pl 1 S2/ =f 534 '/6 0661\.& v leYFpt&cat =J ciC k's Boal hauss&s o<.1rc h=, , ,
II. B&O ournooll RE.CREATION COMPANY
111
10lli'frAFfl'M6NT 01- THE INTERIOR Mall" R,i;1: Jack's Bouthou:;o "'2 l$!Hle!'I

'

'
Re: Jack's Boathouse -- 2 Issues
Tara Morrison <tara_morrison@nps.goV> Fri, Apr 5, 2013 at 6:53 PM
To: Ste'A'l LoBel <stew_lsbsl@nps.goV>
Cc: Ste"' Whitesell <Sto'A'>_,Whitesell@nps.gov>, Lisa Mendelson-lolmini <Lisa_Mendelson-lelmini@nps.gov>, Philip
Selleck <Philip_Sell0ck@nps.goV>
Thanks Stew.
Sent from my iPhone
On Apr 5, 2013, at 6:29 PM, Stew LeBel <ste...,_lebel@nps.gov> wrote:
From: Ste"' LeBel <st0;1J,..Jebel@nps.goV>
Date: April 5, 2013, 6:28:11 PM EDT
To: "Lackey, Melissa" <melissa.lackey@sol.doi.gov>
Cc: Barry Roth <barry.rolh@sol.doi.goV>
Subject: Re: Jack's Boathouse - 2 Issues
I just got off a telscon with Boston Outdoor. Mike tells ms he's confident he will
close with Simkin within the hour and expects to paper their deal no later than
Monday.
On Apr 5, 2013, at 5:55 PM, "Lackey, Melissa" <melissa.lackey@sol.doi.goV> wrote:
I talked to Wynne, who will add my two changes and send this out
tonight. Ste"': I tried calling you around 5:50 but got no answer, so
OK'd this for release. I'll circulate the final "3rslon on Monday.
Melissa Lackey
Attorney Ad\Asor
Mall Stop 5311
Phone: 202 513-0733 Fax: 202 208-3877
t I ps: //mail. googlo. com/ m r,1111b/1 !)2/ u/O/?ul=2&1k i 534 76B664&v low= pt &cat i;:oJ ac k's Boathouse&fi aarch= ...
1/10
l!alli'JlARTMENl THE lNTERIOR - Ro: J<1Cl<'s 80<.llhouse -- 2 IS!:l\Jes
This e-mail (Including any and all attachments) is intended for tho use
of the indilidual or entity to which It is addressed. It may contain
information that is pril.ileged, confidential or othorwiso protected by
applicable law. If you are not the intended recipient or the employoo or
agent rosponsible for deli"'ry of this e-mail to the intended recipient,
you are hereby notified that any dissemination, distribution, copying or
use of this e-mail or its contents is strictly prohibited. If you recei\13d
this e-mail in error, please notify the sender immediately and destroy all
copies.
--Forwarded message ----
From: Lackey, Melissa <meliss<i.lackey@8ol.doi.gov:>
Subject Re: FW: Jack's Boathouse -- 2 Issues
To: "Kolly, Wynne (USADC)" <Wynno.Kelly@usdoj.gov:>
My only suggested rel.isions:
1. Clarify: B&G has formally changed its corporate name to Boston
Outdoor Recreation, Inc.
2. You might soften the tone by adding as the third sentence: The
NPS is concerned about potential liability associated with damage to
the property, so does not want to lea\13 the resolution of sale or removal
of the property open-ended.
Melissa Lackey
Attorney Ad\Asor
Mail Stop 5311
Phone: 202 513-0733 Fax: 202 208-3877
This e-mail (including any and all attachments) is intended for the use
of the indll.1dual or entity to which it Is addressed. It may contain
information that is pril.ileged, confidential or otherwise protected by
applicable law. If you are not the intended recipient or the employee or
agent responsible for deli"'ry of this e-mail to the intended recipient,
use of this e-mall or its contents is strictly prohibited. If you recei-.ed
this e-mail in error, please notify the sender immediately and destroy all
copies.
On Fri, Apr 5, 2013 at 5:43 PM, Kelly, Wynne (USADC)
l l ps ; I I mall. google. corn/ m <ill/ b/ 152/u/O/? :;;f 534 768664& \/ low=pt&c.m uc Boal hou:> a&.>:> oarc hz.i, , , 2/10
OP THE INTERIOR Mull - J<1ck'$ 8oathouse -- 2 lssuo:;
<Wynne. Kelly@usdoj.gow- wroto:
Draft langu<1ge to Camp & Hrn;is:
Dear Chari()\ & David,
Thanks for your message and letter. After conferring with
DOI, it is rny understanding that B&G believes that the
negotiations between your client and B&G will be concluded by
Sunday, April 7, 2013. Thus, we request that by 5:00 p.m. EDT on
April 8, 2013, you provide us a statement in writing from your
client that either (i) it has re<Jched agreement in principle to sell
its personal property and will transfer title to the identified
personal property to Boston Outdoor Recreation, Inc. by no lakr
than Apri I 14, or (ii) it wi 11 make arrangements to re move any
unsold personalty on or before th>lt date. Of course, as
acknowledged in your letter, neither your client's personnel nor
its property may in any way interfere with B&G's operations,
whose concession contract begins on April 8, 2013.
Wynne
From: Lackey, Melissa [rnallto:mclissa.lackey@sol.clol.gov]
Cc: Steve LeBel; Barry Roth
Subject: Re: Jack's Boathouse 2 Issues
Wynne:
Ste'rcl LeBel and I tried to call you.
NPS will acknowledge that the Plaintiff will not be deemed to ha""1
abandoned its personal property if the property remains on site after
April 7. Howe\er, the NPS is not willing to lea""1 the resolution of sale
or remo'rcll of the property open.ended. What if there is casualty
damage to the property in the meantime? Ste"" has been ad\'ised by
the incoming concessioner that it wants to resol""1 the negotiations
by Sunday. It has made an offer to Jack's and is awaiting a response
now. Accordingly, by COB on April 8, NPS requests a statement in
writing from Plaintiff that elth0r (i) it has reached agreement in
ttps; I Im al I. google. com I rn <.lllfb/ 1 52/ u/O/?u l;;:.2&1k =f 534 768664&v IUW<'Jpl&Cllt ;;oJ s omchm, , , 3/10
128/14
principle to sell its personal property and will transfer title to the
identified personal property to Boston Outdoor Recreation, Inc. by
April 14, or (ii) it will make arrangements to remo..,;i any unsold
personalty on or before that date.
Malissa Lackey
Attorney Ad\isor
Mail Stop 5311
Phono: 202 513"0733 Fax: 202. 208"3877
This e-mail (including any and all attachmonts) is intended for the
use of the lndl\.idual or entity to which it is addressed. It may contain
information that is pri\.ileged, confidential or otherwise protected by
applicable law. If you are not the intended recipient or the employee
or agent res pons Ible for deli\ery of this e-mail to the intended
recipient, you are hereby notified that any dissemination, distribution,
copying or use of this e-mail or its contents Is strictly prohibited. If
you recei..,;id this e-mail in error, please notify the sender
immediately and destroy all copies.
<Wynne.l(elly@usdoj.goV> wrote:
Dc<ir all,
I just received the attached lotter from .lack's which may inform
any discussions currently taking place 01mong DOl/NPS (but I
have not reviewed cmefully y<t).
Wynne
Wynne P. Kelly
' Assistant United States Attorney
U.S. Attorney's Office for the District of Columbia
ttps://mf.111.google.cam/mcJll/b/ 534 768664&\/ low=pl &c.Ot'-'Jack's Boathouso&soarch;.;,,.
IOetf?ARTMENT OF THE Ms!I. Re; Jack':; Bo<.1thou:;o "" 2
555 4th Street N.W.
W<1sl1ington, D.C. 20530
(202) 307-2332
wynne. kelly@usdoj. oov
From: Lackey, Melissa [mailto: melissa.lackey@sol.cloi.gov]
Cc: Steve Whitesell; Lisa Mendelson; Tara Morrison; Steve LeBel;
Barry Roth
Subject: Re: Jack's Boathouse -- 2 Issues
Wynne:
The text you quoted omits the two introductory sentences of the text
we suggested. The following language Is from the attachment to the
last email I sent you on April 2 (as updated by Barry's subsequent
instruction to reduce the additional reasonable period of time to 5-7
days):
l'v1J t1:1lked w Ith DOl's counsel and they are lt:1ntativcly to facilitating o
tnooting (crrlJhasls w i\11 your clicr\t l:H1d tho inconing concession0r to
what propi;:ir\y tho latter woul<.l want to koop on ttie of
1.'ilnt1 to bl)Oin boat operotions and what payrr'llnt tor tha\ property
be !n th('.lt rcH.:ird, it would bi;'! hclpft,11 to l1;:1ve ;;i list of tho
personal property your client w oulcl like l() :':\E.!ll or, !f not sotcl. ren'K:lvC, ShOlJld rho so
nogotiations suppliodl not finished by April 7tl1, or should the
nc9otiations fail, Nf{) would bow to permit i:in tlddl(lonal reasonable of
titre (5 .. 7 clays) ror your nlinnt to for the rerr"K>val of its person::.11 prop(:)((y
frorn the property (tit your nli0nt's expense). In any NPS bound by its
at 36 Cf;H 2.2 in de;;llln9 with property deerned
Accordingly, read in contoxt, the negotiations referred to were the
non-existent three-party negotiations. Accordingly, since the
negotiations ne1,1Jr occurred, NPS should not be bound by the
succeeding sentences.,
ttps: // m 1;111. go ogle. bl 1!j'J./v/O/?u1=2&1k =f 534 7G(l6G4&v lew;:;p1 &c:;it =Jack's Bo<.11 t1ous a&s aarch= ..
5/1()
(b) (5)
(b) (5)
(b) (5)
(b) (5)
IOfilF?ARTMEN'r C1F THE INTERIOR Mall Ji:tck's Boathouse -- 2 ls::>LIO:l
incoming concessioner and the NPS about any "extensions" of
deadlines. Accordingly, it remains the NPS' position that Jack's right
of occupancy terminates at midnight on April 7. I am told that the
Temporaiy Contract has already been signed with an eflecti"" date of
April 8. Accordingly, there is no agreement that Jack's will ha"" an
: extra 5-7 days to remo"" its personalty. If the incoming concessioner
does not want to continue discussions about purchasing the
property, Jack's needs to remo"" It ASAP. As a practical matter, the
NPS would likely need se\13ral days to arrange to lmpOL1nd it anyway.
2. The NPS has not asserted any claim to ownership of the name
"Jack's Boathouse". In fact, the NPS prefers that the concession be
operated under the name Key Bridge Boathouso, Which name it has
assigned to the now contract. Thus, is no need for tho
incoming concessioner to purchase any goodwill associated with the
former name.
Melissa Lackoy
: Attorney Advisor
Mail Stop 5311
Phone: 202 513-0733 Fax: 202 208-3877
This e-mail (including any and all attachments) is intended for the
use of the indi-.idual or entity to which it is addressed. It may contain
information that Is pri-.ileged, confidential or otherwise protected by
applicable law. If you are not the Intended recipient or the employee
or agent responsible for dell'-"1)1 of this e-mail to the intended
recipient, you are hereby notified that any dissemination, distribution,
copying or use of this e-mail or its contents is strictly prohibited. If
you recei""d this e-mail in error, please notify tho sender
, ----Forwarded message---------
From: Kelly, Wynne (USADC) <Wynno.Kolly@usdoj.goV>
Date; Fri, Apr 5, 2013 at 12:38 PM
Subject: Jack's Boathouse -- :2 Issues
To: "Lackey, Melissa (melissa.1,1ckcy@sol.doi.gov)"
<molissa.lackey@sol.doi.goV>, "Robert Eaton
(robert.eaton@sol.cloi.gov)" <robert.eaton@sol.cloi.goV>, "Bariy Roth
(bariy. roth@sol.rJoi.gov)" < bariy. roth@sol. doi, goV>
ATTORNEY-CLIENT PRIVILEGED/ ATTORNEY WORK PRODUCT
t lp5 :/I mal I. com Im all/ bl 1521 u!OI ?ui=2&!k. '::1.f 768664 S.v lew=pl&cal =Jae K :> h= . .. 0110
(b) (5)
(
b
)
(
6)
(b) (5)
(b) (5)
ii ps: //mall. tioogle. com Im al I/bl
;:;f 534 768664&.v &ca.I ;::rJ !lC k .s Bo<.i t house&searc h = ... 10110
OF THE INTERIOR Mall - Fwd: Jack's Bollthou!;le -- 2 1!3!3\1\'!!3

Fwd: Jack's Boathouse 2 Issues
Steve LeBel <ste"3_1ebel@nps.goV> Fri, Apr 5, 2013 at 6:29 PM
To: St0"3 Whitesell <Sto"3 __ Whitosell@nps.goV>, Lisa Mendelson-lelmini <Lisa_Mondelson-lelmini@nps.goV>, Philip
Selleck <Philip_Selleck@nps.goV>, Tara Morrison <Tara_Morrison@nps.goV>
Begin foiwarded message:
From: Ste"3 LeBel <ste'-"'_lebel@nps.goV>
To: "Lackoy, Mollssa
11

Cc: Barry Roth <b<lrty.roth@sol.doi.goV>
Subject: Re: Jack's Boathouse - 2 Issues
I just got off a telecon with Boston Outdoor. Mike tells me he's confident he will close with Simkin
within the hour and 0xp0cts to paper their deal no later than Monday.
On Apr 5, 2013, at 5:55 PM, "Lackey, Melissa" <meiissa.lackey@sol.doi.goV> wrote:
I talked to Wynne, who will add my two changes and send this out tonight. Ste"3: I
tried calling you around 5:50 but got no answer, so OK'd this for release. I'll circulate
the final '-"'rsion on Monday.
Melissa Lackey
Attorney Advisor
U. S. Dopmtmont of the Interior, Office of tho Solicitor
Mail Stop 5311
Phone: 202 5130733 Fax: 202 208-3877
This e-mail (including any and all attachments) is intended for the use of the individual
or entity to which it is addressed. It may contain Information that Is prllAleged,
confidential or otheiwise protected by applicable law. If you are not the intended
recipient or the employee or agent responsible for deliwry of this Gmall to the
intended recipient, you are hereby notified that any dissemination, distribution,
copying or use of this e-mail or its contents is strictly prohibited. If you recei"3d this
e-mail in error, please notify the sender immediately and destroy all copies.
tt ps : //mall. goQg le, com/mail/ Pl 1 ;::f 1)34 76S664 ll v =J aok ':!? Bo:;ithouse&::; ourn h = ...
""
OF THE INTERIOR M<ill Jack's -- 2 lSSUOS
Forwarded message -------
From: Lackey, Melissa <melissa.lackoy@sol.doi.gov.>
Subject: Ro: FW: Jack's Boathouse -- 2 Issues
To: "Kelly, Wynne (USADC)" <Wyrmo.Kelly@uscloj.JOv.>
My only suggested re-Asians:
1. Clarify: B&G has formally changed its corporate name to Boston Outdoor
Recreation, Inc.
2. You might soften the tone by adding as the third sentence: The NPS Is concerned
about potential liability associated with dam ago to the property, so does not want
to lea"' the resolution of sale or remoVcll of the property opon-onded.
Melissa Lackey
Attorney Ad'-isor
1849 C Stroot NW, Room 5323
Mail Stop 5311
Phone: 202 513-0733 Fax: 202 208-3877
This e-mail (including any and all attachments) is intended for the use of the individual
or entity to which it is addressed. It may contain information that is prl>Aleged,
confidential or otherwise protected by applicable law. If you are not the intended
recipient or tho 0mployee or agent responsible for dell\ery of this e-mail to the
intended recipient, you are hereby notified that any dissemination, distribution,
copying or use of this e-mail or its contents is strictly prohibited. If you recei\ed this
e-mail in error, please notify the sender immediately and destroy all copies.
On Fri, Apr 5, 2013 at 5:43 PM, Kelly, Wynno {USAOC) <Wynno.Kelly@usdoj.gov.>
wrote:
Draft language to Camp & Haas:
Dear Charles & David,
Thanks for your message and letter. After conferring with DOI, it is my
understanding that B&G believes th<1t the negotiations between your client
and B&G will be concluded by Sunday, April 7, 2013. Thus, we request that by
5:00 p.m. EDT on April 8, 2.013, you provide us a statement in writing frorn
ttps : I Im all. goo9le, Goml m all/b/ 15'2./ u/OI? u lrn?, IJ,lk =f 534 76B664&v low1.1pt &cat ;;;J :;u:; k's ho us e&s earch= ... 219
OF TIlE INTF..HIQR Mail - Fwd: Jttck':> .. 2 Issues
, yo\lr client that either (i) it has re>Khcd agreenwnt in principle to sell its
personal property and will tr<insf0r title to the identified person<il property to
Boston Outdoor Recre;ition, Inc. by no lat()r th<rn April 1.4, or (ii) it will rnake
<1rrange111ents to remove any unsold personalty on or before th<it date. Of
course, as acknowledged in your letter, neither your client's personnel nor its
property rnay in :;my w<iy interfere with B&G's operations, who>e concession
contract begins on April 8, 20:1.3.
Wynne
From: Lackey, Melissa [mallto:melissc.lackey@sol.cloi.9ov]
Sent: Friday, April OS, 2013 4;45 PM
Cc: Steve LeBel; Barry Roth
Subject: Re: Jack's Boathouse -" 2 Issues
Wynne:
Steva LeBel and I tried to call you.
NPS will acknowledge that the Plalntiffwill not be deemed to ha;e abandoned Its
personal property if the property remains on site alter April 7. Howe'-'lr, the NPS is
not willing to lea"" the resolution of sale or remoV<il of the property open-ended.
What if there is casualty damage to the property in the meantime? Ste;e has been
, ad;ised by the Incoming concessioner that it wants to resol;e the negotiations by
Sunday. It has made an offer to Jack's and is awaiting a response now.
Accordingly. by COB on April 8, NPS requests a statement in writing from Plaintiff
that either (i) it has mached agreement in principle to sell its personal property and
will transfer title to the identified personal property to Boston Outdoor Recreation.
Inc. by April 14, or (ii) it wlll make arrangements to re1110"" any unsold personalty
on or before that date.
Malissa Lackey
Attorney Ad'-isor
U. S. Department of the Interior. Office of the Solicitor
1849 C Street NW. Room 5323
Mall Stop 5311
Phone: 202 513-0733 Fax: 202 208-3877
This e-mail (including any and all attachments) is intended tor the use of the
' indi'-idual or entity to which it is addressed. It may contain information that is
319
OF THE IN'rf.!RlOR. Mal! - Fwd: Juck'::; Boc\U'\ouso"" 2 lss\1(-Js
pri<ileged, confidential or otherwise protected by applicable law, If you are not the
intended recipient or the employee or agent responsible for deli<llry of this e-mail to
the intm1d0d recipient, you are hereby notified that any dissemination, distribution,
copying or use of this e"mail or Its contents is strictly prohibited. If you recel"3d
this e-mail in error, please notify the sender immediately and destroy all copies.
<Wynne.Kelly@usdoj.()Ov> wrote:
I just received the attached letter from J<1ck's which may inform any
discussions currently taking pl<ice <imong DOl/NPS (but I h<1ve not reviewed
yet).
Wynne
Wynne P. Kelly
555 4th Stroot N.W.
(202) 307-2332
wynne. kelly@usdoj .\JOV
From: Lackey, Melissa [mailto:melissa.lackey@sol.doi.gov)
Cc: Steve Whitesell; Lisa Mendelson; Tara Morrison; Steve Le8el; Barry Roth
Wynne:
ups: I Imai!. google. com/moil!/ b/ 1 u/O/ ?\1i;::2&ik =f 534 761J13tl4& v &cat=J ack' s Boat twus c&seiJm h;:; ... 4/H
The text you quoted omits the two Introductory sentences of the text we
suggostod. The following language is from the attachment to the last email I sent
you on April 2 (as updated by Barry's subsequent Instruction to reduce the
additional reasonable period of time to 5" 7 days):
l'vo ta!kod with OOl's counsel and thmy tcntativHly HtnrHJablo to f.;11;.ilitating a
tnootlng (crnph.:isis supplied] w Ith your c!iont ;;ind tl1e lr'\c,)n'lir1n ooncoss ion er to w
personal proporty Ilic latter would want to koop on the or !ancl to bogin bor:i!
::1n<i what p<.1y1rent for that property w be appropri(Ht':), In r()qarc!. it would
tielpful to hHVl:) a list of tho persor1al prnpony yo\Jr client would like to sell or, if not sok.1. r<:HfK)VO.
Should tht:)SO nogotiations [ernptiasis suppliod] not bo finished by Apr!l 71!1, or $hould tt1e
negotiations fail, NPS w be willing to perrnt an l)Clditional reasontible p0riocJ of tim;} I d.::1ys)
for clier1t to arrange f()r tt10 rcM11'.Jval of its property frorn the real prop0rty (at your
client's expense). In ciny ovont, NPS is bound by its regulations at 36 CFH. 2.2 !n w i\11
property tib.:1ndon0d.
Accordingly, read in context, the negotiations referred to were the non-existent
three-party negotiations. Accordingly, since the negotiations ne-,{lr occurred, NPS
should not bo bound by the succeeding sentences ..
With respect to the use of the name "Jack's Boathouse", the contract does not
expressly prohibit the concessioner operating under a tradename. Howewr, as
indicated, the NPS prefers that the operation be referred to as Key Bridge
Boathouse. Negotiating the transfer or license of intellectual property could delay
the transition further.
Melissa Lackey
Attorney Advisor
Mail Stop 5311
Phone: 202 513-0733 Fax: 202 208-3877
This e-mail (including <my and all attachments) is intended for the use of the
indilidual or entity to which it is addressed. It may contain information that is
prilileged, confidential or otherwise protected by appllcablo law. If you are not the
(b) (5)
(b) (5)
(b) (5)
(b) (5)
(b) (5)
from: Lackey, Melissa [mailto:melissa.lcJCkey@sol.cloi.gov]
To: Steve Whitesell; Lisa Mendelson; Tara Morrison; Steve LeBel; Barry Roth;
Kelly, Wynne (USADC)
Subject: Fwd: Jack's Boathouse -- 2 Issues
Wynne:
By copy of this email I am asking the Region and Park for reaction to the two
proposals this afternoon. In the meantime, I spoke with Ste'Al LeBel .. as follows:
1. No three-way teleconference e;er took place among Sirnkin, the incoming
concessioner and the NPS about any "extensions" of deadliMs. Accordingly, it
remains the NPS' position that Jack's right of occupancy terminates at midnight on
April 7. I am told that the Temporary Contract has already been signed with an
effecti'Al dato of April 8. Accordingly, there is no agreement that Jack's will haw an
extra 5-7 days to remow its personalty. If the incoming concessioner does not
want to continue discussions about purchasing tho property, Jack's needs to
remow it ASAP. As a practical matter, the NPS would likely need sel,\'lral days to
arrange to impound it anyway.
2. The NPS has not asserted any claim to ownership of the name "Jack's
Boathouse". In fact, the NPS prefers that the concession be operated under the
name Key Bridge Boathouse, which name It has assigned to the new contract.
Thus, there is no need for the incoming concessioner to purchase any goodwill
associated with the former name.
Mollssa Lackey
Attorney Adl1sor
Mail Stop 5311
Phone: 202 513-0733 Fax: 202 208-3877
This e-mail (including any and all attachments) is intended for the use of the
indi\1dual or entity to which it is addressed. It may contain information that is
pri;ileged, confidential or otherwise protected by applicable law. If you are not the
intended recipient or the employee or agent responsible for delll<ilry of this e-mail to
the int8nded recipient, you are hereby notified that any dissemination, distribution,
copying or use of this e-mail or Its contents is strictly prohibited. If you receil,l'ld
this e-mail in error, please notify the sender immediately and destroy all copies.
(b) (5)
(b) (5)
(b) (5)
OP THE INTERIOR M<.,11" Fwd: J8ck's Boathouso - 2 l:i:.uos.
U.S. Attorney's Office for the District al Columbia
555 4th Street N.W.
(202) 307 ,2332
wynn0.kelly@usdoj.9ov
Ups ://mall. goog lo. com/ m <ilt/l>/ 1 S21u/Ol?u1=2&ik =f 534 76 6664 & v lew=pt&cat =Jack'$ .. 919
llffitltlii.TMENT OF THf. INTERIOR Muil - FW<t: J<1ck's -- 2

.
Fwd: Jack's Boathouse -- 2 Issues
Lo Bel, Steve <ste>ll_lebel@nps.goV> Fri, Apr 5, 2013 at 4:47 PM
To: Ste>ll Whitesell <Stew_Whitesell@nps.goV>, Lisa Mendelson <Jisa_mendelson-ielmini@nps.goV>, Philip Selleck
<Philip_Selleck@nps.goV>
This is in rosponse to the recent email from Charles Camp, one of Simkin's attorneys.
-----Forwarded message ---
From: Lackey, Melissa <molissa.lackey@sol.doi.>JOV>
Subject: Ro: Jack's Boathouse -- 2 Issues
To: "Kelly, Wynne (USADC)"
Cc: Stew LeBel <:sto1eJebel@nps.goV>, Barry Roth <barry.roth@sol.doi.goV>
Wynne:
Steva LeBel and I tried to call you.
NPS will acknowledge that the Plaintiff will not be deemed to ha>ll abandoned its personal property if the property
remains on site after April 7, Howewr, the NPS is not willing to leaw the resolution of sale or removal of the
property open-ended. What If there is casualty damage to the property in the meantime? Ste>ll has been ad-.ised
by the incoming concessioner that it wants to resolw the negotiations by Sunday. It has made an offer to Jack's
and is awaiting a response now. Accordingly, by COB on April 8, NPS requests a statement in writing from
Plaintiff that either (i) it has reached agreement in principle to sell its personal property and will transfer title to the
identined personal property to Boston Outdoor Recroation, Inc. by April 14, or (ii) it will mako arrangements to
remow any unsold personalty on or before that date.
Melissa Lackey
Attorney Ad-.isor
1849 c Street NW, Room 5323
Mail Stop 5311
Phone: 202 513-0733 Fax: 202 208-3877
This e-mail (including any and all attachments) Is intended for tho use of the indi-.idual or entity to which it is
addressed. It may contain information that is pri-.ileged, confidential or otherwise protected by applicable law. If
you me not the intended recipient or the employee or agent responsible for deliwry of this e-mail to the intended
recipient, you are hereby notified that any dlss0mination, distribution, copying or use of this e-mail or its contents
is strictly prohibited. If you recei"3d U1is e-mail in error, please notify the sender immediately and d0stroy all
copies.
ttp!:I IJ2/u/0/?ul=2&1k=f 5347686G4&v Bo<ilhousc&s(larch=.,. 1/7
OF THE INTERIOR M<ill" Fwd: Jack's Boathou:;l:l 2 ISSllOS.
On Fri, Apr 5, 2013 at 3:40 PM, Kelly, Wynne (USADC) <Wynne.Kelly@usdoj.goV> wrote:
alt
I just received the attached letter frorn Jack's which rn<1y inform any discussions currently taking place
among DOl/NPS (b1.1t I h<ive not reviewed carefully yet).
Wynne
Wynne P. Kelly
U.S. Attorney's Office for the District of ColL1rnbia
555 4th Stroot N.W.
(202.) 307-2332
wynnc. kelly@L1sdoj.gov
Frorn: Lackey, Melissa [rnailto:mclissa.lackey@sol.cloi.gov]
Sent: Friday, April OS, 2013 2:48 PM
Q;: Steve Whitesell; Lisa Mendelson; Tara Morrison; Steve L.eBel; Barry Roth
Wynne:
The text you quoted omits the two introductory sentences of the text we suggested. The following language is
frorn the attachment to the last email I sent you on April 2 (as updated by Barry's subsequent instruction to
reduce the additional reasonable period of time to 5"7 days):
l'vo t:;:ilkcd with DOl's counsol nncJ they arc terHalively atnono}Jle to ftlcllital/ng a rnootiny supplioi;I] w itt1 your cllt:-)nt ancl
tlps: I Im <ill. lo. com/ m 1 !:)2/u/ 0/?u!=2&1k =f 534 'r66664&v !ew::pt &cat =Jack s ac::1\h(lt.J5('!&s earch = ... '?,17
(b) (5)
lhe incorninq concessioner to discl.1ss w pe1'$0nal proporty tho latter w oulcl want to koop on the of lani:;! to bogin nfJn"
irctorizocl l)O;;lt oporat!ons and what payn10nt far the.it property would be apprcprl;;.1te, In th:::it ii w culd be holpfl1I to llavc list
of the personal proporty your c!ier1t w oulcl liko to sen or. if riot sold, remnvo, tlhoult! tllose nogotiflrionR {c1nphosis 8upp/fo(U n\il bo
f!nlshod hy April 7th. or should tho fnil. NPS would bow to crrl'lit an porlocl of clays)
for your c!iont to for thtl or H's prope!'ly frorn tllo real property (.:it your cliont's expense). !n any ovont.
NPS is b(Jund by its rofJUlalions at 36 CFR 2.2 in (:lOH!inn with propnrty dc-)otrX:)d ;::ibancloned.
Accordingly, read in context, the negotiations referred to were tho non-existent threeparty negotiations.
Accordingly, since the negotiations newr occurred, NPS should not be bound by the succeeding sentences ..
With respect to the use of the name "Jack's Boathouse", the contract does not expmssly prohibit the
concessioner operating under a tradename. Howewr, as Indicated, the NPS prefers that the operation be
referred to as Key Bridge Boathouse. Negotiating the transfer or license of Intellectual property could delay the
transition further.
Melissa Lackey
Attornoy Adl>isor
Mail Stop 5311
Phone: 202 513-0733 Fax: 202 2083877
This o-mail (including any and all attachments) Is Intended for the use of the indil>idual or entity to which it is
addressed. It may contain information that is pril>ileged, confidential or otherwise protected by applicable law.
If you are not the intended recipient or the employee or agent responsible for deliwry of this ernall to the
intended recipient, you are t1ereby notified that any dissemination, distribution, copying or use of this e-mail or
its contents Is strictly prohibited. If you recelwd this e-mail In error, please notify the sender immediately and
destroy all copies.
On Fri, Apr 5, 2013 at 2:15 PM, Kelly, Wynne (USADC) wrote:
A DORNEY-CLIENT PRIVILEGW /A DORNEY WORK PRODUCT
tips :/Imai!. googlo. com/mall/ bl 1 !):2/u/0/7ui=2&1k ==r 5:34 7{10664 & v lew=pt 8.cat =Jack s Ooat ho us ell.s a arch= ..
317
(b) (5)
(b) (5)
(b) (5)
(b)
(6)
(b) (5)
(b) (5)
(b) (5)
(b) (5)
(b) (5)
OF THE INTERIOR Fwd: Jack's BoathOll:lO .,. 2 ls:nie5
I'm running to a meeting, but should be back around 3 or so.
Wynne
Wynne P. Kelly
555 4th Street N. W.
(202) 307 -2332
wynno.kelly@usdoj.gov
Steve LeBd
Phone: (202) 619-7072
Fax: (202) 619-7157
ttps 534 Y686611&v iew=pt&cat=Jcick's Boatho1,1s8&soarct1=1,,,
OF nH!l INTF.:HIOR Mall - Fwd: J<.lck's Ho.::1thouse -- 2
The information contained in this message may be protected by attomoy-client or other pri"11ege. It is intended
for tho use of the indi"1duals to whom it is sent. Any pri"1lege is not waiwd by "1rtue of this ha"1ng been sent by
e-mail. If the person actLially recei"1ng this message or any other reader of this mossa(J0 is not a named
recipient, any use, dissemination, distribution, or copying or this communication is prohibited. If you receiw this
message in orror, please contact the sender.
l tp:i ://mall. gaogle. cam/ mall/ bl 152/u/Ol?ll l,..2.&lk ;;;f !)34 768664& v
&cal ;:;:Jack' a Boalhm.!:> o&s earch;;;, , , 71/

128/'14

Fwd: Jack's Boathouse -- 2 Issues
Mendelson, Lisa <lisa_mendelsonielmini@nps.gov>
To: Ste'A'l Whitesell <ste'A'l_whites0ll@nps .goV>
l.'i.w1 . Af(.'P
Llcputy Dircc;\tlr
National Pnrk Service
202 .. 
Subject: RE: Jack's Boathouse -- 2 Issues
Fri, Apr 5, 2013 at 3:53 PM
Cc: Ste\13 Whitesell <stew_whitesell@nps.goV>, Lisa Mendelson <lisa __rnendelson-ielmini@nps.goV>, Tara
Morrison <tara_morrison@nps.gov>, Steve LeBel <steve_lebel@nps.goV>, Barry Roth
Dear all,
I just received the attached letter from Jack's which may inform <my discussions currently taking pl<Jce
among DOl/NPS (but I have not reviewed carefully yet).
Wynne
Wynne P. Kelly
555 4th Streat N.W.
ttps: 11 mall .9oogle .com/ m a!l/b/ 152/ u/O/?ul=2&1k "'I 5J4 lEW664 &v lew;;pt &cat =Jack's Boal ho us u&:;1'larc ti= ... 116
rE'J.MlllENT OF 1'HE INTf.RlOR Mail - Fwd: 2
(202) 307 2332
wynne.kelly@usdoj.gov
From: Lackey, Melissa
Sent: Friday, April 05, 20J.3 2:48 PM
CC: Steve Whitesell; Lisa Mendelson; Tara Morrison; Steve LeBel; Barry Roth
Subject: Re: Jack's Boathouse -- 2
Wynne:
from the attachment to the last email i sent you on April 2 (as updated by Barry's subsequent instruction to
reduce the additional reasonable period of time to 5-7 days):
I've talkecl with DO!'s counsel clnd \hey ;;;iro ttJntatively arnen;.ible to facilitating a rneetfng [emph8sis supplied] w il11 client arid tho
incon1ing concessioner to discuss what personal proporty the l::Htcr would w CJnt to keep on U1c of k111d to begin non-n10torizi:xl
boat oper<:.ltions snd what for that proporty be <:.1ppropriato. ln regt\rd. it w oul(I be helpful to have 8 list of the
persona! pr()perty your cliont would !ik0 l() sell or, lf not so!cl, rcve, ShOlJld thoso nogothilloos {01nphasis supplied] not finistie<.l tJy
April 7th. or should the negoti.sitions tc.iil. NPS would l:lo w llling to ::1n reo.1son(;lbk:) perl1Jd of tin'!(:) {5"7 delys} for your client
lo arrango for the of Its porson81 property frorn the ronl property (<:It your clionl's expense}. In ;,iny NFS Is bo1Jnd hy its
reuulatlons Ht 36 CFH. 2.2 in cJonling With property t1eemt!d
Accordingly, read in context, the negotiations referred to were the nonexistent three-party negotiations.
Accordingly, since the negotiations ne1.er occurred, NPS should not bo bound by the succeeding sentences ..
With respect to the use of the name "Jack's Boathouse", the contract does not expressly prohibit the
concessioner operating under a tradename. Howe1.er, as indicated, the NPS prefers that the operation be referred
to as Key Bridge Boathouse. Negotiating the transfer or license of intellectual property could delay the transition
further.
Melissa Lackey
t t ps : // m 1;1i!. google. corn/ m c11!/ b/ 1 O:l!lt.1/ Ol?u!=2&1k =f 534 7606tl4&v lewrapt Sic :;it =Jack's Bo<.it tlOllS o &5earc h= ... 216
(b) (5)
(b) (5)
(b) (5)
(b) (5)
(b) (5)
OF THE Mail Fwd: Jack's -- 2 lssuo:>
Wynne
From: Lackey, Melissa [mailto;melissa.lackeyC(llsol.doi.gov]
Sent: Friday, April 05, Z013 2:07 PM
To: Steve Whitesell; Lisa Mendelson; Tara Morrison; Steve LeBel; Barry Roth; Kelly, Wynne (USAOC)
Subject: Fwd: Jack's Boathouse -- 2 Issues
Wynne:
By copy of this email I am asking the Region and Park for reaction to the two proposals this afternoon. In the
meantirne, I spoke with Ste'1l LeBel .. as follows:
1. No three-way teleconference e'1lr took place among Simkin, the incoming concessioner and the NPS about
any "extensions" of deadlines. Accordingly, it rernains the NPS' position that Jack's right of occupancy
terminates at midnight on April 7. I am told that the Temporary Contract has already been signed with an effecti'1l
date of April 8. Accordingly, there is no agreement that Jack's will haw an extra 5-7 days to remow its
personalty. If the incoming concessioner does not want to continue discussions about purchasing the property,
Jack's needs to romow it ASAP. As a practical matter, the NPS would likely need sewral days to arrange to
impound it anyway.
2. The NPS has not asserted any claim to ownership of th0 name "Jack's Boathouse". In fact, the NPS prefers
that the concession be operated under the name Key Bridge Boathouse, which name it has assigned to the new
contract. Thus, there is no need for the incoming concessioner to purchase any goodwill associated with the
former name.
Melissa Lackey
Attorney Ad-Asar
Mail Stop 5311
Phone: 202 513-0733 Fax: 202 208-3877
This e-mail (Including any and all attachments) Is intended for the use of the indi'-idual or entity to which it is
addressed. It may contain information that is pri-Aleged, conndential or otherwise protected by applicable law. If
you are not the intended recipient or the employee or agent responsible for deliwry of this e-mail to the Intended
recipient. you are hereby notified that any dissemination, distribution, copying or use of this e"mail or its contents
is strictly prohibited. If you this email in error, please notify the sender immediately and destroy all
copies.
t tps: // m com/m allttJ/ 15'),.J\1/ OJ ?ul=2&1k =f 534 7e 066'1 &v lew;:;pl&cal =J c1c K 8oa1 ho us e&s Ocirc , .
(b) (5)
128/14
------- Forwarded message ------
From: Kelly, Wynne (USADC) <Wynne.Kelly@usdoj.IJOV>
Subject: Jack's Boathouse - 2 Issues
To: "Lackey, Melissa (molissa.lackey@sol.cloi.gov)" <rnelissa.lackey@sol.doi.goV>, "Robert Eaton
(robert.eaton@sol.cloi.gov)" <roberLeaton@sol.doi.goV>, "Barry Roth (barry. roth@soldoi.gov)"
< barry. roth@sol. doi .goV>
ATIDFINEY-CUENT PRIVILEGED/ A TIO FINEY WOFIK PRODUCT
Dear DOI Team,
I'm running to a meeting, but should be back around 3 or so,
Wynne
Wynne P. Kelly
555 4th Street N,W.
ttps: //mail. googlc:i. com/ mall/bl 1 5?.h1/0/?1,,11:;:2&1k =F 534 768664 &v lowy1pt &cal i:::J ac k ':s Boat o u ~ o&s omc h;cr, . ,
(i/6
LAW OFFICES OF
CHARLES lI. CAMB"
VIA EMAIL AND U.S. MAIL
Wynne Patrick Kelly, Esquire
U.S. Attorney's Office
Civil Division
555 Fourth St., N.W.
April 5, 2013
Re: Jack's Canoes & Kayaks, LLC v. N11tiona/ Park Service, et 11l,
Case Number I: l3cv-00l30 (CKK)
Dear Wynne
As you know, Plaintiff Jack's Canoes & Kayaks, LLC ("Jack's LLC") is attempting to
sell virtually all personal property associated with Jack's Boathouse to the incoming
concessionaire, B&G Outdoor Recreation, Inc. ("B&G"), which we have been told
is scheduled to commence operating Jack's Boathouse on Monday, April 8, 2013. We
very much appreciate your efforts to obtain an extension of time for an additional 5-7
days in order to permit Jack's LLC and B&G to consummate a sale and purchase of
Jack's LLC's personal property at Jack's Boathouse, and hope to receive confirmation
from you of that extension this afternoon.
Jack's LLC, in good faith, is and has been doing everything possible to enter into a
purchase and sale agreement with B&G on mutually agreeable terms as quickly as
possible. While Jack's LLC's hopes to reach an agreement in principle prior to April 8,
2013, and then enter into a binding purchase and sale agreement as quickly as humanly
possible with B&G, it is highly doubtfol that such an agreement can be entered into and
consummated prior to April 8, 20 l 3.
This letter is to formally advise you that Jack's LLC is fully willing to allow B&G to
take over the operation of Jack's Boathouse on April 8, 2013, and will in no way
interfere with B&G's operation of the Boathouse on Apl'il 8 and thereafter. However,
until it is known whether Jack's LLC and B&G will be ahle to reach an agreement in
principle to sell and purchase Jack's LLC's personal property at Jack's Boathouse,
10.25 Jcffurson NW, Suite ll.IJ"G, Wat;hin&;:ton, DC 2.0007 Phouo 202.'157.77UCi Fnx 202A57.77BB
E111i:1il Web WWW.(;harlcsca1n11!ilW.co1n
LAW OFFICES OF
CI-IARLES H. CAMll,
Wynne Patrick Kelly, Esquire
April 5, 2013
Page 2
Jack's LLC intends to leave its personal property where Jack's Boathouse is located,
rather than moving the prope1ty off of the property and then back onto the property
prior to April 8, 2013 (or the extended date if an extension is granted to Jack's LLC by
your clients), at significant monetary expense (and wear and teru to the personal
property).
So that there is no misunderstanding, by leaving its personal property on the land where
Jack's Boathouse is located atler April 7, 2013 (or the extended date if an extension is
granted), Jack's LLC is in no way abandoning its property. In other words, by leaving
its personal property at Jack's Boathouse, Jack's LLC is NOT "intentionally and
voluntarily give[ing] up title Lo such property" and intends to retain title to all of its
pcrnonal property at Jack's until sold to B&O. If such property is not
sold to B&O, Jack's LLC will remove its personal property as soon as permitted by
B&G following a determination that a sale on mutually agreeable terms to B&G is
not possible. 41 CFR 1024 l.80.
If you have any questions, please let me know right away.
Best regards,
('J1d, f4
Charles H. Camp (_)
/Om'f'PA.'\TMENT OF THI!: INTERIOR Mall - Rl: Boatt1ouso -- (! lssties
Re: Jack's Boathouse -- 2 Issues
Lackey, Malissa <melissa.lack0y@sol.doi.gov:> Fri, Apr 5, 2013 at 2:47 PM
To: "Kelly, Wynne (USADC)" <Wynne.Kelly@usdoj.gov:>
Cc: Ste"' Whitesell <:stew_whitesell@nps.gov:>, Lisa Mendelson <:lisa_mendelson-ielmini@nps.gov:>, Tara Morrison
<tara_morrison@nps.gov:>, Ste"' LoBel <ste"3_lebel@nps.gov:>, Barry Roth <barry.roth@sol.doi.gov:>
Wynne:
rrom the attachment to the last email I sent you on April 2 (as updated by Barry's subsequent instruction to
reduce the additional reasonable period of time to 5-7 days):
I've talked w llh DOl's counsel and {Or!ll:lfivofy a1nonable to facifiUlting a {err.phasis suppliod] with your client and \ho
incorning oonoessionar to w hcH persona! prop1:nty thc,3 latter w ou!d wan\ to keop on the parcel of lancl to begin nonftrrotorlzed
boat operstions and what for tl1at property would bo In regci1d, it would be helpful to h;;ivc a list of tl1e
pc-.:rson<ll properly your oliont w outd like to sell or. if not S()ld, r0tmvo. Should theso supplied] not bo finishecl by
April 7th, or rihoulcl ll1e negotititions fail, NPS w oulc! be w illin{J to perrnl 811 c:ic:lc;litional reasont1ble of tinie (5 "f f 01 client
to arranoo for tho rem:ival of il8 personal proporty frQ1n the rettl prC)f)(:irty (.::it your client's expensr.-)). In any ovent, NPS is bouncl by ib>
at 36 CFR 2.2 in clealiiiSJ w ilh propC:)r\y doornc:d abarJ(10ned,
Accordingly, read in context. the negotiations referred to were the non-existent three-party negotiations.
Accordingly, since the negotiations ne"1'lr occurred, NPS should not be bound by the succeeding sentences ..
With respect to the use of the name "Jack's Boathouse", the contract does not expressly prohibit the
concessioner operating under a tradename. Howewr. as indicated, the NPS prefers that the operation be referred
to as Key Bridge Boathouse. Negotiating the transfer or license of intellectual property could delay th0 transition
further.
Mollssa Lackey
Attorney Advisor
Mail Stop 5311
Phone: 202 513-0733 Fax: 202 208-3877
tips; I I mail. googlo. eom/ m <1111bl1 1;?,/ u/O/?u 1=2&ik =f 534 75(\()64& v lew;;;pt &cat =J EiC k' $ BO<ll house &search= .. 1/5
(b) (5)
(b) (5)
IQ!!i'lfARTMENT Or lHE!'. INTe.R.IOR. Mflll - Re: Jack's Boathouso 2 lssucg
Subjoct: Jack's Boathouse - 2 Issues
To: "Lackey, Melissa (mclissa.lackey@sol.doi.gov)" <melissa.lackey@sol.doi.gov.>, "Robert Eaton
(roliert. eaton@sol.doi. 9ov)" <robe rt. eaton@sol.doi.gov.>, "Barry Roth (barry. roth@sol. doi. 9ov)"
<bany' roth@SOl.(IOi' (JOV>
ATTORNEY"CLIENT PRIVILEGED/ ATTORNEY WORK PRODUCT
Dear DOI Team,
Wynne
Wynne P. Kelly
555 4th Street N.W.
t tps: I I m<:1ll. goog lo. com/ ~ U bl 1 /:i2/l1/0/?u l:;:#,&lk. =f 534 708064&v law=pt&cat :;J <ic k's Boathous e&-s earc h= ...
t1/5
wynne. kolly@usdoj.gov
ttps :/Im <ii I. com/malt/ bl 152/ u/0/?u i=2&1K =f 534 768664 &v law;;; pt &c.;it=Jac k s 80<:11 ho us .c&s h= .. 5/5
(b) (5)
0:fff1..(llRTMENT OF TH!'.Z INTE;HIQR. Mall - RE: Jack'$ Bo<.llhOll$(l -- 2 Issuers
RE: Jack's Boathouse -- 2 Issues
Kelly, Wynne (USADC) <Wynne.Kelly@usdoj.gov> Fri, Apr 5, 2013 at 2:15 PM
To: "Lackey, Melissa" <melissa.lackey@sol.dol.gov>, Stew Whitesell <stew_whitesell@nps.gov>, Lisa Mendelson
<lisa_mendelson-lelmini@nps.gov>, Tara Morrison <tara_morrlson@nps.gov>, Stew LeBel <stew_lebel@nps.gov>,
Barry Roth <barry.roth@sol.dol.gov>
AHORNEY-CLIENT PRIVILEGED/ AHORNEYWORK PfWDUCT
Thanks so much,
Wynne
Ups ;//ma!l.google. 534 /686Gl\.&v lew=pl&c<.1t"JJck'!1
114
12HrW4RTMENl' OF THE INTERIOR Mtlll HE: Jock's Boalhouso -- 2 1:-.>suos
From: Lackey, Melissa [mailto:melissa.lackey@sol.doi.gov]
To: Steve Whitesell; Lisa Mendelson; Tara Morrison; Steve LeBel; Barry Roth; Kelly, Wynne (USAOC)
Subject: Fwd: Jack's Boathouse 2. Issues
Wynne:
By copy of this email I am asking tho Region and Park for reaction to the lwo proposals this afternoon. In the
rnoantime, I spoke with Stew L.eBel .. as follows:
1. No three.way teleconferance e'A'lr took place among Simkin, the incoming concessioner and the NPS abo\1t
any "extensions" of daadllnes. Accordingly, it remains the NPS' position that Jack's right of occupancy
terminates at midnight on April 7. I am told that the Temporary Contract has already boon signed with an effoctiw
date of April 8. Accordingly, there is no agreement that Jack's will ha\l'l an extra 5-7 days to remo'A'J Its
personalty. If the incoming concessioner does not want to continue discussions about purchasing the proparty,
Jack's needs to remO'A'J It ASAP. As a practical matter, the NPS would likely need se'A'Jral days to arrange to
impound it anyway.
2. The NPS has not asserted any claim to ownership of the name "Jack's Boathouse". In fact, the NPS prefers
that the concession be operated under the name Key Bridge Boathouse, which name It has assigned to the new
contract. Thus, there Is no need for the incoming concessionor to purchase any goodwill associated with the
former name.
Melissa Lackey
Attorney Ado,,isor
U. S. Department of tho Interior, Office of the Solicitor
Mail Slop 5311
Phone: 202 513-0733 Fax: 202 208-3877
This e-mail (Including any and all attachments) is Intended for the use of the indio,,idual or entity to which it Is
addressed. It may contain information that is prlo,,ileged, confidential or otherwise protected by applicable law. If
you are not tho Intended recipient or the employee or agent responsible for deli\l'lry of this e-mail to the intended
Is strictly prohibited. If you recei\l'ld this emall in error, please notify the sender Immediately and destroy all
copies.
t tp:s ://mall. lo, com/ rn :;ill/ b/ 152/ &lk .if 534 7686G4&v l',!J ac k's Boathou51)&S earc h =, ..
(b) (5)
OF THE IN"TERIOR. Mi:i!I RE: Jack's Boalhouso ''" 2 le.!HJes
From: Kelly, Wynne (USADC) <Wynne.Kelly@usdoj.goV>
Subject: Jack's Boathouse - 2 Issues
To: "Lackey, Melissa (melissa.lackey@sol.doi.gov)" <melissa.lackey@sol.cloi.goV>, "Robert Eaton
(robort.eaton@sol.cloi.gov)" < robert.e<Jton@sol.doi. goV>, "Barry Roth (llarry. roth@sol.cloi.gov)"
<tl<my. roth@sol. doi.f)OV>
ATI'ORNEY-CUENT PRIVILEGED/ A TI'ORNEY WORK PRODUCT
Wynne
Wynne P. Kelly
555 4th Street N.W:
(202) 307-2332
Ups:// mail. googto. com/ m 1:111/b/ 1 52/ u/O/ ?ul=2&1k ti,34 '168664& v !ew=pt&c <.It ::J tick's Boathous e&senrn h .. ,
3/4
OF THE !NfCR.IOR Moll Rg: Jack's Boathou$0 2 ISSllOS
11 mall. geog le. com/ m <1111bl16';,/1,1/0I ?ul=2&ik =f 534 700GEM8i.v lew;:;p1 &c:;it =Jack s a arch= .. 414
lEf'.!AfftMEN"f' OF TH!:: INTERIOR Mull - F\/Vl'.I: Jack's Bo.;ithaui;ia -- 2 la:su0:;

!!ill
Fwd: Jack's Boathouse 2 Issues
Lackey, Melissa <m0lissa.lackey@sol.doi.gov> Fri, Apr 5, 2013 at 2:06 PM
To: Stew Whitesell <ste1.e_whitesell@nps.goV>, Lisa Mendelson <lisa,_mondelson-ielmini@nps.gov>, Tara Morrison
<tara __ morrison@nps.gov>, Stewi LeBel <ste1.e_lebel@nps.gov>, Bariy Roth <bariy.roth@sol.doi.goV>, "Kelly,
Wynne (USADC)" <wynne.kelly@l1sdoj.gov>
Wynne:
By copy of this email I am asking the Region and Park for reaction to the two proposals this afternoon. In the
meantime, I spoke with Stewi LeBel .. as follows:
1. No thr00-way teleconference ewr took place among Simkin, the incoming concessioner and tho NPS about
any "extensions" of deadlines. Accordingly, it remains tho NPS' position that Jack's right of occupancy
terminates at midnight on April 7. I am told that the Temporaiy Contract has already been signed with an eff0cti1.e
date of April 8. Accordingly, there is no agreement that Jack's will hawi an extra 5-7 days to romo-.e its
personalty. If the incoming concessioner does not want to continue discussions about purchasing the property,
Jack's needs to remo-.e It ASAP. As a practical matter, the NPS would likely need se-.eral days to arrange to
impound it anyway.
2. The NPS has not assorted any claim to ownership of the name "Jack's Boathouse". In fact, the NPS prefers
that the concession be operated llnder the name Key Bridge Boathouse, which name it has assigned to the new
contract. Thus, there is no need for the incoming concessioner to purchase any goodwill associated with the
former name.
Melissa Lackey
Attorney Advisor
U. S, Department of the Interior, Office of the Solicitor
Mail Stop 5311
Phone: 202 5130733 Fax: 202 208-3877
This e-mail (including any and all attachments) is intended for the use of the indllAdual or entity to which It Is
addressed. It may contain information that is prilAleged, confidential or otherwise protected by applicable law. If
you are not the intended recipient or the employee or agent responsible for deli1.eiy of this e-mail to the intended
recipient, you are hereby notified that any dissemination, distribution, copying or use of this e-mail or Its contents
copies.
Forwarded message
From: Kelly, Wynne (USADC)
: I I rna!I. gaogla. com/mall/ bf 152/ u/O/?u 1"128ilk ;;if 534 "/ 68664& v lew==pl&c <It ::J <lC k '5 a hau:sa&s aarc h= ... 11?.
(b) (5)
JP.MRTMENT OF Tl-!!::! IN'l'l:HIOR Jack's Boalholi:>o "" 2
Subject: Jack's BoathoL1se - 2 Issues
To: "Lackey, Melissa (melissa.lackey@sol.doi.gov)" <melissa.lackoy@sol.doi.gov.>, "Robert Eaton
(robcrt.oaton@sol. doi. gov)" <robcrt.oaton@sol. doi. gov.>, "Barry Roth (barry. roth@sol.doi.gov)"
<tiarry. rot11@sol. doi .gov.>
ATIORNEY"CLIENT PRIVILEGED/ ATIORNEY WORK PRODUCT
Dear DOI Team,
Wynne
Wynne P. Kelly
U.S. Attorney's OffJCc for the District ofColLUTibia
(202) 307-2332
wynm: .kc lly(ii'J .gov
mai!. geog le. com/ rn all/ b/ 15'2./ u/O/?u 101::! &lk ;;if 5::14 76866.!l&v lew=pt&cal =J i.\CI<' $ hOU$l&searc h= ...
2/2
Re: FYI
LeBel, Steve <ste1e_lebel@nps.gov.> Fri, Apr 5, 2013 at 9:04 AM
To: "Lackey, Melissa" <melissa.lackey@sol.doi.gov.>
Cc: Ste1e Whitesell Lisa Mendelson <lisa_mendelson-ielmini@nps.gov.>, Tara Morrison
<tara _ morrison@nps.gov.>
Thanks, as of last night personal property negotiations resumed after a rocky initial meeting mostly concerning
Simkin's desire to change the vacate date.
I suspect the appeal stands, eh?
On Fri, Apr 5, 2013 at 9:01 AM, Lackey, Melissa <rnclissa.lackey@sol.doi.gov.> wrote:
I hope the attached indicates no further problems.
Melissa Lackey
Attorney Advisor
Mail Stop 5311
Phone: 202 513-0733 Fax: 202 208-3877
addressed. It may contain information Hiat Is privileged, confidential or otherwise protected by applicable law.
If you are not the intended recipient or the employee or agent responsible for delivery of this e-mail to the
intended recipient, you are hereby notified that any dissemination, distribution, copying or use of this e-mail or
Its contents Is strictly prohibited. If you recei\ed this e-mail in error, please notify the sender immediiOllely and
destroy all copies.
-------- Forwarded mess(lge ---
From: Kelly, Wynne (USADC) <Wynne.Kelly@usdoj.gov.>
Date: Thu, Apr 4, 2013 at 6:09 PM
Subject: FYI
To: "Lackey, Melissa (melissa.lackey@sol.doi.gov)" <melissa.lacl\0y@sol.cloi.gov.>
http://www. geergetew n er, com/ a rticl es/2013/ apr /04/j acks-boathouso-su rre nde rs/
Wynne P. Kelly
Assistant United Stat cs Attorney
128/14 DE;PARlMl::!NT THE; INTF,:RIOR Mall - Ro: r:y1
555 4th Street N.W.
(202) 307-2332
wynnc. kc llyC{i! 11sdoj .gov
Ste"' L0B01
Deputy Associate Regional Dimctor, Operations and Education
Program Manager, omce of Business Seruc0s
National Capital Region, National Park Ser.1ce
Phone: (202) 619-'7072
Fax: (202) 619-7157
The Information contained in this message may be protected by attorney-client or other pri"11ege. It is intended
for the use of tho indi'1dL1als to whom it is sent. Any pri"11ege is not waiwd by "1rtue of this ha"1ng been sont by
e-mail. If the person actually recoi"1ng this message or any other reader of this messtige is not a named
recipient, any 11se, dissemination, distribution, or copying of this communication is prohibited. If you recei"' this
message in error, ploase contact the sender.
lips 152fu/Ol'h!l::i2&1kmf 534 768661\.&v <:1ck's .. , 212
128114 DEPARTMENT OF THE INTERIOR Mall - Fwd: FYI

511
Fwd: FYI
Lackey, Melissa <melissa.lackey@sol.doi.goV> Fri. Apr 5, 2013 at 9:01 AM
To: Ste'A'> Whitesell <sle'A'> .... whitesell@nps.9011>, Lisa Mendelson <lisa_,mend0lson-lolmini@nps.goV>, Ste"'3 LeBel
<ste1,13_lebel@nps.gov>, Tara Morrison <tara_morrison@nps.goV>
I hope the altached indicates no further problems.
Melissa Lackey
Attorney Ad;isor
Mail Stop 5311
Phone: 202 513-0733 Fax: 202 2083877
This e-mail (including any and all attachments) is intended for the use of the indi-.idual or entity to which it is
addressed. It may contain information that is pri;ileged, confidential or otherwise protected by applicable law. If
you are not the intended recipient or the employee or agent responsible for deli1,13ry of this e-mail to the intended
is strictly prohibited. If you recoi',(Jd this e-mail in error, please notify the sender immediately and destroy all
copies.
From: Kelly, Wynne (USADC} <Wynne.K0ily@usdaj.ga11>
Date: Thu, Apr 4, 2013 at 6:09 PM
Subject: FYI
To: "Lackey, Melissa (melissn.lackey@sol.cloi.gov)" <rnelissa.lackey@sol.doi.goV>
http://www. geo rgetowne r.co m/ arti cl es/2013/ apr /04/jacks-boatho1.1se-sl1 rre nde rs/
Wynne P. Kelly
U.S. Attorney's Office for the District ofColtunbia
5 55 4th Street N. W.
Washinb>ton, D.C. 20530
(202) 307-2332
wynr1c. kclly(@usdoj.gov
t tps :11 m al!. googt0. cotl'll rnc:i!llbl 152./u/OI? ul==2.&lk ::r 5"34166664&v 31J ac k's f.loat hou-s ...
Dispute ove-r .... ack':; Boc1tt1ous.c nearly f !na:llzad - The Georgolow. ,,
Dispute over Jack's Boathouse nearly finalized - The Georgetown Voice
Tammy Stidham <tammy_stidham@nps.goV> Thu, Apr 4, 2013 at 7:20 AM
To: peter._may@nps.gov, Ste"3_Whitesell@nps.gov, Lisa_Mendelson-lolmini@nps.gov, s\el,l'l_lobel@nps.gov,
Tara_Morrison@nps.gov
http:// georgetownwi ce. com/2013/04/04/ dis pulOover-jacks-bo<ithous e-nearly-
finalized/
Tammy Stidham
National Capital Rogian
National Park Serl.ice
1100 Ohio Drive SW Room 228
\<lice - (202)619-7474
coll - (202)438-0028
fax - (202)401-0017
tammy __ stidham@nps.gov
tt ps: 11 mall. googtG. com/ mall/bl 152/ u/O/?l1 5:-,4 /66664&.v levr-pt&c at =J !le k s Boc\lhOllS. e&s eorc hi;;, , , 111
NEWS
Posted on April 4, 2013 by Ryan Greene
,fter months of dispute and contro'-"!rsy, the legal battle between Jack's Boathouse and ii"' National Park Ser<ice has
ome to an end. Jack's Boathouse will be replaced by a similar business, Boating in Bod.: n, by the end of April. Jack's
wner Paul Simkin, despite his opposition to the NPS up to this point, is satisfied with thi: rcsL1lt.
Vhen the NPS declined to renew the lease for Jack's Boathouse in January and began lookin[J for a suitable replacement
lr the decades-old boathouse Simkin filed separate lawsuits against the agency, and the DiDtrict of Columbia. The NPS
~ q u i r e Simkin to reapply for the property because his name was not on the lease, but that A his nowdeceased
usiness partner.
iimkin posited a list of legal claims, stating that the NPS had no legal right to terminate his business. He also alleged
1e NPS was colluding with Guest Ser<ices, which runs the refreshment ser<ices on the National Mall, behind the scenes
l wrest Jack's away from him and grant Guest Ser<ices the lease .
. ast week the court dismissed Simkin's lawsuit against the District, but a judge ruled that Simkin has sufficient ground
J take the NPS to trial. Simkin, howe"'3r, re;ealed that he may not do so.
The court did say that we did, in fact, ha"'3 a case that should go to trial," Simkin said. "Whether or not I'm going to do
1at, I don't know yet."
'o Simkin, the lawsuit against the city was ne"'3r important and was filed out of legal necessity. "For legal reasons, we
ad to bring [the District] into that lawsuit, in order for us to proceed against the park ser..1ce," Simkin said. "This was just
legal thing and I think the city understood that."
;imkin bclle1es that the NPS's selection of Boating in Boston as the replacement for Jack's is a direct result of his fight
gains! the NPS. Boating in Boston runs six boating locations In Mass, two of which are very similar to Jack's, and
;imkin ;iews it as an appropriate successor to Jack's.
Jur main objection to everything [the NPS was doing] was that we didn't want a corporate boathouse or a huge,
ollegiate boathouse them, and both of those were in the offing," Simkin said. "OLir inwlvemont here clearly made that
npossible."
loating in Boston's small size and attitude toward boating made it a much more preferable replacement to Simkin than a
irge concessioner like Guest SeMces. "[Boating in Boston] is a company that is IA'lry, very similar [to Jack's] in the way
1ey do business and the way they feel about the water," Simkin said. "I'm working with them to take 0'.'3r (Jack's]
ss0ts."
;imkins suggested that Guest SoMces would have temporarily taken over the boat house and eventually turned it over to
>eorgetown. "I think this blocked that from happening," said Simkin.
'resident of Boating in Boston Michael Aghajanlan echoed Simkin's spirit of cooperation and optimism. "We ha'.'3 a
iendly, cordial relationship back and forth with [Simkin]," Aghajanian said. "Until the National Park SeMce tells us that
i8're clear to operate, we're not getting inwlved with anything between him and the National Park SeMce."
loating in Boston has ewn relieved Simkln's past worries about what will happen to his workers in the event that Jack's
Jses or drops the legal battle against the Park SeMce. "The best news of all is that they have agreed to truly consider
sing all of the staff that's been working at Jack's, so that's Incredibly good news," Simkin said.
lespite the standing lawsuit, Boating in Boston Is expected to take over their new operation in the next few weeks.
lowever there seems to be confusion between the NPS and Simkin as to the exact date. According to Jeffrey Olson,
ublic affairs officer at the NPS, Boating in Boston is scheduled to begin operating this Monday. Meanwhile, Simkin
stimated the new owners will be up and running by April 15.
Vhile the 7Q,year legacy of Jack's Boathouse is coming to an end, Simkin himself is genuinely excited about the site's
Jture. "I want absolutely everyone who's been a customer of Jack's to come to this new place because that carries on
1e tradition," he said. "Finally, after months and months, I'm !lble to get a good night's sleep."
;hare this: Facebook 1 Twil!E>r Googlo Email Print
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View all articles by Ryan Greene ->
im1r1..W0x f'.'(lpUll)) D.C, Court disml::;:;(::; C830 agal. ..

m
Vox Populi D.C. Court dismisses Jack's Boathouse's case against District
government
Stidham, Tammy <tamrny_stidham@nps.goV> Wed, Apr 3, 2013 at 10:18 PM
To: Peter May <Peter .. May@nps.goV>, Ste-.e Whitesell <ste...,_whltesell@nps.goV>, Lisa Mendelson
<lisa_rnendelson-ielmini@nps.goV>, Tara Morrison <Tara_Morrison@nps.goV>, S!Ol,l'l LeBel <Ste...,_LeBel@nps.goV>
http ://blog. gaorgotown\tiice. corn/2013/ 04/03/ <J-c-courl-cli s 111 is s (lS jacks-boathouses G<if; OAgai ns t -cl is t ri ct -
goWJmrnent/
t t ps.: f Im <111. com/malt/ b/ 1 !32/ u/O/'h11=2.&lk 1;)34 i'68661\.& v lew=pt&ccit =J <IC k's 80:;11house&:>0r.1rch=i, , , 111
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D.C. Court dismisses Jack's
Boathouse's case against District
government
Posted byConnnrJoneG on April 3, 2013
In a preliminary ruling last
week, the United States
Court for the District of
Columbia disrnissod .JHck'$
BoQthouse's cas0 against
the D.C. go'.<lrnment, In
which he claimed that the
National Park ser;;ce no
lnng()r jurisdiction
tho l<md on which the popular
canoe and kayak rental
facility sits.
On Jan. 18, tho NPS sent
out a public notice
,, ... : t.Q.nv.n . .u .. .c.:.:nr.nni.n.o_\
requesting new tenants after it declined to renow the lease of Jack's
Boathouse in January. E1,1Jr since, Jack's Boathouse's owner Paul
Simkin tms been fightino the decision in court. Earlier last month, the
ODDO
ABOUT
Vox Popvli is the staff blog of
the Georgetown Voico,
Georgetown Uni\<lrslty's
weekly newsmagazine.
Opinions expressed in posts
are those of their author alone
unless othflrwise stated.
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1/5
'2:ilft:4oo Dl&rict ijovsmmenl: Vox Popull Gooll)eto ...
NPS solcctod a winning bidder to tako owr the site, pending tho
resolution of the lawsuit.
The court only threw out Jack's Boathouse's case against tho D.C.
go\l'lrnment, not the National Park Sm\ico, the decision for which will
come in a later ruling.
Vox doesn't quite understand the donse langL1age of the ruling
(commontors, lend a hand?), this decision does not bode will for Jack's
BoathouM)-a fal.<lrite for Georgetown Uniwrsity students.
"[B]ecaL1se [the] Plaintiff lacks constitutional standing with respect to
one of its requests for declaratory judgment against the District ... the
CoL1rt shall GRANT the District's Motion to Dismiss," tho decision read.
"The Court shall address the Park Defendants' Motion to Dismiss by
separate order at a later time."
Prosumably, if Simkin lacks constitutional standing for a declaratory
judgement with the District, then ho also lacks standing to sue the
National Park Ser.ice as well.
Read the full decision after the Jump, courtesy Georgetov.r1
Metropolitan!
District. Court Opinion by topl'lfmnathews
i"..I
UNITED STATES D
FOR THE DI STRI C1
II
LA.Cl<'. ..'.5.c"':.AN.nFc;; N KAY AK c; I I ('
. ,.,.!
SUOW ME MORE LIKE DISTRICT COURT OPINION
SIMILAR TO DISTRICT COURT OPINION
BACK TO DOC
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.e Su!l to Keep Jack':; BO<lthouse on Georgetown ...

'

.
Judge Dismisses Suit to Keep Jack's Boathouse on Georgetown Waterfont:
DCist
Stidham, Tammy <tarnrny_stidharn@nps.goV> Wed, Apr 3, 2013 at 10:13 PM
To: Peter May <Peter_May@nps.goV>, Lisa Mendelson <lisa_rnendelson-ielrnini@nps.goV>, Tara Morrison
<Tara_Morrison@nps.gov;>, Ste1.e Whitesell <ste1.e_whitosoll@nps.goV>, Ste1.e LeBel <Ste1.e_LeBol@nps.goV>
http:// clc is t. corn/201 '.l/ 04/j udge .... dis rn is sos _. __suit_ to_ keepj11c ks. php
111
1l:18Mltse Suit lo Ktiop JacK'5 on G0orgotown Watorfont: ()Cl!31
Ban Meat and Milk From Cloned
Animal Offspring!
author: Chris Wolwrton
signatures: 17,242
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start a petition I greb this widget
Judge Dismisses Suit to Keep Jack's Boathouse
on Georgetown Waterfont
Photo by drtar.w.
The effort to keep Jack's open on the waterfront site where it has sat since 1945 suffered a rruljor
dcfout last week when a judge tossed out a lawsuit aimed at stopping the boathouse's eviction. Judge Colleen
Kollar-Kotelly of U.S. District Cowt ruled last Th1.U'sday that Paul Simkin, who has run Jack's Boathouse since
4119
1Ilflil!Utse:' Sult to Kt:Ji;ip Jack'::; Bo<.,thcuse 011 Watorl ont: DCIM
1999, was not entitled to an i1*mction blocking the transfer of the site lo a new contractor selected by the
National Park Service .
.lack's was told kist Decernbcr that NPS was canceling the month-to-rnonth rental agreement it
entered into with the District government in 1982 and transferred to the fudcrnl government in 1987 when the
Park Service took over the Georgetown waterfront. In response, Simkin ari,'l.1ed that because of various
amendments to the deed that llllthori%Cd the transfur, the land shottld actually be back tmdcr D.C.'s control with
him as the tenant.
However, Kolk1r-Kotelly was Lmmoved by that argi.m1Cnt. In her ruling, which was firn_LJ.:gpprtcd by the
Georgetown MclrQ.12.(.ili!itn blog, she wrote that Simkin "lacks constitutional standing to request a dcclarato1y
judgn1Cnt that the Diqrict 'never cffoctivcly transferred' administrativejtnisdiction to NI'S." One of the reasons
she cites is the filct that previous owners of Jack's Boathouse did not challenge the change injurisdietion.
Simikirly, the judge folUKl that Simkin was inforn1Cd ofNPS' plans to turn the boathouse site into a contracted
concession by last Aub>tlst, giving Jack's Boathouse plenty oftitnc to come up with a bid.
Simkin did not submit a bid, nnd last month, NI'S annotmced that B&G Outdoor Recreation, Inc., a
Massachusetts firm that operates boat rental facilities in the Boston area, would take over tlw locatiQlJ. Baning
any more efforts by Simkin to prevent the installment ofa new operator, that location, at 3500 Water Street
NW, will see a new boat rental company tor the first tin1C since 1945, when Jack's Boathouse opened to
canoers, kayakcrs, nnd other Potomac River navigators.
District Court OpioiQ.o.
els 1. com/2013/ 04/ ___dis m Is ses _a uit _to_ k oep jcic ks , ph p
120114DEPARTMENT OF THE INTERIOR M<ill Re: PW: Jo.ck's Boathouse
Re: FW: Jack's Boathouse
Selleck, Philip <philip_selleck@nps.goV> Wed, Apr 3, 2013 at 4:42 PM
To: "LeBel, Stove" <steve_lebel@nps.goV>
Cc: "Lackey, Melissa" <melissa.lackoy@sol.doi.goV>, Steve Whitesell <Steve_Whitesell@nps.goV>, Lisa Mendelson
<lisa_mendelson-ielminl@nps.goV>, Tara Morrison <Tara_Morrison@nps.goV>
I think that's a good position, with a firm end date on removal of property.
On Wed, Apr 3, 2013 at 4:15 PM, LeBel, Steve <stove...Jebel@nps.goV> wrote:
I just got off of the phone with Mike, Boston Rec. He called me to question whether the AUSA, the NPS, and
Haas, Simkin's attorney, have agreed to permit Simkin to stay until personal property negotiations were
complete, based on his conversation with Haas.
I read to him, from the earlier email, "Should these negoti<itions not be finished by April 7th, or should the
negotiations fail, NPS would be willing to permit an additional reasonable period of tirne (57 days) for your
client to arrange for the remoV"dl of its personal property from the real property."
Mike is only comfortable, in the event negotiations fail, permitting Simkin to retrieve his property. He again
asks that we do not extend the deadline to vdct1t0. Mike asked that if in good faith negotiations additional time
were necessary, whether he could contact us (NPS) to reqtJest an extmsion of the vacate date to complete
negotiations. He firmly believes negotiations co1!1d be completed by Sunctay, April 7.
We migt1t respond by saying "the concessioner plans to commence ser"Ace Monday, April (l, however if tho
concessioner r q ~ t s t s additional time to complete negotiations, NPS would consider the request." Tt1is
leaves Boston Rec. in a comparable negotiating position, while allowing leeway to complete the sale of
porsom1I property as necessary.
By the way, Miko tells mo Haas is a real estate closing attorney, not a broker or liquidator.
On Wed, Apr 3, 2013 at 3:46 PM, Lackey, Melissa <rnelissa.lackey@sol.doi.goV> wrote:
See the email from our AUSA re the latest proposal.
Steve LeBel: You may want to confirm that this additional 5 days is what the incoming concessioner
actually wants, as it appears inconsistent with what its representatiw told Steve LeBel this morning.
One response could be that NPS would allow Jack's Canoes & Kayaks an additional 5 days to document
and close the sale of assets provided that, by April 7, Jack's and Boston Rec. confirm in writing to NPS that
they have reached an agreement in principle for the salo of identified personal property that needs only to be
documentod and closed, and that any unpurchased personal property will be removed - both by COB April
12.
Pleas0 lot mo know how the NPS wishes to respond.
Melissa Lackey
Attorney Advisor
t t ps: //mall. google, com/ rn ailfbf 152fu!Of?u 1=2&1k =f 034 766664&.v law;:::pt&cal =Jack's Boathou:>o&s e<irc h
11
,
1110
(b) (5)
128f14DEPARTMENT or: iHE INTE:::RIOR Mall - Ro: FW: J<1cK's Boathouse
lJS. Attorney's lbr lhc District of Columbia
555 4th Street N .W.
(202) 307-2332
wynne. kclly(il)usdoj. gov
From: David Haa5 [mailto:dha<1s@cla-pllc.com]
Sent: Wedne5day, April 03, 2013 3:25 PM
C.C: Charles H Camp; Paul Simkin
Subject: RE: CONFIDENTIAL SETTLEMENT COMMUNICATION
Wynne
Thanks for your time today.
I spoke with Paul Simkin and Michael Aghajanian today, and both are amenable to allowing some additional
time to work out tl1e sale of the Jack's Canoes and Kayaks assets. As mentioned, I belie>R- th<1t an
additional 5 days should alllJw tho parties to negotiate and hopefully conclude a deal in a more orderly
' foshion.
If possible, would you ploaso got back to me today and confirm that all relevant parties on your ond are OK
with this and that fl 5-day extension has been grnnter.I.
Thanks for help.
DalAd
Oavid C. H""' Esq.
Capital Law PLLC.
ttps :ff mail. googlo. corn/ m .all/ b/ 11/2f uf0/?ul=2&1k =I 534 7\SOOa4 &v lewo.pt &c:;it =Jack's e&s aarc h= ... 3110
Qf THE INTERIOR M<1ll .. FW: Jack's Boathou:JO
1717 Rl10d0 lslancl Avenue, NW, Suit<> 900 I Washington, DC 20036 j Offico 202.463.0000x1011 Mobil<>
202.2"/l.4446 I Fox 202.4'10.5505
From: Kelly, Wynne (USAOC) [mailto:Wynne.Kelly@usdoj.gov]
Sent: Wednesday, April 03, 2013 1:37 PM
To: Charles H Camp
Cc: David Haas
Ok
From: Charles H Camp [mailto:ccarnp@charlesc<nnplaw.com]
Sent: Wednesday, April 03, 2013 J.2:41 PM
Cc: David Haas
Wynne,
Paul Simkin the owner of.Jnck's Canoes & Kaynks has engaged Dnvid Haas, a corpornlo lawyer, to
handle the negotiations and of the sale of Jack's assets to tho incoming concessionaire. I've
copied David on thi8 email and he'll be in touch with you mornentarily.
Best n:gards,
Charles
tlps ://rnail.googlo. com/malllt;i/152/u/Ol?u!=2&!k=f 534 riS6664S.v Eloalhous8&searc:h".,, 4/10
INTERIOR Mall- Ro: r:W: J<1ck's aoajhouae
LAW OFFICESC)F
CHARLES H .. C.A.MBc
Cha.des H. Camp
Law Offices of Charles FL Camp, P.C.
1025 Thomas Jefferson Sh'eet, NW
Suite 115G
Washing ton, DC 20007
Tel 202.457.7786
Fax 202.457. 7788
Cell 301.461.0283
From: Kelly, Wynne (USAOC) [m<1ilto:Wy11ne.Kelly@uscloj.gov]
To: Charles Camp
Dear Charles,
Thanks for your patience. 1'"8 talked with POi's counsel and they are tentatiwly amenable to facilitatin() a
meeting with yolir client and tt1e incoming concessioner to discuss what personal property the l<itter would
want to keep on the parcel of land to begin non"motorized boat operatkms and what payment for ttmt
property would bo appropriate. In that regard. it would be helpful to ha"' a list of the personal property your
client would like to sell or, if not sold, remow. Should tl1ese negotit1\ions not be finished by April 7th, or
: should the negotiations fail. NPS would bo wlllln(J to permit an ndclitional reasonable period of ti mo (5"7
days) for your client to arrange for the romoval of its personal property from th0 real property (at your client's
expense). NPS also is amenablo to allowing Mr. Simkin or some of his employees to come onto the
property for a few additional days after April 7th If that were necessary to wind down the business. This
would require a mutual understanding in advance of what wind"down work would be needed. They would
only be deemed trespassers if \hoy attempted to operate a business under the guise of the terminated
lease, If they interfered with tho incoming concessioner who would haw simultaneous access to tho
property, or if they in some other way \iolated federal law related to National Park land.
mall. go ogle. com/mall/ b/ 1 S?./1,1/0/?ul=2&1k =r 534 !6 0664 & v !ew=pt&cat =J cic k's Bcatho1,1si;:i&soarcti". , . 5110
, Once wo know the timo fm111os you propose, we could firm this up. Let me know what you think and when
we can set up a rneettnn.
1l"lfJnks,
Wynne
Wynne P. Kelly
U.S. Allorncy's Oflicc tor the District ol'ColLunbia
(202) 307-2332
wynnc. kdly(iil.usdoj. gov
From: Charles Camp [rnailto:ccamp@charlescamplaw.com]
Subject: Re: CONFIDENTIAL SETTLEMENT COMMUNICATION
Any news?
On Apr 2, 2013, at 9:40 AM, "Kelly, Wynne (USAOC)" <Wynno.Kolly@usdoj.gov.> wrote:
Charles,
My clients ore meeting either around noon time or early this afternoon and I will lot you know
128/140EPAf,IMfiNTOP THE INTERIOR Mall Ro: fW: eoathouse
what I hear back from them.
Thanks,
Wynne
From: Charles H Camp [mailto;ccamp@charlesc11mplaw.com]
Wynne,
l just nicl with rny client and he too believes it 1my be time to resolve dilli::n;nces and move
on down the road. Can you pkase gel me a cornprchcnsivo oiler to end the lawsuit
ASAP that includes a paym<.,nt to n1y client lor all of his movable property needed to
operate Jack's Boathouse? So that my client docs not fuel the need to immediately begin
rnoving his property off of the property, [need ymu- written assurnnce, on bchalfofthc
NPS and NPF, that neither oflh<.rn will do anything whatsocv<.>r to sci7.c or confiscate any
of my client's property, or to take nny personal action against Ptml Simkin or any of his
employees (e.g., arresting nnyonc), dlLI'ing this trarnition period.
Best regards,
Charles
<lmage001.png>
Charles H. Camp
Suite USG
II ps : // m a!I. googlo. com/ m all/b/ 15'2./u/O/? ;;;f !)34 768664& v lew=pt&ccit =J <.le k's t3oJthOU$ aarch= ... 7/10
THE INTERIOR M<.l!I l'{o: FW: Bm:ilhouse
Tel 202.457.7786
!lax 202.457.7788
Cell 301.461.0283
www .char lescam p law .com
Sent: Monday, April 01, 2013 11:43 AM
To: Charles H Camp
Charles.
Tl'mnks for yow message. I will double check with my client (rny main contact at NPS is out
torJay so I ha"" e-mailed around OIKlr there looking for a response), but I am fairly certain that
we would not agree to sucl1 a stay. I am going to be out the remainder of the day, but if you
need to reach me, my work cell phone is (202) 809-5387. I will probably ha'-"l the phone ringer
off, but if you lea"" a message, I will get a notification and call you right back. Also, I will be
cl1ecking my e-mail regulmly.
Thanks,
Wynne
Wynne P. Kelly
Assistant United S l<ltcs Altomcy
U.S. Attorney's Otlicc for the District ofCo.ILu11bi<L
555 4th Streot N. W.
Washington, D.C:. 20530
(202) 307-2332
wynnc.kc \ly(il!, .gov
t tp$: 11m1;111. googla. com/ m<1!1/b/ 16:1!/ u/O/ ?ul=.2&1k =f 534 768664&v &cm i;iJ :;ick's Boalhouso&s 0<1rch '" .. , !Jf10
12811'1 OF THE INTERIOR R.a: FW: Jack's Boathouse
Ffom: Charles H Camp [mailto:ccamp@lcharlescamplaw.com]
Sent: Monday, April 01, 2013 11: 10 AM
Subject: CONFIDENTIAL SETTLEMENT COMMUNICATION
Wynne,
Thm1k you for your call on Friday. I am 111.;cling with my cli..:nt this nilornoon and will be in
touch with you asap a Iler that.
In the 1ncantirnc, so that we all have time to come up with the best solution fbr everyone's
interests. will the NPS and NPF agree to a stay of the Cornt's Opinion and Mcm:mmdtu11
Decision for a reasonable period oftirnc? If not, I'll need to lik an cnJ<:rgern;y motion with
the Court of Appeals today or tormrrow nt the latest for ir\jLU1ctivc relief pending the
appeal.
B"st regards,
Chnrlcs
<image001.png>
Charles H. Camp
Suite 115G
Tel 202.457.7786
Fax 202.457. 7788
Ups ;//mall. googto. com/ m {Iii/bl 152/1,1/0/?1,1 i=2&1k =f 534 /60664&.v lew=pt&cat =Jae k $ r30<1t h= ... 9/10
128/1-1 t)\'.!PARTMENT OF THE Mall - Ro: FW: J<tcK's Eloi:1tho<..1!ile
Cell 301.461.0283
Ste"" LoBel
Program Managor, Offioe of Business Services
Phone: (202) 619"7072
Fax: (202) 619-7157
The information contained in this messt1g0 may be protected by attorney-client or other pri'.ilege. It is intended
for the uso of tho indi'.idL1als to whom it is sent. Any prl'.ilogo is not wai'Ald by l>irtue of this ha-.ing been sent
by <H11<1il. If the person actually receiving this mos sage or any other reader of this mos sage is not a named
recipient, any use, dissemination, distribution, or copying of this communication Is prohibited. If you rccei\19
this rnessago in error, please contact the sender_
Philip A. Sellecl<
Associate Regional Director,
Operations and Education
National Capitol Region
202"619-7142
t t ps : //mall. google. com/ rii <.'111/b/ 15')./ u/O/ ?1,11;;:2&ik =f 534 788664&.v leW"'Pt&cal =Jack':> !3(1<1lhouse&search = ... 10!10
128/14DJ;PARTh1ENl Of THJ; INTJ;RIOR Mall - Ro: FW: Jl)ck's 8oflthouse

511
Re: FW: Jack's Boathouse
LeBel, Stevo <ste>e_lebel@nps.gov:> Wed, Apr 3, 2013 at 4:15 PM
To: "Lackey, Melissa" <melissa.lackey@sol.doi.gov:>
Cc: Ste>e Whitesel\ <Ste>e_Whitesell@nps.gov>, Lisa Mendelson <lisa_mendelsonielrninl@nps.gov>, Philip
Selleck <Philip_Selleck@nps.gov:>, Tara Morrison <Tara,_Morrison@nps.gov>
I just got off of the phone with Mike, Boston Rec. He called me to question whether the AUSA, the NPS, and
Haas, Simkin's attorney, haw agreed to permit Simkin to stay until personal property negotiations were
complete, based on his conl.<lrsation with Haas.
I read to him, from the earlier email, "ShoL1ld these negotiations not be finished by April 71h, or should the
negotiations fail, NPS would be willing to permit an adrJitiooal reasonable period of time (5-'7 ror your client
to arrange for tho rernoVill of its personal property from the real property."
Mike is only cornfortablo, in the el.<lnt negotiations fail, perrnitting Simkin to retrieve his property. He again asks
that we do not extend tt1e deadline to vacate. Mike asked that if in (JOOd faith negotiations additional time were
necessary, whether he could contact us (NPS) to request rn1 extension of the vdcate date to complete
negotiations. He firmly boliows negotiations could be completed by Sunday, April 7.
We might respond by saying "the concessioner plans to commence ser-ice Monday, April 8, however if tho
concessioner requests additional tirne to complete negotiations, NPS would consider the request." This lea>es
Boston Rec. in a cornpamblo negotiating position, allowing leeway lo cornplete the sale or personal
property as
By the way, Mike tells me Haas is a real estate closing attorney, not a broker or liq1;idator.
On Wed, Apr 3, 2013 at 3:46 PM, Lackey, Melissa <molissa.lackey@sol.doi.gov> wrote:
Stow LeBel: You may want to confirm that this additional 5 days is what the incorning concessioner actually
wants, as it appears inconsistent with what its representati>e told Stel.<l LeBel this morning.
One response could be that NPS would allow Jack's Canoes & Kayaks an additional 5 days to document and
close the sale of assets pro'<ided that, by April 7, Jack's and Boston Rec. confirm in writing to NPS that they
hal.<l reached an agreement in principle for the sale of identified personal property that needs only to be
documented and closed, and that any unpurchased personal property will be removed. both by COB April 12.
Please let me know how the NPS wishes to respond.
Melissa Lackey
. Attorney Ad'<isor
1849 c Street NW. Roorn 5323
Mall Stop 5311
Phone: 202 5130733 Fax: 202 208-3877
ttps://ma!l.googlo.com/mall/b/ 1 !)2/u/O/?u!=2&!K:::t 634 l61:1664&v 1110
(b) (5)
This e"mail (including any and all attachments) is intended for the use of the indi;idual or entity to which it is
addressed. It may contain information that is pri;ilegod, confidential or otherwise protected by applicable law.
. If you are not tho intended recipient or the employee or agent responsible for doliwiiy of this e"mail to the
intended recipient. you are hereby notified that any dissemination, distribution, copying or use of this e"mail or
its contents is strictly prohibited. If you roceilkld this e"meil in error, please notify the sender immediately and
destroy all copies.
Forwarded message --
From: Kally, Wynne (USADC) <Wynne.Kolly@usdoj.gov.>
Date: Wed, Apr 3, 2013 <ll 3:29 PM
Subject: FW: Jack's Boathouse
To: "Lackey, Melissa (melissa.lackey@sol.doi.gov)" <melissa.lackey@sol.doi.gov.>, "Robert Eaton
(roberl. eaton@sol.doi.gov)" <rolJert.eaton@sol.doi.gov.>, "Bariy Roth (i)any. roth@sol.cloi.gov)"
<barry. roth@sol.doi.gov.>
ATIORNEY"CLIENT PRIVILEGED I A DORNEY WORK PRODUCT
Dear DOI Team,
Wynne
Wynne P. Kelly
United States Attorney
U.S. Attorney's Ollie" for Lho DisLrict of Columbia
12(1/14Dl!PAR'l'Ml!NT OF THE INTERIOR Mall - Ro: FW: J<ick's
555 4th Street N.W.
(202) 307-2332
wynne. kdly(i1) usdoj .gov
ffom: David Haas [mailto:clha01s@cl<1pllc.com]
Cc: Charles H Camp; Paul Simkin
Wynne
I spoke with Paul Simkin and Michael Aghajm1ian today, and bolh mo amenable to allowin(J some additional
time to work out the sale of the Jack's Canoes and Kayaks assets. As mentioned, I belie1,e that an additiorml
5 days should allow H10 parties to negotiate and hopeflllly conclude a deal in a more orderly fashion.
If possible. would you please get back to mo today and confirm that all relevant parties on your end are OK
with this and that a 5-day extension hs been granted.
Thanks for your help.
Da<id
David C, Haas, Csq.
Capital Law Associates, PLLC.
1'/1'1 Rhocle Island Avenllo, NW, Stlitc 900 I W:1shlnglon, DC 200361Offico202.463.0000x1011 Mobile
202.277.4446 I Fox202.4'/0.5505
tips;// m :;ill. googla. corn/ m 152/ u/O/?u 1!:12,&llo:. rnf 7 6866118.v lew=pl&c al =J <.IC k's EIO(lt 8.!;lel;lrc h = ... 3/10
128114 DEPARTMENT OF THE INTERIOR Mall - Ro: FW: Jc1ck's Bonthousa
From: Kelly, Wynne (USADC) [mailto:Wynne.Kelly@uscloj.gov]
To: Charles H Camp
Cc: David Haas
Ok
From: Charles H Camp [mailto:cciunp@charlescamplaw.com]
Cc: David Haas
Wynne,
Paul Simkin the owner of' Jack's Canoes & Kayaks has engaged David Haas. a corporate lawyer, to
handle the negotiations (1t1d papering of the sale of Jack's assets to the incoming concessionaire. I've
copied David on this erm1il and he'll be in touch with you rr1orncntl1rily.
Best regards,
Charles
. < LAW OFFICES OF <

t tps :// m all,googla. corn/ rn cil 1/1)/ 1 f:\2/ u/Ol?u l=2&1k =f 534 7Gl)tl64&v lew;;;pt&cat =J acK' $ Bo::il house&s earctl= ... 4/10
1;?8/14DEPARTh1ENl' OF THf.. INTERIOR Mail" FW: Ji;iok.'!'I Boathou:;/.:.1
Charles H. Camp
Suite 115G
Tel 202.457.7786
Fax 202.457.7788
Cell 301.461.0283
From: Kelly, Wynne (USAOC) [mailto:Wynne.Kclly@uscloj.gov]
To: Charles Camp
Doar Charles.
Thanks for your patience. I'"" talked with DOl's counsel ancl they me tentatively amenable to facilitating a
mooting with your client and tho incoming concessioner to discuss what pen;onal property the latter would
, want to i\eep on the parcel of land to begin non-motorized boat operations and what payment for th<lt property
would be <ippropriate. In that regard, it would be helpful to ha\ a list of the personal property your client would
like to sell or, if not sold, remove. Shoul<1 these negotiations not be finished by April 7th, or should tr1e
negotiations fail. NPS would be willing to permit an 'ldditional reasonablo period of time (5-7 days) for your
client to arrange for the removal of its personal property from the real property (at your client's expenso). NPS
also is amenable to allowing Mr. Simkin or some of his employees to come onto the property for a few
additional days after April 7th if that wem necessary to wind clown the business. This would require a mutual
understanding in advance of what wind-down work be needed. They would only be deemed trespassers
if they attempted to operate a businoss under the guise of t110 terminated loaso, if they interforod with the
incoming concessioner who would ha"" simult1111eous access to tho property, or if they in some other way
>fiolated federal law related to National Park land.
Once we know the time frames you propose, we could firm this up. Let me know what you think and when we
can set Lip a meeting.
Thanks,
Wynne
l lP!'I; I Im all. googl0. com/ m oi!l/b/ 1 Wl.lu!O/ ?t,1i=2&1k =I 5:34 7all664&v law=pt&cat =J tick ':i tloat houa i;iarch= ... 5/10
128/14DEPARTMEN'I THG INTERIOR Mall - Re: FW: J;:1ck's BofllhOllS('I
Wynne P. Kelly
U.S. Attorney's OIIicc Jbr the District ofColumbin
(202) 307-2332
wynnc. kc lly@u8doj.gov
From: Charles Camp [mailto:ccamp@"harlescamplaw.com]
Sent: Tuesday, April 02, 2013 4;22 PM
Subject: Re; CONFIDENTIAL SETTLEMENT COMMUNICATION
Any news?
On Apr 2, 2013, at 9:40 AM, "Kelly, Wynne (USADC)" <Wynne.Kelly@uscloj.(JOv> wrote:
Charles,
My clients aro meeting either around noon lime or early this <1Rornoon and I will let you know
what I hear back from thorn.
Thanks,
Wynne
ti IJS: I Im :;ii I ,googta. cam/ ni alt/ bl 1 52/u/ 0/?ul;::2&1k =f 534 768664& v &c ;11J 's Boathou:><:l&s.0<:1rc h , , 6110
OF THE M<ill" Rt.l: FW: Jack's Boathouso
From: Charles H Camp [mailto;ccomp@charlescarnplaw.com]
Wynne,
I just met with my client and he too believes it may be time to resolve difforcnccs 11nd move
on down the road. Can you plei1se got me a comprehensive oiler to end the lawsuit ASAP
that includes a payment to rny client fbr nll of his movable property needed to operate Jnck's
Bonthousc? So that my client docs not foci the need to irnnicdintc!y begin moving his
property off of the property, l need yom wrilte1.1 assurance, on bchalfoflhc NPS nnd Nl'F,
that neither ofthcn1 will do anything whatsoever lo seize or confiscate nny of'rny client's
property, or to take any personal adion ag,1inst Paul Simkin or any of cnl1loyoes (e.g.,
arresting anyone), drning this trarnition period.
Best regards,
Charles
<imago001.png>
Charles H. Camp
Law Offices of Chades H. Camp, P.C
Suite ll5G
Tel 202.457.7786
Fax 202.457.7788
Cell 301.461.0283
ttps :/Im all. gOOt!IO. com/mall/bl 152/ u/O/?ul=2&1k =I 5j4 /68664 a.v IElw;::;pt &cat =Jack's Bo<il ...
/20114DEPAHTMF,;NT OF THE INTERIOR M<.111- Ro: r:w: JJck's
To: Charles H Camp
Charles,
n1m1ks for yo1.1r message. I will double with my client (my main contact at NPS is Ollt
to(lay so I have e-mailed around owr there looking for a response), but I arn fairly certain that we
wol1lcl not agreo to such a shJy. I am going to b<J out the remainder of the day, bl1t if you need to
ret1ctl rno, rny work cell phone is (202) 809-5387. I will probably have the phone ringor off, but if
you leaw a message, I will got <I notification amJ call you right back. Also, I will be checking my
e-mail regularly.
Thanks.
Wynne
Wynne P. Kelly
Assistant United Slates Attorney
U.S. Attorney':; 0 !lice f(lr tho District of Columbia
(202) 307-2332
wy1111c. kclly(a]usdoj. gov
From: Charles H Camp [mailto:ccamp@charlescarnplaw.com]
t tpi; '.// gocglo, com/ m al I/bl 1 !;02/ t,1/0/?ul;:;2&ik =r 534 768664&\/ low::ipt &ct\l ac k's ... 8/10
Wynne.
Th(lnk you (or your call on Friday. I am mcding with my client this afternoon and will bo in
touch with you asap after thnt.
In the nicantirn<\ so that we all bt1vo tim_, to conic up with the best solution lbr <:vcryonc's
interests, will the NPS and NPF agree to a stay of the Court's Opinion and Mc1norandum
Decision for a reasonable period of time? !foot, I 'II need to file an emergency motion with
the Court ofAppeals today or tomorrow at the lmcst lbr injLU1ctivc relief' pending the appeal.
Best regards,
Charles
< irnaoeoo 1. png>
Ste"' LeBel
Cha.tics H. Camp
Law Offices of Chal"ics H. Camp, P.C.
Suite 115G
Tel 202.457.7786
Fax 202.457.7788
Cell 301.461.0283
Doputy Associate Regional Director, Operations and Education
Program Manager, Office of Business Sei"Aces
National Capital Region, National Park Se!"Aco
Phone: (202) 619-7072
Fax: (202) 619-7157
The information contained in this mos sage may be protoctoct by attorney-client or other prililege. It is intended
for tho use of the indilidu<lls to whom it is sent. Any pri\.ilege is not wai"3d by -.irtue of this ha-.ing boon sent by
e-mail. If the person 11ctually receiling this messago or any other rnmior of this message is not a named
recipient, any use, dissemination, distribution, or copying of this communication is prohibited. If yoll recei"' this
message in orror, please contact tho sender.
128/1ll.'IEPARTMENT Or.t l'Hfi INTERIOR Mllll - Fwd: FW:
Fwd: FW: Jack's Boathouse
Lackey, Melissa <melissa.lackey@sol.doi.goV> Wed, Apr 3, 2013 at 3:46 PM
To: Steve Whitesell <steve whltesell@nps.goV>, Lisa Mendelson <lisa_mendelson-lelmini@nps.goV>, Tara Morrison
<tara_morrison@nps.goV>, Steve LeBel <:ste\e_Jobel@nps.goV>, Barry Roth <barry.roth@sol.do1.goV>
Ste\e LoBel: You may want to confirm that this additional 5 days is what the incoming concessioner actually
wants, as it appears inconsistent with what its representative told Steve LeBel this morning.
One response could be that NPS would allow Jack's Canoes & Kayaks an additional 5 days to document and
close the sale of assets pro"1ded that. by April 7, Jack's and Boston Rec. confirm in writing to NPS that they
have reached an agreement in principle for the sale of identified personal property that needs only to be
documented and closed, and that any unpurchased personal property will be removed - both by COB April 12.
Please let me know how the NPS wishes to respond.
Melissa Lackey
Attorney Ad\isor
Mail Stop 5311
Phone: 202 513-0733 Fax: 202 208-3877
This e-mail (including any and all attachments) is intended for the use of the indl"1dual or entity to which it is
addressed. It may contain information that is pri"11eged, confidential or otheiwise protected by applicable law. If
you are not the Intended recipient or the employee or agent responsible for delivery of this e-mail to the intended
recipient, you are hereby notified that any dissemination, distribution, copying or use of this e-mail or Its contents
is strictly prohibited. If you received this e-mail in error, please notify the sender immediately and destroy all
copies.
--- Foiwarded message ---
From: Kelly, Wynne (USADC) <Wynne.Kelly@usdoj.go11>
Date: Wed, Apr 3, 2013 at 3:29 PM
Subject: FW: Jack's Boathouse
To: "Lackey, Melissa (molissa.lackey@sol.doi.9ov)" <melissa.lackey@sol.doi.goV>, "Robert Eaton
cloi. gov)" <:robert.eaton@sol. doi. go11>, "Barry Roth (harry. roth@sol. doi. gov)"
"barry. roth@sol .doi. goV>
ATIORNEY-CLIENT I ATTORNEY WORK PRODUCT
ttps ://mail,gaogle.com/m!lll/b/ 534"168664&\/ low=1lt&ct:1t t::tJack's Boathc:iu:su&sot1rohr.i,,,
1/g
(b) (5)
1,28/HDEPARTMENT Of: THE\ INTf.;RIOR M81! - Fwd: r-W: J<ick's
Dear DOI Team,
Wynne
Wynne I'. Kelly
Ass.istant United States Attorney
U.S. Attorney's Ollie(.\ for the District ofColumbh1
555 4th Street N.W.
wy1mc. kclly(it) usdoj .gov
From: David Haas [mailto:clhaas@clapllc.com]
Cc: Charles H Camp; Paul Simkin
ups: I Im all. google. com/ m <i!l/b/ 152/ u/01? 1,11 :;:;;2.&ik =f 534 7B8664&v &cal "'Jack' !3 Bo<ittlous o &sei:irch:;:; ...
')./9
l:?,f:lf1lDE;PARTME;NT OF THI:?. Mall - Fwd: FW: Jack':; Bo<1mol1s0
Wynne
I spoke with Paul Simkin m1d Miclael Aghajanian today, tmd both are amenable to tlllowing some additional time
to work out the sale of the Jack's Canoes and Kay<lks assets. As mentioned, I beliew, th<t an additional fi days
should allow tho parties to negotiate and hopefully conclu(Je a de<il in a rnoro orderly fashion.
If possible, would you pleMe get b>lCk to rne today and confirm that all relevant parties on your end are OK with
tt1is and that a 5"clay extension tias been gr<mted.
nmnks for your help.
Dal.id
D'1vid C. H'ias, Esq.
Capital Law .AssociaMs, PLLC.
1717 Rhode Island Avomrc, NW, Suite 900 I Washington, DC 200361Office202.463.0000x1011Mobilo202.2Tl.4446 I
Fax 202A 70.550fi
From: Kelly, Wynne (USADC) [mailto:Wynnc.l<elly@usdoj.gov]
To: Charles H Camp
Cc: David Haas
Ok
From: Charles H Camp [mailto:ccamp@charlcscamplaw.com]
Cc: David Haas
l I pi;: com I mal lfbf 152./u/0/1 u r.1f 534 768664& v lcw=pt&c m zic k's l;loathous e&:s oarc ti= ...
319
12t'.)/1lEPARTMENT ()r THI.; INTERIOR Mall - FW<I: t:w: Jack's Boathouse
Wynne,
Paul Simkin the owner oi'Jack's Canoes & Kayaks has engaged DHvid Haas, a corporate lawyct', to handle
the negotiations and papering of the sale ofJack 's assets to the incoming concessionaire. I've copied David
on this email and he'll bo in touch with you rrKnnontarily.
Bost regards,
Charles
LAW CJFFitES OF'
CHARLES H.
Charles H. Camp
Suite 115G
Tel 202.457.7786
Fax 202.457.7788
Cell 301.461.0283
www.charlesca111plaw.com
tt rs: I Im all, google. com! m <'Ill/ b/ 102./ u/ 0/ ?ul ;:;?,&lk =f 534 788884&v low,,1p1 &cat =Jack's e::irc h= ... 4/9
128/1lllEPARTMENl Of': lHE INTERIOR Mall - Flr'v'd: FW: J<'.!Ck's BOcilhOll:JO
Sent: Tuesday, April 02, 2013 6: 58 PM
To: Charles Camp
Dear Charles,
Thanks for your pationco. I've talked with DOl's couns0I and they are tentatively amenable to focilitating"
meeting with your client and tho incoming concessioner to discuss what personal property tM latter would want
to keep on the parcel of lrn1d to begin non-motorized boat operations and what payment for that properly woulcl lie
appropriate. In that rogmcl, it WOlild be helpful to hM a list of person<>I property your client would like to soil
or, if not sold, remow. Should these ne9otiations not be finished by April 7th, or should the negotiations fail,
NPS would be willing to permit an additional reasonable period of time (5-7 days) for your client to arranoo for tt1e
removal of its personal property from the real property (at your client's expense). Nf"S also is t1rnenable to
allowing Mr. Simkin or some of his employees to corne onto the property for a few additional days after April Ith if
th<lt woro nocessary to wind down tho businoss. n1is would require a mutut1I understanding in advance of what
wind-down wmk would be neode<I. They would only be deemed trespassers if they attempted to opernte a
business under tho guiso of tho terminated lease, if thoy interfered with the incoming concessioner who would
ha>M simultaneous access to the property, or if they in some other way violt1tod fo(leral law related to Nr1tional
f'ark land.
Once wo know the time frames you propose, we coulrJ firm this up. Let me know what you think and when w1;
can set up a meeting.
lhanks,
Wynne
Wynne I'. Kelly
U.S. Attorney's 0 flico Jbr the ofColt1mbia
555 4th Stred N.W.
(202) 307-2332
wynnc.kclly(il)usdoj.gov
; 11 mail. googla. com/mall/ b/ 152/ ll/O/?u i"'2&1k $34160664 & v lew=pl &cal =Jack ':s Boat hOllS o&scarc , ,
12al1(11EDARTMENT OF THE INTERIOR M.all" fwd; FW: Jack':; Boalh0u$O
From: Charles Camp [m'1ilto:ccamp@cl1arlescampl21w.com]
Any news?
On Apr 2, 2013, at 9:40 AM, "Kelly, Wynne (USADC)" <Wynne.Kelly@US(ioj.gov.> wrote:
Charles,
My clients are mooting either around noon time or early tl1is afternoon and I will let y o ~ know what I
hear back from thern.
Thanks,
Wynne
5ent: Monday, April 01, 2013 3:09 PM
Wynne,
l just met with my client and ho too believes it may be time to resolve difforcnces and nxiw on
down the road. Can you please get me a comprehensive offer to end the lawsuit ASAP thnt
includes a payment to my client for all of his nl(Wnblc property needed to operate Jack's
Boathouse? So thnt my client docs not loel the nocd to immediately begin moving his property
offofthc properly, I need your written assLuance, on bchalfofthe N PS and N PF, that neither
of them will do anything whatsoever to scim or confiscate any of my client's property, or to
talw any pcrsonnl action against Pnul Simkin or any of his employcos (e.g., arresting anyone).
during this trnnsition period.
619
120/Htll::PARTMJ:;NT OF THE INTER I Mall - Fwd: FW: J!lck's
Best regards,
Charles
<imago001.png>
Charles H. Camp
Suite ll.5G
Tel 202.457.7786
Fax 202.457.7788
Cell 301.461.0283
www .charlescmn plaw .com
To: Charles H Camp
Charlef::i,
Thanks for your message. I will double check with my client (my main contact 11t NPS is out today
so I ha"1 o"mailed around over there looking for a responso), but I am fairly certain that we would
not to such a stay. I am going to be tho remainder of the day, but if need to reach
me, my work cell phone is (202) 809 .. 5387. I will probably h<1ve tho phone ringer off, but if you loaw
a message, I will got a notification and call you right back. Also, I will be chocking my email
ro\)ularly.
Thanks,
l tps : // mllil. googl8. com/mall/ bl 1 621 =f 534 7GIJ664&v =Jack's Boat twusc&s earch;::: ... 'I/fl
128/14\EPARTM!:!NT OF THE INTERIOR M<.111" Fwd: FW: Jack's Boathouse
Wynne
Wynne P. Kelly
Assislmll United States Attorney
U.S. Attorney's Ollicc !hr the District ofColrnnbia
555 4th Street N .W.
(202) 307-2332
wynnc. kelly(i1) usdo_j. gov
From: Charles H Camp [rnailto:ccarnp@charloscarnplaw.co111]
Sent: Monday, April 01, 2013 11.: 10 AM
Wynne,
Thank you for your call on Fridny. I am meeting with my client this allcrnoon and will be in
touch with you asap ufkr that.
In the meantime, so that we all have lime lo come up with the best solution lhr everyone's
interests, will the NPS and NPF agree to a stay ofthc Cornt's Opinion in1d Memorandum
Decision for a reasonable period of time? Ifnot, I'll need to file an emergency motion with the
Court of Appeals today or tomorrow at the btcst fbr relief pending the appeal.
B<,st regards,
t lp:s :// m <ill. goo\'.jle. cam/mall/bl 152/ u/O/ r;?, &Iii; :;;f 534 768664&v low=Jpt &cat =Jack' .s 80<11 ho us e&s e:;i.rch = ... 8/9
OF THE INTERIOR Mall FW: Jack's Boalhou:;u
Clmrles
<irnage001.png>
Charles H. Camp
Suite 115G
Tel 202.457.7786
Fax 202.457.7788
Cell 301.461.0283
www .chal'lescamp law .com
ti rs: I I rn googlo. com/ m <ill/bl 11:12/u/O/?ul =2&ik =f 534 7G(ltltl4 & v low;;ipt &c :;it =Jack':; 80<.1\ tious e&s earch = ...
919
Re: FW: CONFIDENTIAL SETTLEMENT COMMUNICATION
LoBel, Steve <ste'13_1abel@nps.goV> Wed, Apr 3, 2013 at 2:02 PM
To: "Lackey, Malissa" <melissa.lackey@sol.doi.goV>
Cc: Stew Whitesell <stew_whitesell@nps.goV>, Lisa Mendelson <:lisa_mendelson"ielmini@nps.goV>, Tara Morrison
<tara_morrison@nps.goV>, Phlllp Selleck <Philip_Selleck@nps.goV>
Photos from Sunday and today attached.
It appears Simkin has consolidated his personal property on the dock, howa;13r we were unable evaluate the
office shed through the "window treatments."
On Wed, Apr 3, 2013 at 1:48 PM, Lackey, Melissa <melissa.lackey@sol.doi.golP wrote:
FYI
Melissa Lackey
Attorney Ad;isor
Mail Stop 5311
Phone: 202 513-0733 Fax: 202 208-3877
This email (including any and all attachments) is intended for the use of the indi;idual or entity to which it is
addressed. It may contain information that is pri;ileged, confidential or otherwise protected by applicable law.
If you are not the intended recipient or the employee or agent responsible for doliwry of this ernail to the
its contents Is strictly prohibited. If you receiwd this e-mail In orror. please notify the sender immediately and
destroy all copies.
---- Forwarded message ----
From: Kelly, Wynne (USADC) <Wynno.Kelly@lJsdoj.goV>
Date: Wed, Apr 3, 2013 at 1:37 PM
Subject: FW: CONFIDENTIAL SETTLEMENT COMMUNICATION
To: "Lackey, Mollssa (melissa.lackey@sol.doi.gov)" <meliss'1.lackey@sol.doi.goV>
Latest developmenl
ENIOfR M'111 FW: CONFIDENTIAL COMMUNICATION
O;; David Haas
Subject: RE: CONFIDENTlAL SITTl..EMENT COMMUNICATION
Wynn<:,
Paul Simkin the owner of Jack's Canoes & Kayaks has engaged David Haas, a corporate lawyer, to
handle ti"' negotiations and papt:ringofthc sale of.lack\ assets to the incorningconccssionain:. I've
copied David on this email nnd he'll be in touch with yol1 rmmcntarily.
Rost
Charles
: . < i.J\w ORRic;Es. oP !....... . (>
CI-I.ARLESH.cAMR'(:
Charles H. Camp
Suite 115G
Tel 202.457.7786
Fax 202.457.7788
Cell 301.461.0283
U pa; 11 mall. googto. com/ m cil!I bl 1 S21 ul0/?ul=2&ik =f 534 7 68554& v IOW'"PI &c at=J ack':s Boaltlou:> o&searn h;:;, ..
croc:1fR R.G: FW: CONFIDEN'r!AL SElTTtE;ME;NT COMMUNIC!'il'ION
w ww .char lescam p faw .com
ffom: Kelly, Wynne (USADC) [mailto:Wynne.Kelly@usdoj.gov]
To: Charles Camp
Subject: RE: CONFIDENTIAL SE:ITLEMENT COMMUNICATION
Dear Charles,
Thanks for your patience:. l'w talked with DOl's cour1s0I and they am ter1tatiwly <imenablo to facilitating a
meeting with your client and the incomin9 concessioner to discuss what personal property the latter would
want to keep on the parcel of land to begin non-motorized boat operations and what payment for that property
would be appropriate. In that regard, it would bo helpfLll to ha"' a list of the personal property your client would
like to sell or, if not sold, remo"". Should those negotiations not be finished by April 7
11
\ or shoL1ld the
negotiations fail, NPS would be willing to permit an additional reasonable period of time (5-7 days) for your
client to arrange for the removal of its personal property from the real property (at yoL1r client's expense). NPS
ulso is amenable to allowing Mr. Simkin or soma of his employees to come onto the property for a few
additional days aftor April 7th if that wore necessary to wind down tho business. This would require a mutual
understanding in advance of what wind-down work would bo needed. They would only be deemod trespassers
if t11oy attempted to operate a business the guise of the terminated le<1s0, if they interfered with the
incoming concessioner who would ha"" simultaneous access to the property, or if they in some other way
1.iolated federal law related to National Pnrk land.
Once we know the time frnmes you propose, we coulrJ firm this up. Let rne know what you think and when wo
Wynne
Wynne P. Kelly
Assistant United SWtcs Attorney
U.S. Attorney's 0 Hice lbr the District ofCohunbia
(202) 307-2332
tips; I Im ail. googl19. com/ b/ 1521 u!OI ?ul=2&ik =f 534 7G6Gtl4 & v lewr.ipt &ca\ ;:Jack s Boo1tt1ousc&searc; h= ...
E I O ~ Mall Ho: FW: CONFIDENTIAL SETTLEMENT COMMUNICATION
wynnc. hlly(ii)usdoj.gov
From: Charles Camp [nwilto:ccamp@lcharlescampl<Jw.com]
Any news?
On Apr 2, 2013, at 9:40 AM, "Kelly, Wynne (USAOC)" <Wynno.Kelly@usdoj.gov> wrote:
Charles,
My clients are meeting either around noon time or early this afternoon and I will let you know
what I hear back from them.
Thanks,
Wynne
From: Charles HCamp[mailto:c;camp@lcharlescamplaw.c;om]
Wynne,
I just rnct with my client and he too believes it may be time to resolve dilforonccs and move
on down the road. Can you please get me a comprehensive offer to end the lawsuit ASAP
that includes a payment to my client for all of his 111owblc property needed to operate Jnck's
Bonthomc? So that rny client docs not foci the need to immediately begin moving his
llps : 11 m.oll, googla. com! rnaill b/ 152/ u/ O/?uJrn;;i,&lk ;;;f 534 768664&v !uW=p\&cat r.iJ ack 'a Boalhousu&so<.1rc h '", , , 4/11
ml.Om fl.e; FW: CONFIDENl'IAL COMMUNICATION
property off of the property, l need yom written assHrnncc, on bchalfofthc NPS and Nl'F,
that neither of them will do anything whntsocvcr to or confocatc any of'rny client's
property, or to take any personal action against Paul Simkin or any ofhis crnployocs (e.g.,
arresting anyone), during this trnnsition period.
Best regards,
Chnrlcs
<im<ige001.png>
Charles H. Camp
Law Offices of Charles H. Camp, l'.C.
Suite l15G
Tel 202.457.7786
Fax 202.457.7788
Cell 301.461.0283
From: Kelly, Wynne (USAIX) [rnailto:Wynne.Kelly@uscloj.\JOV]
To: Charles H Camp
Subject: RE; CONFIDENTIAL SETTLEMENT COMMUNICATION
Charles,
Thanks for your message. I will doutJle check with rny client (my main contact at NPS is out
today so I ha"' e-maileli around o"'r there looking ror a response), but I am fairly certain that we
wo1Jld not agree to sud1 a stay. I arn 9oing to be out tho remainder of the tJut if you need to
reach me, my work cell phone is (202) 8095387. I will probably ha"' tho phone ringer off, but if
you lcawi a message, I will get a notification and call you right b<lck. Also, I will be checking my
It ps :// m ai l.googlo, com/ m i:1UI I)/ 1 $2/u/O/?ul=2&!k. =f 5:34 7tl ll66'1 e..v l1;1w=pt&cat =Jack'::> r:k.i()thouse&s 0E1rch::::i, , , 5/11
ll'tt<.lF!I Mall" He: FW: CONFIDENTIAL SETTLEMENl COMMUNICATION
e-mail regularly.
Thanks.
Wynne
Wynm: P. Kelly
Assist(mt United States Attorney
U.S. Attorney's ()f!ic.c for the District ofColurnbia
555 4th Street N.W.
Washitii,,>1.on, D.C. 20530
(202) 307-2332
wynnc.kdly@.usdoj.gov
Wynne,
Thank you RJr your call on Friday. I mn rnocting with my client this al\crnoon and will be in
touch with you asap allcr that.
In the nMmtirno, so that we all have time to corn<.' up with the best solution for everyone's
interests, will tho NPS and NPF agree to a stay of the Cow'l's Opinion and Memorandum
Decision for (I rcasonnblc period of time? lfnot, I'll need to file an emergency motion with
Lhc Court of p p e a l ~ today or tomorrow at tho Jatost for it\jLmctivc relief pending the appeal.
6/11
tmOIR Mail - Ro: FW: CONFIDEN1'1AL St!ilt.LlMENT COMMUNICATION
Best rcgm-ds,
Charles
<irnage001.png>
Ste"" LoBel
Charles H. Camp
Suite ll5G
Tel 202.457.7786
Fax 202.457.7788
Cell 301.461.0283
www .charlescamplaw .<:om
Nationt1I Capital Region, National Park Ser.ice
Phone: (202) 619,7072
Fax: (202) 619-7157
The information contained in this message rnay be protected by attorney-client or other pri;ilege. It is intended
for the use of n1e individuals to whom it is sent. Any pri;ilege is not wai""d by \irtue of this ha;ing been sent by
e-mail. If the person actually recei;ing this message or any other reader of this message is not a named
recipient, any use, dissemination, distribution, or copying of this communication is prohibited. If you recei"3 this
17 attachments
ttps ://mall.gaogle.com/ma!l/b/152/u/O/?u!=2&ik==f 5:34 760664 &v Boalhousa&semch= ... 7/11
ENIDJR Mall - Ro: ~ w CONFIOENTJAL SETILEMENT COMMUNICATION
' 4.3.15 Office Shed & Trailer Front from Shoreline.JPG
55K
3.31.13 From Key Bridge 1.jpeg
235K
3.31.13 From Key Bridge 2.JPG
222K
4.3.13 Deck 1.JPG
SOK
4.3.13 Deck 2.JPG
60K
tips :// m al I, googli;i. com/ mall/ bl 1 52/u/O/?u 1;;;2&ik =f 534 76B664&v IOW".ipt &c i;it mJ .!:lO k ':!? Boat ho us o&s oi::1rc h"' ..
B/11
[f.6tJJR - Re: FW: CONF1DF.:NTIAL SETTLEMENT COMMUNICATION
. 4.3.13 Deck 3 Canopied Area.JPG
54K
4.3.13 Deck 4 Tables.JPG
45K
4.3.13 Dock 1.JPG
41K
4.3.13 Dock 2.JPG
46K
4.3.13 Dock 3.JPG
34K
Ups:// mall. gcog!o. com/m ;;ill/bl 152/ u/O/?ull:1:.?.&lk ;::f 534 768664&v &cr;it ;:::J ;;ick 's Bo<lt ho us ..
9/11
rnl.OJR Mall" CONFIDENTIAL COMMUNICATION
4.3.13 Dock 5.JPG
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4.3.13 Downstream Stairs.JPG
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4.3.13 Main Stairs.JPG
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4.3.13 Main Stairs & Dock Ramp.JPG
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4.3.13 Office Shed Rear.JPG
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Hps: // rn <ill. l'.JOOgle. com Im all/bl 152/u/O/ ?i.11 ;::,::?, &lk =f 534 768664&v 1cw1;1pt &oat =Jack ':s h= ..
10/11
~ R O R Mall - Ro: r:w: CONFIDENTIAL SETrLt:MENT COMMUNICATION
4.3.13 Water St View Middlo.JPG
39K
4.3.13 Water St View Upstream Side.JPG
39K
t tps: 11 m t!ll. goor.ito. com Im 1;111/bl 152fl1/0/?uli:;:il,&.lk. f 534 708664& v low"llpt &c 1;1t =Jack s ao<1t ho us e&s earc h= .. 11111
- FIN(l: CONFIDENTIAL SETJ'LRMF.NT COMMUNICAllON

-
Fwd: FW: CONFIDENTIAL SETTLEMENT COMMUNICATION
Lackey, Melissa <melissa.lackey@sol.doi.gov.> Wed, Apr 3, 2013 at 1:48 PM
To: Ste"' Whitesell <ste...,_whitesell@nps.gov.>, Lisa Mendelson <lisa_mondelson-ielmini@nps.gov.>, Tara Morrison
<tara_morrlson@nps.goV>, Steve LeBel <ste'.<ljebel@nps.gov.>, Barry Roth <barry.roth@sol.doi.goV>
FYI
Melissa Lackey
Attorney Ad\isor
Mail Stop 5311
Phone: 202 513-0733 Fax: 202 208-3877
addressed. It may contain inrormation that is pri\ileged, confidential or other.vise protected by applicable law. If
is strictly prohibited. If you received this e-mail in error, please notify the sender immediately and destroy all
copies.
----- For.varded message ---
From: Kelly, Wynne (USADC) <Wynne.Kelly@usdoj.(JOV>
Date: Wed, Apr 3, 2013 at 1 :37 PM
To: "Lackey, Melissa (rnelissf1.lackey@sol.doi.9ov)" <rnelissa.l11ckey@sol.doi.90V>
Latest de'.<lloprnont
From: Charles H Camp [mailto:ccarnp@charlescamplaw.com]
C.c: David Haas
t I ps: 11m <1!1. google. com I rn all/bl 1 02/\J/0/?ui=2&1k =f 534 76 66648.. v levr-pt&c<.1l t1ck '!'I Baathous o&e emch;;;, ..
117
R'.1ID'Fl4Mall - F'M.1: FW: CONFIOF-NTJAL SETTLEMENT COMMUNICATION
Wynne,
Paul Si111kin the owner of Jack's Canoos & Kayaks has engaged David Haas, a corporate lawyer, to handle
the negotiations and papering of the sale of.Jack's assets to the incoming concessionaire. I've copied David
on this email and he 'II be in touch with y0Lt 111oment11rily.
Best regards.
Charles
LAVI/ OFFICES OF
CHARLES a. C.t\MRc
Charles I-1. Camp
Law Offices of Charles I-1. Camp, P.C.
1025 Thomas Jefferso11 Street, NW
Suite 115G
Tel 202.457.7786
r:ax 202.457.7788
Cell 301.461.0283
From: Kelly, Wynne (USAOC) [rnailto:Wynne.Kelly@usdoj.gov]
tips ; I Im al\. googlo. com/ m al!/ bl 1621 =f 534 768664& v <1\ r;iJ ack 's Boal house&s ot1rc , , ?.If
Fwd: FW: CONFIDENllAl. COMMUNICAl'ION
To; Charles Camp
Subject; RE: CONFIDENTIAL SETTLEMENT COMMUNICATION
Dear Charles,
Thanks for your patience. l'IA') talked with DOl's counsel anrJ they are tentatively amenable to facilitating a
meeting with your client and the incoming concessioner to discuss what personal property tho latter would want
to ke<>p on tho parcel of land to bo9in non"motorized boat operations and what payrnont for that property would be
appropriate. In th<1t regmcl, it would be helpful to have a list of the personal property your client would like to sell
or, if not sold, rernove. Should these negotiations not be finished by April 711
1
, or should the negotiations fail,
NPS would bo willing to permit an additional reasonable period of time (5"7 days) for your client to arrange for tho
rernOV<:ll or its personal property from the real property (at your client's expense). NPS also is arnen<1ble to
allowing Mr. Sirnkir1 or some of his employees to corno onto the property for a few additional days after April 7th if
that were necessrny to wind down the business. This would require <1 mutual understanding in advance of what
wind"down work would be noedocl. They WOLllCI only be deernocl trespassers if they attcmpteL1 to operate t
business under the guiso of lhe terminated lease, if t11oy intcrrered with th0 incoming concessioner w110 would
have simultaneous access to the property, or if they in some othor way violated federal law rclatorl to National
Park land.
Once we know the time rrames you propose, wo could firm this up. Let me know what you think anrJ when we
nianks,
Wynne
Wynne P. Kelly
AssL,tant United States Attorney
!JS. Attorney's (}ffic<' for the [)l,trict ofColurnbin
555 4th Street N.W.
(202) 307-2332
wynno. kolly(i1) usdoj .gov
t tps: //mall. googlo. com/mill I/ b/ 152/u/O/?ul=2&1K =r 534168664& v lew;;;pt&cat =Jack s Boci\hous o&s aarch = ...
31'1
fa6l'rt.'1MJll - Fwd: FW: CONFIDENTIAL COMMUNICATION
From: Charles Camp [m<1ilto:ccarnp@cl1arlescampl<1w.com]
Any news?
On Apr 2, 2013, at 9:40 AM, "Kelly, Wynne (USADC)" <Wynne.Kelly@ust.loj.gov.> wrote:
Charles
1
My clients are meeting oiU10r around noon time or early this afternoon and I will let you know what I
hear back from thorn.
Thanks.
Wynne
From: Charles H Camp [mailto:ccamp@charlescarnplaw.com]
Wynne,
l just mot with my client and he too believes it may be time to resolve differences and move on
down the road. Can you please get me a comprehensive oiler to end the lawsuit ASAP that
inclLtdcs a payment to my client for all of his movable property needed to operate Jack's
Boathouse? So lhal my client docs not foel lhc need to immediately begin moving his properly
off of the property, I need yam written assurance, on bchalfof thc N PS and N PF, thut neither
of them will do nnything whatsoever to sei;-c or confiscate any of my client's properly, or to
take any personal action against Paul Sinikin or any of his c111ployccs (e.g., arresting anyone),
during this transition period.
tips :/I mall. googtu. com/mall/ bl 1 l:i2/ 1,1/0/?ul;:::?..&Jk =f 534 768664&v <it Boal hou:se&soarc , . 417
llJIDtl4Mllil - r-W<t: rw: CONFIDENTIAL S!!lTLEMENT COMMUNICATION
Host regards.
Chnrlcs
<image001.png>
Charles 1-L Camp
Suite 115G
Tel 202.457.7786
Fax 202.457.7788
Cell 301.461.0283
www.chal'iesca1uplaw.com
To: Charles H Camp
Char1es1
Thanks tor your message. I will double chock with my client (my main contact at NPS is out todEIY
so I have e-mailed around over there looking for a response), but I am f<>irly certain that wo WOlild
not aoree to such a stay. I am going to be out the remainder of the day, bllt if you need to reach
mo, my work cell phone is (202) 809-5387. I will probably haw tl10 phone rin9cr off, but if you lcaw
a message, I will get a notific<1tion and call you right back. Also, I will be checking my e-mail
regularly.
Thanks,
l l ps : 11m til I. google. com/man/bl 152/ u/O/ ?ul;;;2&ik =f 534 761J664&v lew:;opl &cat =Jack' .s Bo<ithOu5e&s earch= ... 517
.tlBJ'J'lf1MnU - Flr'v'd: FW: CONr-lDl'.lNTIAI... SETTLEMENT COMMUNICtil'!ON
Wynn0
Wym1i: P. Kelly
Assistant United Sl<llcs Attorney
U.S. Attorney's (}!lice for the D.istrid ofColumbia
555 4th Street N.W.
W<lshington, D.C. 20530
(202) 307-2332
wynnc. kclly@usdoj.gov
From: Charles H Camp [mallto:ccamp@charlescamplaw.com]
Subject: CONFIDENT1AL SETTLEMENT COMMUNICATION
Wynne,
Thank you tbr your call on Friday. I am meeting with rny client this allcrnoon and will be in
touch with you asap after that.
In the meantime, so that we all have time to come up with the best solution Ji"Jr everyone's
intcrc:sts, will the NI'S and Nl'F agree to a stay of the Corut's Opinion and Mcmornndurn
Decision tbr a reasonable period of time? lfnot, I'll need to file lm emergency motion with the
C:owt of Appeals todny or tomorrow at the latest for injunctive relief pending the appcnl.
Best regards,
l l ps: 11 mall. googlo. com/ m 1 1 b 1 S?./ u/O/?ul=2&ik =f 534 "f68604 &v lew;;;pt&c at =Jack's B o ~ t house&search= ... 6/"l
FW(I: t:w: CONFIDENTIAL SETTLEME'.N'I' COMMUNICATION
Charles
<image001.png>
Charles H. Camp
Suite 115G
Tel 202.457.7786
I' ax 202.457. 7788
Cell 301.461.0283
ltps :/Im i:1ll, gaag!e. cam/ mai!I b/ 152/li/O/? u(1:?. &lk. ;;;f 534 768664&v =J 8C k's aoathous 0&s0arch=, , , 717
4RBDRI M:::I - Fw: [Now post] Jcwk's Oof.11hQllSO Owner l..0$0S t<ey Decision

.
Fw: [New post] Jack's Boathouse Owner Loses Key Decision
Tammy Stidham <tammy_stidham@nps.goV> Wed, Apr 3, 2013 at 10:06 AM
To: potor_may@nps.gov, Lisa_Mendelson"lelmini@nps.gov, Stow_Whitesell@nps.gov, stewJebol@nps.gov,
Tara_ Morrison@nps.gov
T<irnmy Stidham
Nation<il Capital Region
voice - (202)61.9-7474
cell - (202)438-0028
fax - ( 202)401-0017
tammy _stidham@nps.gov
from: Tl1e GMrgetown Metropolitan [111ailto:comment-reply@worclpress.co111]
Sent: Weclnesclay, April 03, 2013 07:00 AM
To: tammy __ stidham@nps.gov <t<imrny __ sticlham@nps.gov>
Subject: [New poslJ Jack's [Joathouse Owner Loses Key
H.ospond to thit>por,t by roplying t11islin8
New post on The Georgetown Metropolitan
Jack's Boathouse Owner Loses Key Decision
by TQPIJ_m
t t ps :I Im all. gaag la. com/ m <ill/bl 152.lli/ 01 "/68664 & v leW'"Pt &cal =Jack's Baathauso&s oarc tJ::::i . 113
.fi8DRI Fw: [Now post) JJcK's 801;1thol1se Owner Loses Key Doclslon
Last week, District Court Judge Colleen Kollar-Kotelly issued a rLiling in Paul Simkind's
lawsuit against the Park Service and DC. It didn't go his way.
Simkind is suing both the District and the Park Service in order to argue that the transfer
of the parkland from DC to Ni>S was invalid and even if it were valid it was subsequently
rescinded.
It's a long decision and a bit dense with legalese, but the long and the short of it is that
the court rejected Simkind's case against the District. It didn't rule on his claims ag<Jinst
NPS, and will do so in a separate opinion, but it's hard to see how that ruling would be
any different.
I.<:>.PlJ.l'L I April 3. 2013 at 10:00 am I Cnto9orlcs: 'LQ\11'\m; I URL: l1.\ln:l!WfULL\lW.lllfL'io_:)_11}_
Unsubscribo or ch<;111gc ytlLir ernHil settings ..
Trouble clicking? Copy <il'ld pas1e !his URL into your browsnr:
I i (11 n . co rn .. 1::!1L9..::.9 w n
Thmil<s for flying Word Pross.com
ttp:i ;/trnall,goog!a.comfmB!lfbf '/68664 e.v lew:;;pl&c1;1t=Jack's .. ,
213
fl.
1
l:'111 Fw: [New pot;!] Jcick's Bo::ithouse Owner Losos l<oy Doclslon
ttps: //mall. CQm/ m bl 1521 ulOl?ul=2&1k /fj 0664&v lew=pt&cat =Jack':> Oo;at ho us l;'l 8.search= ..
l:z'Wr'l T:H?: INTERIOR Mall - RE>: KrJy Bo<ilhOll!3a - Current
Re: Key Bridge Boathouse - Current Removal
LeBel, Steve <ste1,e_lebel@nps.goV> Wed, Apr 3, 2013 at 10:03 AM
To: "Mendelson, Lisa" <lisa_mendelsonielmini@nps.goV>, Ste\{/ Whitesell <Ste1.e_Whitesell@nps.goV>, Philip
Selleck <Philip_Selleck@nps.goV>, Tara Morrison <Tara __ Morrison@nps.goV>, Melissa Lackey
<Melissa.Lackey@sol.do1.goV>, Robert Eaton <robort.eaton@sol.doi.goV>, Barry Roth <barry.roth@sol.doi.goV>
I spoke with Mike, Boston Rec. at 9:30 this morning (Weds.)
He ad>Ases the following:
1. Simkin believes he is "too close" to the sale of assets and has hired a broker,
2. Simkin pro>Aded Mike with an asset list he (Mike) is comfortable with, specifically Simkin's insurance policy.
3. Simkin and Mike are In negotiations, and asks NPS does not become imol"'9d, other than confirming real
property.
4. Mike is uncomfortable with extending the vacate deadline, as he believes the date certain (April 7) adds to his
negotiating position.
5. Mike states Simkin's intent is to sell the assets "as is" and "whore is."
6. Mike b0liEMlS Simkin and he will come to an amicable agreement prior to or on April 7.
7. Mike states the "mood is positive, he's cooperating".
8. Mike belie1.es Simkln's conceided he (Simkin) is vacating.
9. Mike states Simkin is ad>Asing his staff to find new employment. Erin Schaff, Jack's General Manager, has
contacted Mike concerning employment.
On Wed, Apr 3, 2013 at 9:17 AM, Mendelson, Lisa <lisa_mendolson-ielmini@nps.goV> wrote:
I'm going to forward this to Barry Roth, SOL, in this, he was on the phone call yesterday about the fixtures,
thanks.
Lisu ,,,ti('/'
l)cpnt.y Rcgion;;tl 11irceto1
Park Service
2<b619-7023 ol'lkc
202-297-1338 cc II
On Wed, Apr 3, 2013 at 9:11 AM, LeBel, Steve <stew __ lebel@nps.gov.> wrote:
WASO belie1.es it to be part of the realty.
: ----- Forwarded message ---
From: Hecox, Debra <clebra_hecox@nps.goV>
Date: Tue, Apr 2, 2013 at 4: 18 PM
Subject: Re: Key Bridge Boathouse - Current Remov.:il
To: "Walter, Lorene" <lorcne_w<1iter@nps.goV>
Cc: Ste1.e LeBel <steve_lebel@npS.()OV>, Deborah Har1.ey <deborah_harvey@nps.goV>
t tp:!! :/I mail. googlo. com/ 1 52/ u/O/?u 1=2 ll.lk =f 534 7G00Ci4& v lewr.ipt Ilic al=J ac k ':; ho us o&s (larch= ...
ll'W'F'l':"HE INTERIOR Mall - Ro: Koy f.lo.::lt!lO\J!;le - Current Remov!ll
Lorene:
I the issue is what was in tho leaso that preceded the contract. But aside from the documentation,
does it appear that the stairs and dock are so attached to tho land to bo part of the realty as opposed to
movable personal property? I think you answered that it appears they are part of the realty. Maybe Steve
can answer the FMSS question.
Thanks for the quick response, by the way.
On Tue, Apr 2, 2013 at 11:50 AM, Walter, Lorene <lorene_walter@nps.gov;> wrote:
Hollo Debra
Maybe I've misunderstood the question being asked.
I am assuming this is TC-ROCR004-12?
. The deck is clearly identified In Exhibit C of the signed contract as being Federal Real Property assigned
to the concessioner.. Since the stairs appear to lead one form the Deck to the water I would hold them in
the same category.
1. Deck
The deck appears to be "built into" the hillside which, If remo'-'>d may require reinforcement by some other
means. I believe that would fall under the
2. Stairs
The stairs are definitely not something you just pick and move These are cut into the hillside -
hard to tell whether or not concrete is beneath the treads or at the top and sides.
All of this makes me question why a Location Record was not created in FMSS for this new agreement (I
have searched the database and could find no record of it assigned to FM or CS).
Let me know if there is something I missed.
:-)
L
On Tue, Apr 2, 2013 at 9:28 AM, Walter, Lorene <lorene_walter@nps.gov;> wrote:
On Tue, Apr 2, 2013 at 9:10 AM, Hecox, Debra <debra __ hecox@nps.grnP wrote:
Lorene:
Since Deb is out this week, could you weigh in on whethar the docks, stairs, etc., arc real property
fixtures that stay with the property? Steve Lebel probably Is your best source for details (although
quite a few appear below In the string of emails). Melissa also may ha"" some valuable information.
Thanks.
' ------Forwarded messago -------
From: LeBel, Steve <steve_lebel@nps.(JOW'
Dato: Mon, Apr 1, 2013 at 8:28 AM
Subject: Fwd: Key Bridge Boathouse - Current Removal
: To: Robert Eaton <robert.eaton@sol.doi.gov;>
' Cc: Tara Morrison <Tara_Morrison@nps.go\/.>, Walter McDowney <Walter ___McDowney@nps.gov;>,
Melissa Lackey <Melissa.Lackoy@sol.doi.gov;>, Deborah Harvey <deborah ... harvey@nps.gov>, Ste'-'>
Whitesell <Stew ___Whitosell@nps.gov;>, Philip Selleck <1hilip_Selleck@nps.gov;>, Lisa Mendelson
<lisa_mondolson-lelmini@nps.gov;>, Debra Hecox <debra ___hccox@nps.gov;>
tips: f Im all. googlo. com/ m <1111bl1521 \J!O/ ?ui=2&ik =f 534 766064 &v low;11pt&ci;il =Jack ':s hOLI$ c&s aarc h = ... 215
II8'llPl7HE INTERl()R M.::111 Ro: Key Bridge Boathou:;o .. 'Currcnl Horooval
Rob -
Mike, the new temporary concessioner, has boon in discussion with Paul Simkin ref. his personal
property, with a particular interest in the wooden dock. Mike understands from his con"'3rsation that
Simkin plans to remo'-"' e"'3rything on site, including the deck and the stairs to the dock, which are
amxod to the property. This leads both Mika and I to belle\\'.l Simkin does not understand what
constitutes personal property and what constitutes real property, which we belle\\'.l belong to the
gowrnment. It is our position the deck and stairs are the property of the go'1lrnment, and ha""
attached so\\'.lral photos of the dock and deck to this email.
l'w copied Deb HaMJy to confirm these assets are roal property.
lfwe are correct, could we ask tho AUSA to contact Simkin (through Camp) to clarify this?
Thanks I
From: Michael Aghajanlan <michael.<lghajaniun@boatinginboston.com>
! To: Ste"" LeBel <stovo...)ebel@nps.gov.>, "McDowney, <walter .. .rncclowney@nps.gov.>
Stew/Mac,
I ha'-"l been going back and forth with Paul this weekend we are not close yet to a deal but it's cordial
and productiw.
There has been a list of assets created, howewr some of them are improwments or fixtures to the
property such as the Deck, Stairs, Garden etc, As I understand it those would now be the property of
the NPS. Has anyone made this clear to Paul on what is to be remo'1ld and what stays? Also will
aryone be monitoring this?
Hope you gentlemen had a good weekend. Ste"" if you could give me a call when you get in that
would be great.
http ://www. Bo<1ting In Boston. com
T: (617)299"3392x 10
L.ono
, Bo11ting In Boston Facebook i i Boating In Boston Twitter
: Stew LeBel
Deputy Associate Regional Director, Operations and
Phone: (202) 619-7072
Fax: (202) 619-"f157
The information contained in this message may bo protected by attorney-client or other pri\11ege. It is
t tp:s: I Im au. com/ m allf b/ 1 =f 534 '/60664 & v =Jae k s Boathouse h= ...
r1t01'4THfil INTffl.IOR Mell - Ri;i: Koy Brldgo Cu(ront Hemovo:1I
intended for the of the indi>iduals to whom it is sent. Any pri>ilego is not waiwd by >irtue of this
ha>ing been sent by e-mail. If tho person actually recei>ing this message or any other reader of this
message is not a nrnned recipient, any use, dissemination, distribution, or copying of this
communic<1tion is prohibited. If you receiw this message in error, please contact the sendor.
Debra 1-klGox
Branch Chief, Planning and Dowlopmont
NPS Commercial Serl.ices f
0
rogrrnn
12795 W. Alrnnods Pi.irkway
Le<kewood, CO 80228
(303) 90'7-6910
Lorene Walter
Senior Asset Management Specialist
WASO Commercial Ser.ices
202-513-7152
202-997-9571 (cell)
Lorene Walter
Senior Asset Management Specialist
WASO Commercial Ser.ices
202"513"7152
202"997-9571 (cell)
Debra Hecox
Branch Chief, Plannin(l and 001,tJlopmont
NPS Comrnorcial Sor.ices Program
12"195 W. Alarneci;i hirkway
Lakewood, CO 80228
(303) 987-6910
Stew Le8el
Deputy Associate Regional Director, Operations and Educt1tlon
National Capital Region, National Park Sol"Ace
Phone: (202) 619"7072
Fax: (202) 619"7157
: The information cont<iined in this message may be protected by attorney"client or other pri>ilege. It is
4/S
178Zl'RTHE'. lNTEHIOH - Re: Kay Bridge Boathou:;o - curro1\l
intended for the use of the indi\icluals to whom it is sent. Any pri\ilege is not waiwd by \irtue of this tm\ing
boon sent by e"mail. If the person flctually recei\ing this mes sago or any other reader of this moss age is
If you recei"3 this moss ago in error, please contact tho sender.
Stove LcBel
Program Man11gor, omco of Business Ser\ices
NatiOnfll Capital Region, National Park Ser\ice
Phone: (202) 619-7072
Fax: (202) 619"7157
The information contained in this rnossHge may tJe protected by attorney-client or other pri\ilege. It is intended
for the use of the indi\iduals to whom it is sent. Any pri\ilo(Je is not wai"3d by \irtuo of this been sent by
e-mail. If the person actually reoei\ing this message or any other reader of this message is not a named
recipient, any use, dissemination, distribution, or copying of this communication is prohibited. If you recei"" this
t lps :/ f googlo. com Im <ii l/b/ 152/ &lk =f 531\ 768664 &v lew=pl&cal=J ac k's [.loalhouse S.s earch = .. ,
128/14 DEPARTMENT OF THE INTERIOR Mall - Fwtt: dr<.1rt

.
.
Fwd: Jack's draft
Mendelson, Lisa <lisa_mendolsonl0lmlni@nps.gov>
To: Tara Morrison <tara_morrison@nps.gov>, Ste'.19 LeBel <Ste'.l:l_LeBel@nps.gov>
Cc: Ste'.19Whitesell<ste'.l:l_whitesell@nps.gov>
Tara. Ste'.19L:
W0d, Apr 3, 2013 at 9:15 AM
As of email traffic last night among SO Ls this draft was to be further modified to remo'.19 the cite to 36 USC 2.2
and change 7-10 days to 5-7.
I still ha'.19 the question about th0 wisdom of o'.l:lrlapping Boston occupancy with Simkin remainder of personal
property, unless Boston is ok with it and it's simply not an issue ..... looking for your thoughts, thanks. I don't
know if the SOLs know that Boston has plans to be on site beginning on 4/8.
-Lisa
Lisa .. /e/111i11i_, /t/(.'/'
[)cputy Regional I>ln::clor
Nationul Pal'k Service
202-(> 19-702.l o flke
202-297-1338 cell
---- Forwarded message ---------
From: Lackey, Melissa <melissa.lackey@sol.doi.gov>
Date: Tue, Apr 2, 2013 at 6:25 PM
Subject: Jack's
To: "Kelly, Wynne (USADC)" <wynne.kelly@usdoj.gov>, Ste'.19 Whitesell <ste>R-_whitesell@npS.lJOv>, Lisa
Mendelson <lisa_mendelson-ielmini@nps.gov>, Barry Roth <barry.roth@sol.doi.gov>
Wynne:
Here is the final '.l:lrsion, in which we left a bit more wiggle room for the Sel'\<ice. Ste"3 and Lisa - this is going out
tonight, but free free to call me in the morning If you ha'.19 any concerns.
Melissa Lackey
Attorney Ad'-isor
Mail Stop 5311
Phone: 202 5130733 Fax: 202 208-3877
l t p$: 11 mall. com/mill I/bl 8ilk =f 534 768664& v lew=pt&cal =J 's ho us e&s eam h;::; ...
112
I've talkccl wit11 .. and they are to .. .. with your client to
.. inco1T1lng concessionpf<i!ira .. .. t!J.G:J!lHP..LWoul<1 to l<cop on
the parcel C)f land to bof)in non,.n1otorizetl opor.;,:itions and payr11ent for tlli:lt .i:.1hat1elp...IQ.P...9J:!.Y. woulc1 appropriate. J.DJ.!JJ11
. __ .. ...Y9.VI .. __ . .9.1:.1...if.,P9!,.;19 .. __ S ho u Id th es0
negoti::1tions not bo finished by April 7'
11
, NPHwouldno\ .. consider--any.ct1attal.on tharaal .. proporty.to .. be.abandonadan<J..would-work
your.c;liont to.safeguard it ::indi .Qt.shou Id the negotiations fail, .. .
... .. for their 1110 r.Q.f.l:J_property (at your' lllient's oxpon$e) .
.l.o .. __ ... .. __ .. .. _q.tJ .. .. ...
N...E_$._J1J_:;i.g __ .. do-not.believe. th'.'ll Mr, Sirnkin or .. .YJD.Q_of his e1r1ployt:1()S would .. be .. arro:tec! post-April '/.
111
if
... .. wera winding down the .....JJ.i.i.;?
.. .r.0,qu!rn ..D .. .. ... . .... but ItJr;.Y. __wo u Id only bo deern eel
tr0spassers if they atternpted to eitharoperato a business u1i<:ler the guise of the tenninatecl lease, !f lhfJY intortored with the
incon1ing __ ... or if tlloy in some other way vio!atod fodoral law
rclatec! to Park !and.
(b) (5)
lie/14

-
IJEPAHTMENT OF THE Moll - Ho: ,lock's
Re: Jack's
Barry Roth <barry.roth@sol.doi.gov.>
To: wynne.kelly@usdoj.gov, melissa.lackey@sol.doi.gov
Cc: ste'<l'l,_whitesell@nps.gov, lisa_mendelson-ielmini@nps.gov
Ok
From: Kelly, Wynne (USADC) [mailto:Wynne.Kelly@usdoj.gov]
Tue, Apr 2, 2013 at 6:52 PM
To: Roth, Barry <barry.roth@sol.doi.gov>; Lackey, Melissa <melissa.lackey@sol.doi.gov>
Cc: Steve Whitesell <steve .. whitesell@nps.gov>; Lisa Mendelson <lisa __ mandelso11-ielmini@nps.gov>
Subject: RE: Jack's
ATIORNEY-CLIENT PRIVILEGED/ ATIORNEY WORK PRODUCT
From: Roth, Barry [mailto:barry.roth@sol.doi.gov]
To: Liockey, Melissa
Cc: Kelly, Wynne (USADC); Steve Whitesell; Lisa Mendelson
Subject: Re: Jack's
Wynne if you ha'<l'ln't sent this yet, please shorten the 7-10 days to 5-7.
Barry N. Hoth
Associate Solicitor
Di.v:Ls:i.on of Parks & Wild:Life
202-208-1314
Fax: 202-208-3877
.. do.i .. c1ov
ttps : 11m oi!I. google, com/mall lb/ 1 $2/ u/O/?ul=2&1k =f 534 768661\.&v law=pt&cat =J "'ck s Boc1lhaus ()tire h
111

112
120/14 DE:PAR'l'Mr.!NT OF THE: INTE:RIOR Mail - Ro: J<.1cK'!:i
This e1nail is intended fo1 the use of the individ1.1;;il or entity to which it is It may contnin inforrni':Jtion thElt
is privil(Jgcd, confidential, or otherwise protected by law. If you not the intended or the
of or '-'!f?,ent responsible for of this en,ail to intended recipient, you anJ notified th21t its

distribution, copyine or of this email is strictly prohibited, If yolJ tliis email in error,
please notify the scnc.k:r and destroy all c:;opiC$.
On Tue, Apr 2, 2013 at 6:25 PM, Lackey, M0lissa <melissa.lackey@sol.doi.gov> wroto:
Wynne:
Here is the final ...:irsion, in which we left a bit morn wiggle room for the Ser.ice. Ste...:i and Lisa - this is going out
tonight, but free free to call me in th" morning if you ha...:i any concerns.
Melissa Lackey
Attorney Ad"1sor
Mall Stop 5311
Phone: 202 513"0733 Fax: 202 208-3877
This e-mail (including any and all attachments) is intended for the use of the indi"1dual or entity to which it is
addressed. It may contain information that is pri"11eged, confidential or otherwise protected by applicable law. If
you are not the intended recipient or the Grnployee or agent responsible for deli...:iry of this e-mail to the Intended
recipi0nt, you ar0 hereby notified that any dissemination, distribution, copying or use of this e-mail or its contents
is strictly prohibited. If you rncei...:id this e-mail in error, please notify the se.nder immediately and destroy all
copies.
l I pn: //man. google, com/ mail/ b/ 152/ u/O/ ?ul Oj2&1k
1
1!f 534 760664&v low=pt&cat <1c I<' s So;;il house&s o<.1rc h!:! .. ,
2/2
(b) (5)
12(1/14 Dl:::!PAH1'Mt:!:N'l' OF THE INTf.RIOR Mail - Re: Jack's

.
Re: Jack's
Barry Roth <barry. roth@sol.doi.gov:>
To: wynne.kelly@usdoj.gov, malissa.lackay@sol.doi.gov
Cc: steve_whitesell@nps.gov, lisa_rnendelson-ielmini@nps.gov
Ok
From: Kelly, Wynne (USADC) [mailto:Wynne.K<'lly@usdoj.gov]
Sent; Tuesday, April 02, 2013 03:51 PM
Tue, Apr 2, 2013 at 6:52 PM
To: Roth, Barry <bany.rnth@sol.cloi.gov>; Lackey, Melissa <melissa.lackey@sol.doi.gov>
Cc: Steve Whitesell <steve .. whitesell@)nps.gov>; Lisa Mendelson <lisa .. mendelson-ielmini@nps.gov>
Subject: RE: Jack's
ATTORNEY-CLIENT PRIVILEGED/ ATTORNEY WORI< PRODUCT
From: Roth, Barry [mailto:bany.roth@sol.doi.gov)
To: Lackey, Melissa
Cc: Kelly, Wynne (USADC); Steve Whitesell; Lisa Mendelson
Subject: Re: Jack's
Wynne if you haven't sent this yet, please shorten the 7-10 days to 5-7.
Barry N . .Rot.I\
Associate SolicJ.tor
Division of Parks & Wil.dl.i.fe
202-2084344
Fox: 202-208-3877
lJa.::rv. .do:l. .qov
t tps: //mall, goog!e. cam/ m all/b/ 152/ u/O/'?u 1=2&1k 634 J 60664&v lew=pt&cat =Jack's Boat ho us o&s omc!l"' .. ,
112
12(1/14 DEPAR,l'Mf.'.N'I' OF IHE Mall - Re: Jack's
This is ir1tended for the use of the individual or entity to whlch it !s addressed. It may conttiin inforn1;;itian
i $ pr!vl I eged
1
confi den ti a I
1
or othcrwi s a protactcd by ppl i Ci:l bl e I w. If you a re not the i ntondc1d rt1c.:i pi cnt or the
en1pl oyee of or a gent res pons i bl for clol i of this erna i I to the intended reci pi ant, yo1.1 re notified that its
di ss cmi nation, ci i stri b1.1ti on, copy! ng or 1,1::;e of this erna i 1 is strict! y pro hi bi tnd. If you received this ema ii in error,
please notify imrr1edi;:itely 21nd destroy ::ill copies.
On Tue, Apr 2, 2013 at 6:25 PM, Lackey, Melissa <rneliss;i.lsckey@sol.doi.gov> wrote:
Wynne:
Here is the final "'3rsion, in which we left a bit more wiggle room for the Ser..ice. Stew and Lisa" this is going out
tonight, but free free to call me in the morning If you ha\13 any concerns.
Melissa Lackey
Attorney Ad-.isor
U. S. Dopartment of the Interior, Office of the Solicitor
Mail Stop 5311
Phone: 202 513-0733 Fax: 202 208-3877
TI1is e-mail (including any and all attachments) is intended for the use of the indi-.idual or entity to which it is
is strictly prohibited. If you receiwd this e-mail in error, please notify the sender immediately and destroy all
copies.
ttps; 11 m i;il I. go ogle. com/ rn all/ b/ 152./u/O/?l1 l1.1::?,&lk r.1f .$34 768664&v levr-pt&cat =J <JC k' .s !30<1lhous c&!! eam h;;:;, ,
(b) (5)
OF THE; INTERIOR Mall - RF.:: Jack's

'
RE: Jack's
Kelly, Wynne (USADC) <Wynne.Kelly@usdoj.gov> Tue, Apr 2, 2013 at 6:51 PM
To: "Roth, Barry" <barry.roth@sol.doi.gov>, "Lackey, Melissa" <melissa.lackey@sol.doi.gov>
Cc: SteWJ Whitesell <ste""_.whitesell@nps.gov>, Lisa Mendelson <lisa_mendelsonielmini@nps.gov>
ATTORNEY-CLIENT PRIVILEGED/ ATTORNEY WOHi< PRODUCT
From: Roth, Barry [mailto: bany.roth@sol.cloi.gov]
To: Lac;key, Melissa
Cc: Kelly, Wynne (USAOC); Steve Whitesell; Lisa Mendelson
Subject: Re: Jack's
Wynne if you ha;an't sent this yet, please shorten the 7-10 days to 5-7.
Ba:r:r.y N. Roth
Associate Solicitor
Divi.s;i.on of Parks & Wildlife
202-2lHl-4344
Fax: 202-20U-3tl77
This em3 i l is i ntendecl for the us c of the i ndi vi I or cnti ty to wh l c;:h it i $ cidress ed. It may contain i nform;;i ti on that
is pri vi I egcd
1
confi dmnti or othf:rwi by a ppl ! cable I aw. If you a re not the i ntc:ndc:d r(::ci pi or the
ompl oyoe of or o gont res pons Ible for del I very of thl s ema 11 to the Intended reel pl ent, you are notl fi ed that I ts
dlssemiriation
1
di.s.trlbution
1
copying or use of this email is strictly prohibited. If you received this ernr.iil in error,
please notify the sender i f.l nd destroy n I! copies.
tips:/ Im ail. google. com/mall/ bl 152/u/O/ ?uli:!2&1k
5:34 /"60664 &v IOW"1pt ;;iJ ac k Bo:;ithause &:search= ... 112

DEPARTME'.N'l' Of THE INTE;RIOR Mail - RE: J<ick's
On Tue, Apr 2, 2013 at 6:25 PM, Lackey, Melissa wrote:
Wynno:
Here is the final l.<lrsion, in which wo loft a bit more wiggle room for the Ser\ice. Ste"' and Lisa - this is going out
tonight, free free to call me in the morning if you haw any concerns,
Melissa Lackey
Attorney Ad-.isor
Mail Stop 5311
Phone: 202 513-0733 Fax: 202 208-3877
addressed. It rnay contain information that is pri-.ilegod, confidential or otherwise protected by applicable law. If
you me not the intended recipient or the employee or agent res pons Ible for deli-.eiy of this e-mail to the intended
copies.
t l : //mail. googll. com/ rn <.111/b/ 152/u/OI? u!;:::2&lk =f 534 768664 & v lew=pl&c al ;(IC k '!I Boal houso&s o<.1rc f\=
1
, , , ')/2
(b) (5)
12Uhl l?EPARTMF.:NT QF THE INTERIOR Mall - Ro: JEJck':>
Re: Jack's
Roth, Barry <barry.roth@sol.doi.gov> Tue, Apr 2, 2013 at 6:34 PM
Cc: Stew Whitesell <stew_whitesell@nps.gov>, Lisa Mendelson <lisa_mendelson.ielmini@nps.gov>
A/C PRIVILEGE: NOT FOR RELEASE
Barry N. P-oth
Associate Solicitor
Division of Parks & Wildlife
202-208-4344
Fax: 202-208-3877
.. doi .. gov
This em::i i l is i ntencicd for the u:.: e of the i ncii vi dll<.l I or entity to whl ch it is iil ddress ed. It may contH in i nform4i ti on th<.l t
is pri vi I c!gcid, con fl a I 1 or otherwise protected by a ppl i bl e l w. If you a re not the i rec;:i pi or the
employee of or agent responsible for delivery of this em<1il to the Intended recipient, you ore hereby notified that its
di ss erni nation, dis tri bu ti on, copying or 1,i:; e of th ls ema 11 Is strict! y pro hi bl ted. If you received this ema i I in error,
please notify the sond(:Jr imrnediately and des.troy all copies.
On Tue, Apr 2, 2013 at 6:25 PM, Lackey, Melissa <melissa.lackey@sol.doi.gov> wrote:
Wynne:
Here is the final wrsion, in which we left a bit more wiggle room for the Ser\ice. Stew and Lisa - this is going
out tonight, but free free to call me in the morning If you haw any concerns.
Melissa Lackey
Attorney Ad\>isor
U. S. Department of the Interior, Office or the Solicitor
Mail Stop 5311
Phone: 202 513-0733 Fax: 202 208-3877
This e-mail (Including any and all attachments) is intended for the use or the lndi<idual or entity to which it Is
addressed. It may contain information that is pri<ileged, confidential or otheiwise protected by applicable law,
If you are not the intended recipient or the employee or agent responsible for deliwry of this e-mail to the
intended recipient, you are hereby notified that any dissemination, distribution, copying or use or this e-mail or
its contents is strictly prohibited. If you recei'A'ld this e-mail in error, please notify the sender immediately and
destroy all copies.
ttps: I I mall. googli;i, com/mall/bl 152/ u/O/?ul:;.2&1k 534 768664&.v l1;1w;::pt &cat =Jack s EJo<.\lhousc &s h =, ..
ORPARTMENT OF THE INTERIOR Mall ~ e J.ack's
t ~ p s //mail. goog lo. com Im <ill/ b/ 1 !i21ti/ 0/?ul=2&\k =I 534 71J OOG4 &v leW'-'pt B.c.at =Jack ':s Botilhcus" &!i\earc h= .. 2/2

Ea
DEPARTMENT OF THE INTERIOR Mail - RE: Jolck'.'S
RE: Jack's
Kelly, Wynne (USADC) <Wynne.Kelly@usdoj.goV> Tue, Apr 2, 2013 at 6:32 PM
To: "Roth, Barry" <barry.roth@sol.doi.goV>, "Lackey, Melissa" <melissa.lackey@sol.doi.goV>
Cc: Ste\13 Whitesell <stew_whitesell@nps.goV>, Lisa Mendelson <lisa_ ..rnendelson-ielmini@nps.goV>
Will do I will prob;ibly send around 7 p.rn. if anyone has any last minL1te concerns. I'm also having my
Chief look over it.
Thanks,
Wynne
From: Roth, Barry [rnailto:barry.roth(cjlsol.cloi.gov]
To: Lackey, Melissa
C.c: Kelly, Wynne (USADC); Steve Whitesell; Lisa Mendelson
Subje<:t: Re: Jack's
Wynne if you hm"m't sent this yet, please shorten the 7-10 days to 5-7.
Barry N. 8.ot.h
Associ.ate Sol.i.ci.tor
202-208-1311
Fax: 202-208-3077
P.;, !: 1'. y . Hoth (d o .l. . (:lo :i .. (f (J \/
This ema i J is i ntcndcd for the use of the i ncli vi d ua I or cnti ty to whi c; h it ! s a cidressed. It may r.onta in i nfornia ti on that
is pri vi! egcd, r.::onfi den ti a I 1 er othcrwi sa by (.I pp! l cable I aw, If you a re not the i reel pl ent or the
employee of or Ofient responsible for de.livery of this email to the intended reoipie11t, you are hereby 11otificd thot it,;
dis 3emi na ti on
1
dis tri bu ti on, copying or ll5C of this ema i I is strict! y pro hi bi ted. If you recci voci thi 5 <}mil i I l n error,
t I p:s: t I r'!'1 .:111. googlo. com/ mal l/b/ 1 $2/u/O/?ul=2&lk =f 534 768664& v low:iipt&c at 1J i.lC K 'fl (3Qj)1 hou!j,a&searc h= ..
126114 OF TI-IE INTERIOR M<.\ll HR: Jack's
p.lec:ise notify the scncic!r irn111edlately and dos troy <:tll copies.
On Tue, Apr 2, 2013 at 6:25 PM, Lackey, Melissa <melissa.lacl<ey@sol.cloi.gov> wrote:
Wynne:
Here is the final -.ersion, in which we left a bit more wiggle room for the Service. Ste-.e and Lisa - this is going out
tonight, but free free to call me in the morning if you ha>e any concerns.
Melissa Lackey
Attorney Ad-.isor
Mail Stop 5311
Phone: 202 513-0733 Fax: 202 208-3877
This e-mail (including any and all attachments) is intended for the use of the lndi-.idual or entity to which it is
addressed. It may contain information that is pri>,;Jeged, confidential or otherwise protected by applicable law. If
you are not the intended recipient or the employee or agent responsible for deli'.(lry of this e-mail to tho intended
is strictly prohibited. If you recel>&d this e-mail in error, please notify the sender immediately and destroy all
copies.
Ups : 11mall. googlo. ccm/ m l:ll l/D/ 1 f;/J.I u/0/?u i=2&ik :::i.f 534 '7'60664& v !ew=pt&cat =J <.\e k' r-loi:it ho us e&s earch=, , , 212
128/1-\ DEPAl{lMt:!NT OF THI;. INTERIOR M:;ill - Re: Jack's
Re: Jack's
Roth, Barry <barry.roth@sol.doi.goV> Tue, Apr 2, 2013 at 6:31 PM
To: "Lackey, Melissa" <melissa.lackey@so\.doi.goV>
Cc: "Kelly, Wynne (USADC)" <wynne.kelly@usdoj.goV>, Stew. Whitesell <ste,.,_whitesell@nps.goV>, Lisa
Mendelson <llsa_mendelson-ielmini@nps.goV>
Wynne if you hmen't sent this yet, please shorten the 7-10 days to 5-7.
B,:irry N. Hoth
Associate Sol.i.citor
Divj,sj,on of Parks & Wildlife
202-208011
Fax: 202-208-3877
.. do:i .. c1ov
This ema i I is i ntcndcd for the l.IS e of the i ndi vi dua I or entity to whi c;h it i::; ddressed. It may in in forrna ti on that
is pri vii cgcd, c;onfi der1 I, or otherwise protected by Cl p pl l bl e I aw. l f you 21 re not the i ntcr1cied recipient or the
c.mployeo of or agent responsible for delivery of this email to the intended recipi<mt, you Me hereby notified thot it>
di ss eml na ti on
1
di stri bllti on
1
copying or of th i .s em21 i I is s tri ctl y prohibited. If you rec el vad this cm<:i i I in
pl ease notify the 'e.ncie.r i rnmedl a tel y a nci cies troy a II co pi es.
On Tue, Apr 2, 2013 at 6:25 PM, Lackey, Melissa <melissa.lackey@sol.doi.gov> wrote:
Wynne:
Here Is the final '-'lrsion, in which we lelt a bit more wiggle room for the SeMce. Ste"' and Lisa - this is going
out tonight, but free free to call me In the morning if you haw. any concerns.
Melissa Lackey
Attorney Ad.,;sor
Mail Stop 5311
Phone: 202 513,0733 Fax: 202 208-3877
This e-mail (including any and all attachments) is intended for the use of the indi.,;dual or entity to which it is
addressed. It may contain information that is pri.,;leged, confidential or otherwise protected by applicable law.
If you are not the Intended recipient or the employee or agent responsible for deliw.iy of this e-mail to the
its contents is strictly prohibited. If you recei'-'ld this e-mail in error, please notify the sender Immediately and
des troy all copies.
ttps :/I m.!li I. google. com! m .!l!l/b/ 1521u/01? l1 ;;;f 534 7686G4& v lew=pl&cat =J <ic k '$ Bo.:1t!louse&s B.!lrch= ... 112
1
t t ps: 11mal!, goog!e. corn/mall/bl 1 u/O/ ?t,11=2&ik =r 534 "f660G4&.v =Jack s !30<.l\ housellas h= .. 21'2
DEPARTh1ENT OF THE INTERIOR ..
Jack's
Lackey, Melissa <melissa.lackey@sol.doi.gov.> Tue, Apr 2, 2013 at 6:25 PM
To: "Kelly, Wynne (USADC)" <wynne.kelly@usdoj.gov>, Stew Whltos0ll <stew_whitesell@nps.gov>, Lisa
Mendelson <lisa_mendelson-ielmini@nps.gov.>, Barry Roth <barry.roth@sol.doi.gov>
Wynne:
Here Is the final wrsion, in which we left a bit more wiggle room for the Ser\ice. Stew and Lisa - this is going out
tonight, but free free to call me in the morning if you have any concerns.
Melissa Lackey
Attorney Ad.;sor
Mail Stop 5311
Phone: 202 513"0733 Fax: 202 208-3877
This e-mail (including any and all attachments) is intended for the use of the indi.;dual or entity to which it is
addressed. It may contain Information that is pri,,;leged, confidential or otherwise protected by applicable law. If
you are not the intended recipient or the employee or agent res pons Ible for deliwry of this e-mail to the intended
mclpient, you are hereby notified that any dissemination, distribution, copying or use of this e-mail or its contents
is strictly prohibited. If you recei"'d this e-mail In error, please notify the sender immediately and destroy all
copies,
.'.J EMAIL for Camp 2.docx
14K
llp:; :// ni<.\11. googlu. com/mall/ bl 1 !i'),/u/OI ?ul=2&ik =f 534 768664& v low=pt&cat =J <.'IC k Ooat house &search=, .. 111
I've talked with .. ;:incl they are ... a1nonable to f>ilting .. .. f) ....0}9.Q1i!JL with to
JiscussWh-at .. lneorning concossiong_raire !.9. .. .. . .9.D..1.LPJQQgJ_tiJh!'. .. .. would want to keep on
the parcel of lancl to begin non-rnotorizod boc:it operations Clr\d what paymont for that bo c:ippropriate. to ...
.. ... ,Q.9 ... .. .. 9.L .. ...... s Id tl1 oso
negotiations not be finished by April i
1
\ NPS .. .. not..consider chaHal .. 0n-t.he .. r0a1 .. properly to. ba abandoned .. af1d .. woul(l work
with your chfJnt lo s;;i.feHuard-il-anc1, ...m_shou!ct the r1egotiations fail, .. ..
.. for their retnoval . .l\.:!LW;.QP.9IJy __fro111 the (tit your client's
.. ...N.P..0 .. . __q_t_}P,,QEfi. ... ? .. . .W..iJb ... .. ..
.. .t9J,l.,!,\.Q.t.-:jng ... 1.do .. 11ot.-believe .. th<:1t Mr. Simkin ()f his err1ployees wou!d-be .. arrested.po5t-April 1
111
if
.. 0,.fQYY ... .. Z ... iLHH!LW.P.CP ...nG_GQ_.filYJ_q. were winding down the business., ..
.. .. n .. .. , .. but wou Id on ly ocl
trespassers if they atternpted to althar-oporato a b\tsiness under the guise of the lease, if they intorfored with tile
ir1cornin9 ... or if they in son1e other fodoral law
relatecl to Par'k lat,d.
I .. ... ... t.t) .. .... me know wht\t you thinl< and when we earl set up a
OF THE INTERIOR Mei! Ro: Jack':; CcirK1(l$ "Et'rH.lll to P!<llntlff'5

511
Re: Jack's Canoes - Email to Plaintiff's Counsel
Mendelson, Lisa <llsa_mendelson-ielmini@nps.goV> Tue, Apr 2, 2013 at 6:23 PM
To: "Lackey, Melissa" <melissa.lackey@sol.doi.goV>, Stew LeBel <Stew_l..eBel@nps.goV>, Ste;e Whitesell
<ste"l_whitesell@nps.goV>, Tara Morrison <tara_,morrlson@nps.9011>
Melissa,
Yes I'm :)
My only concern is that I don't know what tho timeline is for the new concessioner to mo"3 in and whether they
would want to be on site and ha"l their property on site at the same time as Simkin and/or his property.
Ste"' Lebel or Tara, can you speak to this timeline proposed in the document compared with your knowledge of
Boston's plans to mo"' in?
-Lisa
l-isll AIC:'f'
[)cputy Regional [)in_'.(,:tor
Natio11al Park
202-619-?023 o nice
202-297-1338 cell
On Tue, Apr 2, 2013 at 6:07 PM, Lackey, Melissa <melissa.lackey@sol.doi.(1011> wrote:
Sorry to haw left you off the list. If you are still around, please let me know your thoughts.
Melissa Lackey
Attorney Ad.,,;sor
. Mail Stop 5311
Phone: 202 513-0733 Fax: 202 208-3877
This e-mail (Including any and all attachments) is intended tor tho use of the indi.,,;dual or entity to which It is
addressed. It may contain information that is pri.,,;logod, confidential or otherwise protected by applicable law.
If you are not the intended recipient or tho employee or agent responsible for dellwry of this e-mail to thG
its contents Is strictly prohibited. If you recei"ld this e-mall In error, please notify the sender Immediately and
destroy all copies.
ttps :// m J!I. c;om/ mall/bl 152/u/O/?ul=2&1k =f 534 768664& v low-.1pt&c [lt mJ ac K'e Boathous a&:s earc h= . .. 112
10ifr/11'htl Mi:1ll" Ro: Jaok'e Canoes - Email to Plalnllrf's Col1nsol
--- Forwarded message ------
Date: Tue, Apr 2, 2013 at 5:56 PM
Subject: Jack's Canoes - Email to Plaintiffs Counsel
To: Stel.<lWhitesell<stel,(l ... whitesell@nps.gov>, Barry Roth <barry.roth@sol.doi.go'P, Robert Eaton
<robe rt. ea ton@so I. doi. go\<>
Ste"":
Sony to bother you after hours, but could you take a quick look at the attached draft email and OK it for
release by the AUSA to Plaintiffs Counsel (with email or phone back to me by 6: 15)? The redlining renects
suggested edits by the team of Roth, Eaton and me. If I don't hear from you, I will authorize its transmission.
Melissa Lackey
Attorney Ad-,isor
Mail Stop 5311
Phone: 202 513-0733 Fax: 202 208-3877
This e-mail (Including any and all attachments) Is Intended for the use of the indl-,idual or entity to which it is
addressed. It may contain information that is pri-,ileged, confidential or otherwise protected by applicable law.
If you are not the intended recipient or the employee or agent responsible for deli""ry of this e-mail to the
Its contents is strictly prohibited. If you rec0i1.<Jd this e-mail in error, ploase notify the sender immediately and
destroy all copies.
ttps; I Im al!. goog le. com/mail/ bl 1521 u/O/? 534 76a661\.& v law=pt&cat =J C\C k 'i:i e&s earc h= ...
tlm@F 7HE INTERIOH Mall" Jack's Canoos - Email to Plaintiff':;
Jack's Canoes - Email to Plaintiff's Counsel
Lackey, Melissa <melissa.lackey@sol.doi.gov> Tue, Apr 2, 2013 at 5:56 PM
To: Steve Whitesell <steve_whit0sell@nps.gov>, Barry Roth <barry.roth@sol.doi.gov>, Robert Eaton
<robert.eaton@sol.doi.gov>
Steve:
Sorry to bother you after hours, but could you take a quick look at the attached draft email and OK it for release
by the AUSA to Plalntlfrs Counsel (with email or phone back to me by 6: 15)? The redlining reflects suggested
edits by the team of Roth, Eaton and me. If I don't hear from you, I will authorize its transmission.
Melissa Lackey
Attorney Advisor
Mail Stop 5311
Phone: 202 513"0733 Fax: 202 208-3877
addressed. It may contain information that is privileged, confidential or otherwise protected by applicable law. If
you are not the intended recipient or the employee or agent responsible for deli;ery of this e-mail to the Intended
is strictly prohibited. If you received this e,mail in error, please notify the sender immediately and destroy all
copies.
I@ EMAIL for Camp.docx
14K
tips:// mail. googlo. com Im n!llbl 11i2/ u/O/?ul=2&1k =I 534 761.l664&v lcw;;ipt Sic al =Jack s Boatt10uso&s h;:;, .. 111
I've talkec! witt1 DOllNPS and they ar0 amenable to sitting . .D ...D.JQg_t(Qg with you( diont
incornlng want to keep on tl1e parcel of l{ind to
O<)n-n1otoriz0d boat oporations and for thal ch<:1tt0lm9..P.s:J:tY. woukl bo oppropriate .
))Jl.Y.P __ ... .. ....t.9. .. $.q,l_l_. .Qr.
1
.!J...n0.t ....Q.L<;l.'"_[S:f.D.9.Y..G"'_ Should thoso ne9otiations r1ot be flnishod by
April i
11
, NPS .. wouldf10t..co111:;.ider.ar1y chHlte! on .. tha-raal--p10p0rty-to.ba. .. wouldw01'k with.your .. it
and., Ql s hou Id tt1e r1eg otiati ons fa i I , ...
for their ren1oval .. frotn the (rlt your client's exper1se) ... .. ?.!lY.,9Y9 ..0L .. .. t?Y
.iJ . .. .. .. 2.,.fjo__Q_9_;illog_w..\!JLPr9.P9..t\Y. ..
. ..i.5..l.. f.l!llCll8l2.]t1.J9 __ql!s?.w.in.tJ. I do not beliave .. that. Mr. Si1nkin of any .. ;:$.QtJ.1..0_,of hi$ employees would .. .. post .. Apdl ./
11
if
ttie Y!9 ... ..9..t.iJq.J ... .. we r@ winding down tho b (J sines s ....
... .. ...... i but wo Id only be deern ()d
trespassers if thay attornpted to either-operate tl husinoss und0r the guise of the tenninatod lease. if they interfered with the
inco1ning concession.!J..W..b.Q .. .. Of if they ln somo oth0r way violated fedi.-)l'al law
re!atod to National Park land.
Lot tne know wl11.\t you think and when we c8n set up a rneeting.
12EIM1PARTMENT OF THE INTERIOR Mui!" tho latosl on house

'

what's the latest on boat house
Olson, Jeffrey <joffrey_olson@nps.gov> Tue, Apr 2, 2013 at 1:16 PM
To: Ste'-"l Whitesell <ste'-"l_whitesell@nps.gov>, Le8el <Stew_Le8el@nps.gov>, Barry Roth
< barry. roth@s ol. doi. gov>
Cc: Lisa Mendelson <llsa_mendelson-ielmini@nps.gov>, Tara Morrison <tara_morrison@nps.gov>
Ha"l a media inquiry from the Georgetown Uniwrsity paper. The reporter wants an
What, if anything is new from the court(s) side of the issue?
Jeff
Jeffrey G. Olson
Office of Communic11tions
National Park Ser.1ce
1849 C Street NW
www.nps.gov
llps: 11 rn <.1!1. com I mal!lbl 15?.l ulOI ?ul=2&1k =f 534 7686G4&v low=pt&c<.it ore k's OCJal earc h = ... 11\
10011m10R Mail - Ro: CONrlOl"f.NTIAl. COMMUNICATION

-
Re: CONFIDENTIAL SETTLEMENT COMMUNICATION
Lisa Mendelson <lisa_mendelson"lolmini@nps.gov.> Mon, Apr 1, 2013 at 5:59 PM
lo: "Whitesell, Ste..e" <ste'.l'l_whitesell@nps.gov.>
Cc: "Eaton, Robert" <robert.eaton@sol,doi.gov.>, Philip Selleck <philip_selleck@nps.gov.>, Ste'.13 LeBel
<stow_lobel@nps.gov.>, Tara Morrison <tara_morrison@nps.gov.>, Barry Roth <barry.roth@sol.dol.gov>, "Lackey,
Melissa" <melissa.lackey@sol.doi.gov>, "Kelly, Wynne (USADC)" <Wynne.Kelly@usdoj.gov>
Yes thx will be on the call tomorrow.
Lisa Mendelson, AICP
National Park Ser'-ice
202-297-1338 cell
202"619-7023 office
On Apr 1, 2013, at 5:30 PM, "Whitesell, Ste'.13"<stoW-. __whitesell@nps.gov> wrote:
Rob
I can make a call at 10. Phil is tied up in a meeting with USPP and Ste'.13 LeBel is on lea'.13. Hopefully Lisa and
Tara will be able to join us.
On Mon, Apr 1, 2013 at 4:08 PM, Eaton, Robert <robert.eaton@sol.doi.gov> wrote:
Ste'.13 et al..
FYI. Tomorrow morning we should discuss the NPS's position with respect to Mr. Simkin's "mov.lble property."
Would some subset of you be available at 10:00 a.m.?
Rob
Robert C. Eaton, Assistant Solicitor
. Branch of National Parks
Di-Asian of Parks and Wildlife
Office of the Solicitor
MS 5312
1849 c Street. NW
Telephone: (202) 208-7957
Telefax: (202) 208-3877
This emall ls intended solely for the use of the indi'-idual or entity to which it is addressed. It may contain
information that is pri'-ileged, confidential. or otherwise protected by applicable law. If you are not the intended
recipient or an employee or agent responsible for the deli'.l'lry of this email to the intended recipient. you are
hereby notified that dissemination, distribution, copying, or uso of this email is strictly prohibited. If you
recei'.l'ld this email in error, please notify the sender immediately and destroy all copies.
tt ps: // m a!I. googla. com/ ma!lfb/ 152/ u/ 0/?ul;;;:?. &lk ;;;f 5311 76866tl&v ac k's f.loalhouso&.s o<irch= .. , 1/3
IR'Sll'e{IOR Mall - Re: .. SETTLEMENT COMMUNICATION
From: Kelly, Wynne (USADC) <Wynne.KCJ!ly@usdoj.gov.>
Date: Mon, Apr 1, 2013 at 3:40 PM
Subject: Fwd: CONFIDENTIAL SETTLEMENT COMMUNICATION
Ta: Melissa Lackey <melissa.lacl<oy@sol.doi.gov.>, Robert Eaton <robert.ealon@sol.doi.gov.>, Barry Roth
<barry. roth@sol. doi.oow
FYI
Sent from my iPhone
Begin forwarded massage:
From: Charles H Camp <cc21rnp@ct1arlescamplaw.corn<mailto:(;camp@chmlescarnpl<1w.com>>
To: "'Kelly, Wynne (USADC)"' <Wynno.Kclly@usdoj.gov<mailto:WynneYelly@usdoj.gow>
Subject: RE: CONFIDENTIAL. SETTLEMENT COMMUNICATION
Wynne,
I just met with my client and he too beliews It may be time to resolw differences and mow on down the road.
Can you please get me a comprehensil,I) offer to end the lawsuit ASAP that includes a payment to my client
for all of his mo'-<lble property needed to operate Jack's Boathouse? So that my client does not feel the need
to immediately begin mo,,ng his property off of the property, I need your written ass\1rance, on behalf of the
NPS and NPF, that neither of them will do anything whatsoewr to seize or confiscate any of my client's
property, or to take any personal action against Paul Simkin or any of his employees (e.g., arresting anyone),
Best regards,

<image001.png>
Charles H. Camp
Suite 115G
Tel 202.457. 7786
Fax 202.457. 7788
Cell 301.461.0283
www.charloscamplaw.com<http://www.charlescarnplaw.com/>
To: Charles H Camp
Charles,
Thanks for your message. I will double check with my client (my main contact at NPS is out today so I hal.<l
e-mailed around o\l'lr there looking for a response), but I am fairly certain that we would not agree to such a
stay. I am going to be out the remainder of the day, but If you need to roach me, my work cell phone is (202.)
t tps :// m<ill. com/ ma I If bf 152/u/0/?ul=2&!k =f 534 768664&v lewJ\lrH &cl;!( =J Boat ho us fl&!! ea.re h= ... 213
lllQll'EHIOH Mall" Ro: Sf.TTl.EMENT COMMUNICATION
809"5387. I will probably ha'"l the phone ringer off, but if you lea'"l a message, I will get a notification and call
you right back. Also, I will be checking my e"mall regularly.
Thanks,
Wynne
Wynne P. Kelly
(202) 3072332
wynne.kelly@usdoj.(Jov<mailto:wynne.kelly@usdoj.gov>
From: Charles H Camp [mailto:ccamp@chmloscmnplaw.com]
Subject: CONFIDE:NTIAL SE:TILE:ME:NT COMMUNICATION
Wynne,
Thank you for your call on Friday. I am meeting with rny client this afternoon and will be in touch with you
asap after that.
In the meantime, so that we all ha'"l time to come up with the best solution for e'"lryOne's interests, will the
NPS and NPF agree to a stay of the Court's Opinion and Memorandum Decision for a reasonable period of
time? If not, I'll need to file an emergency motion with the Court of Appeals today or tomorrow at the latest for
injunctl.,,;i relief pending the appeal.
Best regards,
Charles
<lmage001.png>
Charles H. Camp
Suite 115G
Tel 202.457. 7786
Fax 202.457. 7788
Cell 301.461.0283
www.charlescarnplaw.com<http://www.charlescamplaw.com/>
11 ps: //mail. googlo. com/ m till/ b/ 1 S::U u/O/?ul;::2&ik =f 534 768664&v al :;;Jack's Boal hou.s e&5 ocire . . ,
(b) (6)
(b) (6)
lrnli'l'E.-RIVR r'i1<111" lio: CONrl!Dti:NTIAt SE:TTL.,E:ME:NT COMMUNICATION
property." Would some subset of you be available at 10:00 a.m.?
Rob
Branch of National Parks
Dilision of Parks and Wildlife
MS 5312
1849 C Street, NW
Telephone: (202) 203,7957
Telefax: (202) 208-3877
This email is intended solely for tho use of the indilidual or entity to which it is addressed. It may contain
information that Is prilileged, confidential, or othmwise protected by applicable law. If you are not the
intended recipient or an employee or agent responsible for the delil.<lry of this email to the intended recipient,
you are hereby notified that dissemination, distribution, copying, or use of this email is strictly prohibited. If
you receil.<ld this email in error. please notify the sender immediately and destroy all copies.
From: Kelly, Wynne (USADC) <Wynrm.Kelly@usdoj.gov:>
To: Melissa Lackey <melissa.lackey@sol.ci0i.90V>, Robert Eaton <robcrt.caton@sol.doi.gov:>, Barry Roth
<tiarry. roth@sol .doi.[JoV>
FYI
Sent from my iPhono
From: Charles H Camp <ccamp@charloscamplaw.com<mailto:ccarnp@charlescamplaw.corn>>
To: "'Kelly, Wynne (USADC)"' <Wynne.Kelly@usdoj.gov<mailto:Wynne.Kelly@usdoj.goV>>
Wynno,
I just met with my client and he too belie1.<Js it may be time to resoll.<l differences and mol.<l on down tho
road. Can you please get me a comprehensive offer to end the laws ult ASAP that includes a payment to
my client for all of his mo>roible property needed to operate Jack's Boathouse? So that my client does not
feel the need to immediately begin moling his property off of the property, I need your written assurance, on
behalf of the NPS and NPF, that neither of them will do anything whatsoever to seize or confiscate any of
my client's property, or to take any personal action against Paul Simkin or any of his employees (e.g.,
arresting anyone). during this transition period.
a est regards'
Charles
<image001.png>
l tps : I I rn all. goagle. com/ rn ci!l/b/ 1 52/uf "12 &lk ;;:;f 5311 768664& v at -"'J ::ick' s a oat houso&5 oarc h== ... 114
lmlimRIOR Mail - Ro: CONFIDEN"l'!Al COMMUNICATION
Charles H. Camp
Suite 115G
Tel 202.457. 7786
Fax 202.457. 7788
Cell 301.461.0283
www.chnrloscamplaw.com<http://www.cht1rloscamplaw.com/>
From: Kelly, Wynne (USADC) [mailto:Wynno.Kolly@usdoj.gov]
Sent: Monday, April 01, 201311:43 AM
To: Charles H Camp
Charles,
Thanks for your message. I will double check with my client (my main contact at NPS is out today so I
ha"" e-mailed around o""r there looking for a response), but I am fairly certain that we would not agree to
such a stay. I am going to be out the remainder of the day, but need to reach me, my work cell phone
is (202) 809-5387. I will probably ha"" the phone ringer off, but if you lea"" a message, I will get a
notification and call you right back. Also, I will be checking my e-mail regularly.
Thanks,
Wynne
Wynne P. Kelly
555 4th Street N.W.
(202) 307-2332
wy nne. kelly@usdoj.gov<mailto:wynne. kelly@usdoj.goV>
. To: Kelly, Wynne (USADC)
Wynne,
Thank you for your call on Friday. I am meeting with my client this afternoon and will be in touch with you
asap aftor that.
In the meantime, so that we all ha'.ll time to come up with the best solution for e""ryone's interests, will the
, time? If not, I'll need to file an emergency motion with the Court of Appeals today or tomorrow at the latest
for injuncti'.ll relief pending the appeal.
Best regards,
t t ps: I Im gaog!e. com Im allfb/ 152/li/O/ ?ul "1::?,&lk =f 534 708664& v low=pt&c at , . 314
lg9if!iRl(1R :\llail - Re: CONFIDENl'IAl SE''fTl.Ei:Mf.NT COMMUNICATION
Charles
<image001.png>
Charles H. Camp
Suite 1158
Tel 202.457. 7786
Fax 202.457.7788
Cell 301.461.0283
www.chml0scarnplaw.com<http://www.ctwrlescen1plaw.corn/>
l tps: I Im all. goaglo. com/ m 1 =r 534 7606El4& v lew.ipt &cal =Jack's o&::learc; h;:; ..
ll!Qit'L'fl..)OH Mi;ill CONFIDENl'IAL SEnl,,F.,MENT COMMUNICATION

.
Re: CONFIDENTIAL SETTLEMENT COMMUNICATION
LeBel, Steve <stew_lebel@nps.gov> Mon, Apr 1, 2013 at 5:07 PM
To: "Eaton, Robert" <robert.eaton@sol.doi.gov>
Cc: Stew Whitesell <stew_whitesell@nps.gov>, Lisa Mendelson <lis<i_rnendelson-ielmini@nps.gov>, Philip Selleck
<philip_selleck@nps.gov>, Tara Morrison <tara_morrison@nps.gov>, Bany Roth <bany.roth@sol.doi.gov>, "Lackey,
Melissa" <rnelissa.lackey@sol.doi.gov>, "Kelly, Wynne (USADC)" <Wynne.Kelly@usdoj.gov>
l"m on leaw tomorrow, returning Weds. Avail. by cell mid-day.
On Mon, Apr 1, 2013 at 4:08 PM, Eaton, Robert <robart.oaton@sol.doi.gov> wrote:
Stew et al.,
FYI. Tomorrow morning we should discuss the NPS's position with respect to Mr. Simkin's "movable property."
Would some subset of you be available at 10:00 a.m.?
Rob
Robert C. Enton, Assistant Solicitor
Di"1sion of Parks and Wildlife
MS 5312
1849 C Street, NW
Telephone: (202) 208-7957
Telefax: (202) 208-3877
This email is intended solely for the use of the indi-.idual or entity to which it is addressed. It may contain
information that is pri"11eged, confidential, or otheiwise protected by applicable law. If you are not the Intended
recipient or an employee or agent responsible for the deliwiiy of this email to the intended recipient, you are
hereby notified that dissemination, distribution, copying, or use of this email is strictly prohibited. If you
receiwd this email in error, please notify tho sender immediately and destroy all copies.
Forwarded message
From: Kolly, Wynne (USADC) <Wynne.Kelly@usdoj.gov>
To: Melissa Lackey <rn0lissa.lackey@sol.cloi.>1ov>, Robert Eaton <robert.eaton@sol.doi.gov>, Bariy Roth
<bariy. roth@sol .doi. gov>
FYI
Sent from my iPhone
ttps :// rr1 cill. com/ m ailfb/ 152/ u/01 ?ul ;:;f 534 768664&v 1;J ai;: k's Boathouse&s a arch= ... 113
llJllll'l11110R Moll. 110: CONFIDENTIAi.. SoTTl.oMl'NT COMMUNICATION
From: Charles H Camp <ccamp@charlescsmplaw.com<mailto:cca111p@cht1rloscamplaw.com>>
To: '"Kelly, Wynne (USADC)"' <Wynne.Kelly@usdoj.gov<mailto:Wynno.Kollyli'.r)uscloj.gov
RE: CONFIDENTIAL SETILEMENT COMMUNICATION
Wynne,
I just 1110t with my client and he too belie>.es it may be time to resol\ differences and mo\ on down the road.
Can you please get me a comprehensi>.e offer to end the lawsuit ASAP that includes a payment to my client
for all of his movable property needed to operate Jack's Boathouse? So that my client does not feel the need
to immediately begin mooing his property off or tho property, I need your written assurance, on behalr of the
NPS and NPF, that neither of them will do anything whatsoe\r to seize or confiscate any of my client's
property, or to take any personal action against Paul Simkin or any of his employees (e.g., arresting anyone),
Best regards,
Charles
<lmage001.png>
Charles H. Camp
Suite 115G
Tel 202.457. 7786
Fax 202.457. 7788
Cell 301.461. 0283
www. c loarles cam plaw. com< http://www. charles cam plaw. com/>
From: Kelly, Wynne (USADC) [mallto:Wynn0.Kelly@usdoj.gov]
To: Charles H Camp
ChaMes,
Thanks for your message, I will double check with my client (my main contact at NPS is out today so I ha\
e-mailed around O\r there looking for a response), but I am fairly certain that we would not agree to suct1 a
stay. I am going to be out the remainder of the day, but if you need to reach me, my work cell phone is (202)
809-5387. I will probably ha\ the phone ringer off, but ii you lea>.e a message, I will get a notification and call
. you right back. Also, I will be checking my e-mail regularly.
Thanks,
Wynne
Wynne P. Kelly
555 4th Street N.W.
(202) 307-2332
ltps : //mall. gQoglo. com/mall/ bf 1 S:l!/uf0/?ul;:;;2.IJ,lk :;;f 534 768664& v lew=pl&cal =J ac I< s Boo1t housc&s oarc h

,
lmli'lmlOR Mt11!" Re: CONFIDENTIAL SETTLEMEN1' COMMUNICATION
wy n ne. k elly@us doj. gov< mailto: wy nne. k elly@us cloj. ()Ov>
From: Charles HCamp[mailto:ccamp@charlescarnplaw.corn]
Wynne,
Thank you for your call on Friday. I am meeting with my client this afternoon and will be in touch with you
asap after that
In the meantime, so that we all ha-.e time to come up with the best solution for e-.eryone's interests, will the
time? If not, I'll need to file an emergency motion with the Court of Appeals today or tomorrow at the latost for
injunctiw relief pending the appeal.
Best regards,
. Charles
<image001.png>
Charles H. Camp
Suite 115G
Tel 202.457. 7786
Fax 202. 457. 7788
Cell 301.461.0283
www.charlescampl<>w.corn<http://www.charloscamplaw.com/>
Ste-.e LeBol
Deputy Associate Region<tl Director, Operations 1md Education
Program Mant1()0r, Office of Business Ser.ices
NatioMI Capital Region, National Park Ser;ice
Phone: (202) 619-7072
Fax: (202) 619-7157
The information contained in this message may be protected by attorney-client or other pri,;iego. It is intended
for the use of the indi\oiduals to whom it is sent. Any pri,;iege is not wai-.ed by ,;rtue of this haloing been sent by
e-mail. If the person actually recei,;ng this message or any other reader of this massage is not a named
t lp:;: 11m1:111, com! mall/ bl 152/u/01? l1 lk ;:;f 534 768664& v IOW"'pt&c ac k' a Boat houso&s 0i:irc h;::;, , , 313
M<.111" Fwd: CONFIDENTIAL SETl'LEMENT COMMUNICATION

.
Fwd: CONFIDENTIAL SETTLEMENT COMMUNICATION
Eaton, Robert <robert.eaton@sol.doi.gov> Mon, Apr 1, 2013 at 4:08 PM
To: Ste"" Whitosoll <ste"'3_whitesell@nps.gov>, Lisa Mendelson <lisa_mendelson-ielmini@nps.gov>, Philip Selleck
<philip_selleck@nps.gov>, Stewi LeBel <ste"'3_lebel@nps.gov>, Tara Morrison <tara_morrison@nps.gov>
Cc: Bariy Roth <barry.roth@sol.doi.gov>, "Lackey, Melissa" <mellssa.lackey@sol.dol.gov>, "Kelly, Wynne
(USADC)" <Wynne.Kelly@usdoj.gov>
Ste"'3 et al.,
FYI. Tomorrow morning we should discuss the NPS's position with respect to Mr. Simkin's "mo.,,.,ble property."
Would some subset of you be a"'3ilable at 10:00 a.m.?
Rob
Division of Parks and Wildlife
MS 5312
1849 c Street, NW
Telephone: (202) 200. 7g57
Telefax: (202) 208-3877
This email is intended solely for the use of the individual or entity to which it is addressed. It may contain
information that is privileged, confidential, or otherwise protected by applicable law. If you are not the intended
recipient or an employee or agent responsible for the deliwiry of this email to the intended recipient, you are
heroby notified that dissemination, distribution, copying, or use of this email is strictly prohibited. If you receiwid
this email in error, please notify the sender immediately and destroy all copies.
Forwarded message ----
From: Kelly, Wynne (USADC) <Wynne.Kelly@u>idoj.gov>
To: Melissa Lackey <rnelissa.lackey@sol.doi.gov>, Robert Eaton <robert.eaton@sol.cloi.gov>, Barry Roth
<barry.roth@sol.doi.gov>
FYI
Sent from rny iPhone
Frorn: Charles H Carnp <ccarnp@charlescarnplaw.com<rnailto:ccrnnp@charlescmnplaw.corn>>
To: "'Kelly, Wynne (USADC)"' <Wynne.Kclly@usdoj.gov<rnailto:Wynne.Kelly@usdoj.gov>>
l t ps: I Im all. Qoogla. com/mall/ b/ 152( u/O/?ul=2&lk =f 534 768664 & v =J c1c k's ... 1
l'im::.RIOR - Fwd: Sf:lrru:;Mf,NT COMMUNICATION
Subject: RE: CONFIDENTIAL. SETILEMENT COMMUNICATION
Wynne,
I just met with my client and he too belie\es it may be time to resol\e differences and mo\e on down the road.
Can you please get me a comprehensi"' offer to end the lawsuit ASAP that incllides a payment to my client for
all of his movable property needed to operate Jack's Boathouse? So that my client does not feel the need to
immediately begin mo;ing his prop0rty off of the property, I need your written assurance, on behalf of the NPS
and NPF, that neither of them will do anything whatsoe\er to seize or confiscate any of my client's property, or to
take any personal action against Paul Simkin or any of his employees (e.g., arresting anyonG), during this
transition period.
Best regards,
Charles
<image001.png>
Charles H. Camp
Suite 115G
Tel 202.457. 7786
Fax 202.457. 7788
Cell 301.461.0283
www.charlescamplaw.com<http://www.charlesc<1rnplaw.com/>
Sent: Monday, April 01, 2013 11 :43 AM
To: Charl0s H Camp
Charles,
Thanks for your message. I will double check with my client (my main contact at NPS is out today so I ha'-" e-
mailed around o"'r there looking for a response), but I am fairly certain that we would not agree to such a stay. I
am going to be out the remainder of the day, but If you need to reach me, my work cell phone is (202) 809-5387.
I will probably ha"' the phone ringer off, but if you lea"' a message, I will get a notification and call you right
back. Also, I will be checking my e-mail regularly.
Thanks,
Wynne
Wynne P. Kelly
555 4th Street N.W.
(202) 307-2332
wynno.kolly@usdoj.gov<mailto:wynne.kelly@uscloj.gov>
ttpa ;/Im ail. googla. com/mall/ b/ 162/u!O/ ?1.,11;::;2&ik, =f 534 7686G4&v 3t xiJ oic k '9 F.loathaus a&s a arch= ... 213
M<iil - r:wd: CONF'IDf.;NTIAL SETILEMENT COMMUNICATION
From: Charles H Camp [mailto:cca111p@chmlescarnplaw.co111]
Wynne,
Thank you for your call on Friday. I am meeting with my client this afternoon and will be in touch with you asap
after that.
In the meantime, so that we all haw time to come up with the best solution for e...:iryone's interests, will the NPS
and NPF agr00 to a stay of the Court's Opinion and Memorandum Decision for a reasonable period of time? If
not, I'll need to file an emergency motion with the Court of Appeals today or tomorrow at tho latest for injunctiw
relief pending the appeal.
Best regards,
Charles
<image001.png>
Charles H. Camp
Suite 115G
Tel 202.457.7786
Fax 202.457. 7788
Cell 301.461.0283

llps : /Im :;ill, googla. com! rn 152/ u/01? ul"'2&1k =f 53<'1768664& !ow= pt &cat i;ic k' eE1rCh = ...

.
Fwd: Key Bridge Boathouse - Current Removal
Eaton, Robert <robert.eaton@sol.doi.gov> Mon, Apr 1, 2013 at 2:50 PM
To: Ste'.<l LeBel <stew_lebel@nps.gow
Cc: Stew Whitesell <ste...,_whit0sell@nps.gov>, Lisa Mendelson <lisa_mendelson-ielmini@nps.gov>, Philip Selleck
<phillp_selleck@nps,gow, Tara Morrison <tara_,morrison@nps.gov>, Deborah Harwy <deborah_harwy@nps.gov>,
Debra Hecox <debra .. hccox@nps.gov>, Walter McDowney <walter_mcdowney@nps.gov>, Barry Roth
<barry.roth@sol.doi.gov>, "Lackey, Melissa" <melissa.lackey@sol.doi.gov>, "Kelly, Wynne (USADC)"
<Wynne.Kelly@l1sdoj.gov>
Ste'.<l,
Melissa is on lea"' today but just called aner reading my email below, She has some additional thoughts about
ownership of the stairs, deck, and dock based on a reference to "wharws" in the original conwyance from the
Baxters to D.C. She'll be back in the office tomorrow, and we should pursue this discussion then. Thanks.
Rob
MS 5312
1849 C Street, NW
Telephone: (202) 208-7957
Telefax: (202) 208-3877
information that is privileged, confidential, or otherwise protGcted by applicable law. If you are not the intended
recipient or an employee or agent responsible for the deliwry of this email to the intended recipient, you are
hereby notified that dissemination, distribution, copying, or use of this email is strictly prohibited. If you recei'.<ld
--- Forwarded message ----
From: Eaton, Robert <robert.eaton@sol.t1oi.9ov>
Date: Mon, Apr 1, 2013 at 11 :46 AM
Subject: Re: Key Bridge Boathouse - Current Removal
To: "LeBel, Ste'.<l" <stewJebel@nps.gov>
Cc: Tara Morrison <Tara_Morrison@nps.gov>, Walter McDownay <Walter __ McDowney@nps.gov>, Melissa
Lackey <Melissa.Lackey@sol.doi.gov>, Deborah Harwy <deborati._harvey@nps.gov>, Ste"' Whitesell
<Stew_Whitesell@nps.gov>, Philip Selleck <Philip_ ... Scllcck@nps.gov>, Lisa Mendelson <llsa_menclelson-
ielmini@nps.gov>, Debra Hecox <debra_hecox@nps.gov>, Barry Roth <barry.roth@sol.doi.gov>, "Kally, Wynne
(USADC)" <Wynne.Kelly@usdoj.gov>
Ste...,,
INTERIOR Mall - FWd: l(cy Orldge Soathousi;i - Curront RiJr'fWVJI
Based on the photos (and only on the photos), I can see arguments both ways. How are the stairs attached to
the ground? Are there footings underneath the deck? How is the dock attached to the deck? I'll be Interested to
hear what Deb Har.ey thinks. In other small-scale boating operations authorized by concession contracts, does
the NPS treat similar installations as real-property impro"3ments or as personal property?
As you wait to hear from Dob, please reliew the original lease to see if it defines real-property impro...,ments and
if it says anything about the disposition, at the end of the lease, of those improwments. If the lease says
something about improwments, then we should assume, e"3n though the lease expired long ago and wew been
operating under an implied month-to-month lease, that the lease prolisions continue to gowrn.
Assuming that the original lease either is silent about impro...,ments or doesn't definiti...,ly resolw the issue, then
I think Mr. Simkin has an equitable argument that he is entitled to some payment for the property (stairs, deck,
dock) that the new concessioner wants to use (and that we want to retain), regardless of whether that property is
characterized as rnal or personal property. In that case, the NPS should consider whether (1) it wants to try to
negotiate directly with Mr, Simkin and pay him lair market value or some other amount for the property or (2) it
wants to require the new concessioner to continue to negotiate with Mr. Simkin to pay him FMV or some other
amount, and to acquire LSI under the new concession contract for that amount. If the NPS wants to try to
negotiate directly with Mr. Simkin, then we can ask Wynne Kelly to broach the subject with Mr. Camp. Let me
know.
Rob
Dilision of Parks and Wildlife
MS 5312
1849 C Street, NW
Telephone: (202) 208-7957
Telefax: (202) 208-3877
This email is intended solely for the use of the indilidual or entity to which it is addressed. It may contain
information that is prl\.ileged, confidential, or otherwise protected by applicable law. If you are not the intended
recipient or an employee or agent responsible for the deli"3ry of this email to the Intended recipient, you are
hereby notified that dissemination, distribution, copying, or use of this emall ls strictly prohibited. If you receiwd
On Mon, Apr 1, 2013 at 10:28 AM, LeBel, Ste'A'l <steva_lebel@nps.nov> wrote:
Rob -
Mike, the new temporary concessioner, has been in discussion with Paul Simkin rel. his personal property,
with a particular interest In the wooden dock. Mike understands from his conwrsation that Simkin plans to
remo"" e .... rythlng on site, including the deck and the stairs to the dock, which are affixed to the property. This
leads both Mike and I to belie'A'l Simkin does not understand what constitutes personal property and
what constitutes real property, which we bellew belong to the go\\Jrnment. It is our position the deck and
stairs are the property of the go...,rnment, and haw attached sewral photos of the dock and deck to this email.
l'w copied Deb HaMy to confirm these assets are real property.
If we are correct, could we ask the AUSA to contact Simkin (through Camp) to clarify this?
Thanks I
t tps :// rn cill. com/ rn all/bl 152/ u/O/?ul=2&1K $34 '166664& v lew=pl&cal =J CIC I< 's Boal ho us e&searcli= . .. .2/3
1:mp;;i-HE INTERIOH Mt11!- Fwd: Key Bridge Bocitt1ouso. RemovEll
--- Foiwarded message ---------
From: Michael Aghajanlan <michael.aghajanian@boatinginboston.com>
Sl1bject: Key Bridge Boathouse - Current Removal
To: Ste-.eLeBel<steve __Jobol@nps.gov.>, "McDowney, Walter" <walter_..rncdowney@nps.gov.>
Ste>e/Mac,
I have been going back and forth with Paul this w0ekend we are not close yet to a deal but It's cordial and
producti"3.
There has been a list of assets created, howe..er some of them are impro-.ements or fixtures to the property
such as the Deck, Stairs, Garden etc. As I understand it those would now be the property of the NPS. Has
anyon<l made this clear to Paul on what is to be remo..ed and what stays? Also will anyone be monitoring this?
Hope you gentlemen had a good weekend. Steve if you could gi-.e me a call when you get in that would be
great.
T: (617)299-3392x10
E: n1.aghajanian@boatinginboston.com
Boating In Boston Facebook
Steve LeBel
i Bo<itin9 In Boston Twitter
Program Manager, Office of Business Ser\ices
Phone: (202) 619-7072
Fax: (202) 619-7157
The information contained in this message may be protected by attorney-client or other pri\ilcgo. It is intended
for the use of the indi\iduals to whom it is sent. Any pri\ilege is not wal>ed by \irtue of this ha\ing been sent
by e-mail. If the person actually recei\ing tt1is message or any other reader of this message is not a named
recipient, any use, dissemination, or copying of this communication is prohibited. If you recei-.e
lt I Im all. googlo, com/ m t:ill/b/ 152/u/0/?uJ=2&1k =if 534 16 6664 &v law=pt&ccit =J ciC k' $ f.loathou:se&s oarc , , 313
NEW NAME: Boston Outdoor (Kay !30::1tho1J1H;1)

.

NEW NAME: Boston Outdoor Recreation (Key Bridge Boathouse)
LeBel, Steve <ste...,_lebel@nps.gov> Mon, Apr 1, 2013 at 1:04 PM
To: John Doyle <sean_doyle@nps,gov>
Cc: Walter McDowney <:Walter_McDowney@nps.gov>, Elizabeth linker <liz_tinker@nps.gov>, Debra Hecox
<debra_hecox@nps.gov>. Tara Morrison <Tara_Morrison@nps.gov>, StelXl Whitesell <Ste...,_Whitesell@nps.gov>,
Lisa Mendelson <lisa_mendelson-ielmini@nps.gov>, Robert Hyde <robert_hyde@nps.gov>, Melissa Lackey
<Mellssa.Lackey@sol.dol.gov>, Robert Eaton <robert.eaton@sol.doi.gov>, Deborah Har\ey
<:deborah _ha"-"y@nps.gov>, Jennifer M ummart <jennifer._mummart@nps.gov>, Suzanne Waldron
<sue_waldron@nps.gov>, Jeffrey Olson <jeffreY ...... olson@nps.gov>
B&G has a new name:
Boston Outdoor Recreation, Inc.
Mike Aghajanian. President
P.O. Box 99
Hopkinton, MA 01747
Phone: 617.299.3392x 1 o
Cell: 508.579.4232
email: rnichael@boatinginboston.corn
Legal docs attached.
Sto1,e LeBel
National Capital Region, National Park Ser-Ace
Phone: (202) 619-7072
Fax: (202) 619-7157
The information contained in this message may be protected by attorney-client or other prl..,lege. It is intended
for the use of the indi-,jduals to whom It is sent. Any pri-,jlege is not wal\ed by -,jrtue of this ha,,;ng been sent by
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recipient, any use, dissemination, distribution, or copying of this communication is prohibited. If you recei\e this
llps : f Im all, gaagle. com/ ni b/ 1 1)').f u/0/ 7ui=2&\k =r 534 166664&.v lew=pt&cat =J <lC k's house&s Oare h ::j, , , 111
M<.111 Kay Bridge Boalhou:><:l Current Hemoval

Eal
Re: Key Bridge Boathouse Current Removal
\:''
Eaton, Robert <robert,eaton@sol.doi.gov.> Mon, Apr 1, 2013 at 11 :46 AM
To: "LeBel, Ste"'" <ste\<l_lebel@nps.gov.>
Cc: Tara Morrison <Tara_Morrison@nps.gov.>, Walter McDowney <Walter_McDowney@nps.gov.>, Melissa Lackey
<Melissa. Lackey@sol.doi.gov.>, Deborah Ha""y <deborah,_har\<ly@nps.gov.>, Stew Whitesell
<Ste1.e_Whitesell@nps.gov.>, Philip Selleck <Philip __ Selleck@nps.gov.>, Lisa Mendelson <lisa __ mendelson-
ielmini@nps.gov.>, Debra Hecox <debra_,hocox@nps.gov.>, Barry Roth <barry.roth@sol.dol.gov.>, "Kelly, Wynne
(USADC)" <Wynne.Kelly@usdoj.gov.>
Ste\.ll,
Based on the photos (and only on the photos). I can see arguments both ways. How are the stairs attached to
the ground? Are there footings underneath the deck? How is the dock attached to the deck? I'll be interested to
hoar what Deb Ha""y thinks. In other small-scale boating operations authorized by concession contracts, does
the NPS treat similar installations as real-property impro,.,ments or as personal property?
As you wait to hear from Deb, please re\iew the original lease to see if It defines real-property lmpro1.ements and
if it says anything about the disposition, at the end of the lease, of those impro\<lments. If the lease says
something about impro,.,ments, then we should assume, e-.en though the lease expired long ago and we'-.e been
operating under an implied month-to-month lease, that the lease pro\isions continue to go\<lrn.
Assuming that the original lease either Is silent about improwments or doesn't definltlwly resol-.e the issue, then
I .think Mr. Simkin has an equitable argument that he is entitled to some payment for the property (stairs. deck,
dock) that the naw concessioner wants to use (and that we want to retain), regardless of whether that property is
characterized as real or personal property. In that case, the NPS should consider whether (1) it wants to try to
negotiate directly with Mr. Simkin and pay him fair market value or some other amount for the property or (2) it
wants to require the new concessioner to continue to negotiate with Mr. Simkin to pay him FMV or some other
amount, and to acquire LSI under the new concession contract for that amount. If the NPS wants to try to
negotiate directly with Mr. Simkin, then we can ask Wynne Kelly to broach the subject with Mr. Camp. Let me
know.
Rob
Di'.ision of Parks and Wiidiife
MS 5312
1849 c Street. NW
Telephone: (202) 208-7957
Telefax: (202) 208"3877
This email Is Intended solely for Hm use of the indi\idual or entity to which it is addressed. It may contain
information that is pri\ileged, confidential. or otherwise protected by applicable law. If you are not the intended
recipient or an employee or agent responsible for the deli-.ery of H1is email to the intended recipient, you are
hereby notified that dissemination, distribution, copying, or use of this email is strictly prohibited. If you recei1.ed
this email in error, please notify the sender immediately and destroy all copl0s.
l l P!il ://mall. googl0, com/ 'p/ 152/ u/O/?ul::2&1k 634 'l60664&v iew=pt &e <.ll I) Boathouse&:; 1J<.1rch", , , 1/3
1 ~ 1 1 4
On Mon, Apr 1, 2013 at 10:28 AM, LeBel, Ste'"l <steve lobol@nps.gm/.> wrote:
Rob -
Mike, the new temporary concessioner, has been in discussion with Paul Simkin ref. his personal property,
with a particular interest in the wooden dock. Mike understands from his con-.ersation that Simkin plans to
remo-.e e-.erything on site, including the deck and the stairs to the dock, which are affixed to the property. This
leads both Mike and I to belie-.e Simkin does not understand what constitutes personal property and
what constitutes real property, which we belie-.e belong to the go-.ernment. It is our position the deck and
stairs mo the property of the go-.ernment, and ha'"l attached se-.eral photos of the dock and deck to this email.
l'-.e copied Deb Har-.ey to confirm these assets are real property.
lfwe are correct, could we ask the AUSA to contact Simkin (through Camp) to clarify this?
Thanks!
From: Michael Aghajanian <rniGhael.aghajanian@boatinginboston.com>
Date: Mon, Apr 1, 2013 at 8:19 AM
To: Ste-.e LeBel <ste,.,_Jebel@nps.gmr.>, "McDowney, Walter" <w<1it<1r_mcdowney@nps.goV>
Ste-.e/Mac,
I ha'"l been going back and forth with Paul this weekend we are not close yet to a deal but it's cordial and
producti-.e.
There has been a list of assets created, howe'"lr some of them are impro-.ements or fixtures to the property
such as the Deck, Stairs, Garden etc. As I understand it those would now be the property of the NPS. Has
anyone made this clear to Paul on what is to be remo'"ld and what stays? Also wll\ anyone be monitoring this?
Hope you gentlemen had a good weekend. Ste'"l if you could gi'"l me a call when you get in that would be
. great.
http://www.Bo<itinglnBoston.com
T: (617)299-3392x10
: Boating In Boston Faccbook i
Ste'"l LeBel
' Boating In Boston Twitter
Phone: (202) 619-7072
Fax: (202) 619-'1157
;rour t.090
Ups:// m al!, geog lo. com/ m al!/ bl 152/ 1,1/0l?ul =2&ik =r 534 "16066.4 & v law=pt&c at =J r.tck 's Ooat ho us a&soerc h= ... 2/3
l:t'&tf<t. 'fl\ITERIOR Mall - R<:J: Koy Brldgo - Current Removal
The information contained in this messag<l may bo protected by attorney"client or other pri'.ilege. It is intended
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Ere.Oft M<.111 Re: FW: CONFIDENTIAL $1:,IT\.EMENT COMMUNICATION

'
.
Re: FW: CONFIDENTIAL SETTLEMENT COMMUNICATION
LeBel, Steve <ste1AO_lebel@nps.90V> Mon, Apr 1, 2013 at 11:33 AM
To: "Eaton, Robert" <robert.eaton@sol.doi.goV>
Cc: Ste1e Whitesell <ste1e_whitesell@nps.90V>, Lisa Mendelson <lisa_mendelson-ielmini@nps.gov.>, Philip Selleck
<philip_selleck@nps.gov.>, Tara Morrison <tara_morrison@nps.gov.>, Barry Roth <barry.roth@sol.doi.gov.>, "Lackey,
Melissa" <rnelissa.lackey@sol.doi.gov.>
I belie1e "no," but defer to the Regional Director.
On Mon, Apr 1, 2013 at 11:25 AM, Eaton, Robert <robert.eaton@sol.doi.gov.> wrote:
Ste1e et al.,
I assume the answer to Mr. Camp's request for a stay is no. Please confirm. Thanks.
Rob
Robert C, Eaton, Assistant Solicitor
Di.;sion of Parks and Wildlife
MS 5312
1849 C Street, NW
. Washington, DC 20240
' Telephone: (202) 208-7957
Telefax: (202) 208-3877
This email is intended solely for the use of the indl.;dual or entity to which it is addressed. It may contain
information that is pri,,;leged, confidential, or otherwise protected by applicable law. If you are not the intended
recipient or an employee or agent responsible for the deli1ery of this email to the intended recipient, you are
receiwid this email in error, please notify the sender immediately and destroy all copies.
--- Forwarded message --
From: Kelly, Wynne (USADC) <Wynne.Kelly@usdoj.gov.>
To: "Barry Roth (barry.roth@sol.doi.gov)" <barry.roth@sol.doi.gov.>, "Lackey, Melissa
(mclissa. lackey@sol. doi.9ov)" < melissa. lackey@sol. doi. gov.>, "Robert Eaton (robe rt. eaton@sol.doi.gov)"
<robe rt. eaton@sol. doi. gov.>
Hern is tt10 communication we expected. I recommend the tmswer be no and I assume you tdl agree?
Wynne
t tps :JI mail. googlo. eom/ m .ol!I bl 152/ uf0/ 7ul=2&1k 534 768664&v low=pt&cat mJ i;ic k's Boathouse&s aa.rch= ... 113
W..OIR Mall" Ro: FW: CONFIDENTIAL SETILEMt!N'I' COMMUNICATION
from: Charles H Camp [mailto:n:<imp@charlescamplaw .com]
. To: Kelly, Wynne (USADC)
Wynne,
Thank you tor your call on Friday. I an1 meeting with my client this allcrnoon and will be in touch with you
asap ldkr tb;1t.
In the 111cantirnc, so that we all hnvc time to come up with the best solution tor everyone's interests, will the
NPS and N PF agree to a stay of the Cowt's Opinion and Memorandtm1 Decision for a rcasonab!o period
oftirnc" If not, I'll need to file an emergency rnotion with the Court of Appeals today or ton1orrow at the
latest lbr i11junctivc rcliofp<mding the appeal.
. Best regards,
Charles
LAW OFFlcES OF
cHAR1Es rto: c.A.:M:l?'C
Charles H. Camp
Suite 115G
II pa:// mail. gOOtJIO, ccm/ m ;;i!l/b/ 152/ u/O/'? u!=2&1k f 534 768664& v iaw=pt&c ot J ac k's Boalhou$.O&:l OOlrch=, ..
Tel 202.457.7786
Fax 202.457.7788
www .charlescam p law .com
Stewi LeBel
Doputy Associate Regional Director, Operations and Education
Program Manager, Office of Business Ser>,;ces
National Capital Region, Nationt\I Park SeMce
Phone: (202) 619-7072
Fax: (202) 619"7157
The information contained in this message mt1y be protected by attorrw1y-client or other pri"11ege. It is intended
for the use of the indilAduals to whom it is sent. Any prilAlege is not waived by IArtue of this halAng been sent by
e-mail. If the person actually racei"1ng t11is message or any other reader of this message is not a named
rnossage in error, please contact the sender.
Mal! - Flr'lr'd: FW: CONr--IDL!lNTIAl. SE;nL.EMENT COMMUNICATION

EDI
Fwd: FW: CONFIDENTIAL SETTLEMENT COMMUNICATION
Eaton, Robert <robert.eaton@sol.dol.gov> Mon, Apr 1, 2013 at 11:25 AM
To: Ste-.eWhitesell<ste,,.,_whitesell@nps.gov>, Lisa Mendelson <lisa_mendelson-ielmini@nps.gov>, Philip Selleck
<philip_selleck@nps.gov>, Ste-.eLeBel<ste-.e_lebel@nps.gov>, Tara Morrison <tara_morrison@nps.gov>
Cc: Barry Roth <barry.roth@sol.doi.gov>, "Lackey, Melissa" <melissa.lackey@sol.doi.gov>
Sto\'!l et al ..
I the answer to Mr. Camp's request for a \()luntary stay is no. Please confirm. Thanks.
Rob
omco of the Solicitor
U.S. Department of tho Interior
MS 5312
1849 c Street, NW
Telephone: (202) 208-7957
Telefax: (202) 208-3877
This email is intended solely for the use of the indi\idual or entity to which it is addressed. It may contain
information that is pri\ileged, confidential, or otherwise protected by applicable law. If you me not the intended
recipient or an employee or agent responsible for the deli""ry of this email to the intended recipient, you are
hereby notified that dissemination, distribution, copying, or use of this email is strictly prohibited. If you rocei-.ed
From: Kelly, Wynne (USADC) <Wynne.Kelly@usdoj.gov>
To: "Barry Roth (barry.roth@sol.doi.gov)" <barry.roth@sol.doi.gov>, "Lackey, Melissa
(meliss<i. lackey@sol.doi.gov)" <melissa. lnckey@s ol. doi. gov>, "Robert Eaton (robe rt. .doi.gov)"
< robert. 09ton@so1. doi. gov>
Here is the communication we Gxpected. I recommend tho answer be no and I assume yo1J all agree?
Wynne
t lps ://mall, googla. com/mall/ bl 152/ u/O/ ?ul i;;'?, lilk =f 534 768664&v =Jack' a Boat twuso&s earcll'", , , 1/3
lt-''f'l:&o.lall - Fwd: FW: CONFIDENTIAL SC:iTLEMENT COMMUNICATION
Subject: CONFIDENTIAL SHTLEMENT COMMUNICATION
Wynn(:,
Thank you lbr yOLU' call on Friday. I arn meeting with my client lhis allernoon and will be in touch with you
asap a Iler that.
ln the meantime, so that we all have time to come up with tho best solution for ewryone's interests, will the
NI'S and NPF agree to a stay of tho COLut's Opinion and Memorandum Dcc.ision Jbr H reasonable period ol
time? If not, I' U need to lilc an emergency motion with the Court of Appeals toch1y or tomorrow at the btest
for injtu1ctiw rclid'pending the appeal.
Best regards,
Churlcs
LAW OFFICES OF
CHARLES H. 0.AI\llBc
Chades H, Camp
Law Offices of Charles H, Camp, P.C.
Suite 115G
Tel 202.457.7786
Fax 202,457,7788
t ;I I mall, googla. com/ m <.i!llb/ 1 u/O/ ?t,11=28.ik =r 534 768664& v ICW'"Pl&cat =Jae k' $ e&s , .
Fwd: FW: CONFIDENTIAL Slff'llf.:MENT COMMUNICAllON
Cell 301.461.0283
www.charlcscamplaw.com
ti p:s: // m al!. corn/malJ/b/ 152/ u/01'? i;if S34 "168661\.& v low=pt &c nt ;;:Jack's Boat ho us o&s oi:irch:;;, , . 3/3
l:l'.llr1il"HE INTERIOR Mu!I - FW(t: Koy Orldge 80-1Hhousa- Currant Remo\/<.11
Fwd: Key Bridge Boathouse - Current Removal
LeBel, Stove <steve_lebel@nps.gov> Mon, Apr 1, 2013 at 10:28 AM
To: Robert Eaton <robert.eaton@sol.doi.gov.>
Cc: Tara Morrison <Tara_Morrison@nps.gov>, Walter McDowney <Walter_McDownoy@nps.gov.>, Melissa Lackey
<Molissa.Lackey@sol.doi.gov>, Deborah Haiwy <deborah_harvey@nps.goV>, Steve Whitesell
<Ste1.e_Whitesell@nps.gov>, Philip Selleck <Philip_Selleck@nps.gov>, Lisa Mendelson <lisa._mendelson-
ielmini@nps.gov>, Debra Hecox <debra_hecox@nps.gov>
Rob -
Mike, the new temporary concessioner. has been in discussion with Paul Simkin ref. his personal property, with
a particular interest in the wooden dock. Mike undmstands from his conwrsation that Simkin plans to remo1.e
everything on site, including the deck and the stairs to the dock, which mo affixed to the property. This leads
both Mike and I to believe Simkin does not understand what constitutes personal property and
what constitutes real property, which we believe belong to the government. It is our position the deck and stairs
are the property of the government, and ha;1J attached several photos of the dock and deck to this email.
I've copied Deb HaM>y to confirm these assets are real property.
If we are correct, could we ask the AUSA to contact Simkin (through Camp) to clarify this?
Thanks I
Frorn: Michael Aghajanian <mich<lel.01ghajanian@boatinginboston.com>
Subject: Key Bridge Boathouse - Current Remo"'!
To: Steve LeBel <stewJebol@nps.gov>, "McDowney, Walter" <walter_.mcdowney@nps.gov>
Steve/Mac,
I have been going back and forth with Paul this weekend we are not close yet to a deal but it's cordial and

There has been a list of assets created, howewr some of them are improwments or fixtures to the property such
as the Deck, Stairs, Garden etc. As I understand it those would now be the property of the NPS. Has anyone
made this clear to Paul on what Is to be removed and what stays? Also will anyone be monitoring this?
Hope you gentlemen had a good weekend. Steve if you could mo a call when you get in that would be great.
Michael Aghajanian, Prnsident
http ://www. Boating In Boston. com
T: (617)299"3392x10
E: 111,aghajanim1@boatinginboston.corn
'Boating In Boston Facebook: i Boating In Boston Twitter
t tps: I Im '-'II I, goog le, com/ m allfb/ 152/ u/O/? ll 1"1:2.&lk <:if 5J4 "161l664&v :oJ <lC k's 8oat house&s earc h= ...
1our L.oqo
112
Stew LeBel
Deputy Associate Regional Director, Opemtiom; <>nd Education
Progr'1rn Mmiager, Office of Business Ser'1ces
National Capital Region, Natiorml Park Ser'1ce
Phone: (202) 619-7072
Fax: (202) 619-7157
The information contained in this message may bo protected by attorney-client or other pri\ilego. It is intended
for the use of tho indi\iduals to whom it is sent. Any pri\ilege is not waiwd by \irtuo of this ha\ing been sent by
e-mail. If tho person actually recei\ing this message or any other reader of this message is not a named
recipient, any ~ 1 s e dissemination, distribution, or copying of this cornrnunication is prohibited. If you receiw this
3 attachments
. , 2.17.13 KBB Stairs to Dock.JPG
j 227K
2.17.13 KBB Deck Downstream.JPG
44K
2.17.13 KBB Deck Upstream.JPG
51K
DEPARTMENT OF THI:: INTEHIOR Mall - Fwd: form!;>

"

'
Fwd: Evaluation Forms
Steve LcBel <stel.<l_lebel@nps.gov> Sun, Mar 31, 2013 at 12:05 AM
To: Tara Morrison <tara_morrison@nps.gov>
Cc: Stel.<lWhitesell<Stel.<l_Whitesell@nps.gov>, Lisa Mendelson-lelmini <Lisa_Mendelson-lelmini@nps.gov>
From: Michael Aghajanian <michael.aghajanian@boatinginboston.com>
Date: March 30, 2013, 6:54:36 PM EDT
To: "McDowney, Walter' <waltor ...
Cc: Beth Rinker <beth.rinkor@bmitingindc.com>, Michael Aghajanlan
ton.corn>, Stel.<l Le Bel <stel.<l _lebcl@nps .golf>
Subject: Re: Evaluation Forms
Mr. Mc Downey,
We are looking forward to working with you! I am currently planning being onsite April 8th and
like to-do a walk around with you to get a feel for the site and asses what needs to be done.
I will be sending OIA'lr soon contact information and the website to be approwd.
Feel free to call me anytime.
On Fri, Mar 29, 2013 at 10:58 AM, McDowney, Wallor <walter_rncdowney@nps.goV> wrote:
Hello Beth and Michael
It was my pleasure meeting you yesterday; I think the National Park Ser..ice and B & G Outdoor
Recreation, Inc. are going to hal.<l an enjoyable relationship together. As Ste'A'l said, we are
partners and I want to help you gll.<l our l<isitors th0 best possible ser..ice.
Attached, ploase find two of the elklluation forms I will be using during my Inspections. Onco
you get started there, I'll be coming by to call your attention to parts of your contract to which I'll
especially giw attention. Pay close attention to the Operating Pian and the Maintenance Plan.
S00 you soon and welcome aboard.
Walter E. McDowney
Concessions Management Specialist
700 George Washington Memorial Parkway
McLean VA 22101
112
128/14 DEPARTMENT OF THE Mal! Fwd: Evaluation
703-289-2522 Office
202-4386615 Cell
t1ttp ://www. Boatins1 ln[3oston. com
T: (617)299-'.l392x 10
E: ni.<J(Jht1janian@boatin(linbos ton. com
W,'//,W(o
ll

Boatin(J In Boston Facobook BoatinSJ In Boston Twitter
llps: //mall, google. com! lft>/ 152/ u/Of ?ul=2&ik =f 534 76BGG4&v lewpt a.cal Bo<.11 tious e &5 i;iarch= . ..
Loqo
128/1,;\ DEPARTMENT OF THE INTERIOR Mall. Ro: st1;1.tamant

.

Re: Jacks statement
Barry Roth <barry.roth@sol.doi.gov> Fri, Mar 29. 2013 at 7:16 PM
To: jeffrey_olson@nps.gov. Sue_Waldron@nps.gov, stew_whitesell@nps.gov, Stow_LeBel@nps.gov,
melissa.lackey@sol.doi.gov, tara .. morrlson@nps.gov, robert.eaton@sol.doi.gov
Not for public discussion but J<ick's attorney asked if we would voluntarily stay until the appe01ls court
ruled and the AUSA responded no
From: Olson, Jeffrey [mailto:jeffrey_olson@nps.gov]
Sent; Friday, March 29, 201302;16 PM
To: Sue Waldron <Sue_Waldron@nps.gov>; Barry Roth <barry.roth@lsol.doi.gov>; Steve Whitesell
<steve_whitesell@lnps.gov>; Steve LeBel <Steve_LeBel@nps.gov>; Melissa Lackey
Tara Morrison <la .._1norrison@nps.gov>; Robert Eaton
<robert.cJton@sol.doi.gov>
Subject: Jacks statement
Here is the statement owryone has looked at, edited and accepted. We will keep it In our pocket should any
media call over the weekend. If anyone gets a media call please make sure we hear about it and can respond.
And Barry, we just want to double check that this has gono to AUSA and we have their comments included.
Jeffrey G. Olson
Chief Spokesman (Acting)
omco of Communications
National Park Se,,;ce
1849 C Street NW
Ofnce direct: 202-208-4988
www.nps.gov
t tp:s: I I m<:1l I. googlo. com! mall/bl 152/ ji;;2&1k ;::;f !)31\ 768661\&v iaw=pl&c at ::Jack's f.loal house&s earch = ... 111
120/14 OF 'THE INTF.;RIOR Mall RG": J:;ioks
Re: Jacks statement
Barry Roth <barry.roth@sol.doi.gov> Fri, Mar 29, 2013 at 5:27 PM
To: jeffrsy _olson@nps.gov, Sue_ Waldron@nps.gov, ste..., _ whitesell@nps.gov, Ste"" . _LeBel@nps.gov,
melissa.lackey@sol.doi.gov, tara_morrison@nps.gov, robert.eaton@sol.doi.gov
I sent was ok with AUSA. Main point from them was not having a specific date would open
From: Olson, Jeffrey [mailto:jeffrey ___olson@nps.gov]
Sent: Friday, March 29, 2013 02: 16 PM
To: Sue Waldron <Sue_Waldron@nps.gov>; Barry Roth <barry.roth@sol.doi.gov>; Steve Whitesell
<steve .. whitesell@nps.gov>; Steve LeBel <Steve_LeBel@nps.gov>; Melissa Lackey
<melissa.lackcy@sol.doi.gov>; Tara Morrison <tara ..... morrison@nps.gov>; Robert Eaton
<robert.ea ton@sol .doi. gov>
Subject: Jacks statement
Here is the statement e""ryone has looked at. edited and accepted. We Wiii keep it in our pocket should any
media call o\er the weekend. If anyone gets a media call please make sure we hear about it and can respond.
And Barry, we just want to double check that this has gone to AUSA and wo ha\e their comments included.
Jeffrey G. Olson
National Park Ser;ice
1849 c Street NW
Office direct: 202"208-4988
Cell/Blackberry: 202"230"2088
www.nps.gov
tt pii ; I Im all, com/ m al I/bl 152/ u/O/?Ui=2&1k =f 534 768664&v lew;;;pt&cal ;;;Jack's Boal hou:s e&s earch= . .. 1/1
128/14 DEPARTMEN"f OF 'l'HE INTP.RIOR Ma!! - Jacks slaltimont
Jacks statement
Olson, Jeffrey <jeffrey_olson@nps.gov> Fri, Mar 29, 2013 at 5:16 PM
To: Sue Waldron <Sue_Waldron@nps.gov>, Barry Roth <barry.roth@sol.doi.gov>, Steve Whites<ill
<stew_whitesell@nps.gov>, Stew LeBel <Steve_LeBel@nps.gov>, Melissa Lackey <melissa.lackey@sol.doi.gov>,
Tara Morrison <tara_morrison@nps.gov>, Robort Eaton <robert.eaton@sol.dol.gov>
Here is the statement ewryone has looked at, edited and accepted. We will keep it in our pocket should any
media call owr the weekend. If anyone gets a media call please make sure we hear about it and can respond.
And Barry, we just want to double check that this has gone to AUSA and we have their comments included.
Jeffrey G. Olson
National Park Ser\ice
'1849 C Street NW
www.nps.gov
Li&.:J Jacks Statement 3.29.13.docx
17K
111
Revised Draft March 29, 2013, at 5:10 p.m.
Statement on National Park Service Georgetown Boating Concession
"With the court's ruling we are now moving forward with the new operator that was
competitively selected to provide boat rentals for visitors who want to enjoy the Georgetown
waterfront from the Potomac River. We look forward to an orderly transition and to welcoming
paddlers back for a great season on the water". -- National Park Service Regional Director
Steve Whitesell
Background:
On March 28, the U.S. District Court for the District of Columbia, denied the motion filed by
JACK'S CANOES & KAYAKS, LLC for a Temporary Restraining Order and Preliminary Injunction
that, if granted, would have prevented the National Park Service from moving forward with
concession provided services onsite.
On March 1, the NPS announced the selection of B&G Outdoor Recreation, Inc. for a two-year,
temporary concession contract to provide non-motorized boat rental and storage in Rock Creek
Park along the Georgetown Waterfront.
B&G Outdoor Recreation, Inc., also known as Boating in Boston, is headquartered in Hopkinton,
Mass. It operates six kayak, canoe, pedal boat and rowboat rental locations in the Greater
Boston area, including three at Massachusetts state parks. This is their first concession service
in the Washington D.C. area
B&G, operating as Key Bridge Boathouse, will shortly begin boat rental and storage services
from the site.
Jack's Canoes & Kayaks, LLC, did not submit a proposal to the Request for Qualifications from
which B&G was selected.
(b) (5)
INTERIOR Mall - Ro: J<1ck'$ & Kayaks, llC V. NPS, el. t1ll.
but still dont understand the comment: "Unless the District Court [unlikely] or the Circuit stays the decision,
then they still won't have authority to hold over after April 7".
and, gi"'9n the appeal, do we need any revisions to the statement? I don! think so, but jL1st checking.
if it is good as is, we will keep In pocket til asked
On Fri, Mar 29, 2013 at 11 :50 AM, Barry Roth <bmry.roth@sol.doi.gov> wrote:
That was a comment only my edits were shown on the draft unless I sent the wrong one
From; Waldron, Suzanne [mallto:sue_.waldron@nps.gov]
To: Roth, Barry <barry.rothC91sol.doi.gov>
Cc: Whitesell, Steve <steve_,whitesell@nps.gov>; Steve l.eBel <stevc_lebel@nps.gov>;
mclissa.lackey@sol.dol.gov <melissa.lackey@sol.cloi.gov>; Jeffrcy_Olson@nps.gov
<Jeffrey ... Olson@nps.gov>; Sue ..... Wal(lron@gnps.doi,gov <Sue __ Waldron@g-nps.cloi.gov>;
tara ... mo1-rison@nps.gov <tar<l_morrison@nps.gov>; robert.eat<Jn@sol .doi .gov
< robert.ea ton@sol.do i. gov>
Subject: Re: Jack's Canoes & Kayaks, LLC v. NPS, et. all.
i'm not sure i understand this sentence: "Unless the District Court [unlikely] or the Circuit stays the
decision, then they still won't ha'.19 authority to hold O\l'.lr after April 7".
gi"'9n the appeal, do we need to revise the statement?
also we had thought about a press release, but ha'.19 put that on hold til the new concessioner is actually
in place.
On Fri, Mar 29, 2013 at 11:06 AM, Roth, Barry <barry.roth@sol.doi.gov> wrote:
: After talking to the AUSA we ha'.19 a couple of suggested edits. And unfortunately, Jack's has filed a
notice of appeal to the DC Circuit. Unless the District Court [unlikely] or the Circuit stays the decision,
then they still won't ha'.19 authority to hold O\l'.lr after April 7. But this does raise some uncertainty.
In response to Ste-.9's L's question, in the absence of an Injunction or stay, you can go ahead and we
dont recommend any self-stay, but we should be somewhat circumspect in what we af0 doing. Wynne
; will be talking to their counsel and get a better Idea of what is likely.
Barry N. Roth
Associate Soli.citor
202-20fl-4344

.. qov
' This ('mal I is intended for the use of the individual or entity to whl ch it is addro,sed. It may In
information that is priv!legeci
1
confidential
1
or otherwise protected by appliczib!e law. If you are not
intended or the employee of or agent rcsporis!ble for dellV(!ry of this em8il to the intended recipient,
, hereby notified th;;it its dissemincition
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distribution, copylr1g or use of this ernail is strictly
prohibited. If you this emai I in 4rror
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please notify the sender i and di;.
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s troy c:1 I I co pi es.
On Fri, Mar 29, 2013 at 7:59 AM, Whitesell, Ste'-9 <st<.we __ whitosoll@nps.goV> wrote:
Barry
tt ps: // tn I. com/ m a!lfb/ 15"2./u/OI ?ul r;12&1k =f 534 760tl64&v lew;:;pt&cat =Jae k '$ Bo<1lhm1se&s aarch=, , , 217
11).llM(l.l INTERIOR Mull - Ro: J<1ck;'!'I Canoes & Kayaks, LLC V. NPS, et. all.
Key Bridge Boathouse staff will be on site the 8th to talk to folks about the coming season and to
begin taking reservations to store boats. Unless Simkin completely vacates the premises (remo\es
docks, trailer and large shed), I don't anticipate that the Key Bridge folks will be able to fully deploy
their facilities. We recognize that should Simkin leawi anything behind that we will haw to handle it
as abandoned property requiring safeguarding. How one does that with a dock will be interesting,
tt1ough we haw some ideas.
Our guess is that Key Bridge wont be fully operational until the 15th or so.
On Fri, Mar 29, 2013 at 7:53 AM, Roth, Barry <barry.rotl1@sol.doi.goV> wrote:
Melissa is out today so Rob or I will run the draft press release by tho AUSA momentarily. But
what does it mean they are prepared to open April 8? I don't know anything about concessions or
boat operations, but as of now he has until April 7 under your notice to vacate. So unless he
indicates he is lealing earlier than that, I am curious how fast a turn around is possible.
Ba:r:ry N. Roth
Associ.ate Sol.icitor
Divj.si.on of Parks & Wi.:1.dlife
202-208 .. 4341
Pax: 202-208-3877
Har'r'y,k0L.t1@s,ll .. do.i .. g0v
This en'lciil is intr.nded for the use of the individucil or entity to which it Is addre:;;:;;(:d. It rnlly contFlin
information thr)t is pr!vi\eged, confidentlal
1
or otherwise protected by law. If yo\J t:irc not the
i ntendud pi en t or the etTipl of or ;:i gent res pons i bl e for de! i very of thi en-121 i I to the intended
rcci pi ent
1
you a re hereby no ti fi ed th.:i t its di:.; semi nati on
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dis tri bu ti on
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copying or us c of this ema i I is
strictly pro hi bitcd. lf yo1,J received this cmi:li I In error, please notify the sender imrriediately and dc5troy
all copies.
On Thu, Mar 28, 2013 at 10:03 PM, Ste\e LeBel <stew_lcbol@nps.goV> wrote:
We met with the concessioner this morning. They prepared to open April 8. Their first priority is
: to connect with the folks now storing their boats on the site. Boat rentals will begin once the
, water temp reaches 50, In a couple of weeks.
On Mar 28, 2013, at 8:32 PM, Barry Roth <barry.rott1@sol.doi.goV> wrote:
If you get a call tonite I would think you can say that with the denial of the
motion we <1re proceeding to move forw<ird with the concession starting up
and opening to the public e<1rly next month.
f\"Qm: Suzanne Waldron (ma\\to:sue"',waldron@nps.gov]
Sent: Thursday, March 28, 2013 05:24 PM
Tll: Steve_Whitesell@nps.gov <Steve, . .Whitesell@nps.gov>;
barry. roth((!lsol.doi .gov <barry. roth@sol .doi .gov>
Cc: melissa.lackoy@sol.doi.gov <melissa.lackey@sol.dol.gov>;
Jeffrey __ Olson@nps.gov <Jeffroy_Olson@nps.gov>; Sue_Waldron@g-nps.doi.gov
<Sue_Waldron@g-nps.doi.gov>; tara __ morrison@nps.gov
<lara_morrison@nps.gov>; Steve ___LeBel@nps.gov <Steve_LeBel@nps.gov>;
robert. eoi ton@sol .do i .gov <robcrt. ea to n@sol .doi. gov>
Subject: Re: Jack's Canoes & Kayaks, u_c V. NPS, et. all.
Ok" so has anyone gotten a press call tonite 7 If not, we get ausa ok tomorrow
I Im ail. geog lo. com f m al!fbf 152/u/O/?ul=:?.&lk $34 768664&v !ow::ipt &cat s Boal houso&5 aarch = ...
317
INTERIOR Mail - R0: Canoes & Kayaks, L.LC V. NPS, ot. <.111.
and have it re;.1dy to go.
Barry if there is a media call tonite can we rele<lse?
Jeff could you get someone to work up 11 draft releo1se first thing :;mnouncing
the opening.
Steve/tara: will the concessioner be open for business on april 87 If not,
when-I
WhJt else?
From: Steve Whitesell [mailto:steve_wl1itesell@nps.gov]
Sent: Thursday, March 20, 201308:19 PM
To: Barry Roth <barry.roth@sol.doi.gov>
Cc: Sue_ Walclron@nps.gov <Sue __ Walclronli;1lnps .gov>; m'11issa. lackey@sol .doi.gov
< melissa. lackey@sol. doi. gov>; Jef'frey ___Olson@nps.gov <Jeffrey.__Olson@n ps. gov>;
S ue _ _w a ldron@g nps. c\oi. 9ov <S ue ... W a ldron(cilg-nps. cloi .gov>;
tara __.morrison@nps.gov <tara ..... morrison@nps.gov>; Steve _ _Lel3el@nps.gov
<Stcve_LeBel@nps.gov>; robert.eaton@sol.doi.gov <robert.eaton@sol.doi.gov>
Subject; Re: Jack's Canoes & Kayaks, LLC V. NPS, et. all.
Sue
The statement works fine for me.
On Mar 28, 2013, at 8:18 PM, Barry Roth <barry.roth@sol.doi.gov.> wrote:
Yes
From: Waldron, Suzanne [mallto:sue __.waldron@nps.gov]
Cc: Steve Whitesell <steve_whitosell@nps.gov>; Melissa Lackey
<melissa.lackey@sol.doi.gov>; Jeffrey Olson
<Jeffrey_Olson@nps.gov>; Suzanne Waldron <Sue_Walclron@9-
nps.c\ol.9ov>; Tara Morrison <tara. __morrison@nps.gov>; Steve
LeBel <Steve_LeBel@nps.gov>; Robert Eaton
<robe rt. ea ton@sol. doi. gov>
Subject: Re: Jack's Canoes & Kayaks, LLC V. NPS, et. all.
barry will sol run by ausu
On Thu, Mar 28, 2013 at 7:06 PM, Barry Roth
wrote:
I think this is ok buy we should run by AUSA in the morning.
Key is not to discuss ongoing litigation which I don't think you
are.
From: Waldron, Suzanne [mallto:sue_waldron@nps.9ov]
To: Whitesell, Steve <steve._whitesell@nps.gov>; Melissa Lackey
tt ps: // m cill. goog le, com/ m :;ill/bl 152/ uf0/ '?ul:o2&1k 534 768664&v lew=pt&c.<11 ilC k a oat ho us 0&::; /Jcirc ...
417
F'l!JMB INTERIOR M<.111 .. H(l: ,)ack's Canoes & KE1y<iks, llC V, NPS, i;it. all.
<melissa.lac;kcy@sol.cloi.gov>; Barry Roth
CC: Jeffrey Olson <Jeffrey __ Olson@nps.gov>; Suzanne Waldron
<Sue_Waldron@g-nps.cl0i.9ov>; Tara Morrison
<tara __morrison@nps.gov>; Steve LeBcl <Steve ___ Lef3el@nps.gov>
see how this statement works ... slimmed it down a bit... will keep in
back pocket for incoming calls tonight - suggest we think about
. issuing a press rel0as0 tomorrow announcing the spring opening -
will the opening day be april 87? or will the concessioner requires
a couple of days to set up?
On Thu, Mar 28, 2013 at 5:50 PM, Whitesell, Stew
<stew_whitesell@np8.goV> wrote:
Jeff and Sue
Attached please find my reo;sed statement (the last file) as well
as the court's two decisions. I didn't know if you had s00n them
and the accompanying note from Melissa Lackey explaining
that the court may simply decide the whole issue related to our
proposed dismissal is moot if Simkin leaws quietly.
Let me know if I can answer any questions. I understand you
will either issue this as a stal0ment or hold it pending calls from
the press (assuming they care).
' --Forwarded messag0 -------
From: Lackey, Melissa <rnelissa.lackey@sol.doi.(JOV>
Date: Thu, Mar 28, 2013 at 3:32 PM
Subject: Jack's Canoes & Kayaks, LLC V. NPS, et. all.
To: Margaret O'Dell <peQ\JY ..... o'dell@nps_goV>, Maureen Foster
<maureen_foster@nps.goV>, Stew Whitesell
<ste\19 _whitosell@nps.goV>, Lisa Mendelson <lisa ___rnondelson-
ielmini@nps .go\/>, Tara Morrison <tara __ morrison@nps.go\f.>,
Stew LeBel <sto"" . .Jobel@nps.goV>
Attached for your reo;ew are the Court's Order denying the
Plaintiffs Motion for a Temporary Restraining Order and granting
DC's Motion to Dismiss the claims against It. The Court did not
grant the NPS' Motion to Dismiss, indicating that it would
decide that matter at a later date.
: Although I cannot fully explain the Court's hesitation on that
score. a re..;ew of tho 36-page order suggests that it may be
, waiting to see what happens on April 7 (i.e .. will the Plaintiff
vacate the property \Oluntarily or not), because the Court
considers that the Plaintiffs allegations about "self-help clAction"
are not yet ripe. If the Plaintiff 1,1Jluntarily v.oicates the property
(as Stew LeBel's earlier email about the owirnlght remov.oil of
boats from the property might suggest), the Court could decide
that the case would then be moot and dismiss it on that ground.
If the Plaintiff does hold owr, the NPS could treat it as a
trespasser and remo1,19 It forcibly or it could seek an order of
t t I I rn all. google. com Im aUf bl 1 =r 5'.J4 760664 &v lewi;;pt&c 1;1t =Jae k '::; a oat IK1us e&s earch= ... 5/'I
lNTERIOR Mall .. He: Jock's & Ka)l<.ll<S, LLC V, NPS, at. all.
e'.iction at that point (which could create an ad;erse precedent,
which I would be h<1ppy to discuss further).
In the meantime, I will ask the AUSA to call Plalntifrs counsel
to see if he would tell us if Plaintiff does intend to vacate.
Melissa Lackey
Attorney Ad\>isor
Mail Stop 5311
Phone: 202 513-0733 Fax: 202 208-3877
This e-mail (including any and all attachments) Is Intended for
the use of the indl\1dual or entity to which it is addressed. It
rnay contain information that Is prll11eged, confidential or
otherwise protected by applicable law. If you are not the
intended recipient or the employee or agent responsible for
deli1,1,1ry of this e-mail to the Intended recipient, you are hereby
notified that any dissemination, distribution, copying or use of
: this e-mail or its contents is strictly prohibited. II you recel-.ed
this e-mail In error, please notify the sender immediately and
destroy all copies.
Sue Waldron
: Assistant Director, Communications
National Park Serl1ce
(202) 208-3046
Visit us at www.nps.gov
, 1he National Park Ser11ce cares fer special places sa1,1,1d by the
American people so that all may experience our heritage.
Sue Waldron
Assistant Director, Comrm111ications
National Park SenAce
(202) 208<l046
Vis it us at www.nps.gov
The National Park Ser\1co cares for special places sa;ed by the
American peoplo so that all may experience our heritage.
Ups ://mail.googlo.com/malllb/ 534 i'6a6!M&v Soathous1:1&(>0<1rch111,,. 6tl
J:'l,IJgB INTERIOR M::ill - Ra: Jack's Canoes & LLC V. NP$, et. all.
Sue Waldron
Assistant Director, Communications
National Park Ser,,;ce
(202) 208"3046
' '!he National Park ser,,;ce cares for special places saved by the Americtlrl people so that all may
experience our heritage,
Sue Waldron
National Park ser,,;ce
(202) 208-3046
The National Park Ser,,;ce cmes for special places saved by the American people so that all may experience
our
Sue Waldron
National Park Ser,,;ce
(202) 208-3046
Visit us at www.nps.9ov
The Nationtll Park ser,,;ce cares for special places sa"'d by the American people so that all may experience our
heritage.
EXPERIE.NCE YOUR AMERICA
tips:/ Im.till, googl8. corn/ m 1:11!/ bl 1 $JI\ 768664&v lcw1.1pt&oat =Jack'::; BoJthous e&search=, , , ff/
fP.81.IF'ITHE Mall - Ro: draft new-..J l<ey Bridg0 Bo<1ttlow;.o

.
Re: draft news release Key Bridge Boathouse
Olson, Jeffrey <jeffrey_olson@nps.gov> Fri, Mar 29, 2013 at 12:41 PM
To: "Morrison, Tara" <tara .. morrison@nps.gov>
Cc: "Whitesell, Ste\\'J" <stew_whitesell@nps.gov>, Ste'-'9 LeBel <Ste"9_LeBel@nps.gov>, Lisa_ Mendelson-ielmini
<Lisa_Mendelson-lolmini@nps.gov>, Sue Waldron <Sue_,Waldron@nps.gov>
l'w talked to the concessioner and read Bariy's explanation about what lies ahead In legal proceedings. We will
wait on any news release lintil next week.
On Fri, Mar 29, 2013 at 12:38 PM, Morrison, Tara <tara . rnorrison@nps.9ov> wrote:
All
This looks good to me. I ha\\'J not gotten through the email thread with the solicitor's office along with Ste""
W's message below, waiting until next week will glWJ time for that to all sort out.
Tara
On Fri, Mar 29, 2013 at 10:44 AM, Whitesell, Stew <stow __ whitesell@nps.gov> wrote:
. Jeff
Looks good to me. Veiy cheeiy! I'll let Tara weigh in along with Ste"' LeBel. I'd suggest holding off on this
until midweek by which time we will know whether Paul Simkin is molAng out or not. In the meantime, reach
out to B&G as well to make sure they don't haw any heatburn. Giwn our complete lack of
communications/PIO staff, if you are not available, the list Lisa Mendelson as the point of contact. Use our
202-619-7023 as the number.
Ste""
On Fri, Mar 29, 2013 at 10:34 AM, Olson, Jeffrey <jeffrey_olson@nps.gov> wrote:
Here's the draft. It needs contact information. I'll call the concessioner.
Thoughts, concerns?
Jeffrey G. Olson
Chief Spokesrnan (Acting)
Office of
National Park Ser<ice
1849 c Street NW
' Washington, DC 20240
Cell/Blackberiy: 202-230-2088
www.nps.gov
Tara D. Morrison
t Ip:;: 11m<ill.9oogle, cam/ mal II bl 152/u/O/ ?1.,11;:;?,&lk =f 534 768664&v lew];lpt a.cat =Jae k's hous\"l &5earc h= . .. 112
Mall - Re: draft nUW$ Key Bridgo Bo<ilt\(lWJO
Superintendent
Rock Creek Park
202-895-6004
Jeffrey G. Olson
Chi0f Spokesman (Acting)
Ofnce of Communications
National Pmk Setlice
1849 c street NW
Coll/Blackberiy: 202-230-Wml
www.nps.gov
t tps: ff rn all. ooog!e. com/malt/ b/ 152/ u/O/? &lk ;;;f 534 768664&v Sic al =Jae k's BoaUi(lUS e&5 earch= .. ?,/2

i
.
Re: draft news release Key Bridge Boathouse
Morrison, Tara <tara_morrison@nps.goV> Fri, Mar 29, 2013 at 12:38 PM
To: "Whitesell, Ste"'" <ste\_whitesell@nps.go11>
Cc: "Olson, Jeffrey" <jeffrey_olson@nps.goV>, Ste\ LeBel <Ste\l'l_LeBel@nps.goV>, Lisa_ Mendelson-ielmini
<Lisa_ Mendelson-lolmlnl@nps .goV>
All
This looks good to me. I ha\ not gotten through the email thread with the solicitor's office but along with Ste\
W's message below, waiting until next week will gi"' time for that to 1111 sort out.
Tara
On Fri, Mar 29, 2013 at 10:44 AM, Whitesell, Ste"' <ste\l'l_whitesell@npS.()OV> wrote:
Jeff
Looks good to me. Very cheery! I'll let Tara weigh in along with Ste"' LeBel. I'd suggest holding off on this
until midweek by which time we will know whether Paul Simkin Is mo\1ng out or not. In the meantime, reach
out to B&G as well to make sure they don't ha"' any heatburn. Gi\l'ln our complete lack of
communications/PIO staff, if you are not available, the list Lisa Mendelson as the point of contact. Use our
202-619-7023 as the nurnber.
Ste\
On Fri, Mar 29, 2013 at 10:34 AM, Olson, Jeffrey <jeffrey __ olson@nps.goV> wrote:
Here's the draft, It needs contact Information. I'll call the concessioner.
Thoughts, concerns?
Jeffrey G. Olson
1849 C Street NW
Office clirect: 202-208-4988
Cell/Blackberry: 202-230-2.088
www.npS.fJOV
Tara D. Morrison
Superintendent
Rock Creek Park
202-895-6004
ttps: // mal I. googlo. com/ m <:ill/ bl 1 =f 534 768664& v low=ipt&c<H r.1J ac k's F.loathouse&searc h= ... 111
(b) (5)
INTERIOR Mail - Re: Jack's C<inOO$ & LLC V. NPS, el. a!I .

.
.
Re: Jack's Canoes & Kayaks, LLC V. NPS, et. all.
Roth, Barry <barry.roth@sol.doi.gmr.> Fri, Mar 29, 2013 at 12:33 PM
To: "Waldron, Suzanne" <sue_waldron@nps.goV>
Cc: Stew Whitesell <ste'9_whitesell@nps.goV>, Stew LeBel <stew_lebel@nps.goV>, Melissa Lackey
<melissa.lackey@sol.doi.goV>, ,Jeffrey Olson <Jeffrey_Olson@nps.goV>, Suzanne Waldron <Sue_Waldron@g-
nps.do1.goV>, Tara Morrison <tara_morrison@nps.goV>, Robert Eaton <robert.eaton@sol.doi.goV>
A DORNEY CLIENT COMMUNICATION; A DORNEY WORK PRODUCT; NOT FOR RELEASE
Bar.ry N. l\oth
Ass0ci.atc Solicitor
202-208-4.)44
Fax: 202-208-3877
BiJ .. .qnv
lhls email ls intended for the use of the indivlduc:il or entity to which it is addressed. lt may contain inform(1tion that
Is privllegecl
1
confidcnti;;il, or protected by lc:iw. If you are the intended or the
e111pl oyee of or agent pons l bl e for cJel i very of this i I to the l ntencled recipient, you a re hereby no ti fi ed that its
di $Sen1l n11 ti on
1
dis trl bu ti on, copying or of this erna i l is strict! y pro hi bitr.d, If received this ernfl i I in r.rror,
please notify the sender and destroy all copies.
On Fri. Mar 29, 2013 at 12:23 PM, Waldron, Suzanne <sue .... walclron@nps.goV> wrote:
got your edits, thanks!
then they still won't have authority to hold over after April 7".
and, gl'9n the appeal, do we need any revisions to the statement? I dont think so, but just checking.
tips:// m <.111. gaog!o. eom/ m (:Ill/ bl 15?./u/O/ ?ul=2&ik =f 534 7GIJGG4& v &cat iac k' 5 a oat hou:so&soarc h= ... 117
:: THI!'. INTERIOR Mall - Re: Ji:ick's Canco:> & !(t1Y:;lk5. LLC V. NP$, el, all.
if it is good as is, we will keep in pocket ti! asked
On Fri, Mar 29, 2013 at 11:50 AM, Barry Roth <barry.roth@sol.doi.go\I> wrote:
That was a comment only my edits were shown on the drnft unless I sentthe wrong one
From: Waldron, Suzanne [mailto:sue_waldron@nps.gov]
Sent: Fridoy, March 29, 2013 OB: 43 AM
To: Roth, B.'lrry <barry,rolh@sol.doi.gov>
Cc: Whitesell, Steve <steve"_whitesell@nps.gov>; Steve Lelle! <steve_ .. lebel@nps.gov>;
melissa.lackey@sol.cloi.9ov <mellssa.lackey(ii)sol.cloi.gov>; Jeffrey,_Olson@nps.gov
<Jeffrey __ Olson@nps, gov>; Sue_ Waldron@g-nps,dcJi.gov <Sue ... Waldron@g .. nps.doi .9ov>;
tara .... morrison@nps.gov <tara ..... morrison@nps.gov>; roberteaton@sol.doi.gov <robert.eaton@sol.doi.gov>
i'm not sure i understand this sentence: "Unless the District Court [unlikely] or the Circuit stays the
decision, then they still won't ha;e authority to hold over after April 7".
given the appeal, do we need to relise the statement?
also we had thought aboL1t a press release, but have put that on hold til the new concessioner is actually in
place.
On Fri, Mar 29, 2013 at 11:06 AM, Roth, Barry <bmry.roth@sol.doi.gov.> wrote:
After talking to the AUSA we have a couple of suggested edits. And unfortunately, Jack's has filed a
notice of appeal to the DC Circuit. Unless the District Court [unlikely] or the Circuit stays the decision,
then they still won't ha;1J authority to hold 0;1Jr after April 7. But this does raise some uncertainty.
In response to Steve's L's question, in the absence of an injunction or stay, you can go ahead and we
don't recommend any selfstay, but we should be somewhat circumspect in what we are doing. Wynne
will be talking to their counsel and get a better idea of what is likely.
, N. Roth
, Sol:Lc:l. tor
Divisi.on of Park6 & Wildl.i.fe
202 .. 208-1'.J44
Fax: 202-208-3877
.. qov
This emai I is i ntencied for the use of tho i nc.Hviciual or cnti ty to whic:h it is addr8ssed. It may contain
i nformi:l ti on that is pri vi I eged
1
confi dentl s I 1 or otherwise by a pp! i C<.l bl e I aw. If you i:l re not the
intencled rc:cipfent or the of or ag<:nt responsible for delivery of this email to the intended recipient,
, you hereby no ti fi cd th'1 t I ts di ss cmi n;:1 ti on
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ells tri cn
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copying or use of thi $ ema i I is s tri ctl y pro hi bi tcd.
If you received this err1ail in error, please notify the sender in1mediately and destroy copies.
On Fri, Mar 29, 2013 at 7:59 AM, Whitesell, Ste'-"l <steve_.whitesell@nps.nov.> wrote:
Barry
Key Bridge Boathouse staff will be on site the 8th to talk to folks about the coming season and to begin
taking reser.ations to store boats. Unless Simkin completely vacates the premises (remo;1Js docks,
trailer and large shed), I don't anticipate that the Key Bridge folks will be able to fully deploy their
facilities. We recognize that should Simkin lea;e anything behind that we will have to handle it as
abandoned property requiring safeguarding. How one does that with a dock will be interesting, though
ttps ://mall. grJClglo. comlm 1521 u/01 ?ulc2&1k =f 534 7G 066'1 &v 's &se;;irc h= . .. 217
r.!.ifMi!'l IN'ffjHIOH Mi;ill - Re; Jack's Canoes & Kayaks, LLC V. NPS, i:lt. <Ill.
we ha\13 some ideas.
Our guess is that Key Bridge won't be fully operational until the 15th or so.
On Fri, Mar 29, 2013 at 7:53 AM, Roth, Barry <bmry.roth@sol.cloi.gov.> wrote:
Melissa is out today so Rob or I will run the dran press release by the AUSA momentarily. But what
does it mean they are prepared to open April 8? I don't know anything about concessions or boat
operations, but as of now he has until April 7 under your notice to vacate. So unless he indicates he
is lea\.ing earlier than that, I am curious how fast a turn around is possible.
Barry N. Roth
Associate Sol.icj,tor
Dj,visi.on of Parks & Wildlife
202 .. 2081311
rnx: 202-208-38'1"/
.doi .qo'J
This email is intondod for t.hc.
1
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On Thu, Mar 28, 2013 at 10:03 PM, Ste\13 LeBel <stow_lebel@nps.gov.> wrote:
W0 met with the concessioner this morning. They prepared to open April 8. Their first priority is to
connect with the folks now storing their boats on the site. Boat rentals will begin once the water
temp reaches 50, in a couple of weeks.
If you get a call tonite I would think you can say that with the deni<il of the
motion we are proceeding to move forward with the concession starting up and
opening to the public early next month.
ffQm: Suzanne Waldron [mallto:sue .... waldron@nps.gov]
To: Steve_,Whitesell@nps.gov <Stcve_Whitesell@nps.gov>; barry.mth@sol.cloi.gov
Cc: melissa.lackey@sol.doi.gov <melissa.lackey@sol.doi.gov>;
Jeffrey_ Olson@n ps, gov <Jeffrey __ Olson@ nps. gov>; Sue .. Wa ldron@g-nps. doi. gov
<Sue ___Wa ldrrn1@g n ps. doi. gov>; tara ..... morrison@nps.gov
<tara_morrison@nps.qov>; Steve ___LeBel@nps.gov <Steve .... LeBelC91nps.gov>;
rnbert. ea ton@sol .doi. gov < robert. ea ton@sol .doi, gov>
Ok- so has anyone gotten a press call tonite? If not, we get ausa ok tomorrow
and have it ready to go.
Barry if there is a media call tonitc can we release?
Jeff could you get someone to work up a draft release first thing announcing
the opening.
11 mail. google. com f mCl!l/b/ 152/ u/O/?u l:ii2&1k ::;f 53i\ 768664& v iew=p\&c <it =J <.\CK'$ e&513arc h= ... 111
~ T H INTERIOR Mall - Ro: JacK's CiJnaaa & Kayak:;, LLC V, NPS, at. all.
Steve/tara: will the concessioner be open for business on april 8? 11' not, when?
What else?
From: Steve Whitesell [mallto:steve_whitosell(\ilnps.9ov]
To; Barry Roth <bany.roth@sol.cloi.9ov>
Cc: S ue_.Waldron@lnps.gov <S L1e_.Waldron@nps.gov>; 111eliss<1. lackey@sol.doi.gov
<melissa. lackey@ sol. do i .gov>; Jeffrev .. Olson(i)l n ps. gov <Jeffrey __ Olson@nps.gov>;
Sue ... Waldron@g-nps.doi.gov <Suo_Walclron@g"nps.doi.gov>;
ta ra_rno1-rlson@nps.gov <ta 1a_morrison@nps, gov>; Steve __ Leflel@nps.gov
<S teve_l..ellel@nps.gov>; robert. eaton@so I. doi. gov < robert. e
Sue
lhe statement works fine for m0.
On Mar 28, 2013, at 8:18 PM, Barry Roth <barry.roth@sol.doi.gol/> wrote:
Yes
From: Waldron, Suzanne [rnailto:sue_waldron(qlnps.gov]
Cc: Steve Whitesell <steve .. _whitesell@nps.gov>; Melissa Lackey
<n1elissa.lackey@sol.doi.gov>; Jeffrey Olson
<Jeffrey_Olson@nps.gov>; Suzanne Waldron <Sue __Waldron@g-
nps.doi.gov>; Tara Morrison <tara, .... rnorrlsonCQlnps.gov>; Steve LeBel
<Steve.J.eBel@nps.gov>; Robert Eaton <robert.eaton@sol.doi.gov>
barry will sol run by aus u
On Thu, Mar 28, 2013 at 7:06 PM, Barry Roth
<barry,roth@801.doi.goV> wrote:
I think this is ok buy we sho,tlcl run by AUSA in the morning. l<ey
is not to discuss ongoing litigation which I don't think you are.
From: Waldron, Suzanne [rnailto;we_walclron@nps.gov]
Sent; Thursday, March 28, 2013 03:56 PM
To: Whitesell, Steve <steve._,whitesell@nps.gov>; Melissa Lackey
<rnelissa.lackey@sol.doi.gov>; B:lrry Roth <barry.rnth@sol.doi.gov>
Cc; Jeffrey Olson <Jeffrey_Olson@nps.gov>; Suzanne Waldron
, <Sue_Waldron@g-nps.cloi.gov>; Tara Morrison
<tara ... morrison@nps.gov>; Steve LeBel <Steve __ LcBel@nps.gov>
see how this statement works ... slirnmed It down a bit... will keep in
back pocket for incoming calls tonight - suggest we think about
issuing a press release tomorrow announcing th0 spring opening --
will Lhe opening day bG april 6?? or will the concessioner requires a
41'1
=THE INTERIOR RI;;!: Jack's Canoo:; & l(ciy<iks, U.,C V, NPS, et. all.
couple of days to set up?
<st0w,_whitesell@nps.go11> wrote:
Jeff and Suo
Attached please find my re;ised statement (the last file) as well as
the court's two decisions. I know if you had seen them and
the accompanying note from Melissa Lackey explaining that the
court may simply decide the whole issue related to our proposed
dismissal is moot if Simkin leaws quietly.
Let me know if I can answer any questions. I understand you will
either issue this as a statement or hold it pending calls from the
press (assuming they care).
----Forwarded
From: Lackey, Melissa <rnclissa.lackey@sol.doi.go11>
To: Margaret O'Dell <peggy __ o'doll@nps.9011>, Maureen Foster
<rrwureen_foster@nps.golf>, Stew Whitesell
<stew_whitesell@nps.gol/>, Lisa Mendelson <lisa_mendelson-
ielrnini@nps .golf>, Tara Morrison <tara_rnorrison@nps .golf>,
Ste.,., LeBel <ste""'_lobol@nps.gol/>
Attached for your re;iew are the Court's Order denying the
Plaintiffs Motion for a Temporary Restraining Order and granting
DC's Motion to Dismiss the claims against it. The Court did not
grant the NPS' Motion to Dismiss, indicating that it would decide
: that matter at a later date.
Although I cannot fully explain the Court's hesitation on that score,
a re;iew of the 36-page order suggests that it may be waiting to
see what happens on April 7 (i.e., will the Plaintiff vacate the
property \l'.lluntarily or not), because the Court considers that the
Plaintiffs allegations about "self-help eviction" are not yet ripe. If
: the Plaintiff \l'.lluntarily vacates the property (as Ste1,1; LeBel's
: earlier email about the owrnight removal of boats from the property
might suggest), the Court could decide that the case would then
be moot and dismiss it on that ground. If the Plaintiff does hold
o;er, the NPS could treat it as a trespasser and remo...., it forcibly
or it could seek an order of eviction at that point (which could
create an adwrse precedent, which I would be happy to discuss
; further).
In the meantime, I Wiii ask the AUSA to call Plaintiffs counsel to
: see if he would tell us if Plaintiff does intend to vacate.
Melissa Lackey
, Attorney Advisor
U. S. Departm<'mt of the Interior, Office of the Solicitor
Mail Stop 5311
5/l
1211'Mf.1 Mail - Ro: J<.iCK'::; & Kayaks, LLC V. NPS, i;it. all.
Sue Waldron
Phone: 202 513"0733 Fax: 202 208"3877
This e"mail (including any and all attachments) is intended for the
use of the indil.idual or entity to which it is addressed. It may
contain information that is prilileged, confidential or otherwise
protected by applicablG law. If you are not the intendod recipient
or the employee or agent responsible for deli...ary of this e"mail to
tho intended recipient, you are hereby notified that any
dissemination, distribution, copying or use of this e"mail CJr its
contents is strictly prohibitod. If you receiwd this e"mail in error,
please notify the sender immediately and destroy all copies.
Sue Waldron
National Pmk Ser\1ce
(202) 208"3046
The National Park Serl.ice cares for special places saved by th0
Sue Waldron
National Park Serlic0
(202) 208"3046
The National Park Service c<ir0s for special places saved by the
EXPERIENCE YOUR AME.RICA
(202) 208"3046
tips: I Im <ii I. com/mall/ b/ 1521 lk ;:;f 53i\ 7138664& v l<lWtJpt &cat :;:Jack ':s Bac1mous e &se.;irc h= ... 617
t2JJHI!\ Mail - Ro: J<.1ck's Cono(:ls & KayaK:>, LLC V, NPS, et. all.
The N<ltional Park Ser;ico cares for special places saved by the American people so that all may exporionce
our heritage.
Sue W 11ldron
Assistant Director. Communications
National Park S0r;ice
(202) 208-3046
The National Park Service cares for speci<ll places saved by the American people so that all may experi011ce
our heritage.
I Im all. googllJ. com/mall/ bl 152/ u/O/?llt==:l&lk 01f 534 768664& v pt&cat =Jack's Bucithous e&!?<3Brc h= .. 717
.t2!JHP.1 M.;ill. Re; J:;ick's Canoo::; & Kayaks, t.l,C V. NPS, at. all.

.
Waldron, Suzanne <sue_waldron@nps.gov> Fri, Mar 29, 2013 at 12:23 PM
Cc: Ste>e Whitesell <ste>e_whitesell@nps.gov>, Ste>e LeBel <ste>e_lebel@nps.gov>, Melissa Lackey
<melissa.lackey@sol.do1.golf.>, Jeffrey Olson <Joffrey_Olson@nps.gov>, Suzanne Waldron <Sue_Waldron@g-
nps.doi.gov>, Tara Morrison <tara _morrison@nps.gov>, Robert Eaton <robert.eaton@sol.doi.golf.>
got your edits, thanks!
then they still won't have authority to hold over after April 7",
and, gi>en the appeal, do we need any relAsions to the statement? I dont think so, but just checking.
if it is good as is, we will keep in pocket til asked
On Fri, Mar 29, 2013 at 11:50 AM, Barry Roth <barry.rotl,@sol.doi.gov> wrote:
That was a comment only my edits were shown on the dr<1ft unless I sent the wrong one
From: Waldron, Suzanne [mailto:sue_.waldron@nps.gov]
To: Roth, Barry <barry.roth@sol.cloi.9ov>
Cc: Whitesell, Steve <steve_whitesell@nps.gov>; Steve LeBel <steve_lebel@nps.gov>;
melissa.lackey@sol.doi.gov <melissa.lackey@sol.doi.gov>; Jeffrey_Olson@nps.gov <Jeffrey_Olson@nps.gov>;
s ue_.W a ldron@g- nps. doi .gov <S ue .. .W aid ro n@wnps. doi ,g()V>; tar a .. _morrison@nps.gov
<ta ra ___morrison@nps.gov>; robert. eaton@sol.do i .gov < rober t. ea ton@sol .doi. 9ov>
Subject: Re: Jack's Canoes & Kayaks, LLC V, NPS, et all.
i'm not sure i understand this sentence: "Unless the District Court [unlikely] or the Circuit stays the decision,
then they still won't ha>e authority to hold o>er after April 7".
gi>en the appeal, do we need to rel<ise the statement?
also we had thought about a press release, but ha>e put tt1at on hold til the new concessioner is actually in
place.
On Fri, Mar 29, 2013 at 11:06 AM, Roth, Barry <barry.roth@sol.doi.golf.> wrote:
After talking to the AUSA we ha>e a couple of suggested edits. And unfortunately, Jack's has filed a notice
of appeal to Hie DC Circuit. Unless the District Court [unlikely] or the Circuit stays the decision, then they
still won't ha'-'3 al1thority to hold ol.<3r alter April 7. But this does raise some uncertainty.
In response to Stel.<3's L's question, in the absence of an injunction or stay, you can go ahead and we don't
recommend any selfstay, but we should be somewhat circumspect in what we are doing. Wynne will be
talking to their counsel and get a better idea of what is likely.
116
=THE INTER!Or:i. - Jack's Canoo:; & Kr.iy<iKf.I, t.l.C V, NPS, at. all.
BaL'l'Y N. Roth
Solicitor
of Parks & Wil.dJ.j,fe
202-?08,..4344
Pax: 202-200-3877
x:y . .l.
1
'..o : .. .<::n 1 , (lo i .. qoJ
This i I i intended for thr:.1 l.1s (J of i rid i vi d ua I or entity to whi r.h it i ;:i ddres s ed. It mny n inf or rna ti on
that is pd vi f eged
1
confi dunti I, cJr se protected by ppl i cable I aw. If yot1 ;::ire not I reci pi <1nt or
the of or <=igf,!nt for delivery qf this to the intended

you are hcraby
that its

distribution, c:opying or use of this 01nciil is strictly probibited. lf this err1oil
In crror
1
please notify the imr\icdiately and dos troy copies.
On Fri, Mar 29, 2013 at 7:59 AM, Whitesell, Stew <stew_whitesell@nps.goV> wrote:
Barry
Key Bridge Boathouse staff will be on site the 8th to talk to folks about the corning season and to begin
taking reservations to store boats. Unless Simkin completely vacates the premises (rornows docks,
trailer and large shed), I don't anticipate that the Key Bridge folks will be able to fully deploy their faclllties.
We recognize that should Simkin lea-..i anything behind that we will haw to handle it as abandoned
property requiring safeguarding. How one does that with a dock will be interesting, though we haw some
ideas.
On Fri, Mar 29, 2013 at 7:53 AM, Roth, Barry <barry.roth@sol.doi.(JOV> wrote:
Melissa is out today so Rob or I will run the draft press release by the AUSA momentarily. But what
does it mean they are prepared to open April 87 I don't know anything about concessions or boat
operations, but as of now he has until April 7 under your notice to vacate. So unless he indicates he is
leal.>ing earlier than that, I am curious how fast a turn around is possible.
Ba.rry N. Roth
Associate Solici.tot
Divisior1 o[ & Wildlife
202-?.08-4344
Fox: 202-208-3877
.. ci0i .qov
This cmi:lil !::; intended for u:-;e of the Individual or entity to which it is ;:iddrcsscd. It rnay contain
informition that is privileged
1
confidential, or otherwise protected by applic;;ab1e law, If yo\J not the
intended rcc;ipicnt or the employee of or i:lgent responsible for delivery of this em<Jil to the intended recipiGnt,
you are hereby notified thi'lt. its dissemlnatlot\

copying or use of this emal I ls strictly
prohibited. lf you received this. email in nrror
1
please notify the :;;cndE:r immediately and dr.stroy all copies.
On Thu, Mar 28, 2013 at 10:03 PM, Stew LeBel <stew_lebel@nps.goV> wrote:
We met with the concessioner this morning. They prepared to open April 8. Their first priority is to
connect with the folks now storing their boats on the site. Boat rentals will begin once the water
temp reaches 50, in a couple of weeks.
If yo1J get a call tonitc I would think you can say that with the deni<1I of the motion
we are proceeding to move forward with the Goncession starting up and opening
ttps: 11m com/ m<:ii!fb/ 152lulOl?ul ;;i;2&1k =f 534 768664&v r.J ack' s Boat hou::>o&so<irc hr.1, , , 216
f:211'Hl?I. INTERIOR .. Canoes & Kay<:iks, LLC V. NPS, (lt. <ill.
to the public early month.
From: Suzanne Waldron [mailto:sue.,w<ildron@nps.gov)
To: 5 teve ___ WhitesellC\l)nps.gov <Steve __Whitesell@nps.gov>; barry.roth@sol.cloi .9ov
< ba rry. roth(cil sol. do i .gov>
C<;; meliSSil .lackcy@sol.cloi.gov <melissa. lac;keyli:1lsol .cloi .gov>; Jeffrey,,.Cllson@nps.(JOV
<Jeffrey_ Olson@nps.gov>; S __ Waldron@g-nps.cl0i .gov <Sue .. .W<Jldron@g-
nps.cloi.gov>; ta ra __ morrison@nps.gov <tara __ n1orrison@nps.gov>;
Steve_JeBel@nps.gov <S teve __ LeBel@nps.gov>; robert.eaton@sol.cloi.gov
<robert.eaton@sol .doi .gov>
Ok- so has anyone gotten a press call tonite? If not, we get ausa ok tomorrow and
have it ready to go.
Barry if there is a media e<1ll tonite can we release?
Jeff could you get to work up a draft release first thing announcing the
opening.
Steve/tara: will the concessioner be open for business on april 8? If not, when?
What else?
From: Steve Whitesell [mailto;steve __ whitesell@nps.9ov]
To; Barry Roth <barry.roth@sol.doi.gov>
C<:: Sw_ Walclron@nps.gov <S ue .... Waldron@nps.gov>; melissa.lackey@sol.doi.gov
<mclissa. lackey@sol.do i .gov>; Jdfrey _ Olson@nps.gov <Jeffrey_ Olson@nps.gov>;
5 ue .. __ Waldron@g--nps.doi.gov <5 ue_ W<1ldron@g .. nps.doi.gov>; tara ..... morrison@nps.gov
<tara .... morrison@nps.9ov>; Steve ...... Lel3el@nps.gov <Steve_LeBel@nps.gov>;
robcrt.eaton@sol.doi.gov <rc)bert.eaton@sol.cloi.gov>
Sue
The statement works fine for rne.
On Mar 28, 2013, at 8:18 PM, Barry Roth <barry.roth@sol..doi.gov> wrote:
Yes
To: Barry Roth <bar1-y.roth@sol.doi.gov>
C<;: Steve Whitesell <steve .... whitesell@nps.gov>; Melissa Lackey
<melissa.lackey@sol.doi.gov>; Jeffrey Olson <Jeffrey __ Olson@nps.gov>;
Suzanne Waldron <Sue_Waldron@g .. nps.doi.gov>; Tara Morrison
<tara_morrison@nps.gov>; Steve LcBel <Stave_LeBelC<ilnps.gov>; Robert
Eaton <robert.eaton@sol.doi.gov>
t t p:s: If mail. googlo. com/ m <:1111bl1 5.2/ u/O/?u!=2&1k =r 534 76!l0134&v lowr.1pt =Jack' a Boalhous o&:> eoirc h , 316
PJ!JH!l INTERIOR Mall - Ru: J<.lCk's CiJf'lQ(lf) &. LLC V. NPS, Ol. <ill.
On Thu, Mar 28, 2013 at 7:06 PM, 8arry Roth <bmry.roth@sol.doi.gov.>
wrote:
I think this is ok buy we run by AUSA in the morning. Key is
not to discuss ongoing litigation which I don't think you are.
From: Waldron, Suzanne .... waldron@nps.gov]
Sent: Thursday, March 28, 20l.3 03:56 PM
To: Whitesell, Steve <steve ___whitesell@nps.gov>; Melissa Lackey
<melissa.lackey@sol.doi.qov>; Barry Roth <barry.roth@sol.doi.gov>
Cc: Jeffrey Olson <Jeffrey,, ___Olson@nps.gov>; Suzanne Waldron
<Suo_Walclron@g-nps.cloi.gov>; Tara Morrison
<tara __ .morrison@nps.gov>; Steve LeBel <Steve_LeBel@nps.gov>
see how this statement works ... slimmed it down a bit ... will keep in
back pocket for incoming calls tonight .. suggest we think about issuing
a press release tomorrow announcing the spring opening - will the
opening day be april 87? or will the concessioner requires a couple of
days to set up?
<ste1A>, __ whit0soll@nps.gov.> wrote:
Jeff and Sue
, Attached please find my re'lised statement (the last file) as well as
the court's two decisions. I didn't know if you had seen them and
the accompanying note from Melissa Lackey explaining that the
, court may simply decide the whole issue related to our proposed
dismissal is moot if Simkin leaws quietly,
Let me know If I can answer any questions. I understand you will
either Issue this as a statement or hold it pending calls from the
press (assuming they care).
---- Forwarded message --------
From: Lackey, Melissa <melissa.lackey@sol.doi.gov.>
Subject: Jack's Canoos & Kayaks, LLC V. NPS, et. all.
, To: Margaret O'Dell <peggy ____o'dcll@nps.gov.>, Maureen Foster
<maureen_foster@nps.gow-, Stew Whitesell
<ste\<l ___whitcscll@nps.gov.>, Lisa Mendelson <lisfl ___mendelson-
ielrnini@nps .gov.>, Tara Morrison <tara_morrison@nps.gow-, Stew
LeBel <steveJebol@nps.gov.>
, Attached for your re'liew are the Court's Order denying the Plaintiff's
Motion for a Temporary Restraining Order and granting DC's Motion
to Dismiss the claims against It. The Court did not grant the NPS'
Motion to Dismiss, Indicating that it woutd decide that matter at a
later date.
Although I cannot fully explain the Court's hesitation on that score, a
l\!6
P};IJHll lNTERIOR Ro: Jo11cK'5 & Kayak:>, llC V, NPS, at. all.
re\iew of the 36-page order suggests that it may be waiting to see
what happens on April 7 (i.e., will the Plaintiff vacate the property
-.uluntarily or not), because the COlirt considers that the Plaintiffs
allegations about "self-help e-.iction" are not yet ripe. If the Plaintiff
-.uluntarlly vacates the property (as Stew LeBel's earlier email about
the OIA'lrnight removal of boats from the property might suggest), the
Court could decide that the case would then be moot and dismiss it
on that ground. If the Plaintiff does hold owr, the NPS could treat it
as a trespasser and remol.\'l it forcibly or it could seek an order of
e\iction at that point (which could create an adl<9rse precedent,
which I would be happy to discuss further).
In the meantime, I will ask the AUSA to call Plaintiffs counsel to see
if he would tell us if Plaintiff does Intend to vacate.
Melissa Lackey
Attorney Ad-.isor
1849 C Street NW, Roorn 5323
Mail Stop 5311
Phone: 202 513-0733 Fax: 202 208-3877
This e-rnail (including any and all attachments) is Intended for the
use of the indi-.idual or entity to which it Is addressed. It rnay
contain information that is pri-.ileged, confidential or otherwise
protected by applicable law. If you are not the intended recipient or
the employee or agent responsible for delil.\'lry of this e-rnail to the
intended recipient, you are hereby notified that any dissemination,
distribution, copying or use of this e-mail or its contents is strictly
prohibited. If you recei'-"ld this e-mail in error, please notify the
sender immediately and destroy all copies.
Sue Waldron
(202) 208-3046
The National Park Ser\ice cares for special placos sawd by the
Sue Waldron
ti p:s: I I I. google, com/ m a!l!bf 1 52/ u/01 ?ul ;;:f ,534 768664& v
&cat ;::;Jack :s BoaU\ouso&s earc; h= ... 516

1'-!IHlil INTERIOR Mall - Ro: J<.,ck's & LLG V. NP$, Cl. <Ill,
Sue Waldron
National P<irk Ser;ice
(202) 208-3046
The National Park Se1';icc cares for special places sa\lld by the
Ameri(;an people so that all may experience our heritage.
Assistant Director, Comm1Jnications
National Park Sel'lice
(202) 208-3046
The National Park Service cares for speci<il places sawd by the American people so that all may experience
. our h0ritag0.
Sue Waldron
National Park ser;ice
(202) 208"3046
Visit IJS at www.nps.gov
The National Park Service cares for special places sawd by tt1e American people so that all may experience OLJr
heritage.
ltps :// m <.ill. com/ m all/b/ 152/u/O/?u!=:'?.&ik '168664 & v law=pt&cclt tick's e&s aarch= ... 616

Ell
Barry Roth <barry.roth@sol.doi.gov:> Fri, Mar 29, 2013 at 11 :50 AM
To: Sue_Waldron@nps.gov
Cc: st0',{)._Whitesell@nps.gov, stew_lebel@nps.gov, melissa. lackey@sol.dol .gov, Jeffrey_ Olson@nps.gov,
Sue_Waldron@g-nps.dol.gov, tara_morrison@nps.gov, robert.eaton@sol.doi.gov
That was a comment only my edits were shown on the draft unless I sent the wrong one
from: Waldron, Suzanne
To: Roth, Barry <b<lrry.roth@sol.doi.gov>
Cc: Whitesell, Steve <steve ___whitesoll@nps.gov>; Steve LeBel <steve___lebel@nps.gov>;
melissa .lackey@sol.doi ,gov < 111elissa .lackey(ljlsol .cloi.gov>; Jeffrey __ Olson@nps.gov <Jeffrey __ Olson@nps.gov>;
Sue_ W a ldron(ii1 g- n ps. cloi. gov <Sue_ Waldro n(<jlg-nps .doi, gov>; ta ra_111orrison@n ps. gov
<tar<unorrison@nps.gov>; robert.eaton@sol.doi.gov <robert.eaton@sol.doi.gov>
i'm not sure i understand this sentence: "Unless the District Court [unlikely] or the Circuit stays the decision.
then they still won't haw authority to hold owr after April 7".
giwn the appeal, do we need to re>Ase the statement?
also we had thought about a press release, but ha',{) put that on hold til the new concessioner Is actually in
place.
On Fri, Mar 29, 2013 at 11:06 AM, Roth, Barry <barry_rath@sol.doi.gov:> wrote:
After talking to the AUSA we ha',{) a couple of suggested edits. And unfortunately, Jack's has filed a notice of
appeal to the DC Circuit. Unless the District Court [unlikely] or the Circuit stays the decision, then they still
won't haw authority to hold O',{)r after April 7. But this does raise some uncertainty.
In response to Stew's L's question, in the absence of an injunction or stay, you can go ahead and we don't
recommend any selfstay, but we should be somewhat circumspect in what we are doing. Wynne will be
B,;1.r.ry N. Roth
Associ.ate Solicitor
Di.vision of Parks 5 Wildlife
202-208-4344
Fax: 202-200-3877
Barry.Rol.l18S<).l.,do:L.guv
This. cm;;;ill is for th<.l of or entity to which it It may c:ont<:1in lnl:ormation
th(lt is prl vi I eaed
1
confi dcnti a Ii or othcrwi s.c by a pp! i ca bl c low. If you a re not the i reel pi cnt or the
of or age:nt ble for del of thl s emai I to the i r1tendeci reci picnt, you a re hereby notifi thci ti ts
Jisscmintltion, distribution, copying or use of this i.s strictly prohibited. If you rt.
1
ceivcd this in error,
pl(,);::ise notify the sender and destroy all
F'28Hi:1 INTf!HIOH Moll - Re: Jack's C.:ma<:l5 & L.LC V, NPS,
On Fri, Mar 29, 2013 at 7:59 AM, Whitesell, Ste1.e <stew. ___whitescll@nps.gov.> wrote:
Barry
Key Bridge Boathous0 staff will be on site the Bth to talk to folks about th0 coming season and to b0gin
taking reservdtions to store boats. Unless Simkin completely vacates the premises (rema1.es docks, trailer
and larg0 shed), I don't anticipate that the Key Bridge folks will b0 able to fully deploy their facilities. We
recognize that should Simkin lea1e anything behind that we will ha\ to handle it as abandoned property
requiring safeguarding. How one does that with a dock will be interesting, though we ha1.e some ideas.
On Fri, Mm 29, 2013 at 7:53 AM, Roth, Barry <barry.roth@sol.doi.gov.> wrote:
Melissa is Olli today so Rob or I will run the draft press release by the AUSA momentarily. But what does
it mean they are prepared to open April B? I don't know anything about concessions or boat operations,
but as of now he has until April 7 under your notice to vacate. So unless he indicates he is lea-.ing earlier
than that, I am curious how fast a turn around is possible.
B.::tr.ry N. Roth
Associate Solicitor
Di,vioion of Parks & Wildlife
202208-1344
Fax: 202-208-3877
.. gov
This ern:::iil is intended for the use of the or entity to which it i5 addressed. It
informotion th<ll ls privileged, confidential, or otherwise proto!cted by applicable law. If you are not the
i nter1ded recipient or the cmp! oyce of or a gent res pons i bl e for deli very of this cma i I to the intended rcc:i pi ent,
you a re hereby notifi that its dis semi nation
1
di butlon
1
copying or of thl s emal I Is stri ct!y prohl bi tecl.
If rcc:ci vr.d thl s 11 in error
1
ph':la s c notify the sender i rnmcd i a tel y <;'I tld des troy a 11 co pi es.
On Thu, Mar 28, 2013 at 10:03 PM, Ste1.e LeBel -<st01AJ_Jebel@nps_goV> wrote:
connect with the folks now storing their boats on the site. Boat rentals will begin once the water temp
reaches 50, in a couple of weeks.
If you get a c<Jll tonite I wo"ld think you can say that with the denial of the motion
we NG proceeding to move forward with the concession starting up and opening to
the public early next month.
from: Suzanne Waldron [mailto:sue_waldron@nps.gov]
To: Steve_Whltesell@nps.gov <Steve_Whitesell@nps.gov>; barry.roth@sol.dal.gov
< bii rry. roth(\ilsol. doi .gov>
Cc: melissa.lackey@sol.cloi.gov <melissa.lackey@sol.doi.gov>; Jeffrey_Olson@nps.gov
<Jeffrey_ Olson@nps.gov>; S ue __.Wi1 lclron@lg" n ps.doi .gov <S ue __.Wa ldron(gl g
nps.cloi .gov>; tara ..... 111orrison@nps.9ov <toira __rnorrison@nps.gov>; Steve_LeBel@nps.gov
<S teve __ LeBel@nps.gov>; robe rt. ea ton@sol. doi. gov < ro bert.ea!Dn(tllso I. doi. gov>
:/I mail. comf malt/ bl 1 !i?,/u/Of?ui=2&1k: =r 5J4 76666'1 &v lew=pt&cat =J Bo<1thOll!'1.e&s earc h= ... 2/fJ
INTERIOR Mall - Re: Jack':; & Knyaks, LLC V. NPS, el. <ill.
Ok .. so has anyone gotten a press call tonite? If not, we get ausa ok tomorrow <rnd
h<we it ready to go.
Barry if there is iJ media c<1ll tonite can we rele:1sc?
Jeff could you get someone to work up a draft release first thing announcing the
opening.
What else?
From: Steve Whitesell [mallto:steve ... whitesell@nps.gov]
To: B.1rry Roth <barry.roth@sol.cloi.gov>
Cc: Sue __ Waldron@nps.gov <Sue_W<1lclron@nps.gov>; melissa.lackey@sol.do1.90v
Jeffrey _Olson@nps.gov <Jeffrey _Olson@nps.gov>;
Suc ___Waldron@g-nps.doi.gov <Sue_Waldron@gnps.doi.gov>; tara. __morrison@nps.gov
<tara .... morrison@nps.gov>; SteveJ .. <Steve .. J.eBel@nps.gov>;
robert.ea ton@sol .cloi .gov < ro bert. eaton@sol .cloi. gov>
Sue
On Mar 28, 2013, at 8:18 PM, Barry Roth <barry.roth@sol.doi.gov> wrote:
Yes
From: Waldron, Suzanne [mailto:sue_walclron@nps.gov)
To: Barry Roth <barry.roth@sol.cloi.gov>
Cc: Steve Whitesell <sleve .. whitesell@nps.gov>; Melissa Lackey
<melissa.lackey@sol.doi.gov>; Jeffrey Olson <Jeffrcy_Olson@nps.gov>;
Suzanne Waldron <Sue_Walclron@g-nps.doi.gov>; Tara Morrison
<tara., ... morrison@nps.gov>; Steve LeBel <Steve __ LeBel@nps.gov>; Robert
Eaton <roliert.eaton@s<il.doi.gov>
On Thu, Mar 28, 2013 at 7:06 PM, Barry Roth <barry.roth@sol.doi.gov>
wrote:
I think thi.1 is ok buy we should run by AUSA in the morning, Key is
not to discuss ongoing litig<Jtion which I don't think you am.
From: Waldron, Suzanne [mailto:sue ... waldron@nps.gov]
To: Whitesell, Steve <steve ... .whitescll@nps.gov>; Melissa Lackey
<melissa.lackey@sol.doi.gov>; Barry Roth <barry.roth@sol.doi.gov>
Cc: Jeffrey Olson <Jeffrcy_Olson@nps.gov>; Suzanne Waldron
ttps 534 768664&v Boathousa&:>Ocirch:-:,,, 316
r:;i!Jf121 INTERIOR Mail - Re: Jack's Canoi;is & Kayak:;, LLC V, NPS, et. all.
<Sue_Walclron@g-nps.cloi.gov;.; Tara Morrison
<lara_morrisonC\i1rips.gov;.; Steve LeBel <Steve_LeBel@nps.gov;.
see how this statement works ... slimmed it down a bit. .. will keep in back
pocket for incoming calls tonight - suggest we think about issuing a press
release tomorrow announcing the spring opening -- will the opening day
be april 8?? or will th0 concessioner requires a couple of days to set up?
On Thu, Mar 28, 2013 at 5:50 PM, Whitesell. Ste1.e
<ste1.e. __whites0ll@nps.goV> wrote:
Jeff and Sue
Attached please find my re>,ised statement (the last file) as well as the
court's two decisions. I didn't know if you had seen them and the
accompanying note from Melissa Lackey explaining that the court may
simply decide the whole issue related to our proposed dismissal is
moot If Simkin lea1.es quietly.
Let me know if I can answer any questions, I you will
either issue this as a statement or hold it pending calls from the press
(assuming they care).
------ Forwarded
From: Lackey, Melissa <melissa.lackoy@sol.doi.goV>
To: Margaret O'Dell <peggy_o'dell@nps.9011>, Maureen Foster
<maureen_fostr,ir@nps,[JOV>, Ste'-"l Whitesell
<stm10t.,whitesell@nps.goV>, Lisa Mendelson <lisa_mendelson-
ielo1ini@nps.goV>, Tara Morrison <tma, .. rnorrison@nps.goV>, Ste'-"l
LeBel <steve . .J0bel@11ps.goV>
Attached for your re>,iew are the Court's Order denying the Plaintitrs
Motion for a Temporary Restraining Order and granting DC's Motion to
Dismiss the claims against it. The Court did not grant the NPS' Motion
to Dismiss, indicating that it would decide that matter at a later date.
re>,iew of the 36-page order suggests that it may be waiting to see what
happens on April 7 (i.e., will the Plaintiff Vclcate the property wluntarily
' or not), because the Court considers that the Plaintifrs allegations
about "self-help e>,iction" are not yet ripe. If the Plaintiff wluntarily
Vcicates the property (as Ste1.e LeBel's earlier email about the O'-"lrnight
removal of boats l'rom the property might suggest), the Court could
; decide that the case would then be moot and dismiss it on that ground.
If the Plaintiff does hold O'-"Jr, the NPS could treat it as a trespasser
. and remow It forcibly or it could seek an order of e\.1ction at that point
(which could create an ad'-"lrse precedent, which I would be happy to
discuss further).
In the meantime, I will ask the AUSA to call Plaintifrs counsel to see if
he would tell us If Plaintiff does Intend to Vcicate.
Melissa Lackey
It ps: I/ m google. corn! mcil!/ b/ 1 52/u/ Of? 1,11=2&ik =f 534 761lfJa4&v lew;;-pt&cat =J ac K s EJ0<1t hou!il i;i&s earc h= ... 416
,I').IJf'li:J INTF.:RIOR Mall Re: C.;inoes & K.;iyaks, LLC V. NPS, et.
Attorney Advisor
U.S. Department of the Interior. Office of the Solicitor
Mail Stop 5311
Phone: 202 513-0733 Fax: 202 208-3877
This e-mail (including any and all attachmonts) is intended for the use
of the individual or entity to which it is addressed. It may contain
Information that is pri>;leged, confidential or otherwise protected by
agent responsible for dE>liwry of this e-mail to the intended recipient,
use of this e-mail or its contents is strictly prohibited. If you receiwd
this e-mail in error, please notify the sender immediately and destroy
all copies.
Suo Waldron
National Park Serlico
(202) 208-3046
Visit llS at www.nps.gov
The National Park Serlice cares for special places saved by the
Sue Waldron
Assistm1t Director. Communications
National Park Serlice
(202) 208-3046
Visit us at WINW.nps.gov
1he National Park Serlico cares for special places sawcl by the American
ttps :/Im all. googlo. corn/ m <ill/ b/ 1 !3:2/u/O/?ul;,;:(! &lk ,., 534 76SG64 Ii v &cat =Jeck s Boal hOLI$ o&s oarc!1= ... .$/6
Sw Waldron
National Park Ser>Ace
(202) 208"3046
Tl1e National Park Ser\ice cares for special places sawd by the American people so that all m<iy experience our
heritage.
INTERIOR Mail - Re: Jaek's & LLC V, Nf:!S, ct. all,

5.11
Waldron, Suzan no <sue_waldron@nps.goV> Fri, Mar 29, 2013 at 11 :43 AM
To: "Roth, Barry" <barry,roth@sol.doi.goV>
Cc: "Whitesell, Ste'.<l" <ste'.<l_whitesell@nps.goV>, Ste'A'J LeBel <ste'.<l_lebel@nps,goV>,
"mellssa. lackoy@sol. dol. gal/' <mellssa. lackey@sol. doi. goV>, "Jeffrey_ Olson@nps. gol/' <Jeffrey_ Olson@nps. goV>,
"Sue_Waldron@g-nps.doi.goV' <Sue_Waldron@g-nps.doi.goV>, "tara ... morrlson@nps.goV'
<tara _ morrison@nps .goV>, "robert.eaton@sol.do1.gol/' <robe rt .eaton@sol. doi.goV>
i'm not sure i understand this sentence: "Unless the District Court [unlikely] or the Circuit stays the decision,
then they still won't ha'A'J authority to hold o'.<lr aRer April 7".
gi'.<ln the appeal, do we need to re-.ise the statement?
also we had thought about a press release, but ha'.<l put that on hold til the new concessioner is actually in
place.
On Fri, Mar 29, 2013 at 11:06 AM, Roth, Barry <barry.roth@soi.doi.goV> wrote:
After talking to the ALJSA we ha"3 a couple of suggested edits. And unfortunately, Jack's has filed a notice of
appeal to the DC Circuit. Unless the District Court [unlikely] or the Circuit stays the decision, then they still
won't ha'.<l authority to hold o'.<lr after April 7. But this does raise some uncertainty.
In response to Ste'.<l's L's question, in the absence of an injl1nction or stay, you can go ahead and we don't
recommend any self-stay, but we should be somewhat circumspect in what we are doing, Wynne will be
Burry N. Roth
Associate Solicitor
Division of Parks & Wi,l,dJ,J.fe
?.0?-2oe-4:J44
Fax: 202-208-3077
.. r.Joi .qov
This ema i I is intended for the use of tho i ndi vi d ""I or o:ntity to whi th it I< dci ressed. It moy con to in i nformllti on
that Is pri vi I confi di;Jnti or s e by a ppl I cable I aw. If yoll a re not intended rec! pl ent or the
ompl oyeo of or agent res poris Ible for del I very of this ema i I to the intended reci pl ent, you a re hereby no ti Ii ed thot its
ell ssern! na ti on
1
dis tri bu ti on
1
copying or of th\$ en1td I i 5 s tri ctl y pro hi bl teci. l f rec(li ved this ema i I in
picas a notify the sender imrnediately and destroy all copies.
On Fri, Mar 29, 2013 at 7:59 AM, Whitesell, Ste'.<l <ste'.<l_whitesell@nps.goV> wrote:
Barry
Key Bridge Boathouse staff will be on site the 8th to talk to folks about the coming season and to begin
, taking reservations to store boats. Unless Simkin completely vacates the premises (remo'.<ls docks, trailer
and large shed), I don't anticipate that the Key Bridge folks will be able to fully deploy their facilities. We
recognize that should Simkin lea'.<l anything behind that we will ha"3 to handle it as abandoned property
requiring safeguarding. How one does that with a dock will be interesting, though we ha'A'J some Ideas.
l t p5: // m <i!I. com/ mall/ b/ 1 $2/u/ O/?ul:;;:21l.lk :;:f 534 768661\.&v law=pt&cat =J acK ::i Boattwuso&s 0::1rc h
,
110
P"21JHB INTERIOR Mail - Ri:l: J<11::K's C<111ocs & Kayak$, LLC V. NPS, et. all.
Our guess is that Key Bridge won't be fully operational until the 15th or so,
On Fri, Mar 29, 2013 at 7:53 AM, Roth, Barry <barry.roth@sol.doi.goV> wrote:
Melissa is out today so Rob or I will run the draft press release by the AUSA momentarily. But what does
it mean thoy are prepared to open April 8? I don't know anything about concessions or boat operations,
but as of now he has until April 7 under your notice to vacate. So unless he indicates he is lea;;ng earlier
than that, I am curious how fast a turn around is possible.
BC.trry N. t\oLh
Assoc1.ate Solicitor
Divi.sion of Parks & Wildlife
2022081311
Fax: 202-208-3877
Rnrry,Rc)t11@8C).l ,{]()i
This emai! is intended for the use of the individual or entity to which lt is addressed. It tn<:ly contj(r1
inforrnatior1 that is privileged, confidcntijil!
1
en protected by law. If you are not tho
i r1tendeti recipient or the cm of or '1 res pons i bl e for deli very of this ema i I to the intended r(JCi pl en t1
you are hereby notifk:d ils dlssernlnation
1
ciistribution,.c.:opyinp, or email is strictly prohibited.
If you received this in error, pleas a notify the sender Immediately and destroy nil copies.
On Thu, Mar 28, 2013 at 10:03 PM, Steve LeBel <ste1.0_lebel@nps.goV> wrote:
connect with the folks now storing their boats on the site. Boat rentals will begin once the water temp
On Mar 28, 2013, at 8:32 PM, Barry Roth <barry.roth@sol.doi.goV> wrote:
If get a call tonite I would think you can say th<lt with the denial of the motion
we are proceeding to move forward with the concession starting l!P and opening to
the public early next month.
From: Suzanne Waldron [mallto:sue_walclron((_llnps,gov]
To: Stevc_Whitesell@nps.gov <Steve_Whitesell@nps.gov>; barry.roth@sol.doi.gov
< barry. roth@sol.do i .gov>
Cc: melissa.lackey@sol.cloi.gov <melissa.lackey@sol.doi.9ov>; Jeffrey_Olson@nps.gov
<Jcrfrey_Olson@nps.gov>; Sue_Waldron@g-nps.doi.gov <Suc_Walclron@g"
nps .cloi.gov>; tara_morrison@nps.gov <tara ... morriscm@nps.gov>; Steve .... LeBel@nps.gov
<S teve_LeBel (\11 nps .gov>; robe rt. eaton@sol. doi. gov <robert.eaton@sol. cloi. gov>
Ok- so has cinyone gotten a press call tonite? If not, we get ausa ok tomorrow and
Barry if there is a rnedia call tonite can we release?
Jeff could you get someone to work up a draft release first thing announcing the
opening.
Stcvo/tara: will the concessioner be open for business on april 8? If not, when?
t tp::;: // m gcoglo. com/mail/ b/ 1521 u/O/ ?ul=2&11< =f 5'.34 766664&v lewwpt&cat =Jack s Boathou:s o&::; .. ,
What else?
From: Steve Whitesell [mailto:steve __ whitesell@nps.gov]
Sent: Thursday, March 28, 2013 08: J.9 PM
Cc: S e _ W alclron@nps.gov <Sua_ Walclron@nps.gov>; melissa. lackey@sol. doi. gov
< mel issa. lackey@sol. cloi .gov>; Je Ffrey __ ,Olson@nps.gov <JeffreY .. Olson@n ps. gov>;
S ue_.W a ldron@g-nps. doi. gov < S ue . .W a lclron@g-nps. cloi. gov>; til ra_mo rrison@nps.gov
<tara.,,morrisonii;ilnps.gov>; Steve ...JeBel@nps.9ov <Steve .. LeBel@nps.9ov>;
r0l1ert. eaton@sol. doi. gov < 1obert. ea ton@sol .doi. gov>
Sue
On Mar 28, 2013, at 8:18 PM, Barry Roth <barry.roth@sol.doi.gov:> wrote:
Yes
From: Waldron, Suzanne [mailto:sue_,waldron@nps.gov]
Cc: Steve Whitesell <Steve_wl1itesell@nps.gov>; Melissa Lackey
<melissa.lackey@sol.doi.gov>; Jeffrey Olson <Jeffrey ___ Olson@nps.gov>;
Suzanne Waldron <Sue_Waldron@g-nps.cloi.gov>; Tara Morrison
<tara_morrison@nps.gov>; Steve LeBel <Steve"_LeBel@nps.gov>; Robert
Eaton <robert,eaton@sol.cloi.gov>
On Thu, Mar 28, 2013 at 7:06 PM, Barry Roth <barry.roth@sol.doi.gov:>
wrote:
I think this is ok buy we should run by ALISA in the morning. Key is
not to discuss ongoing litigation which I don't think you are.
From: Waldron, Suzanne [mallto:sue_waldron@nps.gov]
Sent: Thursday, March 28, 2013 03: 56 PM
To: Whitesell, Steve <steve_whitesell@nps.9ov>; Melissa Lackey
Cc: Jeffrey Olson <Jeffrey_Olson((Jlnps.gov>; Suzanne Waldron
<Sue_Waldron@g"nps.doi.gov>; Tara Morrison
<t<Jra_morrison@nps.gov>; Steve LeBel <Steve_LeBelli.\lnps.gov>
see how this statement works ... slimmed It down a bit ... will keep in back
release tomorrow announcing the spring opening - will the opening day
, be april 8?? or will the concessioner requires a couple of days to set up?
12!J!1K M::ill" He: Canoes & Kaya\!.:;, LLC V, NP$, el. illl.
On Thu, Mar 28, 2013 at 5:50 PM, Whitesell, Stel,I')
<stO;() ____,whitosoll@nps, gov.> wrote:
Jeff and Sue
Attached please find my re\Ased statement (the last file) as well as the
court's two decisions. I didn't know If you had seen them and tho
simply decide the wholo issue related to our proposed dismissal is
moot if Simkin leaws quietly.
Let me know if I can answer any questions. I understand you will
either issue this as a statement or hold it pending calls from the press
From: Lackey, Melissa <111elissa.l21clrny@sol.doi.gov.>
To: Margaret O'Dell <peggy ____,o'doll@nps.gov.>, Maureen Foster
<maureen_foster@nps.gov.>, Stew Whitesell
<stel.ll._.whitosell@nps.gov.>, Lisa Mendelson <lisa_mendelson-
iolrnini@nps .grJI/.>, Tara Morrison <tara_rnorrison@nps.gov.>, Stel,l'l
LeBel <steve_lebol@nps.gov.>
Attached for your re\Aew are the Court's Order denying the Plaintiff's
Motion for a Ternporaiy Restraining Order and granting DC's Motion to
Dismiss the claims against it. The Court did not grant the NPS' Motion
to Dismiss, indicating that It would decide that matter at a later date,
re\Aew of the 36-page order suggests that it may be waiting to see what
happens on April 7 (i.e., will the Plaintiff vacate the property ><Jluntarily
or not), because the Court considers that the Plaintiff's allegations
about "self-help e\Action" are not yet ripe. If the Plaintiff ;()luntarily
vacates the property (as Steve LeBel's earlier small about the owrnight
removal of boats from the property might suggest), the Court could
decide that the case would then be moot and dismiss it on that ground.
If the Plaintiff does hold over, the NPS could treat it as a trespasser
and remo><J It forcibly or it could seek an order of e\Action at that point
(which could create an ad"3rse precedent, which I would be happy to
discuss further).
In the meantime, I will ask the AUSA to call Plaintltrs counsel to see if
he would tell us if Plaintiff does intend to vacate.
Melissa Lackey
Attorney Ad\Asor
Meil Stop 5311
Phone: 202 513-0733 Fax: 202 208-3877
This e-mail (including any and all attachments) is intended for the use
l t ps: 11mall. goagle. com/ m eil/ b/ u/O/'i'ul k ;:;f 534 768664&v !ow=pt&cJt aom house&soarc h= . .. 416
INTERIOR M<.1!!" fol.e: ,)::i.cl<'$ Canoes & K8y8ks, LLC V. Nf:IS, oL
Sue Waldron
of the indi\idual or entity to which it is addressed. It may contain
information that is pri\ileged, confidential or otherwise protected by
agent responsible for deli\llry of this e-mail to the intended rncipient,
yoL1 are hereby notified that any dissemination, distribution, copying or
use of this e-mail or its contents is strictly prohibited. If you recei'A'ld
this e-mail in error, please notify the sender immediately <:>nd destroy
all copies.
Sue Waldron
Assistant Director, Cornrnunic11tions
(202) 208-3046
The Natiorml Park Service cares for special places saved by the
, American people so that all niay experience our heritage.
Sue Waldron
Assistant Director, Cotnmunications
(202) 208-3046
The National Park Ser.ice cares for special places saW>d by the American
National Park Se.-1,ice
(202) 2083046
Visit us at www.npS.(lOV
The National Park Service cares for special places sa>Ud by the American people so that all may experience our
heritage.
515
= TilE INTERIOR Mal! - Re: Jack':> C<.moos & LLC V. NPS, ol. all.
616
INTERIOR Mall - Re: Jack's Ccinoo:; & l{<1yak.s, l.l.C V, NPS, et. all.
Roth, Barry <barry.roth@sol.doi.gov> Fri, Mar 29, 2013 at 11 :06 AM
To: "Whitesell, Steve" <steve_whitesell@nps.gov>
Cc: Steve LeBel <ste"1_1ebel@nps.gov>, "Sue_Waldron@nps.gov' <Sue".Waldron@nps.gov>,
"melissa.lackey@sol.doi.gov' <melissa.lackey@sol.dol.gov>, "Jeffrey_Olson@nps.gov' <Jeffrey_Olson@nps.gov>,
"SU<( .. W aldron@g-nps.doi.gov' <S L1e_ Waldron@g-nps.doi.gov>, "tara _ morrlson@nps.gov'
<tara_morrison@nps.gov>, "robe rt. eaton@sol.doi.gov' <robert.eaton@sol.doi.gov>
Aner talking to the AUSA we ha'A'J a couple of suggested edits. And unfortunately, Jack's has filed a notice of
appeal to the DC Circuit. Unless the District Court (unlikely] or the Circuit stays the decision, then they still won't
have authority to hold over after April 7. But this does raise some uncertainty.
In response to St01A'J's L's question, in the absence of an injunction or stay, you can go ahead and we don't
recommend any self-stay, but we should be somewhat circumspect in what we are doing. Wynne will be talking
to their coLinsel and get a better idea of what is likely.
8"rt'y N. l\ot.h
Associ,nto Sol.icitor
of Parks & Wildli.fe
202-200-1311
Fax: 202-208-3877
.. yov
This email is int<;:ndcd for the use of the or to which it is addressed. It rr1;;1y contain information
is pri vi I egcd, c,:onfi dentl a I 1 or otherwi s protected by a ppl i cable I 8 w. If yol.t i.1 re not the i ntendeci reci pi or
employee of or for delivery of this ems ii to

you arc h(-!rcby notified that its
d Is semi nci ti on, dis tri bu ti on, copyl rlB or use of this 1 I l $ tr'i ctl y pro hi bi ted. If you thi 5 i I in error,
please notify tho sender Immediately and destroy all copies.
On Fri, Mar 29, 2013 at 7:59 AM, Whitesell, Ste"1 <st0<1J. whitesell@nps.gov> wrote:
Barry
Key Bridge Boathouse staff will be on site the 8th to talk to folks about the coming season and to begin taking
. reservations to store boats, Unless Simkin completely vacates the premises (removes docks, trailer and large
shed), I don't anticipate that the Key Bridge folks will be able to fully deploy their facilities. We recognize that
should Simkin lea'A'J anything behind that we will have to handle it as abandoned property requiring
safeguarding. How one does that with a dock will be interesting, though we have some ideas,
Our guess is that Key Bridge wont be fully operational until the 15th or so.
On Fri, Mar 29, 2013 at 7:53 AM, Roth, Barry <barry.rolh(@sol.doi.gov> wrote:
Melissa is out today so Rob or I will run the dran press release by the AUSA momentarily. But what does It
mean they are prepared to open April 87 I don't know anything about concessions or boat operations, but
as of now he has until April 7 under your notice to vacate. So unless he indicates he is leaving earlier than
that. I am curious how fast a turn around is possible.
Bci.rry N. Ro t;!1
11 mail.. google. com/ mall/bl 15'./ WO/ e:i;?.&lk c:::f 534 7686611 &v iew=pl&t: =Jack'$ fkmthoua e&s earc h= ...
INTERIOR Mall - Rl: Jack's Canoes & K<iyaks, l.LC V, NPS, el. all.
Associate Solicitor
Oi.visi.on of Parks & Wil.dli.fe

Fax: 202-208-3877
.. dcJi .. gov
This erna l I i 5 in tended for tho us o of the incl i vi or entity to which it is <i ddress ed. It rnay contn in i U on
that Is pri vi! er,ed, confi den ti a I, or s e protected by ti pp! i bl e I w. If you a re not the i reci pi en t or
the empl oycc of or a gent re$ pons l bl e for deli very of th ls ema I l to the i ntenciad rcci pl ent, re hereby no ti fi cd
that its

distribution
1
copying or of this is strictly prohibited. If you received this
in ple;:1se notify the sender i:lnd destroy all
On Thu, Mar 28, 2013 at 10:03 PM, Stew LeBol <sto'R._lebel@nps.gov> wrote:
We mot with the concessioner this morning. They prepared to opon April 8. Their first priority is to
connect with the folks now storing their boats on the sito. Boat rentals will begin once tho water temp
On Mar 28, 2013, at 8:32 PM, Bariy Roth <barry.roth@sol.doi.9ov> wrote:
If you get a call tonite I would think you can say that with the deni<il of the motion we
are proceeding to move forward with the concession starting up and opening to the
public early next month.
From: Suzanne Waldron [mailto:sue_walclron@nps.gov]
To: Steve ... Whitesell@nps.gov <Steve".Whitesell@nps.gov>; barry.roth@sol.dol.gov
< ba rry. roth@sol. cloi. gov>
CC: melissa.lackey@sol.doi.gov <melissa.lackey@sol.doi.gov>; Jeffrey_Olson@nps.gov
<Jeffrey_Olson@nps.gov>; Sue_Waldron@gnps.doi.gov <Sue_Waldron@g-nps.doi.gov>;
tarn_morrison@nps.gov <tara_morrison@nps.gov>; Steve_LeBelC9lnps.gov
<S teve .. Je Bel@nps.gov>; robe rt. eaton@sol. doi. gov <robe rt eaton@sol .doi. gov>
Ok - so has anyone gotten a press call tonite? If not, we get al1sa ok tomorrow ilnd
Barry if there is a media call tonite can we release?
Jeff could you get someone to work up ci draft rele<ise first thing announcing the
opening.
Steve/tam: will the concessioner be open for business on april 8? If not, when?
Wh;n else 7
From: Steve Whitesell [mailto:steve __ whitesell@nps.gov]
To: Barry Roth
CC: sue_Waldron@nps.gov <Sue,_Walclron@nps.gov>; melissa.lackey@sol.doi.gov
<rnelissa. lackey@sol .doi.gov>; Jeff'rey _Olson@nps.gov <Jeffrey_ Olson@nps.gov>;
Sue_Waldron@g-nps.doi.gov <Sue_Waldron@g-nps.doi.gov>; tara_morrison((J"lnps.gov
<tara ___morrison@nps.gov>; Steve_J.eBel@nps.gov <Steve ___LeBel@nps.gov>;
llpi>://mcill.gcoglo. com/mall/bl 1 !);Uu/O/?ul=2&1k=l 5347El!:l6tl4 &v lew;:;pta,cat=Jack's 216-
P2SHB INTERIOR Mail - Ro: CiJl'O(l5 & K:=iyaks, LLC V. NPS, ct. rill.
robert.eaton@sol.doi.gov <robc1'l.caton@sol.doi.gov>
Subject: Re: Jack's Canoes & Kayaks, l.LC V. NPS, et. all.
Sue
On Mar 28, 2013, at 8:18 PM, Barry Roth <b11rry.roth@sol.doi.goV> wrote:
Yes
From: Waldron, Suzanne [mailto:sue .. waldron@nps.gov:J
To: Barry Roth <barry.roth@lsol.cloi.9ov>
Cc: Steve Whitesell <steve __ whitesell@nps.gov>; Melissa Lackey
<melissa.lackey@sol.cloi.gov>; Jeffrey Olson <Jeffrey ____Olson(ijlnps.gov>;
Suzanne Waldron <S\le __ Waldrnn@g-nps.doi.gov>; Tara Morrison
<tara_ .. morrison@nps.gov>; Steve LeBel <Stcvc __ LeBel@nps.gov>; Robert
Eaton <robcrt.eaton(glsol.doi.gov>
Subject: Re: Jack's Canoes & Kayaks, l.LCV. NPS, et. all.
barry will sol run by aL1su
On Thu, Mar 28, 2013 at 7:06 PM, Barry Roth <Mrry.roth@sol.doi.goV> wrote:
I think this is ok buy we should run by AUSA in the morning. Key is not
to discuss ongoing litigation which I don't think you are.
From: Waldron, Suzanne [mailto:suc_walclron@nps.gov]
To: Whitesell, Steve <steve_whitesell@nps.gov>; Melissa Lackey
<meliss<>.lackey@sol.doi.gov>; Barry Roth <barry.roth@snl.doi.gov>
Cc: Jeffrey Olson <Jeffrey,Olson@nps.qov>; Suzanne Waldron
<Suc_Waldron@g-nps.doi.gov>; Tara Morrison <tara_morrison@nps.gov>;
Steve LeBel <Stevc_LeBel@nps.gov>
see how this statement works ... slimmed it down a bit ... will keep in back
release tomorrow announcing the spring opening - will the opening day be
april 8?? or will the concessioner requires a couple of days to set up?
On Thu, Mar 28, 2013 at 5:50 PM, Whitesell. Steve
<steW> .. whilesell@nps.goV> wrote:
Jeff and Sue
Attached please find my re>Ased statement (the last file) as well as the
court's two decisions. I didn't know if you had seen them and the
simply decide the whole issue related to our proposed dismissal is moot
if Simkin leaves quietly.
Let me know if I can answer any questions. I understand you will either
issue this as a statement or hold it pending calls from the press
t tps: 11 m i;ill, google. com/ m allfb/ 152/uf 01 ;;;f 534 768664& v ;,;J !lC k. 's ooirc hi;s, .. 315
lll1Jf'U:1 INTE:RIOR Mr1H - Ro: C<.,n(IOS & LLC V. NPS, (J\.
--Forwarded message ---
From: Lackey, Melissa <melissa.lack0y@sol.doi.gov>
Subject: Jack's Canoos & Kayaks, LLC V. NPS, et. all.
To: Margaret O'Dell <pegrJy_o'dell@npS.(10v>, Maureen Foster
<mauroon.Joster@nps.gov>, Ste\<l Whitesell
<stew_whitesell@nps.()Ov>, Lisa Mendelson
ielmini@nps .9ov>, Tara Morrison <tara.morrison@nps.gov>, Ste"' LeBol
<s tCV) . .Jobol@nps.gov>
Attached for your re"1ew are the Court's Order denying the Plaintiffs
Motion for a Temporary Restminlng Order and granting DC's Motion to
Dismiss the claims against it. Tbe Court did not grant the NPS' Motion to
Dismiss, indicating that it would decide that matter at a later date.
I cannot fully explain the Court's hesitation on that score, a
re'.1ew of tho 36-page order suggests that It may be waiting to see what
happens on April 7 (i.e., will the Plaintiff vacate the property VJluntarily or
not), because the Court considers that the Plaintltrs allegations about
"self-help o\1ction" are not yet ripe. If the Plaintiff \<lluntarily vacates the
property (as Sta"' LeBel's earllor email about the o'.<lrnight removal of
boats from the property might suggest), the Court could decide that the
case would than be moot and dismiss it on that ground. If the Plaintiff
does hold OVlr, the NPS could treat it as a trespasser and remo"' it
. forcibly or it could seek an order of e\1ction at that point (which could
create an adlA:lrso precedent, which I would be happy to discuss further).
In the meantime, I will ask the AUSA to call Plaintilrs counsel to see if he
would tell us if Plaintiff does intend to vacate.
Melissa Lackey
Attorney Ad'.1sor
Mail Stop 5311
Phone: 202 513-0733 Fax: 202 2083877
. This e-mail (including any and all attachments) is intended for the use of
the indi;idual or entity to which it is addressed. It may contain
' information that is pri'.11eged, conndentlal or otherwise protected by
agent responsible for deliVlry of this e-mail to the intended recipient, you
, are hereby notified that any dissemination, distribution, copying or use of
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in error. please notify the sender immediately and destroy all copies.
ttps :/Im all. goog!o, com I m.f.lltf b/ 152/ u/0/7ul=2&ik =f 534 raa664&v law;:pt&cat =Jack s Boalhouse&s E)arc h=. , .
4/1,)
F211HB INTERIOR Mail - Re: Jack':; C<uWCS & K;)y(lk.S, L,1,C V, NPS, el. all.
2 attachments
Sue Waldron
National Pmk Ser.ice
(202) 200-3046
The Nation<ll Park Ser>ice cares for special places sa""d by the American
people so that all may experience our herit<ige.
Sue Waldron
Assistant Director, ComniLmications
(202) 208-3046
Visit us at www.nps.nov
The National Park Service cares for special places sa""d by the American
people so th<ll all may experience our heritage.
tJ Jack's Canoes Notice of Appeal.pdf
65K
ii[] Jacks Statement_DRAFT _3_28_13_swBNR.docx
19K
l tps :// m 1 1 9oogle, com/ m ell/ b/ 152/ u/01'? ul :l2&1k ;of 534 768664& v lew=pt&c tit =J ciC k's l3o:i!thot,1!;1a&s eerch= ... 515
FOR TlU: DISTRICT OF COLUMBIA
CANOES & KAYAKS, LLC
Plaintiff,
v.
NATIONAL PARK Sl1:RVICE,
DISTRICT OF COLUMBIA,
Defendants.
)
)
)
)
)
)
)
)
)
)
)
)
Cose; 1;13-cv-00130 (CKK)
NOTICE O:F APPEAi.,
Notice is hereby given that Plaintiff Jack's Canoes & Kayaks, LLC ("Jack's LLC") hereby
appeals to the United Stutes Courl of Appeals for the District of Columbia Circuit, the Court's March
28, 2013, Order (Docket II 28) and related Memorandum Opinion (Docket II 29) denying Plaintiffs
determination that Jack's LLC lucks standing to seek a dcclamtory judgment that jurisdiction over Lot
805 in Square J J 79 in Georgetown where Jack's Boathouse is located was never effectively transferred
to the NPS or the NPF, or, if transferred to the NPS or the Nl'F, has revetted to the District of Colmnbiu.
March 29, 2013
Respectfully suhmitted,
..
Law Offices of Charles I-1. Camp, P .C.
I 025 Thomas Jefferson Street, NW
Suite llSG
Telephone: (202) 457-7786
Facsimile: (202) 457-7788
.Jack's Canoes & KayakH, LLC
Statement on NPS Georgetown Boating Concession
"With the court's ruling we <ire now moving forw<ird with the new operator that was
Steve Whitesell
Background:
On March 28, the U.S. District Court for the District of Columbia, denied the motion flied by
JACK'S CANOES & KAYAKS, LLC for a Temporary Restr<iining Order and Preliminary Injunction
On March 1, the NPS announced the selection of B&G Outdoor Recreation, Inc. for a two-year,
Boston area, including three at Mass<ichusetts state parks. This is their first concession service
B&G, oper<iting as Key Bridge Boathouse, will shortly begin boat rental and storage services
from the site.
Jack's Canoes & Kayaks, LLC, did not submit a proposal to the RFQ from which B&G was
selected.
!21l.l/1K.J: ftW: Ar'ivlty !n Caso 1:13-cv-00130-CKI< JACK'S CANO!'.!$& ...

.
Re: FW: Activity in Case 1:13-cv-00130-CKK JACK'S CANOES & KAYAKS,
LLC v. NATIONAL PARK SERVICE et al Notice of Appeal to DC Circuit Court
LeBel, Steve <ste1.e_lebel@nps.gov> Fri, Mar 29, 2013 at 11:02 AM
Cc: Ste1.e Whitesell <ste1.e_whitesell@nps.gov>, Lisa Mendelson <lisa_mendelson"ielmlnl@nps.gov>, Tara Morrison
<tara_morrison@nps.gov>, Margaret O'Dell <peggy_o'dell@nps.gov>, Maureen Foster <maureen_foster@nps.gov>,
Barry Roth <barry.roth@sol.doi.gov>
Rob, are we correct in assuming we are free to commence \oisitor ser.Aces under our temporary concession
contract with B&G Outdoor Rec., Inc. on April 8?
On Fri, Mar 29, 2013 at 10:54 AM, Eaton, Robert <robort.oaton@sol.doi.gov> wrote:
FYI.
Di\oision of Parks and Wiidiife
MS 5312
1849 c Stroot, NW
. Washington. DC 20240
Telephone: (202) 208.7957
Telefax: (202) 208-3877
This email is intended solely for the use of the indi\oidual or entity to which it is addressed. It may contain
Information that is pri\oileged, confidential. or otherwise protected by applicable law. If you are not the Intended
recipient or an employee or agent responsible for the deli"3ry of this email to the intended recipient. you are
hereby notified that dissemination, distribution, copying, or use of this email Is strictly prohibited. If you
recei1.ed this email in error, please notify the sender immediately and destroy all copies.
--- Forwarded message------
From: Kelly, Wynne (USADC) <Wynne.Kelly@usdoj.gov>
Date: Fri, Mar 29, 2013 at 10:31 AM
Subject: FW: Acti\oity in Case 1:13-c,,.00130-CKK JACK'S CANOES & KAYAKS, LLC v. NATIONAL PARK
SERVICE et al Notice of Appeal to DC Circuit Court
To: "Lackey, Melissa (melissa.lackcy@sol.doi.gov)" <melissa.lackey@sol.doi.gov>, "Barry Roth
(barry.rot11@sol.cloi.9ov)" <barry .roth@sol.doi.goV>, "Robert Eaton (robert.eaton@sol.doi.gov)"
Jack's has just filed ;in appeal.
From: DCD"_ECFNotice@dcd.uscourts.gov [mallto:DCD _ _ECFNotic;e@dcd.uscourts.gov]
113
l:lill.L1Ri:l: FW: Attlvlty In Ci:tso JACK'S CANOE!.$&,.,
Sent: Friday, March 29, 2013 10: 29 AM
To: DCD, __ECFNotic:e@dcd. uscourts .gov
Subject: Activity In case 1: 13"cv00130-CKK JACK'S CANOES & KAYAKS, LLC v. NATIONAL PARK SERVICE et al
Notice of Appeal to DC Circuit Court
This is an automatic e-mail message genoratod by Iha CM/ECF system. Please DO NOT RESPOND to
*'*NOTE TO PUBLIC ACCESS USERS*** Judicial Conference of the United States policy po rm its
attorneys of record and parties in a case (including pro so litigants) to receive ono free electronic
copy of all documents filed electronically, if receipt is required by law or directed by the filer.
PACER access fees apply to all other users. To avoid later charges, download a copy of each
document during this first viewing. However, if the referenced document is a transcript, the free copy
and 30 page limit do not apply.
U.S. District Court
The following transaction was entered by Camp, Charles on 3/29/2013 at 10:29 AM and filed on 3/29/2013
Case Number:
Filer: JACK'S CANOES & KAYAKS, LLC
Document Number: 30
Docket Text:
NOTICE OF APPEAL TO DC CIRCUIT COURT by JACK'S CANOES & KAYAKS, LLC. Filing fee $ 455,
rocolpt number 0090-3265855. Feo Status: Fee Paid. Parties have been notified. (Camp, Charles)
1:13-<::v-00130-CKK Notice has been electronically mailed to:
Charles Henry Camp , Sr corn
Matthew Robert Slecher m11tthew.bl0cher@clc_gov, ollon.efros@dc.gov, grace.graharn@dc.gov
Wynne Patrick Kelly wynne.l<elly@usdoj.9ov, wpkelly78@gmail.corn
1:13-<::v-00130-CKK Notice will be delivered by other means to::
The following document(s) me associated with this transaction:
Document description:Maln Document
Original filename:suppressed
Electronic document Stamp:
lip:> :f 534 7586134&\/ low=pt&ci:it;;iJack's
2/3
F
1
N: !n C.iso 1:13-ov-00130-CKK JACK'S CANOl:!S &. ...
[STAMP dcecfStamp_ID=973800458 [Dat0=3/29/2013] [FileNumber=3595066-0]
[79a0e97bb5c84 75f217914abec9f669a5f2181Ob83cd16fdd7af4337 4987ca56972d
8c4cd06aa1dd55e7ca8ec3bdb95641da5523165c01 c48a3aa5bf77287b0d]]
Ste"' LeBcl
Doputy Associate Regional Director. Operations and Education
Program Manager, omce of Business Ser,,;ces
Phone: (2.02) 619-7072
Fax: (202) 619-7157
Tho information contained in this mossa90 may be protected by attorney-client or ether pri'11ego. It is intended
for the use of the indi'1duals to whom it is sent. Any pri'11cga is not wai-.ed by '1rtue of this having been sent by
e-mail. If the person actually receiving this moss age or any other reader Of this moss age is not a named
recipient. any use, dissemination, distribution, or copying of this communication is prohibited. If you recei-.e this
ltp:> :// m 9001il0, com/ m allfb/ 152/ u/O/?u 1=26.!K =f 534 76 0664 & v lewu1pt &o al =Jack' :s Boathous 0&$ oarc ti oi, , 313

.

Fwd: FW: Activity in Case 1: 13-cv-00130-CKK JACK'S CANOES & KAYAKS,
LLC v. NATIONAL PARK SERVICE et al Notice of Appeal to DC Circuit Court
Eaton, Robert <roberteaton@sol.doi.goV> Fri, Mm 29, 2013 at 10:54 AM
To: Steve Whitesell <steve_whitesell@nps.goV>, Lisa Mendelson <lisa_mendelsonlelmini@nps.goV>, Steve LeBel
<steve.Jebel@nps.goV>, Tara Morrison <tara_morrison@nps.goV>
Cc: Margaret O'Dell <peggy_o'dell@nps.goV>, Maureen Foster <maureen_foster@nps.goV>, Barry Roth
<harry. roth@sol, doi.goV>
FYI.
Di\ision of Parks and Wildlife
MS 5312
1649 c Street. NW
Telephone: (202) 208-7957
Telefax: (202) 208-3877
This email is intended solely for the use of the indi\idual or entity to which It Is addressed. It may contain
information that is pri"11eged, confidential, or otherwise protected by applicable law. If you are not the intended
recipient or an employee or agent responsible for tho delivery of this email to the intended recipient. you are
hereby notified that dissemination, distribution, copying, or use of this email is strictly prohibited. If you received
--- Forwarded message ----
From: Kelly, Wynne (USADC) <Wynne.K0lly@uscloj.90V>
Date: Fri, Mar 29, 2013 at 10:31 AM
Subject: FW: Acti\Oty In Case 1:13-cv-00130-CKK JACK'S CANOES & KAYAKS, LLC v. NATIONAL PARK
SERVICE et al Notice of Appeal to DC Circuit Court
To: "Lackey, Melissa (melissa.l<1ckey@sol.cl0i.9ov)" <rnelissa.lackey@sol.doi.(lOV>, "Barry Roth
(barry. roth@s ol. doi. gov)" <barry. roth@sol .doi. goV>, "Robert Eaton (roliert.eaton@sol.doi.gov)"
<robert. eaton@sol. doi. goV>
Jack's h<IS just filed Jn Jppeal.
from: DCD_ ECF Notke@dcd. uscourts. gov [ma ilto: OCD _ECFNolir.e@ckd. uscourL<; .gov]
To:
Subject: Activity in Case 1: 13-cv-00130"CKK JACK'S CANOES & KAYAKS, LLC v. NATIONAL PARK SERVICE et al
Notice of Appeal to OC Circuit Court
FW: Actlvlty ln Case 1:13-cv-00130-CKK JACK'S CANOES ...
This is an automatic o-mall n1essage generated by the CMIECF system. Plea so DO NOT RESPOND to
'''NOTE TO PUBLIC ACCESS USERS .. ' Judicial Conference of the United States policy permits
attorneys of record and parties in a case (including prose litigants) to receive one free electronic copy
of all documents filed electronically, If receipt is required by law or directed by the flier. PACER access
fees apply to all other users. To avoid later charges, download a copy of each document during this
first viewing. However, if the referenced document is a transcript, the free copy and 30 page limit do
not apply,
U.S. District Court
The following transaction was entered by Camp, Charles on 312912013 at 10:29 AM and filed on 3/2912013
Case Number: 1: 13-cv-00130-CKK
Filer: JACK'S CANOES & KAYAKS, LLC
Document Number: 30
Docket Text:
NOTICE OF APPEAL TO DC CIRCUIT COURT by JACK'S CANOES & KAYAKS, LLC. Filing fee$ 455,
rocoipt number 0090-3265855, Fee Status: Fee Paid. Pnrtios have been notified. (Camp, Charles)
Notice has been electronically malled to:
Charles Henry Camp , Sr ccamp@charleseamplaw.com
Matthew Robert Blecher rrwtthow.blecher@r,lc.gov, ellen.efros@dc.gov, gmce.11ral1am@dc.gov
Wynne Patrick Kelly wy1111e.kelly@uscloj.gov, joseph.finnigan@L1sdoj.gov, wpkelly78@grnail.com
Notice will be delivered by other means to::
The following documcnt(s) are associated with this transaction:
Document doseriptlon:Main Document
Original filename:suppressed
Electronic document Stamp;
[STAMP dcecf5tamp_ID
0
,973800458 [Date=312912013] {FileNumber=3595066-0]
[79a0e97bb5c84 7512f79f4abec9f669a512181Ob83cd16fdd7 af433 7 4987 ca56972d
8c4c d06aa 1dd55e7 ca8ec3bdb95641da5523165c01 c48a3aa5bf77287b0d]]
t lp$: 11 m .:11!. com/ m al l/b/ 1 fi?,/u/O/?ui =2&ik =f 534 768664& v lew=pt&c al :::Jack \1 e,;irc h= ... 213
FW: Activity !n Caso 1:13CV001JO,.Cl(f( JAC!('S CANOf.S ..
tJ Jack's Canoes Notice of Appeal.pdf
65K
t ://mall. ccm/ m al l/b/ 15211,1/ =f 534 768664&v lew=pt&cat =J .:1c k's Oo<il hollS o .. 3/3
UNITED STATES DISTIUCT COURT
FOR THE DISTIUCT CH<' COl,UMBIA
.JACK's CANOES & KAYAKS, L.LC
Plaintiff,
v.
NATIONAL PAltK l<OlJNDATION, and
Jlcfcnd11nts.
)
)
)
)
)
)
)
)
)
)
)
)
Case : l; 13-cv-00130 (CKK)
NOTICE OF APPEAL
Notice is hereby given thut Plaintiff Jack's Canoes & Kayaks, LLC ("Jack's LLC") hereby
appeals I:() the United State8 Court of Appeals for the District of Columbia Circuit, the Court's March
28, 2013, Order (Docket II 28) and rnlatcd Memorandum Opinion (Docket# 29) denying Plaintiffs
determination that Jack's LLC lacks standing to seek a declaratory judgment thut jurisdiction over Lot
805 in Square 1179 in Georgetown where Jack's Boath(1use is locuted was never effectively transferred
to the NPS or the NPF, or, if transferred to the NPS or the NPF, has reverted to the District ofColumhia.
Respectfolly submitted,
-;- 4-/_ ______
Camp ,tY
Law Offices of Charles H. Cump, P.C.
Suite 1150
Telephone; (202) 457-7786
Facsimile; (202) 457-7788
Counsel for Pluintiff
,Jock's Canoes & Kayaks, LLC
March 29, 2013
i.:llf.\MitOf: TH!:! !N'l'EHIOH - nawa release Key Bridgo Boathouso

.
draft news release Key Bridge Boathouse
Olson, Jeffrey <jeffrey_olson@nps.goV> Fri, Mar 29, 2013 at 10:34 AM
To: Ste"' Whitesell <st0"'_whit0sell@nps.goV>, Ste"' LeBel <Ste"'_LeBel@nps.goV>, Tara Morrison
<tara_morrison@nps.goV>
Here's tho draft. It needs contact information. I'll call the concessioner.
Thoughts, concerns?
Jeffrey G. Olson
omce of Communications
National Park Ser.ice
1849 C Street NW
www.nps.Qtiv
t.J Key Bridge Boat House to open April 8 draft 3.29.13.docx
13K
tips: //mall. google. corn/malt/ b/ 152/ u/O/'? u!o
1
2&1k 534 /6 0664&v lew=pt&c al =Jack's Boathouso&s o<irc h , ,
Draft News Release March 29, 2013, at 10:30 a.m.
Opening of Key llridge Boathouse
WASHINGTON - Chilly cherry blossoms aside, spring is <it hand and it's nearly time to get on the
Potomac River from the Key Bridge Boathouse along the Georgetown waterfront in Rock Creek Park.
Rock Creek Park Superintendent Tara Morrison said Key Bridge Boathouse staff will be on site April 8th
to visit with people who presently store their canoes, kayaks or other watercraft al the site. "They will
also be available to take reservations to store boats this season," she said. "We expect actual boat
rent<ils to begin once the water temper01ture reaches 50 degrees."
This will be the first season in Washington for Key Bridge Boathouse which is operated by lloston .. based
B&G Outdoor Recreation, Inc. "we're excited to be in Washington," said Mike Aghajanian of B&G
Recreation. "We're hopeful the water will be warm enough that we can get people out on the Potomac
River in a couple of weeks. Look for us just under the Key Bridge on Water Street."
The National Park Service this winter awarded Key Bridge lloathouse a two .. year concession contract to
provide non .. motorized boat rental and storage services along the Georgetown waterfront.
B&G Outdoor Recreation, Inc., also known as Boating in Boston, operates six kayak, canoe, pedal boat
and rowboat rental locations in the Greater Boston area, including three at Massachusetts state parks.
Contact information:
Web site: isn't one
F2!lH!1 INTER!(JR Mcil! .. Jtick's Carl()OS & Kayaks. L.l.C V. NPS, et. all.
Roth, Barry <barry.roth@sol.doi.goV> Fri, Mar 29, 2013 at 8:12 AM
To: "Whitesell, Ste-,.," <ste"' .. whites0ll@nps.goV>
Cc: Sto\G L0Bol <st0\G_lebel@nps.90V>, "Sue_Waldron@nps.gov' <Sue,_Waldron@nps.goV>,
"melissa. lackey@sol.doi.gov' <melissa. lackey@sol.do1.goV>, "Jeffrey_ Olson@nps.gov' <Jeffrey _,Olson@nps .goV>,
"Sue_Waldron@gnps.doi.gov' <Suo_Waldron@g-nps.doi.goV>, "tara_morrison@nps.gov'
<tma ...,,morrlson@nps.goV>, "robert.eaton@sol.doi.gov' <robert.0aton@sol.doi.goV>
Now that makes mom sense to a simple lawyer. Wynne's message yesterday Indicated that he wanted to talk
anyway today so we can go Ol.r some questions/details.
With the benefit of reading on a full screen, I ha"' a couple comments on the background portion if that would be
released too?
Barry N. Hol:.h
Associate Sol.:l.cj.tor
Di.vi.si.on of Parks & Wildlife
202-208-4344
1'i.1x: 202-20B-387'7
c r.'y, R(> l', h ;:n :l . do:\., \JO'./
ern'1il Is intended for the use of the individual or entity to which it ts It m8y contain inform<:ition thi'..lt
is privl leged
1
con'fi den ti a I, or otherwi sc protected by a ppl i cab I e l.:iw. If you are not th0 l ntendcd pient or the
employee of or res pons i bl c for dcl i very of th ls ema H to the i ntendod roci pi you re hereby no ti fi eel that its
disscminntion, distrib1.1t!on1 or use of this email is strictly prohibited, If you receivC::!d this em::iil in error,
r1otify the sender immecHate!y and destroy ;;di copies.
On Fri, Mar 29, 2013 at 7:59 AM, Whitesell, Ste"' <steve __ whitesell@nps.gov> wrote:
Barry
Key Bridge Boathouse staff will be on site the 8th to talk to folks about the coming season and to begin taking
reseMltlons to store boats. Unless Simkin completely Vdcates the premises (remol.s docks, trailer and large
shed), I don't anticipate that the Key Bridge folks will be able to fully deploy their facilities. We recognize that
should Simkin lea"' anything behind that we will ha"' to handle it as abandoned property requiring
safeguarding. How one does that with a dock will be interesting, though we ha"' some ideas.
Our guess is that K0y Bridge won't be fully operational until tho 15th or so.
On Fri, Mar 29, 2013 at 7:53 AM, Roth, Barry <barry.roth@sol.doi.goV> wrote:
Melissa is out today so Rob or I will run the drafl press release by the AUSA momentarily. But what does it
mean they are prepared to open April 8? I don't know anything about concessions or boat operations, but
as of now he has until April 7 under your notice to \oacato. So unless he indicates he is leaving earlier than
that, I am curious how fast a turn around is possible.
Barry N. Roth
Associ,ate Solicitor
Divi,si.on of Parks & W:Lldl.:i .. [e
:// I. googla. com/ m al lfb/ 152/ u/O/? ul f.1f S34 l66664&v lew=pt&c<:1! =J at: k '5 [J(J<\t h()llS e&search;;i, , , 1/5
.t'.2!JHB INTERIOR Mail - Ro: & Koiy<iKs, ll.C V, NPS, et. al!,
202,2084344
fax: 202-209-3877
1J,,.,-i 1' I'" .Y. Hot., \1 (:1 ::;o 1 . di:) .i .. qov
This em::'! i I is i ntencieci for the us c of the i ncHvi I or ent! ty to which it is .::i dciressed. It m.:iy contain i 11forn1a ti nn
that is privileged, confidential, or otherwise by applicable law. If you arc not the recipient or
the cmpl oyce of or agont res pon:; i bl e for deli very of this erna i I to tho i ntondod r()Ci pi c)nt, you re hereby no ti fi ed
the1t its dissornini.itlon, di5tribuUon
1
copying or use of this en1e1il is strictly prohibited. If you t'eceived this Ctllail
in t:rror, ple;;.1se notify the sender irnmeciiatety 8nd dos troy i:ill c:<Jpies.
On Thu, Mar 28, 2013 at 10:03 PM, Stew Le8el <stew._lebel@nps.goV> wrote:
We mot with the concessioner this morning, They prepared to open April 8. Their first priority is to
. connect with the folks now storing their boats on tho site. Soat rentals will begin once the water temp
On Mar 28, 2013, at 8:32 PM, Sarry Roth <bmry.rott1@sol.doi.goV> wrote:
If you get a call tonite I would think you can say that with the denial of the motion we
are proceeding to move forward with the concession st<irting up and opening to the
public early next month.
from: Suzanne Waldron [mailto:sue __ waldron@nps.gov]
To: Steve .. Whitesell@nps.gov <Steve_Whitesell@nps.gov>; barry.roth@sol.doi.gov
<barry.roth(cilsol.doi.gov>
Cc: melissa.lackey@sol.doi.gov Jeffrey ___Olson@nps.gov
<Jeffrey_Olson@lnps.gov>; Sue ......Waldron@gnps.cloi.gov <Sue_Waldron@g-nps.doi.gov>;
tara .. rnorrison@nps.gov <l<ll'cl_rnorrison@nps.gov>; Steve ... Lellel@nps.gov
<Steve ... JeBel@nps.gov>; robert.eaton@sol.doi.gov <robert.caton@sol.cloi.gov>
Ok so has anyone gotten a press call tonite? If not, we get ausa ok tomorrow and
Barry if there is a media call tonite con we release?
Jeff could you get someone to work up a draft release first thing annoL1ncing th':
opening.
Steve/tara: will the concessioner be open for business on i\pril 8? If not, when?
What else?
From: Steve Whitesell [rnailto:steve ... whitesell@nps.9ov]
Sent: Thursday, March 28, 2013 08: 19 PM
Cc: <SL1e,_Waldron@nps.gov>; rnelissa,lackey@sol.doi.gov
< mel issa. lackey@sol .doi, gov>; Jef'frcy _ Olson(ql nps. gov <Jeffrey,,_ Olson@nps.gov>;
Sue .. Waldron@g-nps,dol.gov <Sue_Walclron@g-nps.doi.gov>; tara_morrison@nps.gov
<tara .... rnorrison@nps.gov>; Steve_,LeBel@nps.gov <Sleve_LeBel@nps.gov>;
r()bcrt.eaton@sol.cloi.gov <robert.eaton@sol.dol.gov>
tips :;;f 534 7B8664&v .. 2/5
Sue
The statomont works fine for me.
On Mar 28, 2013, at 8:18 PM, Barry Roth <1Jarry.rot11@sol.doi.gov.> wrote:
Yes
From: Waldron, Suzanne [mailto:sue ...waldron@nps.gov)
To: Barry Roth <barry.rot11@lsol.cloi.gov>
Cc: Steve Whitesell <steve,_whitesell@nps.gov>; Melissa Lackey
<melissa.lackey@lsol.cloi.gov>; Jeffrey Olson <Jeffrey_Olson@lnps.gov>;
Suzanne Waldron <Sue_Waldron@lg-nps.cloi.gov>; Tara Morrison
<tara_morrison@nps.gov>; Steve LeBel <St'W_ .. LeBC\l@nps.gov>; Robert
Eaton <robert.eaton(cilsol.doi.gov>
On Thu, Mar 28, 2013 at 7:06 PM, Barry Roth <barry.rolt1@sol.doi.gov.> wrote:
I think this is ok buy we should run by AUSA in the morning, Key is not
to discuss ongoing litigation which I don't think o ~ are.
From: Waldron, Suzanne [mailto:sue __ waldron@lnps.gov)
To: Whitesell, Steve <steve_whitesell(cilnps.gov>; Melissa Lackey
<melissa.lackey@lsol.doi.gov>; Barry Roth <b<1rry.roth@sol.cloi.gov>
Cc: Jeffrey Olson <Jeffrey,Olson@nps.gov>; Suzanne Waldron
<SL1e,,,,Waldron@g,,nps.doi.gov>; Tara Morrison <tara,,,,morrison@nps.gov>;
Steve LeBel <Stevc_LeBel@nps.gov>
Subject: Re: Jack's Canoes & Koyaks, LLC V. NPS, et. all.
see how this statement works ... slimmed It down a bit ... will keep in back
release tomorrow announcing the spring opening - will the opening day be
april 8?? or will the concessioner requires a couple of days to set up?
<sleve,_whilesell@nps.gov.> wrote:
Jeff and Sue
Attached please find my re\hsed statement (the last file) as well as the
court's two decisions. I didn't know ii you had seen them and lhe
simply decide the whole issue related to our proposed dismissal is moot
if Simkin lem'3s quietly.
Let me know if I can answer any questions. I understand you will either
issue this as a statement or hold it pending calls from the press
l lps: I I ~ l I. googlo. com/malt/ b/ 162/u/O/?ul;::;::?, 8".lk ==f 534 "168664&v lew=pt&cttt =J ac: k s aoalhous o&s{larc h
01
,
3/5
INTERIOR C<111oes & Kf.lyaks, LLC V. NPS, Ol. <.ill.
--Forwarded message ----------
From: Lackey, Melissa <melissa.lackey@sol.cloi.gov>
To: Margaret O'Dell <peggY .. o'd0ll@nps.gov>, Maureen Foster
<maureen_foster@nps .(JOv>, Stew Whitesell
<steve _whites<;ll@nps.gov>, Lisa Mendelson <lisa ..1nor1tt0lson-
iolmini@nps.gov>,Tara Morrison <tara.)llOrrison@nps.gov>, Steve LeBel
<stew, _lebel@nps.gov>
Attached for your re>,iew are the Court's Order denying the Plainti1fs
Motion for a Temporary Restraining Order and granting DC's Motion to
Dismiss tho claims against it. The Court did not grant the NPS' Motion to
Although I cannot fl.illy explain the Court's hesitation on that score, a
re>,iew of the 36-page order suggests that it may be waiting to see what
happens on April 7 (I.e., will the Plaintiff ""cate the property \l:lluntarily or
not), because the Court considers that the Plaintlfrs allegations about
"self-help e>,iction" are not yet ripe. If the Plaintiff \l:lluntarily ""cates the
property (as Steve LeBel's earlier email about the overnight remo""I of
boats from the property might suggest), the Court could decide that the
case would then be moot and dismiss It on that ground. If the Plaintiff
does hold owr, the NPS could treat it as a trespasser and remow it
. forcibly or it could seek an order of e>,iction at that point (which could
create an adwrse precedent, which I would be happy to discuss further).
In the meantime, I will ask the AUSA to call Plaintiffs counsel to see if he
would tell us if Plaintiff does intend to ""cate.
Melissa Lackey
. Attorney Ad>,isor
Mail Stop 5311
. Washington, DC 20240
Phone: 202 513"0733 Fax: 202 208-3877
This e-mail (including any and all attachments) is intended for the use of
the indi>,idual or entity to which it is addressed. It may contain
information that is pri>,ileged, confidential or otherwise protected by
applicable law. If you are not tt1e Intended recipient or the employee or
agent responsible for deliwry of this e-mail to the intended recipient, you
are hereby notified that any dissemination, distribution, copying or use of
this e-mail or its contents is strictly prohibited. If you receiwd this e-mail
in error, please notify the sender immediately and destroy all copies.
Sue W alclron
t tps: I Im ail. google. eom/ malt/ b/ 16:1!/u/Of ?ul rol! l!.lk :;:f !,)3./1768664&\/ ,;1c k's Boat house&soaJ'cll=, , , 415
/:281-Ul tNTERl(JR .. JJck's Ci:lt"\(Jl;IS & Kayaks, LLC V. NPS, el. all.
(202) 208.3046
Visit us www.nps.9ov
The National Park Ser.ice cares for special places saved by the American
people so that all nwy experience herita(le.
ExPERIENCE YOUR AMERICA
sue Waldron
(202) 208-3046
The National Park Ser.ice cares for special places saVJd by the American
people so that all may exporicncc our heritage.
ExPERIENCE YOUR AMERICA
i@'J Jacks Statement_DRAFT_3_28_ 13_swBNR.docx
18K
ti p:!i: 11 m com/ m a!I/ t)/ 152/u/O/?u 1=2&ik =f 534 768664& v llw.upt &cat ;;;Jack's !;laathause&.s f.:larch= ..
$/$
Statement on Jack's Boathouse Ruling
"With the court's ruling we can now move forward with the new operator that was
Steve Whitesell
Background:
On March 28, the U.S. District Court for the District of Columbia, denied the motion filed by
JACK'S CANOES & KAYAKS, LLC for a Temporary Restraining Order and Preliminary Injunction
On March 1, the NPS announced the selection of 8&G Outdoor Recreation, Inc. for a two-year,
Boston area, including three at Massachusetts state parks. This Is their first concession service
B&G, operating as Key Bridge Boathouse and will begin boat rental and storage services from
the former Jack's site beginning on April 8.
Jack's Canoes & Kayaks, LLC, did not respond to the RFQ from which B&G was selected.
P2!Jfll!l INTERIOR Ro: J<ick'$ Cmwos & K<iy<iks, LLC V, NPS, Ell. 1;11!,

-
Roth, Barry <:barry.roth@sol.doi.gov.> Fri, Mar 29, 2013 at 7:53 AM
To: Stew LeBel <:stew_lebel@nps.gov.>
Cc: "Sue_Waldron@nps.gov' <Sue_Waldron@nps.gov.>, "Stew_Whitesell@nps.gov' <Stel,{)_Whitesoll@nps.gov.>,
"mallssa. lackoy@sol.dol.gov' <melissa. lackey@sol.doi.gov.>, "Jeffrey_ Olson@nps.go\I' <Jeffrey,_ Olson@nps.gov.>,
"Sue_ Waldron@g-nps .doi .gov' <Sue_ Waldron@g-nps.doi.gov.>, "tara ... morrison@nps.gov'
<tara_morrison@nps.gov.>, "robert.eaton@sol .doi.(JO\I' < robert.eaton@sol.doi.gov.>
Melissa is out today so Rob or I will run the draft press release by the AUSA momentarily. But what does it
mean they are prepared to open April 87 I don't know anything about concessions or boat operations, but as of
now he has until April 7 under your notice to vacate. So unless he indicates he is lea"1ng earlier than that, I am
curious how fast a turn around is possible.
Ba.rry N. Ro l.11
Associ.ate Sol.icitor
202-200-1311
rax: 202-208-3877
.. :io:i.gov
This ema i ! is intended for the use of the) i ndi vi dua I or ent! ty to which it is addressed. It may cont<:i in i nform<.i ti on tht::1 t
is pri vi I cged, confi den ti '1 I, or s e protected by a ppl i cab I e I aw. If you a re notthe intended reti pi en l or the
of or agent responslble for delivery of this email to the you are hereby notified thcit its
dissernina1tion
1
distribution, copying or use of this is strictly prohibited. 1r you received this em8il in error,
please notify the sender <.ind destroy
On Thu, Mar 28, 2013 at 10:03 PM, Stew LeBel <ste.eJebol@npS.\JOv.> wrote:
We met with the concessioner this morning. They prepared to open April 8. Their first priority is to connect
with the folks now storing their boats on th0 site. Boat rentals will begin once the water temp reaches 50, in a
couple of weeks.
If you get a call tonite I would think you can say that with the denial of the motion we are
proceeding to move forward with the conces>ion >tarting up ond opening to the public
early next month.
Fl"om: Suzanne Waldron [mailto:sue_waklron@nps.gov]
To: Steve ___Whitesell@nps.gcJV <Stew Whitescll@nps.gov>; b11rry. roth@sol.doi.gov
<ba rry. roth(ijl sol. doi .gov>
0:: mdissa.lackcy@sol.doi.gov <melissa.lackey(glsCJl.doi.gov>; Jeffrey __ Olson@nps.gov
<Jcffroy_Olson@nps.gov>; Sue_Waldron@g"nps,doi.gov <Suo_Walclron@g-nps.doi.gov>;
tar a_mor rison(gl n ps ,gov <tar a_morrison@n ps. gov>; S teve_LeBe l@nps.gov
<Steve",,LeBel@nps.gov>; robort.eaton@sol.doi.gov <robert.eaton@sol.doi.gov>
Subjei;t: Re: Jack's Canoes & Kayaks, LLC V. NPS, et. all.
llps ://mall.googla. com/m<.l!lfb/ :J34166664 &v lew:;;pt&c:;it=Jack's ...
: THE INTERIOR Mail - Ro: Jack's CanOl:l:s & LLC V. NPS, al!,
Ok- so has anyone gotten a press call tonite? If not, we get ausa ok tomorrow and have it
ready to go.
Barry if there is a media call tonite can we rclc<Jse?
Jeff could you get someone to work up a draft release first thing ilflnouncing the opening.
Stcvc/tara: will the concessioner be open for business on april 8? If not, when'?
What else?
From: Steve Whitesell [mailto: steve ___whitesell@lnps.gov]
To: Barry Roth <barry.roth@sol.clol.9ov>
CC: Sue_Waldron@nps.gov <Sue __ Waldron@nps.gov>; melissa.lackey@sol.doi.gov
<melissa.lackey@sol.doi.gov>; Jeffrey __ Olson@nps.gov <.leffreY ... Olson@nps.gov>;
S ue-.. Wa Id ron@g- nps. do!. gov <Sue __ W a lclron(glg nps. doi. gov>; ta r'1_rnorrison@nps.gov
<taril_morrison@nps.gov>; Steve,,LeBel(l;ilnps.gov <S leve_J.e Bel@nps.gov>;
robe rt. eaton@sol .doi. gov <robe rt. ea ton@sol.do i .gov>
Sue
On Mar 28, 2013, at 8:18 PM, Barry Roth <barry.roth@sol.cloi.goV> wrote:
Yes
From: Waldron, Suzanne [mailto:sue __ waldron@nps.gov]
CC: Steve Whitesell <steve_whitesell@nps.gov>; Melissa Lackey
<rnelissa.lackey@sol.doi.gov>; Jeffrey Olson <Jef'frey_Olson@nps.gov>; Suzanne
Waldron <Sue ... Waldron((Jlg-nps.cloi.\JOV>; Tara Morrison
<tara_morrlson@nps.gov>; Steve LeBel <Stevc_,LeBel@nps.gov>; Robert Eaton
Subject: Re: Jack's Canoes & Kayaks, l.LC V. NPS, et. all.
On Thu, Mar 28, 2013 at 7:06 PM, Barry Roth <barry.roth@sol.doi.(JOV> wrote:
I think this is ok buy we sho1.rld rin by AUSA in the morning. Key is not to
discuss ongoing litigation which I don't think you are.
From: Waldron, Suzanne [mallto:sue ... waldron@nps.gov]
To: Whitesell, Steve <steve_whitesell((pnps.gov>; Melissa Lackey
<melissa.lackey(i'Ilsol.doi.gov>; Barry Roth <barry.roth@sol.cloi.gov>
CC: Jeffrey Olson <Jcffrey_Olson@nps.gov>; Suzanne Waldron
<Suc_ Walclron@g"nps.doi.gov>; Tara Morrison <tara_111orrison@nps.gov>;
II p:s: If mai!. googlo. corn/ tli <il!/b/ 152/ u/O/? u!1112&1k o;f 534 i'66664&v lew=pt&cal =Jack':> 130cit o 8.so<1rc )):; , , , 214
INTERIOR M<.lH- Ro: J<.ICK's C<.\n(IOS & l.l"C v. NPS, Ell. all.
Steve LeBel <Steve,,,LeBd@nps.gov>
see how this statement works ... slimmed it down a bit ... will keep in back pocket
: for incoming calls tonight - suggest we think about Issuing a press release
tomorrow announcing the spring opening - will the opening day be april 8?? or
will the concessioner requires a couple of days to set up?
On Thu, Mar 28, 2013 at 5:50 PM, Whitesell, Ste;e <stew_whitesell@nps.goV>
wrote:
Jeff and Sue
Attached please find my re'<ised statement (the last file) as well as the court's
two decisions. I didn't know if you had seen them and the accompanying note
from Melissa Lackey explaining that th0 court may simply decide the whole
issue related to our proposed dismissal is moot if Simkin lea;es quietly.
Let me know if I can answer any questions. I understand you will either issue
this as e statement or hold it pending calls from the press (assuming they
' care).
From: Lackey, Melissa <melissa.lackey@sol.doi.goV>
To: Margaret O'Dell <peggy_o'dell@nps.goV>, Maureen Foster
<maureen.Joster@nps.goV>, Ste"" Whltesoll <ste;e_whitesell@nps.goV>,
Lisa Mendelson <lisa __ rnendelson-ielmini@nps.goV>, Tara Morrison
<tara_morrison@npS.(lOv>, Ste;e LeBel <ste\e_lebel@nps .goV>
Attached for your re-.iew are tho Court's Order denying the Plaintiffs Motion for
a Temporary Restraining Order and granting DC's Motion to Dismiss the
claims against it. Tue Court did not grant the NPS' Motion to Dismiss,
indicating that it would decide that matter at a later date.
Although I cannot fully explain the Court's hesitation on that score, a re-.iew of
the 36-page order suggests that It may be waiting to see what happens on
April 7 (i.e., will tho Plaintiff vacate the property 1,0luntarlly or not), because the
Court considers that the Plaintiffs allegations about "self-help e-.iction" are not
yet ripe. If the Plaintiff \tlluntarlly vacates the property (as Ste;e LeBel's earlier
email about the o;ernight remo'Ai!I of boats from the property might suggest),
tho Court could decide that the caso would then be moot and dismiss It on
that ground, If the Plaintiff does hold o;er, the NPS could treat it as a
trespasser and remo;e it forcibly or it could soak an order of e'<iction at that
point (which could create an ad;erse precedent. which I would be happy to
discuss further).
In the meantime, I will ask the AUSA to call Plaintiffs counsel to see if he
- would tell us if Plaintiff does intend to V"dcate.
Melissa Lackey
- Attorney Ad..,;sor
U. S. Department of the Interior, omce of the Solicitor
t t p:>: //mail. le, corn/ m i;illlb/ 152/ u/O/?ul=2&1k :::ir rae664&v =Jack s omch

Mail Stop 5311
Phone: 202 513-0733 Fax: 202 208-3877
This e-mail (including any and <lil attachments) is intended for the uso of the
indi,;dual or entity to which it is addressed. It may contain information that is
pri,;leged, confidential or otherwise protected by applicable law. If you are not
the intended recipient or the employee or agent responsible for deli'-"!ry of this
e-mail to the intended recipient, you am hereby notified that any
dissemin<ition, distribution, copying or use of this e-mail or its contents is
strictly prohibited. If you receiwd this e-mnil in error, please notify the sender
Sue Wfllclron
National P>irk Ser,;ce
(202) 208-3046
' Visit us at www.nps.gov
The National Park Ser-Ace cares for special places sawd by the American
people so that all may exporionce our heritage.
Sue Waldron
National Park Ser,;ce
(202) 208-3046
Visit us <1t www.nps.gov
The National Park Ser-Ace cares for special places s01wd by Uw American people
so that all rnay experience our heritage.

.
Steve LeBel <stOl,l'l_lebel@nps.gm/.> Thu, Mar 28, 2013 at 10:03 PM
Cc: "Sue_Waldron@nps.gol/' <Suo,_Waldron@nps.gov>, "Ste>.e_Whitosoll@nps.gov' <Ste.,,,,_Whitesell@nps.gov>,
"melissa. lackey@sol .doi .gov' < melissa.lackey@sol .doi.gov>, "Jeffrey_ Olson@nps ,gal/' <Jeffrey _Olson@nps .goV>,
"Sue .. Waldron@g-nps.doi.gov' <Sue_Waldron@g-nps.doi.goV>, "tara_morrison@nps.gov'
<tara_ morrison@nps .goV>, "robort.eaton@sol.dol.gov' < robert.eaton@sol.doi.gov>
We mot with the concessioner this morning. They prepared to open April 8. Their first priority is to connect with
the folks now storing their boats on tho site. Boat rentals will begin once the water temp reaches 50, in a couple
of weeks.
On Mar 28, 2013, at 8:32 PM, Barry Roth <bany.roth@sol.doi.(JOV> wrote:
If you get a call tonite I would think you can say that with the denial of the motion we are
proceeding to move forward with the concession starting up f.lnd opening to the public early
next month.
From: Suzanne Waldron [mailto:sue __ waldron@nps.gov]
To: Steve __ Whitesell@nps.gov <Steve_ Whitcsell@nps.gov>; barry. roth@sol .cloi .9ov
Cc: malissa.lackey@sol.doi.gov <melissa ,lackey@sol.doi.gov>; Jeffrey,,.,Olson@nps.gov
<Jeffrey_ Olson@nps.gov>; S uc __ Walclron@g-nps.doi.gov <Sue_Waldrcn@gnps.cloi.gov>;
ta ra _morrison((J) nps. gov <ta ra_morrison@nps, gov>; S tcvo_LeBel@nps.gov
<S teve_LcBel@nps.gov>; robert. ea ton@sol. doi. gov <robe rt. eaton@so I. doi. gov>
Subject: Re: Jack's Canoes & Kiiyaks, LLC V. NPS, et. all.
Ok-so has anyone gotten a press call tonite? If not, we get ausa ok tomorrow and have it
ready to go.
Jeff could you get someone to work up <1 dmft release first thing announcing the opening.
Whnt else?
From: Steve Whitesell [mailto:steve_whltcscll@nps.gov]
Cc: Sl1e ..... Wi1ldron@nps.gov <Sue ... Waldron@nps.gov>; melissa.lackey@sol.doi.gov
<melissa.lackey@sol.doi.gov>; Jeffrey_Olson@nps.gov <Jeffrey_,Olson@nps.gov>;
Sue_ W aldron(\ilgnps .doi. gov <Sue_ W a ldron@g-nps. doi .gov>; ta ra _morrisonC<il nps .gov
<tara_morrison@nps.gov>; Steve_LeBel@nps.gov <Stcve_LeBel@nps.gov>;
\ t ps: // m ;(Ill, i;ioogle. com/mall/ b/ 152! u/O/ 7ul =2& lK
r 534 Y60664& v leYFpt&cat =Jeck 'i:; 13oat house&s earch;;; ... 1/4
12E'HB INTERIOR Mal!" Ro: ,l<1ck's C(lrn,111!!:1 & Kayaks, LLC V. NPS, l:l\.
robe rt. ea ton@sol. doi. gov < robcrt. ea ton@sol. cloi. 9ov>
Sue
The st11tement works fine for me.
On Mar 28, 2013, at 8:18 PM, Barry Roth <b;my.roth@sol.r.loi.gov> wrote:
Yes
From: Waldron, Suzanne [mallto:sue .. _walclron@nps.gov]
To: Barry Roth <bany.roth@sol.doi.gov>
Cc: Steve Whitesell <steve_whitesell@nps.gov>; Melissa Lackey
<melissa.l<Kkey@sol.cloi.9ov>; Jeffrey Olson <JEirfrey_Olson@nps.gov>; Suzanne
Waldron <Sue_Waldron@g"nps.doi.gov>; Tara Morrison <tara .... morrison(Wnps.gov>;
Steve LeBel <SteveJ.el3el@nps.9ov>; Robert Eaton <robert.eaton@sol.cloi.qov>
barry will sol run by ausl1
On Thu, Mar 28, 2013 at 7:06 PM, Barry Roth <barry.roth@sol.doi.gov> wrote:
I think this is ok buy we should run by AUSA in the morning. Key is not to
discuss ongoing litigation which I don't think you are.
To: Whitesell, Steve <steve __ whitesell@nps.gov>; Melissa Lackey
Cc: Jeffrey Olson <Jeffrt>y_Olson@nps.gov>; Suzanne Waldron <Sue .Waldron@g ..
nps.doi.gov>; Tara Morrison <tara, ..,morriso11@11ps.9ov>; Steve LeBel
<Stcvc_LcBel@nps.gov>
see how this statement works ... slimmed it down a bit ... will keep in back pocket for
incoming calls tonight - suggest we think about issuing a press release tomorrow
announcing the spring opening -- will the opening day be aprll 8?? or will the
concessioner requires a couple of days to set up?
On Thu, Mar 28, 2013 at 5:50 PM, Whitesell, Steve <steve_whitesell@nps.goV>
wrote:
Jeff and Sue
Attached please find my revised statement (the last file) as well as the court's
two decisions. I didn't know if you had seen them and the accompanying note
from Melissa Lackey explaining that the court may simply decide the whole
issue related to our proposed dismissal is moot if Simkin leaves quietly.
Let me know if I can answer any questions. I understand you will either issue
this as a statement or hold it ponding calls from the press (assuming they care).
Forwarded
ttp.s :/Im tiil. goog!o. ccm/ m 1:111/b/ 1 f/)./u/O/?u 1=2&1k =r 534 7GIJG64&v lew.-.1p1 &cat =Jack's BmilhOlll>o&s eorch ;ii, , , 214
: THE M<.111 Ro: Canoes & K.!lyaks, LLG V. NP$, oL i:i!I,
From: Lackey, Melissa <rnelissa.lackey@sol.cloi.(JOv>
To: Margaret O'Dell <pe[19y ____o'dell@nps.goV>, Maureen Foster
<rnaureen_foster@nps.gov>, Stew Whitesell <sto"" __.. whitesoll@nps.gov.>, Lisa
Mendelson .9ov>, Tara Morrison
<tilra_rnorrison@nps.gov>, Stew LeBel <stevtl,,..,lobel@nps.gov.>
' Attached for your ro\itew are the Court's Order denying the Plaintiff's Motion for a
Temporary Restraining Order and granting DC's Motion to Dismiss the claims
against it. The Court did not grant the NPS' Motion to Dismiss, indicating that it
would decide that matter at a later date.
Although I cannot fully explain the Court's hesitation on that score, a re'itew of
the 36-page order suggests that it may be w11iting to see what happens on April
7 (i.e., will the Plaintiff vacate the property wlLintarily or not), because the Court
considers that the Plaintiff's allegations about "self-help e\.iction" are not yet ripe.
If the Plaintiff wluntarily vacates the property (as Ste'-"l LeBel's earlier email
about the O'-"lrnight removal of boats from the property might suggest), the Court
could decide that the case would then be moot and dismiss It on that ground. If
. the Plaintiff does hold o\Gr, the NPS could treat it as a trespasser and remo'-'il It
forcibly or It could seek an order of e\.1ctlon at that point (which could create an
ad\Grse precedent, which I would be happy to discuss further).
In the meantime, I will ask the AUSA to call Plaintiff's counsel to see if he would
tell us if Plaintiff does intend to vacate.
Melissa Lackey
Attorney Ad\itsor
Mail Stop 5311
Phone: 202 513-0733 Fax: 202 208-3877
This e-mail (including any and all attachments) is Intended for the use of the
indi\.idual or entity to which it is addressed. It may contain information that is
pri\.ileged, confidential or otherwise protected by applicable law. If you are not
the Intended recipient or the employee or agent responsible for deliwry of this e-
mail to the intend0d recipient, you are hereby notified that any dissemination,
distribution, copying or use of this e-mail or its contents is strictly prohibited, If
you recei\Gd this e-mail in error, please notify the sender immediately and
destroy all copies.
Sue Waldron
National Park Ser\itce
(202) 208<)046
3/4
INTERIOR Mail - Ro: Jatk':; C<.ltlOOS & l.,LC V. NPS, ot.
lhe National Park Sor\oice cares for special places Sa'.{)d by the American people
so that all may experience our herit<igo.
EXPERIENCE YOUF< AMERICA
Sue Waldron
National Park Ser.foe
(202) 208-3046
The N<1tional Pmk Ser\oice cares for special places saved by the American people so
that all may experience our heritage.
YOUR AMERICA
t tps; 11mal!. googla. corn/ rn cii!/ bl 152./u/O/ ?ul ;;;?, II.I\.; =f 534 768664& v IOW.:l r.iJ aG k's Boat ho us o&s o<irch , , 414
Mall - Re: Jack's Canoo:; & K<lY <IKS, Ll .. C V, NPS, el. all.
-
-
Barry Roth <barry.roth@sol.doi.goV> Thu, Mar 28, 2013 at 8:31 PM
To: SuEi_Waldron@nps.gov, Ste,,.,_Whites0ll@nps.gov
Cc: melissa.lackey@sol.dol.gov, Jeffrey_Olson@nps.gov, Sue_Waldron@g.nps.doi.gov, tara_morrison@nps.gov,
Ste,,.,_LeBel@nps.gov, robert.eaton@sol.doi.gov
If you get a call tonite I would think you can say with the deniol of the motion we are proce.eding to
move forward with the concession starting up and opening to the public early next month.
From: Suzanne Woldron [mallto:sue_waldron@nps.gov]
To: Steve_Whitese!IC(Jlnps.gov <Stevc_ Whltesell@nps.gov>; barry. roth@sol .cloi .gov <barry.rolh@sol.do i .gov>
Cc: melissa.lackey@sol.doi.gov <melissa .lackey@sol.doi.gov>; Jeffrey _,OlsonC'!lnps.gov
<JeffreY Olson@nps.gov>; Sue,_Waldron@gnps.cloi.gov <Sue.",Waldron@gnps.doi.gov>;
t<ir<i_rnorrison@nps.gov <tilra.,,,morrison@nps.gov>; .. .LeBel@nps.gov <Steve .. LeBei@nps.gov>;
robert.eaton@sol.doi.gov <robert.eaton@sol.doi.gov>
Ok so h<is anyone gotten a press call tonite? If not, we get aus<1 ok tomorrow and have it ready to go.
Jeff could you get someone to work up <1 draft release first thing announcing the opening.
Stevc/tara: will the concessioner be open for business on april 8? If not, when?
What else?
From: Steve Whitesell [mailto:stcvc_whitesell@nps.gov]
Cc: Sue_ Walclron@nps.gov <Sue_ Wa ldron((Jl nps.gov>; melissa.lackey@sol.doi.gov
<melissa.lackey(ci)sol .,1oi.gov>; Jeffrey .. Olson@nps.qov <Jeffrey .Olson@nps.gov>; Sue . Wa ldron@gnps.cloi.gov
<S ue .... ,Waldro n@g-nps. cloi. gov>; ta ra_morrison@n ps. gov <tarn_morrison@n ps. gov>; S teve __ LeBel@nps.gov
<S teve_LeBelCQl nps, gov>; robcrt.eaton@sol. doi, gov < rnbe rt. eaton@sol. cloi. gov>
Sue
On Mar 28, 2013, at 8:18 PM, Barry Roth <barry.roH1@sol.doi.goV> wrote:
Yes
From: Waldron, Suzanne [mallto:sue ... waldron@nps.gov]
t tps: I/ rn cill. goog l(l, com/mal!lb/ 1521 u/O/ ?ul=2&11<
534 /60664& v lew=pt&cat ==J<le k's float houee&!Jearch= ... 114

Ho: ,Jock's & Kayak.!'!. LLC V. NPS, lt. Elli.
To: Barry Roth <barry.rot11@sol.cloi.gov>
Q;: Steve Whitesell <steve __ whitesell@nps.gov>; Melissa Lackey <melissa.lackey@sol.cloi.gov>;
Jeffrey Olson <Jeffrey __ Olson@nps.gov>; Suzanne Waldron <Sue __Willdron@g-nps.doi.gov>; Tara
Morrison <tara ____morrison@nps.gov>; Steve LeBel <Stove_LcBcl@nps.gov>; Robert Eaton
<rob er t. eaton@sol. doi .gov>
On Thu, Mar 28, 2013 at 7:06 PM, Barry Roth <barry.roth@sol.doi.9ov> wrote:
I think this is ok buy we run by AUSA in the morning. Key is not to discuss ongoing
litigation which I don't think you are.
From: Waldron, Suzanne [mailto:sue __ walclron@nps.gov]
To: Whitesell, Steve <steve_whitesell@nps.gov>; Melissa Lackey <melissa.lackey@sol.doi.9ov>;
Barry Roth <barry.rnth@sol.doi.g<JV>
(.(;: Jeffrey Olson <Jeffrey __ Olso11@11ps.gov>; Suzanne Waldron <Sue ... Waldron@g-nps.doi.gov>;
Tara Morrison <tara_morrison@nps.gov>; Steve LeBel <Steve_LeBcl@nps.gov>
see how this statement works ... slimmed it down a bit ... will keep in back pocket for Incoming
calls tonight - suggest we think about issuing a press release tomorrow announcing the spring
opening - will the opening day be april 8?? or will the concessioner requires a couple of days to
set up?
On Thu, Mar 28, 2013 at 5:50 PM, Whitesell, Ste..e<ste'-'O_whitesell@nps.gov> wrote:
Jeff and Sue
Attached please find my re\ised statement (the last file) as well as the court's two decisions.
didn't know if you had seen them and the accompanying note from Melissa Lackey explaining
that the court may simply decide the whole issue related to our proposed dismissal is moot if
Simkin lea'-'Os quietly.
Let me know if I can answer any questions. I understand you will either issue this as a
statement or hold it pending calls from the press (assuming they care).
--- Forward0d message ---
From: Lackey, Melissa <111elissa.l<1ckoy@sol.cloi.gov>
To: Margaret O'Dell <peggy_,o'dell@nps.gov>, Maureen Foster <maureen .. Joster@nps.oov>,
Ste"' Whitesell <steve Lisa Mendelson <lisa_,rn0ndelson-ielmini@nps.
gov;>, Tara Morrison <tara_morrison@nps.(JOv>, LeBel <ste;e_lebel@nps.gov>
Attached for your re\iew are the Court's Order denying the Plaintiffs Motion for a Temporary
Restraining Order and granting DC's Motion to Dismiss the claims against It. Tho Court did not
grant the NPS' Motion to Dismiss. indicating that it would decide that matter at a later date .
. Although I cannot fully explain the Court's hesitation on that score, a re\iew of the 36-page
order suggests that it may be waiting to see what happens on April 7 (i.e., will the Plaintiff
vacate the property wluntarily or not), because the Court considers that the Plaintiffs
llp:> : // m Jll. le, com Im !:!It/ b/ 15'1./ u/ OJ ?ul :o2&ik =f 534 76B664&v lew=pt&c <It ::::iJ ack 's Ocat ho us o&sei;irch'". , . 214
12ltHlii !NTEl;i.!QR. Mall - Re: Jack's Cano0:> & KciYciks, ll.C V, NPS, \Sil. all.
allegations about "self-help e\1ction" are not yet ripe. If the Plaintiff \Oluntarily vacates the
property (as Ste1,G L0Bel's earlier email about tho owrnight removal of boats from the property
might suggest), the Court could decide that the case would then be moot and dismiss it on
that ground. If the Plaintiff does hold owr, the NPS could treat It as a trespasser and remo\O it
forcibly or it could seek an order of e\1ction at that point (which could create an ad,.,rse
precedent, which I would bo happy to discuss further).
In the meantime, I will ask the AUSA to call Plaintiff's counsel to see if he would tell us if
Plaintiff does intend to vacate.
Melissa Lackey
Attorrnoy Advisor
Mall Stop 5311
Phone: 202 513-0733 Fax: 202 208-3877
This e-mail (Including any and all attachments) is intended for the use of tho lndi\1dual or entity
to which it is addressed. It may contain information that is pri\ileged, confidential or otherwise
protected by applicable law. If you are not the intended recipient or the employee or agent
responsible for delll,l'll)' of this e-mail to the intended recipient, you are hereby notified that any
dissemination, distribution, copying or use of this e-mail or its contents is strictly prohibited. If
you receiwd this e-mail in error, please notify the sender immediately and destroy all copies.
Sue Waldron
Assistar1t Director, Comm\inications
(202) 208-3046
The National Park Ser\ice cares for special places sawd by the American people so thcit all may
experience o\lr heritage.
Sue Waldron
(202) 208-3046
The Nt1tional Park Service cares for special places saved by tho American people so that all may
experience our heritage.
ttps :// m a!I. com/ m '111/b/ 1521 u/Ol?u i=2&ik =I 534 760G64&v lew;;pt &c:;it =Jack's Boci\ lious o&s =, .. 3111
121)/14
~
em
Suzanne Waldron <sue_waldron@nps.gov> Thu, Mar 28, 2013 at 8:24 PM
To: Stew_Whitesell@nps.gov, barry.roth@sol.doi.gov
Cc: melissa.lackey@sol.doi.gov, Jeffrey_ Olson@nps.gov, Sue_ Woldron@g-nps.doi.gov, tara_morrison@nps.gov,
Stew_LeBel@nps.gov, robert.eaton@sol.doi.gov
Ok- so has <1nyone gotten a press call toniteI If not, we get ausa ok tomorrow and have it ready to go.
B<1rry if there is a media cal I ton ite rnn we re lease?
Jeff could you get someone to work lip a draft release first thing announcing the opening.
What else?
From: Steve Whitesell [mailto:steve_whitesell@nps.gov]
Sent: Thursday, March 28, 2013 OB: 19 PM
Cc: Slie_Waldron@nps.gov <Sue_Waldron@nps.gov>; melissa.lackey@sol.doi.gov
<mel issa. l<ickey@sol .doi. gov>; Jeffrey __ OlsonC\>l nps. gov <Jeffrey_ Olson@nps.gov>; sue_ W a Id ron@g-nps. doi. gov
<Sue .... .Walclron@g-nps.doi.gov>; tara .... morrison@nps.gov <tarn .... morrison@nps.gov>; Steve .... LeBel@nps.gov
<S teve_Le Bel@nps.gov>; robert.ea ton@sol. cloi. gov <robe rt. e<1 to n@sol. cloi. gov>
Subject: Re: Jack's Canoes & Kayaks, LLC V, NPS, et. all.
Sue
On Mar 28, 2013, at 8:18 PM, Barry Rott1 <barry.roth@sol.doi.gov> wrote:
Yes
From: Waldron, Suzanne [mailto:sue_walclron((J1nps.gov]
Cc: Steve Whitesell <steve_whltesell@nps.gov>; Melissa Lackey <melissa.lackey@sol.doi.gov>;
Jeffrey Olson <Jeffrey_Olson@nps.gov>; Suzanne Waldron <Sue .. .Waldron@g-nps.cloi.gov>; Tara
Morrison <tara_morrison@nps.gov>; Steve LeBel <Steve ... ,LeBel@nps.gov>; Robert Eaton
<robe rt.eaton@sol .doi .gov>
On Thu, Mar 28, 2013 at 7:06 PM, Barry Roth <barry .. roth@sol.doi.gov> wrote:
t t ps ://mall. gooi;ile, com/ m a!l/b/ 152/ u!O/?ui:o:?.8 ..lk cJf 03<1 /G 66G4& v lew=pt&c r.it =J flC k's o ~ t hou!l e &search= ... 11a
r.2JJl-H'l INTERIOR M<.lil .. f''l.o: JJck's Canoas & Kayaks, LLC V. NPS, ot. o!I.
I think this is ok buy we should run by ALISA in the morning. Kay is not to discuss ongoing
litigation which I don't think you are.
From; Waldron, Suzanne [mailto:sue._.waldron(ci1nps.gov]
Sent; Thursday, March 28, 2013 03:56 PM
To: Whitesell, Steve <steve_ ... whitesell@nps.gov>; Melissa Lackey <melissa.lackey@sol.doi.gov>;
Barry Roth <bMry.roth(iilsol.doi.gov>
Cc; Jeffrey Olson <Jeffrey_Olson@nps.gov>; Suzanne Waldron <Sue_Waldron(<jlg-nps.cloi.gov>;
Tara Morrison <tara_morrison@nps.gt)v>; Steve LeBel <Steve .... LeBel@nps.gov>
Subject: Re; Jack's Canoes & Kayaks, LLC V. NPS, et. all.
see how this statomont works ... slimmed it down a bit ... will keep in back pocket for Incoming
calls tonight - suggest we think about issuing a press release tomorrow announcing the spring
opening - will the opening day bo april 8?? or will the concossionor reqL1ires a coL1ple of days to
set up?
On Thu, Mar 28, 2013 at 5:50 PM. Whitesell, Ste"" <stew .. whitesell@nps.gov> wroto:
Jeff and Sue
Attached pleaso find my re\ised statement (the last file) as well as the court's two decisions.
didn't know if you had seen them and the accompanying note from Melissa Lackey explaining
that the court may simply decide the whole issue related to our proposed dismissal is moot if
Simkin lea""'s quietly.
Let me know if I can answer any questions, I understand you will either issue this as a
statement or hold it pending calls from the press (assuming they care).
---- Forwarded message ---
To: Margaret O'Dell <pegJY .... o'doll@nps.>JOv>, Maureen Fosler <maureen_foster@nps.r1ov>,
Steve Whitesell <stew _____whitesell@nps.gov>, Lisa Mendelson <lisa_rnendelson"iolrnini@nps.
r1ov>, Tara Morrison <tara_morrison@nps.oov>, Steve LeBel <:stevo __lobel@nps.gov>
Attached for your re\iew are the Court's Order denying the Plaintiff's Motion for a Temporary
Restraining Order and granting DC's Motion to Dismiss the claims against it. TI1e Court did not
grant the NPS' Motion to Dismiss. indicating that It would decide that matter at a later date.
Although I cannot fully explain the Court's hesitation on that score. a re\iew of the 36-page
order suggests that it may be waiting to see what happens on April 7 (i.e., w111 tho Plaintiff
vacate the property "lluntarily or not), because the Court considers that the Plaintiffs
allegations about "self-help olAotion" are not yet ripe. If tt1e Plaintiff "lluntarily vacates the
property (as Ste"" LeBel's earlier email about the overnight removal of boats from the property
might suggest), the Court could decide that the case would !hon bo moot and dismiss It on
that ground. If tho Plaintiff does hold over, the NPS could treat it as a trespasser and remove it
forcibly or It could seek an order of elActlon at that point (which could create an adverse
precedent. which I would be happy to discuss further).
In the meantime, I will ask the AUSA to call Plaintiff's counsel ta see If he would tell us if
Plaintiff does intend to vacate.
Melissa Lackey
t lps ://mall. Q(log le, com/ m a!llbl 1 !:i:Vu/O/?u!=2&1k =1534 768664& v law,,1pt&cat =Jack's Botit ho us o&s oarc hr.i, , , 213
Attorney Ad'-isor
Mail Stop 5311
Phone: 202 513-0733 Fax: 202 208-3877
This e-mail (including any and all attachments) is intended for the use of the indi'-idual or entity
to which it is addressed. It may contain information that is pri'-ileged, confidontlal or otherwise
protected by applicable law. II you are not the intended recipient or the employee or agent
responsible for deliwry of this e-mail to the intended recipient, you are hereby notified that any
dissemination, distribl1tion, copying or use of this e-mail or its contents is strictly prohibited. If
you receiwd this e-mail In error, please notify the sender immediately and destroy all copies.
Sue Waldron
(202) 208-3046
, Visit us at www.nps.gov
The National Park Ser'-ice cares for special places saved by the American people so that all may
Sue Waldron
Assistant Director,
(202) 208-3046
Tho National Park Ser'-ice cares for special places sawd by the American people so t11at all may
1-i.J/H:1 INTER10R MHll .. Ho: Ji:1ck's Canoe3 & K1;1yo11k.s. LLC V. NPS, al. al!.

Re: Jack's Canoes & Kayaks, LLC V. NPS, et. alL
Barry Roth <barry.roth@sol.doi.gov> Thu, Mar 28, 2013 at 8:17 PM
To: Sue_.Waldron@nps.gov
Cc: sto'A'l_Whitesell@nps.gov, melissa.lackey@sol.doi.gov, Jeffrey_ Olson@nps.gov, Sue_ Waldron@g-nps .dol .gov,
tara_morrison@nps.gov, Ste'A'l _ LeBel@nps.gov, robort.oaton@sol.doi.gov
Yes
From: Waldron, Suzanne [mailto:sue_walclron@nps.gov]
To: Barry Roth <barry.roth((J1sol.doi.gov>
Ct:: Steve Whitesell <steve __ whitesell@nps.gov>; Melissa Lackey <melissa.lackey@sol.cloi.gov>; Jeffrey Olson
<Jdfrey_Olson@nps.gov>; Suzanne Waldron <Sue_Walclron(q1g-nps.doi.gov>; Tara Morrison
<tara_.morrison@nps.gov>; Steve LeBel <Steve __ LeBel@nps.gov>; Robert Eaton <robcrt.caton@sol.doi.gov>
Subjec::t: Re: Jack's Canoes & Kayaks, LLC V. NPS, et. all.
On Thu, Mar 28, 2013 at 7:06 PM, Barry Roth <barry.rott1@sol.doi.gov> wrote:
I think this is ok buy we should run by AUSA in tho morning. Key is not to discuss ongoing litigation
which I don't think you arc.
From: Waldron, Suzanne [mailto:sue __ walclron(Wnps.gov)
To: Whitesell, Steve <steve_whitesell@nps.gov>; Melissa Lackey <melissa.lackey@sol.doi.gov>; Barry Roth
<ba rry. roth@sol .doi.gov>
Ct:: Jeffrey Olson <Jeffrey ___ Olson@nps.gov>; Suzanne Waldron <Sue ... Waldron@g-nps.cloi.gov>; Tara
Morrison <tara_morrlson@nps.gov>; Steve LeBel <Steve_LeBel@nps.gov>
Subjec::t: Re: Jack's Canoes & Kayaks, LLC V. NPS, et. all.
see how this statement works ... slimrned It down a bit. .. will keep in back pocket for Incoming calls tonight"
suggest we think about issuing a press release tomorrow announcing the spring opening - will the opening day
be april 8?? or will the concessioner requires a couple of days to set up?
On Thu, Mar 28, 2013 at 5:50 PM, Whitesell, Ste'A'l <ste'A'l_whitesell@nps.goV> wrote:
Jeff and Sue
Attached please find my revised statement (the last file) as well as the court's two decisions, I didn't know If
you had seen them and the accompanying note from Melissa Lackey explaining that the court may simply
decide the whole issue related to our proposed dismissal is moot if Simkin lea'A'ls quietly.
Let me know if I can answer any questions. I understand you will either issue this as a statement or hold it
pending calls from the press (assuming they care).
--Forwarded message-----
From: Lackey, Melissa <melissa.lackey@sol.cloi.gov>
ii p$ :// m <.Ill. (IOOQIO, com/ m ;:i(I/ b/ 1 S21 uf0/?ul=2& lk =f 534 76(1664&v IOW'" pl&c 1111''J1;1c k's Ba:;ithouse&s i:iarc h= ...
P.:!l!HB. INTERIOR Mllil- RO'. Jac:l<'s & Kayaks, I.LC V. NPS, 0t. all.
To: Margaret O'Dell <peggy __ o'dell@nps.(JOV>, Maureen Foster <rrmuroon_Joster@nps.goV>, Stew Whitesell
<stew_whitesell@nps.goV>, Lisa Mendelson <lisa ___mendolson-ielrnini@nps.goV>, Tara Morrison
<tara_rnorrison@npS.fJOV>, Stew LeBel <stovo __lobol@nps.gov>
Attached for your review are the Court's Order derrying the Plaintiffs Motion for a Temporary Restraining
Order and granting DC's Motion to Dismiss the claims against it. The Court did not grant the NPS' Motion to
Although I cannot fully explain the Court's hesitation on that score, a review of the 36"page order suggests
that it may be waiting to see what happens on April 7 (i.e .. will the Plaintiff vacate the property \l:lluntarily or
not), because the Court considers that the Plaintifrs allegations about "self-help eviction" are not yet ripe. If
the Plaintiff \l:lluntarily vacates the property (as Stew LeBel's earlier email about the owrnlght remoV<JI of
boats from the property might suggest), the Court could decide that the case would then be moot and
dismiss it on that ground. If the Plaintiff does hold o\er, the NPS could treat it as a trespasser and remo\e it
forcibly or it could seek an order of eviction at that point (which could create an ad"'9rsa precedent, which I
would be happy to discuss further).
In the meantime, I will ask the AUSA to call Plaintiff's counsel to see if he would tell us if Plaintiff does
interrd to V<Jcate.
Melissa Lackey
Attorney Advisor
Mail Stop 5311
Phone: 202 513-0733 Fax: 202 208-3877
This e"mail (including any and all attachments) is intended for the use of the indil.idual or entity to which it is
addressed. It may contain information that is privileged, confidential or otherwise protected by applicable
law. If you are not the intended recipient or the employee or agent responsible for deliWlry of this e-mail to
the intended recipierrt, you are hereby notified that any dissemination, distribution, copying or use of this e-
mail or its contents Is strictly prohibited. If you receiwd this e-mail in error, please notify the sender
irnrnediately and destroy all copies.
Sue Waldron
(202) 208-3046
Visit at www.nps.gov
The National Park Service cares for special places sawd by the American people so that all rnay experience
our heritage.
tips: 11 mall. googlo. corn/ m f:llll bf 152/u/O/?ul=2&iK =f 534 7G 0664&v low;:;pt&c1;1t =Jae k s Bo<.1U1ouso&s h= ... 213

Sue Waldron
Assistant Director, Cornrnunications
National Park S0r\ic0
(202) 208"3046
Visit LIS at www.nps.gov
The National Park Ser.ice cares for special places sa'-'3cl by the Arn0ricm1 people so that all rnay experience our
heritage.
ttp1;1 ://mail. googla. com/ m oU/ bl 1 1,1/0/?1,1 i=2&1k =f 534 761J064 & v lowi;;pj &cDI =Jack ':s Bocithousc h;;i, , . 313
IZllHl!1. INTERIOR M<.111 .. JJck'5 C1;1noes B. K1;1y<:iks, LLC V. NP$, ot. all.
Suzanne Waldron <sue_ ..waldron@nps.gov.> Thu, Mar 28, 2013 at 8:09 PM
To: barry.roth@sol.doi.gov
Cc: Ste""1_ Whitesell@nps.gov, melissa. lackey@sol.doi.gov, Jeffrey_ Olson@nps.gov, Sue_ Waldron@g .. nps.doi.gov,
tara_morris on@n ps .gov, S to"" Lo B ol@nps.gov, robert. eaton@sol. doi .gov
And that was a question!
Also <1ny leg<1I issue with the icle<> of putting out a release about when we will be open for business?
Fi'om: Waldron, Suzanne .... waldron@nps.gov]
To: Barry Roth <barry.rotl1@sol.doi.gov>
Cc: Steve Whitesell <steve_whitesell@nps.gov>; Melissa Lackey <melissa.lackey@sol.doi.gov>; Jeffrey Olson
<Jeffrey_Olson@nps.gov>; Suzanne Waldron <Slie_Waldron@g .. nps.doi.gov>; Tara Morrison
<i:ara_morrison@nps.gov>; Steve LeBel <Steve_L.eBel@nps.gov>; Robert Eaton <robert.eaton(\\)sol.doi.9ov>
On Thu, Mar 28, 2013 at 7:06 PM, Barry Roth <barry.roth@sol.cloi.gov> wrote:
I think this is ok b1Jy we should run by AUSA in the morning. Key is not to discuss ongoing litigation
which I don't think you are.
Fi'om: Waldron, Suzanne [mailto:s1Je_walclron@nps.gov]
To: Whitesell, Steve <sleve_whitesell@nps.gov>; Lackey <melissa.lacl1Qy@sol.doi.gov>; Barry Roth
<barry. roth@sol .cloi.gov>
Cc: Jeffrey Olson <Jeffrey ..-Olson@nps.gov>; Suzanne Waldron <Sue_Waldron@g .. nps.doi.gov>; Tara
Morrison <t<1r<1 .... morrison@nps.gov>; Steve LeElel <Steve __ LeBel@nps.gov>
see how this statement works ... slimmed it down a bit ... will keep in back pocket for Incoming calls tonight ..
be april 87? or will the concessioner requires a couple of days to set up?
On Thu, Mar 28, 2013 at 5:50 PM, Whitesell, Ste\13 <sto\09 .. whilosoll@nps.gol/.> wrote:
Jeff and Sue
Attached please find my m>ised statement (the last file) as well as the court's two decisions. I didn't know If
.. decide the whole issue related to our proposed dismissal is moot if Simkin lea\13s quietly.
Let me know if 1 can answer any questions. I understand you will either issue this as a statement or hold it
pending calls from the press (assuming they caro).
t tps: I Im QU, com/ mai!fb/ 152/u/O/'?u!==2&1k l!lf $34 '166664 B.v law=pl&c <ii =J CIC k' Boal ho\J e&s es.re h= ... 113
MOiii" He: Jnck'!;!. & Kayaks, LLG V. NPS, (J\. <.ill.
---- Foiwarded message----
Subject: Jack's Canoes & Kayaks, LLC V. NPS, et. nll.
To: Margaret O'Dell <peggy ___ o'dell@nps.9ov.>, Maureen Foster <rnaureen _ _foster@nps.gov.>, StOl,ll Whitesell
<stew._whitesell@nps.gov.>, Lisa Mendelson <lisa_Jnendelson-ielmini@nps.gov.>, Tara Morrison
<tar<i_morrison@nps.gov.>, St01,1'1 L0Bel <stew._lebel@nps.gov.>
Attached for your re;iew are the Court's Order denying the Plaintiff's Motion for a Temporary Restraining
Order and granting DC's Motion to Dismiss the claims against it. The Court did not grant the NPS' Motion to
Although I cannot fully 0xplain the Court's hesitation on that score, a re;iew of th0 36-page order suggests
that it may be waiting to see what happens on April 7 (I.e., will the Plaintiff ;acate the property wluntarlly or
not), because the Court considers that the Plaintifrs allegations about "self-help e;iction" are not yet ripe. If
the Plaintiff 1,1'.Jluntarily vacates the property (as Ste"' LeBel's earlier email about the ow.rnight remo;al of
boats from the property might suggest), the Court could decide that the case would then be moot and
dismiss it on that ground, It the Plaintiff does hold over, the NPS could treat it as a trespasser and remol,ll it
forcibly or it could seek an order of e;iction at that point (which could create an ad"3rs0 precedent, which I
would be happy to discuss further).
In the meantime, I will ask the AUSA to call Plaintiff's counsel to see if he would tell LIS if Plaintiff does
Intend to ;acate.
Melissa Lackey
Attorney Ad;isor
Mail Stop 5311
Phone: 202 513.0733 Fax: 202 208-3877
This e-mail (including any and all attachments) is intended for the use of the indi;idual or entity to which it is
addressed. It may contain information that is pri;ileged, confidential or otherwiso protected by applicable
law. If you are not the intended recipient or the employee or agent responsible for delil,llry of this e-mail to
the intended recipient. you are hereby notified that any dissemination, distribution, copying or use of this e-
mail or its contents is strictly prohibited. If you receil,lld this e-mail in error, please notify the sender
Sue Waldron
National Park se,.,;ce
(202) 208-3046
Visit LIS at www.nps.gov
The National Park se,.,;ce cares for special places sa'-"ld by tho American people so that all may experience
our heritage.
U p:s: I Im all. corn/ ni Clil/b/ 15':?./u/O/ ?ul 1.1f 534 /6 66\1411. v lew=pt&cal =Jack's Boat ho us c&s Ocirc , , 213
IN"fERIOR Muil - Ro: Jrn'.:k':; Canoes & K1.1y lilKS, L.LC V, NP$, i;it, all.
Sue Waldron
Assistant Director,
Natiorial Park Ser\ice
(202) 208"3046
The National Park Ser\ico cmos for special places sawd by the Arnerican people so that all rnay experience our
heritage.
t t ps: 11 m al!. google, oom I mal!fb/ 1 !>2/ u/O/?u 1=2&ik =f 5:34 rt18664&.v lewn1pt &c (ll =Jack's Bm1thou:>u&::o<1rc . .. 3/3
11;),!JHf.'I Mall" Re: Jack's Canoes & Kayal<:s, LLC V. NP$, et. 8!1 .

'

Barry Roth <bany.roth@sol.doi.gov.> Thu, Mm 28, 2013 at 7:06 PM
To: Su0_Waldron@nps.gov, ste;e_whitesell@nps.gov, molissa.lackey@sol.doi.gov
Cc: Jeffrey_Olson@nps.gov, Sue_Waldron@g-nps.doi.gov, tara_morrison@nps.gov, Ste;e_LeBel@nps.gov,
robert. eaton@sol. doi. gov
I think this is ok buy we should run by AUSA in the morning. Key is not to discuss ongoing litigation which I
don't think you are.
from: Waldron, Suzanne [mallto:sue __ waldron@nps.gov]
Sent: Thursday, March 28, 20J.3 03:56 PM
To: Whitesell, Steve <steve .... whitesell@nps.gov>; Melissa Lackey <mclissa.lackey@sol.cloi.gov>; Barry Roth
CC: Jeffrey Olson <Jeffrey_Olson@nps.gov>; Suzanne Waldron <Sue_Waldron@g-nps.doi.gov>; Tara Morrison
<l:<m1_morrison@nps.gov>; Steve LeBel <Sl:eve_LeBel@nps.gov>
see how this statement works ... slimmed it down a bit ... will keep in back pocket for incoming calls tonight -
be april 8?? or will the concessioner requires a couple of days to set up?
On Thu, Mar 28, 2013 at 5:50 PM, Whitesell, Ste'-'3 <ste;e __ whitGsell@nps.gov.> wrote:
Jeff and Sue
Attached please find my revised statement (the last file) as well as the court's two decisions. I didn't know if
decide the whole issue related to our proposed dismissal is moot if Simkin lea\es quietly.
Let me know if I can answer any questions. I understand you will either issue this as a statement or hold it
pending calls from the press (assuming they care).
--- Forwarded message ----------
From: Lackey, Melissa <rnelissa.iackey@soi.doi.gov.>
Dato: Thu, Mar 28, 2013 at 3:32 PM
Subject; Jack's Canoes & Kayaks, LLC V. NPS, et. all.
To: Margaret O'Dell <peggy_o'dell@nps.gov.>, Maureen Foster <maureen . ..fostor@nps.gov.>, Ste;e Whitesell
<stel>i'l._WhiteseiJ@nps.goV>, Lisa Mendelson <lisa _mendeison-ielrnini@nps.gov.>, Tara Morrison
<tara_morrison@nps.f)Ov.>, Ste'-'3 LeBel <ste;e __ iebol@nps.gov.>
Attached for your re\iew are the Court's Order denying the Plaintifl's Motion for a Ternporaiy Restraining Order
and granting OC's Motion to Dismiss the claims against it. The Court did not grant the NPS' Motion to
Oisrniss, indicating that it would decid0 that matter at a later dat0.
Although I cannot fully explain the Court's hesitation on that score, a review of the 36-page order suggests that
it may be waiting to see what happens on April 7 (i.e., will the Plaintiff vacate the property \Oluntarily or not),
because the Court considers that the Plaintiffs allegations about "self-help eviction" are not yet ripe. If the
ttps 5347G(IGE:l4&v 112
IN'ft:;;:HJQR Mall - Re: Jack's Canoes & Kayaks, LLC V. NPS, ot.
Plaintiff wluntarily vacates the property (as Steve LeBel's earlier email about the owrnight removal of boats
from the property might suggest), the Court could decide that the case would then be moot and dismiss it on
that ground. If the Plaintiff does hold over, the NPS could treat it as a trespasser and remove it forcibly or it
could seek an order of e-.;ction at that point (which could create an ad"'rse precedent, which I would be hiOIPPY
to discuss further).
In the meantime, I will ask the AUSA to call Plaintiffs counsel to see If he would tell us if Plaintiff does intend
to Vdcate.
Melissa Lackey
Attorney Ad\isor
Mail Stop 5311
Phone: 202 513.0733 Fax: 202 208-3877
addressed. It may contain information that is pri\ileged, confidential or otherwise protected by applicable law.
If you are not the intended recipient or the employee or agent responsible for delivery of this e-mail to the
Intended recipient, you are hereby notified that any dissemination, distribution, copying or use of this e-mail or
its contents is strictly prohibited. If you received this e-mail in error, please notify the sender immediately and
destroy all copies.
Sue Waldron
(202) 208-3046
Visit cis at www.nps.gov
The National Park Ser\ice cares for special placos sawd by tl1e American people so that all may experience our
horitage.
llp::i :// 1. com/ m <1111b/1 ?ul=2&ik =f 534 768664&v loW=pt& C<.11 .nc k's Elo:;it ho us e&a earch= ... 112
P211Hl!l INTERIOR Muil - R(:J: C<lnoes & Ki:iyak!:I, L.,LC V. NPS, al. all.

Ell
Jc nnlfer Anze Imo-Sarles <jermy _anzelmo-sarles@nps.gov.>
To: "Whitesell, Ste"'" <ste"3_,whltesell@nps.gov.>
Ooof... Thanks for sharing!
Sent from my iPhone
On Mar 28, 2013, at 3:50 PM, "Whitesell, Ste"'" <ste'A\.whitosell@nps.gov.> wrote:
Jeff and Sue
Thu, Mar 28, 2013 at 6:33 PM
Attached pl0as0 find my rel.ised statement (the l<1st file) as well as the court's two decisions. I
didn't know if you had seen them and the accompanying note from Melissa Lackey explaining that
the court may simply decide the whole issue related to our proposed dismissal is moot if Simkin
lea"'s qulotly.
Let me know if I can answer any questions. I understand you will either issue this as a statement
or hold it pending calls from the press (assuming they care).
---- Forwarded message ----
From: Lackey, Melissa <mcllssa.lackey@sol.doi.gov.>
To: Margaret O'Dell <peggY .. o'dell@nps.gov.>, Maireen Foster <rnaureen_foster@nps.gov.>, Sto\l'.l
Whitesell <stelk,_whitesell@nps.gov.>, Lisa Mendelson <lisa __ mendelson-ielmini@nps.gov.>, Tara
Morrison <tar<t.rnorrison@nps.gov.>, Stew LeBel <stew __ lebel@nps.gov.>
Attached for your rel.iew are the Col1rt's Order denying the Plaintiffs Motion for a Temporaiy
Restraining Order and granting DC's Motion to Dismiss the claims against it. The Court did not
grant the NPS' Motion to Dismiss, indicating that it would decide that matter at a later date.
Although I cannot fully explain the Court's hesitation on that score, a rel.iew of the 36-pago order
suggests that it may be waiting to see what happens on April 7 (i.e., will the Plaintiff vacate the
property \l'.lluntarily or not), because the Court considers that the Plaintiffs allegations about "self-
help el.iction" are not yet ripe. If the Plaintiff \{)luntarily vacates the property (as Ste\l'.l LeBel's
earlier email about the O\l'.lrnight removal of boats from the property might suggest), the Court could
decide that the case would then be moot and dismiss it on that ground. If the Plaintiff does hold
o\l'.lr, the NPS could treat It as a trespasser and remo\e it forcibly or it could seek an order of
el.iction at that point (which could create an ad\llrse precedent, which I would be happy to discuss
further).
In the meantime, I will ask the AUSA to call Plaintiffs counsel to see If he would tell us if Plaintiff
does intend to "3cate.
Melissa Lackey
Attorney Ad.,;sor
l ps: I Im all. geog lo. com/ rn ail/ b/ 1 ?ul;;:.2&ik =f .034 768664& v at ;;J f.IC k's Boathouso&suarc h , ,
INlGH!OR Mf.111- Re: Jack's Canoes & K<:iyaks, LLC V. NPS, ct. t1ll.
Mail Stop 5311
Phone: 202 5130733 Fax: 202 208-3877
This e-mail (including any and all attachments) is intended for the use of the individual or ontity to
which it is addressed. It may contain information that is privileged, confidential or otheiwise
protected by applicable law. If you are not the intended recipient or tho employee or agent
res pons Ible for deli'-"llY of this e-mail to the intended rocipient. you are hereby notified that any
dissemination, distribution, copying or uso of this e-mail or its contents is strictly prohibited. If you
receiwd this e-mail in error, please notify the sender immediately and destroy all copies.
<Jack's Canoes Memorandum Opinion.pd!>
<Jack's Canoes Order Denying TRO.pdl>
<Statement draft JO 3.28.13.docx>
It p:s: // m <:iii. google. com/ ffi<'.1!1/b/ 152./ u/O/? u 1.1f &v lew:;:pt&c at =Jae k's BOcilt\OLISO&s earc h , ,
128/11\ DEPARTMENT OF lHE INTERIOR Mall - R/.:.1'. Jatk':; bO<ll

.
Re: Jack's boat house
Morrison, Tara <tara_morrison@nps,goV> Thu, Mar 28, 2013 at 5:23 PM
To: "Whitesell, Steve" <steve_whitesell@nps.goV>
ok, thanks and sorry for any confusion.
On Thu, Mar 28, 2013 at 5:21 PM, Whitesell, Steve <stcvo,,.whitosoll@nps.goV> wrote:
Tara
Jeff is preparing a quick statement which he will run by me. For now we're keeping JM um out of it.
On Thu, Mar 28, 2013 at 5:05 PM, Morrison, Tara <tara_morrison@nps.goV> wrote:
I just remembered a bit more from the update I received from Jenny ... that perhaps J. Mummart was going to
assist?
On Thu, Mar 28, 2013 at 5:03 PM, Johnson, Carol <carol_lJjohnson@nps.goV> wrote:
--Forwarded message ---
From: Olson, Jeffrey <joffrcy_olson@nps.goV>
Subject: Jack's boat house
To: Carol Johnson -<carol,,.,bjohnson@nps .goV>
Are you doing anything on Jack's boat house?
Jeffrey G. Olson
1849 C Street NW
www.nps.gov
' --
Officer
Park
Nationf.11 M<il! <'.Ind Parks
tips;// mail, com/ rn ail/bl 152/u/O/ 534 ?6 0664 S.v iew=pt&cat =J atk' s BO<.ltllOUSo&so<1rc h
02
, , ,
1/2
128/11\ DEPARTMENT OF lHE INTERIOR M<.111 .. boat hO\J/li;l
900 Ohio Drive. SW
D,C, 2002'1
Phonti: 202-2115-4700
Tara D. Morrison
Superintendent
Rock Creek Park
202-895-6004
Tara D. Morrison
Superintendent
Rock Creek Park
202-895-6004
ttps: //mall. googlo. com/ rn<."111/ bl S.lk =f 534 708664& v law=pt &c <it
1
$ Boal ho us e&s ..
IW/14 DEPARTMENT OF Tl-IE Mi:\ll Jaok's
Jack's
Olson, Jeffrey <jeffrey_olson@nps.gov> Thu, Mar 28, 2013 at 5:21 PM
To: St0"'1 Whitesell <steve_whitesell@nps.gov>, Steve LeBel <Ste"'1_LoBel@nps.gov>
Amazing how little I know about this. Your help will be appreciated.
Jeffrey G. Olson
Nation<JI P>Jrk Ser\hce
1849 C Street NW
ornce direct: 202208-4988
www.nps.gov
draft JO 3.28.13.docx
14K
ttps :/Im 1:111. goog!o. com/ ffi(ll 11b/1 1J2/ u/Ol?ul =2&1k =r 534 7G8864&v low1!Jpt&cat ;;
1
J ac k's Baathou.s e&:> 0circti=. , .
Draft March 28, 2013, at 5:.18 p.m.
Statement on Jack's Boathouse
Background:
The court on March 28, 2013, denied the motion for an injunction.
The court dismissed the Distrct as a party.
The court will address NPS motion to dismiss at a later date.
NPS will move forward with concessioner B&G Outdoor Recreation, Inc.
Paul Simkin has until April 7 to vacate.
B&G Outdoor Recreation, Inc., will move in April 8
B&G opens for the season on ..... ..
For people storing boats at the property, B&G personnel will be on hand to write new contracts
and will welcome new customers.
B&G Outdoor Recreation, Inc., is also known as Boating in Boston, headquartered in Hopkinton,
Mass. They operate six kayak, canoe, pedal boat and rowboat rental locations in the Greater
Boston area, including three at Massachusetts state parks.
l'E62'1f11lHE INTERIOR M<ill C<1rioas LLC V. NPS, ot. all.

Ea
Jack's Canoes & Kayaks, LLC V. NPS, et. all.
Lackey, Melissa <melissa.lackey@sol.doi.gmr.> Thu, Mar 28, 2013 at 3:32 PM
To: Margaret O'Dell <peggy_o'dell@nps.gov.>, Maureen Foster <maureen_foster@nps.gov.>, Ste'-13 Whitesell
<ste...,_whitesell@nps.gov.>, Lisa Mendelson <lisa_mendelson-ielmini@nps.gov.>, Tara Morrison
-<tara_morrison@nps.gov.>, Ste'.<l LeBol <ste"3_lebel@nps.gov.>
Attached for your relAew are the Court's Order denying the Plaintiffs Motion for a Temporary Restraining Order
and granting DC's Motion to Dismiss the claims against It. The Court did not grant the NPS' Motion to Dismiss,
indicating that it would decide that matter at a later date.
Although I cannot fully explain the Court's hesitation on that score. a relAew of the 36-page order suggests that It
may be waiting to see what happens on April 7 (i.e .. will the Plaintiff vacate the property wluntarily or not).
because the Court considers that the Plaintiffs allegations about "self-help elAction" are not yet ripe. If the Plaintiff
wluntarily vacates the property (as Ste'-13 Le Bel's earlier email about the 0"3rnight removal of boats from the
property might suggest), the Court could decide that the case would then be moot and dismiss it on that ground.
If the Plaintiff does hold o"3r, the NPS could treat it as a trespasser and remo\13 it forcibly or it could seek an
order of elAction at that point (which could create an ad'.<lrse precedent, which I would be happy to discuss
further),
In the meantime, I will ask the AUSA to call Plaintiffs counsel to see if he would tell us If Plaintiff does intend to
vacate.
Melissa Lackey
Attorney AdlAsor
U.S. Department of the Interior, Office of the Solicitor
1849 C Streat NW, Room 5323
Mail Stop 5311
Phone: 202 513-0733 Fax: 202 208-3877
This e-mail (including any and all attachments) is Intended for the use of the lndllAdual or entity to which It Is
addressed. It may contain information that Is prilAleged, confidential or otherwise protected by applicable law. If
you are not the intended recipient or the employee or agent responsible for deli'.<lry of this e-mail to the intended
is strictly prohibited. If you recei""d this e-mail in error, please notify the sender immediately and destroy all
copies.
2 attachments
t9 Jack's Canoes Memorandum Opinion.pdf
203K
t9 Jack's Canoes Order Denying TRO.pdf
22K
111
U N I T l ~ STATES DISTRICT COURT
FOR Tlrn DISTRICT OF COLUMHlA
.JACK'S CANOES & KAYAKS, LLC,
Plain ti ff,
v.
NATIONAL PARK FOUNDATION, nod
THE DISTRICT OF COLUMB.IA,
De fondants.
Civil Action No. 13"00130 (CKK)
MEMORANDUM OPINION
(March 28, 2013)
Plaintiff Jack's Canoes & Kayaks, LLC ("Plaintiff') filed suit against the National Park
("District") relating to purportedly illegal attempts by the NI'S and NPF (together the "Park
Dcfondants") to terminate <I lease under which Plaintiff cbims to have been a tenant since April
2007. See Comp!., ECF No. [1]. Presently before the Court is Plaintiffs [12] Motion for
Temporary Restraining Order and Prcliminaiy Injunction. In brief; Plaintiff seeks an order
barring the Park Dcfondants from taking any actions that interfere in any manner with the
continuing open1tion of Plaintiffs boathouse business, including seeking or threatening to
terminate the lease to which Pl;1intifT claims to be a party or evicting Plaintiff without a Court
Order following a final judgment on whether the NPF and/or the NPS h;1Ve the power and
1
Also pending bclbrc the Court are the District's [19] Motion to Dismiss
and the Park Defondants' [22] Motion to Dismiss, both of which were filed subsequent to the
1
Plaintiffs Motion seeks preliminary injunctive relief against only the Purk Defendants. It docs
not purport to seek preliminary injunctive relief ugainst the District directly.
filing of Plaintifl's motion for temporary and injunctive relief and in accordance with the
Upon considcri1ti<m of the pleadings and accompanying cxhibits,
2
the relevant legal
authorities, and the record as a whole, the Court finds that temporary or preliminary injunctive
relief is not warranted on the present record. Accordingly, Plaintil'Fs [ 12] Motion for Temporary
Rcstn1ining Order and Preliminary Injunction is DENIED. Further, because Plaintiff lacks
constitutional standing with respect to one or its requests for declaratory judgment ag<1inst the
District, and is barred by the applicable statute of limitations from asserting the entirety of its
request for declaratory relief against the District, the Court shall GRANT the District's [ 191
Motion to Dismiss. The Court shall ;1ddress the Park Dcfondants' [22] Motion to Dismiss by
separate order at a later time.
I. HACKGROUND
Unless otherwise indicated, all facts set frirth herein arc taken from Plaintiffs Complaint
and arc presumed true for purposes of the Court's consideration of the instant motions. As of
z While the Court renders its decision on the entire record bclorc it, its c<msideration has focused
on the following documents: Comp!., ECF No. [I]; Pl's Mot. for Tempon1ry Restraining Order
and Preliminary Injunction & Mcm. of I'. & A. in Supp. of Mot. ("PI. 's Mem."), ECF No. [ 12];
Pl.'s Aff. in Supp. of Mot. for Temporary Restraining Order ;md Preliminary Injunction ("Pl.'s
AIT."), ECF No. [ 12-3]; Def. District of Columbia's Mot. to Dismiss & Mcm. of P. & A. in
Supp. of Mot. ("District's Mem."), ECF No. [ 19]; Dd's' NPS & NPF's Opp'n to Pl.'s Mot. lbr
Tempornry Restraining Order and Preliminary lnjuncti<m & Mot. to Dismiss ("Park Defs'
Opp'n"), ECF No. [21]; Pl.'s Opp'n to District of Columbia's Mot. to Dismiss ("l'l.'s Opp'n"),
r:CF No. [23]; Pl.'s Mem. of P. & A. in Reply to NPS & NPF's Opp'n to Pl.'s Mot. lor
Temporary Restraining Order and Prcliminiuy Injunction and in Opp'n to their Mot. to Dismiss
Pl.'s Complaint ("Pl.'s Reply"), ECF No. J24]; Pets' NI'S & NPF's Reply in Supp. of Mot. to
Dismiss Pl.'s Complaint ("Park Dcfa' Reply"), ECF No. [26]; Def. District of Columbia's Reply
in Further Supp. or Mol. to Dismiss ("District's Reply"), ECF No. [27]. In an exercise of its
assistance in rendering a decision. See LCvR 7(f).
2
operated a boathouse business offering canoe and kayak rentals, tours, storngc, and other related
services at 3500 K St. N,W., Washington, D.C. Comp!. ilif 9, 17, 30. Plaintiff's operations occur
on two acljaccnt parcels of land on the Georgetown Waterfront: Lot 806 (which Plaintiff owns)
and Lot 805 (which is owned by the District but managed by NI'S pursuant to a transfer of
administrntive jurisdiction over several acres of land that constitute the Georgetown Wutcrfront
Purk). See Comp I. ilif 9, 12, 23-28. Plaintiff contests the v<1lidity of the District's transfer to NI'S
or administrative jurisdiction over Lot 805. See generally id.
By way or background, Plaintiff succeeded irn individual by the name of Frank Baxter in
the ownership und operation of the business that wus started by Frank Baxter's mother and
fothcr, John and Norma Baxter, in 1945. Id. ii 19. In 1973, as part of a compromise with the
<1greed to buy Lot 805 from John and Norma Baxter and to lease it back to them so that they
could continue to own and operate the boathouse. Id. ii 20. On August 28, l 973, John and
Norma Baxter deeded Lot 805 in fee simple to the District for $244, 160.00. Id. ii 21. On
October I, 1973, the District and the Baxtcrs entered into a lease with respect to Lot 805 (the
"Lease"). Id. & Pl.'s Mem., Ex. 4 (Lease).
ternporary lease of the hereinafter described premises" by the Baxters for boat rentals and related
uctivities, states in pertinent part: "[T]he District does hereby grant unto the Lessee, use and
occupancy of [Lot 805], commencing October l, 1973 und continuing thereaflcr from month to
month for sum of $275.00 ($275.00) per month[.]" Pt.'s Mem., Ex. 4 (Lease), at I. Beginning
April I, 1982, the monthly payment amount increased to $356.00 pursu;mt to a letter amendment
to the Lease sent by the District and countersigned by John and Norma Baxter. Id. ut 5.
3
On September I 0, 1985, the District of Columbia Council passed Resolution 6-284 (the
"1985 Resolution"), which was intended to initiate the tnmsfer of administrative jurisdiction over
a number of land parcels on the Georgetown Waterfront, including Lot 805, to the NPS for the
purpose of establishing and maintaining the Georgetown Waterfront Purk. Comp!. ,124 & Pl.'s
Mem., Ex. 7 (D.C. City Council Resolution 6-284 (Sept. I 0, 1985)). The 1985 Resolution states,
in relevant parl, that ".llirisdiction over ... Lot ... 805 ... shall be transferred to the National Park
Service 5 years ;tiler the effective date of this resolution unless ... suititble sites and facilities
have not been obtained for the rclocati<m of those public works facilities now located on the
parcels of land that arc part of the Oe<irgetown Waterfront Park." Pl.'s Mem., Ex. 7 (D.C. City
(\mncil Resolution 6-284 (Sept. I 0, 1985)), at 2. The 1985 Resolution further states th<ll it is
"contingent upon an exchange of letters" between the District or Columbia Muyor and the
Regional Director of NI'S, which were to memorialize the agreement on several matters ,.,,.
including, inter a/ia, that the tnmsforred land be used only for public purk and related purposes;
that the District assign its existing leases on the land to the NPS and the NI'S dedicate all
revenues from those leases to park development; and thut NPS assume responsibility to repair
and maintain all wh;irvcs, piers, bulkheads, and similar structures located on the transferred land.
Id. i1t 3-4. The letters were also to include "conditions, including a reversion of jurisdiction to
the District ... which litlly protect the District ... in the event ... of ... an [a]mcndment or
cancellation of[a] January 7, 1985 deed [of easements] between Washington Harbour Associates
[a District of Columbia partnership], Georgetown Potomac Company, Mount Clare Properties
(D.C.) Inc., and the United States or America[.]" Id, <it 3.
A letter agreement from the NI'S dated May 18, 1987 and countersigned by the District
of Columbia Mayor on July 2, 1987 (the" 1987 Letter") set forth the parties' agreements to the
4
Case 1:13"cv00130-CKK Document 29 Filed 03/28/13 Page 5 of 36
conditions of transfor set fbrth in the 1985 Resolution. See Ex. 8 (Letter from Manus J. Fish,
NI'S Regional Director to Hon. Marion S. Barry, Mayor of the District of Columbia (May 18,
1987)). According to both the District and the Park Defendants, the actual transfor or
udministnitive jurisdiction was properly executed in 1999. See District's Mem. at 3 n.2; Park
Del's' Opp'n at 3-4. For reasons described more !lilly i11/ra Part II.A., Plaintiff contends that the
transfer process was "procedurally flawed." Sw Pl.'s Mem. at 6.
Although both the 1985 Resolution and the 1987 Letter indicate an agreement by the
District to assign the Lease to NI'S at an undetermined future date, no such di1ect <lSsignmcnt
("Assignment Agreement") assigning all or the existing District leases on the land to NPF. See
Pl.'s Mem., Ex. 19 (Assignment of Leases Agreement (March 30, 2000)). NPF is a 501(c)(3)
non-profit organization that was chartered by Congress in 1967, fbr the purpose of accepting
private gills "for tbe benefit of: or in connection with, the National Park Service, its activities, or
its services." An Act to Establish the National Park Foundation, Pub. L. No. 90-209 ( 1967). The
Assignment Agreement states, in pertinent part:
Id.
WHEREAS, one of the conditions set forth in the I" 19851 Resolution was the
assignment by the District to NI'S of existing District leases at Georgetown Park, and a
commitment by NI'S to use the lease revenues for park development and maintenance
<it the Georgetown Park; and ... because NPS has determined that revenues received by
NPS from the Lc<iscs could not be dedicated for development and maintenance of
Georgetown Park, NPS requested that the District assign the Leases to Assignee ... The
District docs hereby assign the Le(rnes to Assignee. Assignee does hereby accept the
Leases and docs unconditionally assume <Iii of the responsibilities, obligations, and
liabilities of Assignor under the Lease, including <tny and all outstanding obligations
The Assignment Agreement cites us authority the District of Columbia Council Act No.
13-252, titled the 'Transfer of Jurisdiction over Georgetown Waterfront Park for l'ublic Park and
5
Rccrcatiomtl Purposes, S.O. 84-230, Emergency Act ol" 1999," effective January 27, 2000, which
the Agreement describes as having amended the Res1ilution to authorize the District to ussign the
leases to NPF. Id. Earlier corrcspondenct between NI'S and NPF indicates that NI'S directed
NPF to accept the District's assignment of the Lease and also "accept[ed] appointment as
[NPF'sl agent for purposes or fulfilling all obligations, and pursuing all rights ;rnd remedies to
the terms and provisions <Jf the Lease[], in accordance with [its] terms[.]" See Park Deis' Reply,
Ex. I (Letter from Terry R. Carlstrom, Regional Director, NI'S to .lames D. Maddy, NPF
President (Sept. 24, 1999)), ECF No. [Hi- I].
In 2007, upon Plaintiffs incorporation, Frank Baxter - successor in interest to John and
Norrn11 Baxter and an owner or the business until his dc<1th in 2009 - transforred all of his right,
title and interest in the corporation, including the lease over Lot 805, to PlaintifC See Pl. 's Mcm.
at 4 & Ex. I (Operating Agreement of fack's Canoes & Kayaks, LLC). Mr. Baxter also deeded
Lot 806 to Plaintiff on April 15, 2009, prior to his death later that yeur. Comp I. ir 22. Acc<)rding
to since its incorporation in 2007, Plaintiff has been paying rent to NPF on time und on
a monthly basis (in the amount of $356.00 per month pursuant to the Lcitse as amended by the
1982 letter agreement between the District and the Baxters). Campi ii 30. See also Park Dcfs'
Opp'n at 3. While NPF regularly cashed Plaintiff's rent checks between 2007 and August 2012,
NPF stopped cashing Plaintiff's rent checks from August 2012 through January 2013, the month
Plaintiff filed its Complaint. Id. ii 31,
As the Park Dcfondants represent in their opposition briet; sometime prior to August
2012, NPS had determined that, in keeping with its Congressional mandate, the non-motorized
boat service provided at the site operated by Plaintiff needed to be pcrlormcd tmder a
concessions contract instead ofa lease. See Park Deis' Orr'n at 2 (explaining th<it Congress has
6
Case 1:13-cv-00130CKK Document 29 Filed 03/28/13 Page 7 of 36
mandated, absent specific exceptions not applicable to this case, that "the Secretary shall utilize
concessions contracts to authorize a person, corporation, or other entity to provide
<1cc(immodations, facilities, and services to visitors to units of the National Park System.") (citing
16 U.S.C. 5952). Indeed, <>Ccording to Plaintitl; in August 2012, NI'S sent to Plaintiff a drafl
concessions contract for continued operation of its boathouse business, Com pl. ii 32, but ceased
communications with Plaintiff on the subject of a concessions contn1ct in October 2012, and no
agreement was reached, id. if 33.
"notice ... to terminate its \)ccupancy of the leased premises. , , , [am.I to] vacate the property on
or before 11 :59 p.m. on January 31, 2013, and remove all personal property from the premises."
Campi. if 34 & Pl.'s Mem., Ex. 11 (Letter from Stephen I.:. Whitesell, NPS Regional Director to
Paul Simkin, Owner of Jack's Canoes and Kayaks, LLC (Dec. 18, 2012)). A NPF representative
signed the letter in concurrence, in its capacity us the successor lessor under the Lease. See Pl. 's
of Jack's Canoes und Kayaks, LLC (Dec. 18, 2012)). One week litter, in a December 24, 2012
email, the NPS Director notified Plaintiff that, due to public concern about the future of the
boathouse, NPS h<1d decided to withhold further action on the termination of the Lease until NPS
could conduct a more thorough review <md determine the best course of action. Comp!. if 35.
On January 18, 2013, NPS issued a letter to Plitintifl: withdrawing its December l 8, 2012
letter and informing Plaintiff that tho NPS intended to terminate the Lease upon execution of a
concessions contract by the end of Febru<1ry 2013. Id. 'If 36 & Pl.'s Mcm., Ex. 13 (Letter from
Stephen E. Whitesell, NI'S Regional Director to Paul Simkin, Owner of Jack's Canoes and
Kayaks, LLC (Jan. 18, 2013)). The letter again indic<11cd NPF's concurrence with this decision.
7
Pl. 's Mcm., Ex. 13 (Letter from Stephen E. Whitesell, NI'S Regional Director to Paul Simkin,
Owner of Jack's Canoes and Kaynks, LLC (Jan. 18, 2013)). The letter frirther notified Plaintiff
that on that same date, January 18, 2013, NI'S was releasing a Request for Qualifications (RFQ)
for non-motorized boat rental and storage services at or near the location of Pli1intiff's present
operation. Id. The letter indicated that NI'S would evaluate all resp1msive proposals, including
l'laintitrs should it wish to submit one, in a fair and consistent fashion. Id. The deadline to
respond to the RFQ was February 6, 2013. Id. As the parties later represented to the Court
during a February 19, 2013 on-the-record telephone conference, Plaintiff chose not to submit a
On January 31, 2013 thirteen days after the Park Defondants issued the lease
termination letter Plaintiff filed its Complaint in this matter. See Comp!. The Complaint
asserts the following five counts: (i) Declaratory Judgment (against the Park Dcfondants and the
District); (ii) Temporary, Preliminary, and Permanent Injunctive Relief (ag<1inst the Park
Dcfond;mts); (iii) Intentional Interference with Business Relations (against NPF); (iv)
Conspiracy to Carry Out an Unlawful Eviction and lntcrfore with Plaintift's Business Relations
(<tgainst NPF); and (v) Negligent Interference with Business Relutions (against NPF). See id.
On Fcbmary 18, 2013 - seventeen days idler Plaintiff filed its Complaint and exactly one
month aflcr the Park Defendants issued the lease termination letter Plaintiff filed the motion for
temporary restraining order and prclimim1ry injunction presently before the Court. See Pl. 's Mot.
The (\1urt held a telephonic st<llus conforence with the parties on February 19, 2013, during
which the Park Dcfondants indicated their agreement not to take <my action against Plaintiff in
connection with its asserted leasehold interest until after March 31, 2013. See Min. Order (Feb.
8
19, 2013). The Court ordered the parties to jointly propose a briefing schedule and subsequently
granted the schedule requested.) See id.
II. DISTRICT'S MOTION TO DISMISS
Becnuse the District's motion t() dismiss directly challenges Pl<iintiffs constitutional
standing to pursue what <ippears to the Court to be its primary avenue of relief in this matter, the
Court shall address this threshold issue first.
Count One of Plaintiffs Complaint, the only count to which the District is a party, seeks
declarations under this count - specifically that: (a) Plaintiff is u lessee under the Lease; (b) The
Lease was never effectively assigned to NPF, and NI'S is not a party to the Lease; (c)
Jurisdiction for administration und maintenance over Lot 805 was never effoctively transferred
by the District of Columbia to NPS, or, if it wus, such jurisdiction has reverted to the District of
Columbia; (d) The NI'S and NPF decision to terminate the Lease und evict Plaintiff in order for
NI'S to grunt u c<mcessions contract arc not permitted by any District of Columbia assignment,
resolution, act, letter, or authority; and (c) Neither the NPF nor the NI'S have the power or
authority to terminate the Lease. See Com pl. at 21-22.
While Plaintift's request vis-ti-vis the Park Defond<1nts br<nidly seeks to establish its
stutus and rights as a lessee under the Lease and the Park Defendants' lack of status ns a lessor
3
The Court's February 19, 2013 Minute Order liirther stated that, in agreeing to withhold action
until March 31, 2013 <ind in proposing the briefing schedule, the parties necessarily agreed, and
the Court itself determined, th<1t a ruling on Plaintiffs application for preliminary injunctive
relief beyond the twenty-one d<1y timclinc set forth in Local Civil Ruic 65.1 (d) would not
prejudice the parties. See LCvR 65. I (d) ("On request orthc moving purty ... a hearing on an
application for preliminary injunction shall be set by the court no later than 21 days after its
filing, unless the court curlier decides the motion on the pupers or mi1kcs a finding that a luter
hearing date will not prejudice the parties. The practice in this jurisdiction is to decide
9
Case 1:13"cv-00130"CKK Document 29 Filed 03/28/13 Page 10 of 36
and corresponding lack of capacity to tcrmin<1te the Lease, the crux of Plaintitrs request vis-tl-vis
the District is a more targeted challenge to the validity of the District's transfer of administrative
jurisdiction over the Georgetown Waterfront Park, including Lot 805, to NPS (which included,
as part of the larger transfer process, its assignment of all leases, including the Lease, on the
Georgetown Waterfront Park to Nl'F). See Comp!. ilif 39-57. At bottom, Plaintiff alleges that
the process by which the administnitivc jurisdiction over the Georgetown Waterfront Park was
transferred to NPS suffered from several defects such that it wits never effectively transferred,
see id. irir 39-57, or, alternatively, if it was eftectivcly transferred, a supplcment<1l deed of
casements entered into in 2005 should have triggered revision ofjurisdiction back to the District
under the terms of the 1985 Resolution and 1987 Letter, see supra Part I. Id. if44.
According to Plaintif'f; the practical upshot of the dcfoctive transfer process is that the
Park Defendants arc lefl "with no standing to evict the Plaintiff, much less negotiate <I new lease
agreement." Pl.'s Mem. at 12. In other words, the entirety of Plaintiff's case against the District
appears to be premised upon a theory that because the transfer of administrative jurisdiction was
never properly executed (and bccmise the assignment of the Lease to NPF was a part of that
broader transfer process), NPF is not actually Plaintiff's lessor. Therefore, Plaintiff contends that
neither NPF nor NI'S (i1cting for and with the concurrence of NPF), has legal cap<1city to take
any action against Pbintiff in connection with its claimed leasehold interest in Lot 805. As
aforementioned, neither the District nor the Park Defondants contest the v<didity of NPS's
administrative jurisdiction over the real property that c<mstitutcs the Georgetown Waterfront
Park. See District's Mem. at 3 n.2; Park Dcts' Opp'n at 34.
The District has moved to dismiss Count One pursuant to Federal Rule of Civil Procedure
12(b)( I) for lack of wbject matter jurisdiction, on the ground that Plain ti ff l<tcks constitutional
10
stnnding to request it declaratory judgment invuliduting the transfor of jurisdiction from the
District to NPS (which, as the District contends, would cffoctivcly require the District to retake
4
See District's Mem. ut 3. The District forthcr argues that even
if Plaintiff did have standing to assert this request for declaratory relief, the Court must dismiss
Count One insofar us it is asserted against it under Ruic l 2(b)(6) because it is time-barred by the
applicable statute of limitations. The Court shall address both arguments below.
A. Standing
Article lll of the Constitution limits the authority of federal courts to the resolution of
"Cases" and "Controversies." U.S. Const. art. Ill, 2. "This limitation is no mere formality: it
Federal Government is founded."' Dominguez v. UAL Corp., 666 F.3d 1359, 1361 (D.C. Cir.
2012) (quoting Allen v. Wright, 468 U.S. 737, 750, l 04 S. Ct. 3315, 82 L. Ed. 2d 556 (1984)).
"The Court begins with the presumption that it docs not have subject mutter jurisdicti(ln over a
case." Kokkonen v. Guardian Life Ins. Co. ofAm., 511 U.S. 375, 377, 114 S. Ct. 1673, 128 L.
Ed.2d 391 ( 1994).
In order to survive a motion to dismiss pursuant to Ruic 12(b)(l), the plaintiff bears the
burden of establishing that the court has subject matter jurisdiction. Moms Against Mercury v.
FfJA, 483 F.3d 824, 828 (D.C. Cir. 2007). In determining whether there is jurisdiction, the Court
may "consider the complitint supplemented by undisputed facts evidenced in the record, or the
4
lhe District also argues that Plaintiff lacks prudcntii1l standing to seek the requested declaratory
relict'. However, because the Court finds thut dismissitl of this action against the District is
required, in part, on grounds of a lack of constitutional standing, and in its entirety on grounds of
the applicable statute of limitations, the Court need not address the District's i1rgumcnts
II
filr Underground Expansion v. Mineta, 333 F.3d 193, 198 (D.C. Cir. 2003) (citations omitted).
"At the motion to dismiss stage, counseled complaints, as well as prose complaints, are to be
construed with sufficient liberality to afford all possible inforcnccs favorable to the pleader on
allcgutions of fact." Settles v. U.S. Parole Comm 'n, 429 F.3d I 098, 1106 (D.C. Cir. 2005).
"Although a court must accept as true all factual allegations contained in the compl<1int when
reviewing a motion to dismiss pursuant to Ruic 12(b)(l)," the factual allegations in the complaint
"will bear closer scrutiny in resolving a I 2(b)( I) motion than ln resolving a l 2(b)(6) motion for
failure to state a claim." Wright v. Foreign Serv. Grievance Bd., 503 F. Supp. 2d 163, 170
(D.D.C. 2007) (internal ciMions and quotation murks omitted).
To establish the jurisdictional prerequisite of constituti<mal standing, Plaintiff must first
show that it has suffered an "injury in fact," that is, the violation of a legally protected interest
that is "(a) concrete and particularized; and (b) actual or imminent, not conjectural or
hypothetical." L14an v. Defenders <!l Wildlife, 504 U.S. 555, 560, 112 S. Ct. 2130, 119 L. Ed. 2d
351 ( 1992) (citations and internal qu<it<ltions omitted). Second, "there must be a causal
connection between the injury and the conduct complained of." Id. Stated difforently, the injury
must be "fairly traceable to the defendant's allegedly unlawfol conduct." Allen, 468 U.S. at 751.
Third, it must be "likely" th<1t the injury would be ''redressed by a favorable decision." l11jan,
504 U.S. at 560 (quoting Simon v. E. Ky. We[fare Rights Org., 426 U.S. 26, 41-42, 96 S. Ct.
1917, 48 L. Ed. 2d 450 ( 1976)).
Before <tpplying this rubric to the cuse at hand, the Court pauses to make a prclirninary
observation about the wocfol inadequucy of Plaintiff"s briefing in opposition to the District's
st<mding arguments. It is axiomatic that the "party invoking fodcral jurisdiction bears the burden
of establishing the[ I clements" or constitutional standing. L11jan, 504 U.S. at 561. Since these
12
elements "arc not mere pleading requirements but rather an indispensable part of the plitintitrs
case, each clement must he supported in the same way as any other nnltter on which the plaintiff
bears the burden \>f proolT.]" Id. To be sure, at the pleading stage, general factual allegations of
injury resulting from the defendant's conduct will suffice. Id. However, for reasons discussed
fully below, the Court finds that Plaintiffs Complaint fails to show how the District's
(purportedly flawed) trnnsfcr of jurisdiction caused Plaintiff the harm alleged. Plaintiff's
In its motion to dismiss, the District unambigtwusly argued that Count One foils to satisfy
the requirements of constitutional standing, paiticularly causution ;tnd redrcssability. See
District's Mem. itt 5. In response, Plaintiff devotes four pages of its opposition brief to standing,
702 (the "Federal APA"), and, in one case, the Metropolitan Washington Airports Act of 1986,
codified as amended at 49 U.S.C. 101-112 (which, as Plaintiff explains, the C()urt analogized
to the Federal APA). See Pl.'s Opp'n at 4-7. Beyond a conclusory single-sentence assertion that
Plaintiff possesses standing, Plaintiff makes not one mention to its own cnse, neglecting to apply
the cited case law or to discuss or even reference the facts or circumstances at hand.
Plaintiff has therefore brazenly Jell the District and the Court alike to guess as to its
theory of standing vi.NI-vis the District. As the District correctly observes in its reply
jurisdiction ---specifically, the Federal APA ;md Metropolitan Washington Airports Act of 1986-
th<lt arc neither mentioned in the Complaint nor generally applicable to lawsuits against the
13
Case 1:13-cv"00130-CKK Document 29 Filed 03/28/13 Page 14 of 36
would be amenable to suit under either provision. See Walker v. Washington, 627 F.2d 541, 544
(D.C. Cir. 1980) (pl<iintiff could not assert claims against District pursuant to the Federal APA).
Further, even if Plaintiff had identified a statutory b<isis on which to ground its challenge to the
transfer process, it is well-established that statutorily conferred standing does not circumvent the
need to establish constitutional standing. See Am. Legal Found. v_ l':C.C., 808 F.2d 84, 89 (D.C.
Cir. 1987) ("Congress cannot statutorily remove or diminish the constitutional limits <m which
standing is based.").
With that said, the Court shall now proceed to the merits or the District's standing
arguments. Fairly read, Count One asserts two separate (albeit related) requests f<.Jr dcdaratory
relief applicable to the District. First, Plaintiff requests a dccliinition that the District "never
effectively transferred" administrative jurisdiction to NPS, (Jr if it did, that such jurisdiction has
since reverted to the District. See Comp!. at 21, ii l(c). Second, Count One requests a
declaration that the District "never effectively assigned" the Lease to NPF. Id. at ii I (b ).
Court shall separately consider Plaintiff's standing with respect to euch request. Friend1 (!{.the
Earth, Inc. v. Laidlaw Environmental Serv8., Inc., 528 U.S. 167, 185, 120 S. Ct. 693, 528 U.S.
167 (2000)).
1. Transfer of Administrative .Jurisdiction to NPS
The only injury alleged by Plaintiff --- both in its Complaint <ind other submissions -
relates to the purported destruction or its business interests, including its alleged interest in the
Lease. See generally Comp!.; Pl. 's Aff. Plaintiff's submissions also unequivocally allege that
such injury has arisen from the purportedly wrongful conduct of NPS and/or NPF, beginning no
cmlicr than August 2012, in connection with NI'S and/or NPF's ongoing efforts to terminate the
14
Lease <tnd remove Plaintiff from Lot 805. Id. The District argues th.it even ussuming arguendo
that the harm to Plaintiff's business interests constitutes legally cognizable injury-in-fact for
purposes of standing analysis, Plaintiff h<ts not and could not demonstrate that any such harm is
"fairly traceable" to the District's transfor of jurisdiction over the property at issue, or that it
would be redressed by a decision to declare the District's transfer of administnitivc jurisdiction
invalid. District's Mem. at 6. The Court agrees.
"Although they often overlap, the causation and redressability requirements arc
theoretically distinct." Mideast Sys. And China Civil Const. Saipan Joint Venture, Inc. v. !lode!,
792 F.2d 1172, 1176 (0.C. Cir. 1986). Causation "ki()ks at the relationship between the alleged
unl;1wfi.tl conduct and the injury[.]" Id. Rcdressability concerns "the relationship between the
injury and the requested relief." Id. (citations omitted). "This distinction is important in cases
causal nexus. In many cases, however, the two criteria are simply two facets of a single causation
requirement." Id. (citation and internal quotation marks omitted). In some cases, "it is sufficient
to treat the two elements as if they were identical." Id. The instant case is one of those cases.
Clearly, Plaintiff docs not <lllcgc that the District itself is directly liable lor the Park
Defendant's wcmpts to terminate its alleged leasehold interest. Rather, the underlying conduct
challenged by Plaintiff in Count One is the allegedly defective process by which the transfer of
executed. Specifically, Count One propounds factual allegations relating to various alleged
violations of the conditions for the transfor set forth in the 1985 Resolution, occurring between
the years of 1987 ;md 2005 ---more than one decade befi:ire the purportedly wrongful attempts by
NPF imd/or NPS to terminate its lease that gave rise to this lawsuit, and also bef(lrc Plaintiff
15
case 1:13 .. cv .. 00130-CKK Document 29 Filed 03/28/13 Page 16 of 36
alleges to have become a party to the Lease. See Com pl. ilil 39-55. While one of the (tilegcd
violations (which the Court shall address injfa Part ll.A.2) directly concerns the District's
any other interest asserted by Plaintiff
Specifici1lly, l'l;1intifftakcs issue with the following actions:
First, Plaintiff alleges that the 1985 Resolution provides that jurisdiction
shall be transferred to the NPS "5 years al\er the effective date of this
resolution unless ... suitable sites and facilities hi1ve not been obtained for
the relocation or those public works facilities now located on the parcels of
land that are part of the Georgetown Waterfront Park," and alleges albeit
vaguely .. that "ls]uch public works facilities were not relocated within five
years al\er the effective date of the 1985 Resolution. Campi. if 40.
Notubly, Plaintiff nowhere alkges thut it was harmed by the alleged failure to
relocate any public works facilities. Rather, PlaintifT merely argues that this
failure precludes the valid transfor of administrative jurisdiction over Lot 805
from ever having ti1ken place. See Pl. 's Mcm. at 12-16.
Seco11d, Plaintiff alleges that the 1985 Resolution mandated that an exchi1nge
of letters between the Mayor and the NPS provide for a requirement that the
NPS assume responsibility to "rep<tir, maintain, and protect all whi1rves,
piers, bulkheads, and similar structures that arc located on the transferred
land or in adjacent waters," but that the single 1987 Letter, in an act not
the obligation to "repair, maintain, and protect wharves, piers, bltlkheads, and
similar structures thut are the subject of leases on the transferred land or in
adjacent waters." Compl. 11il 46-47.
Again, Pli1intiff nowhere alleges that it was harmed by the alleged limitation
on the responsibility provision. Rather, Plaintiff merely argues that the
1985 Resolution precludes the valid transfer of administrative jurisdicti<m
over Lot 805 from ever having taken place. Pl.'s Mcm. at 12-16.
711ird, Plaintiff alleges that the Council conditioned appmviil of the 1985
Resolution on the ability of the exchange of letters to include "conditions,
including a reversion of jurisdiction to the District ... which folly protect the
District ... in the event ... of ... an [a]mendment or cuncellation of [a]
January 7, 1985 deed between Washington Harb<n1r Associates, Georgetown
Potomac Company, Mount Clare Properties (D.C.) Inc., and the United
States of America[.]" Comp!. ii 41. While the 1987 Letter purportedly
16
sufficiently affirmed that a material amendment to the 1985 Deed would
trigger reversion of jurisdiction to the District, id. ii 43, Pi<1inti fT alleges that a
"Supplemental Deed of Eusements dated March l, 2005" "significantly and
materially" altered casements provided for in the 1985 Deed, therefore
triggering reversion ofjurisdiction to the District, id. ii 44-45.
Once again, Plaintiff nowhere i1lleges that the supplemental deed banned its
interests. Rather, Plaintiff merely <1rgucs that even if the transfer of
jurisdiction had been properly effectuated, jurisdiction necessarily reverted to
the District in 2005. Pl.'s Mcm. at 16-17.
Even assuming, as the Court is required to do in conducting a standing analysis, thi1t the
foregoing allegations arc true, the Cou1t is hard-pressed to find that Plaintiff has constitutiorml
standing to seek a declaration inv<tlidating the transfer. For starters, Plaintiff h<1S simply not
alleged that the above specified defects themselves caused it harm. Nor docs Plaintiff appear to
be proceeding under a theory that it suffered "procedural injury" from the District's allegedly
flawed execution of the transfer. While "procedural injury" may itself constitute injury-in-fact,
Plaintiff has expressly disclaimed any intent to "independent[ly] challenge" the transfer of
jurisdiction as such; rather, it is clear that its attack on the transfer process is wedded to its core
challenge to the authority of the Park Defendants to act under the Le<1se. See Pl. 's Reply at 11.
In any event, even if Plaintiff were claiming procedural injury, "plaintiffs seek[ing] to enforce
procedural (rather than substantive) rights ... must establish that 'the procedures in question arc
designed to protect some thre<1tened concrete interest of [theirs] that is the ultimate basis of
[their] standing."' NB ex rel. Peacock v. District (!f'Columhia, 682 F.3d 77, 82 (D.C. Cir. 2012)
(quoting Lujan, 504 U.S. at 573 n. 8). Herc, Plaintiff has made no showing that the procedural
errors alleged relate in any way to its own leasehold interest.
Ruther, it is <lpparcnt from Plaintiff's submissions that the alleged procedural errors arc
Plaintiff's way of attacking the underlying validity of NPS's present-day possession of
administrative jurisdiction. The fundamental flaw in Plaintiffs approach, however, is that it has
17
Case 1:l.3CV00130-CKK Document 29 Filed 03/28/13 Page 18 of 36
failed entirely to show a sufficiently close causal nexus between the 1ra11.1jer '!f' adminislralive
jurisdiclion to NI'S and the assignment <!f'lhe Lease to NPF. More precisely, Plaintiff has made
no showing that the practical effect of a declaratory judgment invalidating the transfor of
Plaintiff makes an admittedly superb effort to conflate the two transactions in its
submissions to the Court, and the allegations in its Complaint do imply that but for the District's
broader efforts to tnmsfor administrative jurisdiction, the District would not have assigned the
I.case to NPF. Yet Plaintiff alleges no facts to even suggest that the purportedly defective
execution of the former action necessarily discredits the execution of th<: latter. As Plaintiff
alleges (<ind the record before the Court confirms), the District and the Nl'F executed the
Assignment Agreement purporting to transfor the Lease on March 30, 2000. See Comp!. 28;
Pl.'s Mcm., Ex. 19 (Lease). Plaintiff also alleges (and the record befi:ire the Court confirms) that
this assignment agreement was executed in an effort to satisfy one of the conditions set forth in
the 1985 Resolution calling for the transfer ofjurisdiction. See 25-28, 46-55; see also
Pl.'s Mem., Ex. 19 (Lease). Whether or not this condition was satisfied may certainly be
relevant to whether the transfor of jurisdiction was in fact effectuated. However, it docs not
automatically follow that a failure lo properly effectuate the transfer - which Plaintiff attributes
to a handful of technical Haws wholly unrelated to the <tssignment of the Lease - bears any
implication for the independent vtilidity of the Assignment Agreement or the corresponding
status <!f NPF as holder of the Lease. And Plaintiff has provided no alleg<ltions or explanation
lhim which the Court could plausibly in for that it does.
Nor has Plaintiff satisfied its burden to show that an order declaring the tn1nsfer of
jurisdiction ineffoctivc would alleviate its alleged injury. An order to this effect would, as a
18
technic<d m(llter, revert jurisdiction over the entire Georgetown Waterfront l'<lrk to the District.
1-Iowcvcr, for reasons explained above, there is nothing in the record indicating that such a
decl<iration would, operating alone, nullify the Assignment Agreement. While the District <tnd
for purp<rncs of consistoncy, this would nevertheless require additional action beyond the scope
of the Court's declaration. And "[c]ourts hi1ve been loath to find standing when redress depends
largely on policy decisions yet to be made by government <)fficials." U.S. Ecolo1m Inc. v. U.S.
Dep '/ oflnterior, 231 F.3d 20, 24 (D.C. Cir. 2000). See Tex. Alliance for Home Care Servs. V.
Sebelius, 811 F. Supp. 2d 76, 98 (D.D.C. 2011) ("Where, as here, overturning a particular agency
<1ction would not alter the final outcome, redressability remains unsatisfied.") (citation omitted).
Furthermore, it is well-established that "it must be 'likely,' as opposed to merely 'speculative,'
that the injury will be 'redressed by a favorable decision."' Lujan, 504 U.S. at 560-61 (quoting
Simon, 426 U.S. at 38, 43). The "likelihood" or the District and NPF taking the additional step
to re<1ssign the lcnsc to the District is slim, especially in view of the District's representations that
it equally likely - "if not more so" th(lt the District would "renew its transfer of jurisdiction!()
NI'S" or, even if the District were in fact forced to reassume status as Plaintil't's lessor, "itself
seek to terminate" Plaintiffs alleged tenancy. District's Mcm. at 7.
Because, for all of the foregoing reasons, Plaintiff has failed entirely to demonstrate
causation and redressiibility, the Court holds that Plaintiff lacks constitutional standing to request
to NI'S, or if it did, that such jurisdiction has since reverted to the District. See Comp!. at 21, ~
I (c).
19
Case 1:1.3-cv-00130-CKK Document 29 Filed 03/28/13 Page 20 of 36
2, Assignment of the Lease to Nl'.F
Count One or the Complaint also requests a dcclanition that the District "never
effectively assigned" the Lease to NPF. Comp I. at 11 I (b), Plaintiff alleges that, although the
1985 Resolution specifically required the District to ussign the Lease to NPS, the District instead
assigned the Lease to the NPF. Comp!. 111148 .. 55. While Plaintiff acknowledges the passing by
the District of Columbia Council of two Emergency Resolutions amending the 1985 Resolution
to permit NPF to "accept the ussignmcnt of leases [including the Lease.I for the [NI'S.I under the
trunstcr or jurisdiction authorized by [the 1985 Resolution_I," Plaintiff alleges th.it the
Assignment Agreement concerning its Lease was executed at a time after one of the resolutions
had expired, and before the other resolution became effective. See Compl. 1111 52-55 & Ex. 17
(Emergency Resolution (April 4, 2000)); .Ex. 18 (Emergency Resolution (December 21, 1999)).
Accordingly, Plaintiff <trgues that because the District foiled to provide for the assignment of its
Lease to NPF legislatively at the time the assignment was executed, the assignment was invalid,
SeePl.'s Mem. at 14-15.
As shall be discussed rn further detail below in the context of the Court's ruling on
Plaintiffs motion for tcmpon1ry and preliminary injunctive relief; the above allegations arc
belied by the evidence before the Court, which indicates that the assignment to NPF was in fact
legislatively authorized at the time it was executed. See ir1/ra Part Ill.A. However, because the
merits of <1 plaintiffs case must be assumed when considering standing, Vietnam Veterans 14Am.
v. Shinseki, 599 F.3d 654, 658 (D.C. Cir. 20 I 0), the Court will presume for purposes of the
present ruling on the District's motion to dismiss the truth of Plaintiff's allegations that the
Assignment Agreement both required and lacked legislative authorization. Tho Court shall
20
likewise accept as true f()r present purposes Plaintiffs allegations that it is a party to the Lease
th(tl is the subject orthc Assignment Agreement.
In view of these allegations, the Court finds that Plaintiff possesses constitutional
standing with respect to its request fbr a dccli1ration that the District "never effectively assigned"
the Lease to NPF. To be sure, the causal nexus between the District's assignment of Plaintiffs
Lease to NPF in 2000 - seven years before Plaintiff even purports to have acquired its claimed
interest in the Lc<tsC ~ n d the injury and threut to Plaintiffs business interests allegedly resulting
from the only recent conduct by the Park Defondants is not exactly direct. 1-lowcvcr, because
ultimately neither the NPF nor the NPS (acting for and with the concurrence of NPF), would
possess the legal authority to take action against Plain ti ff in connection with the Lease if the
District had never cffoctivcly assigned said Lease to the NPF, the Court finds that l%intifT has
met its burden in showing that its alleged injury is fairly traceable to the execution of the
Assignment Agreement. Plaintiff has likewise sufficiently established redressability. In contrast
to a declun1tion invalidating the broader tnmsfcr of jurisdiction, the practical and indeed
automatic effect of a declaration invalidating the assignment would be to divest the NPF li'om its
pl1rported authority to terminate the Lease.
H. Stntute of Limitations
The District has also moved to dismiss Count One, insofar as that Count is asserted
against it, on the ground that Plaintiffs claims ure time-barred under the three-year statute of
limitations provided by D.C. Code 12-301(7) and (8). See D.C. Code 12-301(7) (three-year
limitations period for actions involving "simple contract, express or implied"); id. ut (8) (three-
year limitations period for actions "for which a limitation is not otherwise specifically
prescribed"). A defendant may raise the affirmative defense of statute or limitations in a motion
21
Case 1:13cv-00130-CKK Document 29 Filed 03/28/13 Page 22 of 36
to dismiss under Federal Ruic of Civil Procedure 12(b)(6) when the facts that give rise to the
defense are evident from the face of the complaint. See Smith-Haynie v. District ~ l Columbia,
155 F.3d 575, 578 (D.C. Cir. 1998). The Court should grant a motion to dismiss only if the
complaint on its face is conclusively time-barred. kl. [fore, the face of the Complnint makes
patently clear that PluintifT is time-barred lh1m asserting both 01 its specific requests for
declaratory relief applicable to the District - specifically, declarations th<tt the District "never
effectively transferred" administrative jurisdiction to NI'S, or if it did, that such jurisdiction
reverted to the District in 2005, see Com pl. at 21, ,I I (c), and that the District "never effectively
assigned" the Lease to NPF, id. at ,I l(b).
As discussed at length above, all of the actions and omissions giving rise to Plaintilrs
attacks on b(Jth the validity of the District's tmnsfcr or administrative jurisdiction to NPS and the
District's assignment uf the Lease to NPF occurred no later than 2005. See Compl. ii 40
(purported failure to relocate public facilities within five years of the 1985 Resolution); Comp!.
,1,1 41-45 (alleged reversion of jurisdiction to the District in 2005 due to amendments to 1985
Deed of Easements); Com pl. ,1,1 46-4 7 ( 1987 Letter failed to include conditions as stated in 1985
Resolution); Comp!. ,1,1 46, 48-49, 52-55 (unauthorized assignment of Lease to NPF instead of
NPS in 2000). Accordingly, applying the three-year statute or limitations, Plaintiff was
precluded from challenging both the transfer orjurisdiction and the assignment of the Lease long
before it filed the instant Complaint.
Plaintifl's arguments to the contrary arc unavailing. First, Plaintiff argues that the six
year federal statute of limitHtions under 28 U.S.C. 240 I (a) (the "Federal Tort Claims Act" or
"FTCA") - not the three-year District of Columbia statute of limitations should apply because
the NPS (i.e., the United States) is a party to this <1ction, and also because jurisdiction in this case
22
is founded on fodcral question jurisdiction pursuant to 28 U.S.C. 1331 (und not diversity or
citizenship under 28 U.S.C. 1332). Pl. 's Opp'n at 8. Plaintiff provides no authority for the
proposition that the FTCA statute of limitations (which applies to actions against the United
States, 28 U.S.C. 240 I (it)) govcms Count I insofor as it is asserted against the District, a non-
fodcral dcfondant, and this Comt is awi1rn of none. Furthermore, the Court ugrees with the
District that Count I, insofar as it is asserted <igainst the District, may be fairly characterized as
asserting u series of contract related claims. Aside from the FTCA, Plaintiff itself prof'fors no
alternative theory, and several arguments asserted by Plaintiff in fact implicitly validate the
District's chan1cteriz<1tion. See, e.g., Pl.'s Opp'n at 9-l l (citing to cases discussing contract
principles and referring to the Defondimts' continued reliance on the trunsfor of jurisdiction and
Second, Plaintiff contends that, in declaratory judgment actions, the statute of limitations
does not begin to run until the party "becomes aware that the 'government has taken an adverse
position."' Pl.'s Opp'n ut 9 (citing Minidoka Irrigation Dist. v. D0!,154 F.3d 924, 926, n.I (9th
Cir. 1998)). Plaintiff argues that because it did n()t become aware of' the "adverse positions" of
the Defendants until 2012 and 2013, it has timely filed suit. Id. Pl<iintiff is mistaken. As the
District correctly rebuts, it is well-established in the D.C. Circuit that the "discovery rule is the
gcnerul uccnml rule in federal courts." Connors v. liallmark & Son Coal Co., 935 F.2d 336, 342
(D.C. Cir. 1991 ). Under the discovery rule, a claim for relief accrues at the time the plaintiff
discovers, or with due diligence should have discovered, the injury that is the basis of the action.
Id. Herc, there is no doubt that all of' the alleged defects with the trnnsfer to NI'S and the
assignment t() NPF took place long before 2007, when Plaintiff purportedly acquired its interest
23
Case 1:13"cv"00130-CKK Document 29 Filed 03/28/13 Page 24 of 36
the terms oftlmt Lease on April 12, 2007, the date on which it allegedly became n party thereto.
Because Plaintiff instead waited nearly six years allcr the d<1te on which it was put on inquiry
notice, any claims it may have had against the District in connection with the Lease arc three
years overdue under D.C. Code 12-30 I (7) <md (8).
Finally, Plaintiff urgues that because all of the dcfondants in this <tction continue to the
present day to rely upon the (allegedly invalid) transfor of jurisdiction and assignment of the
Lease, and their recurring unlawfol conduct continues to harm Plaintin; any applicable statute of
limit<ttions - whether it be the six-year FTCA period or the three-year period alleged by the
Dist1ict - starts anew each month. Pl.'s Opp'n at 9-11. Plaintiff's final argument is likewise
unavailing. As explained above, all of the conduct and omissions on which Plaintiff relics to
frame its challenge under Count I took place between the years of l 985 and 2005, and Plaintiff
was put on inquiry notice of the end result of such conduct- namely, the transtbr to NPS and the
assignment of the Lease to NPF in 2007. While the conflict between the Park Dcfondants and
Plaintiff giving rise to Plaintiffs present complaints is perhaps ongoing, Plaintiff has alleged no
conduct whatsoever by the District, or with respect to the trnnsfor or the assignment, that is
recurring in
For all of the foregoing masons, the Court holds that Plaintiff lacks constitutionitl
standing to request a declaratory judgment that the District "never cl'foctivcly transforred"
District. See Comp I. at 21, 11 I (c), Further, even if Plaintiff did have St<mding to bring this
request, such request would be time-barred under the three-year st<ttutc of limitations provided
by D.C. Code 12-30 I (7) and (8). Although the Court finds that, based on the present record,
Plaintiff has constitutionitl swnding to bring its remaining request for declaratory relief against
24
Case 1:13-cv-00130-CKK Document 29 Filed 03/28/1.3 Page 25 of 36
the District -- specifically, that the District "never effectively assigned" the Lc<1sc to NPF, id. at ii
l(b) this request is also time-b<1rrcd under D.C. Code 12-301(7) and (8).
Accordingly, the Court shall grant the District's motion to dismiss.
Ill. PLAINTIFF'S PRELIMINARY INJUNCTION MOTION
"The stimdard for issuance of the extraordinary and drastic remedy of <1 temporary
restraining order or <I preliminary injunction is very high." 'folson v. Stanton, 844 F. Supp. 2d 53,
56 (D.D.C. 2012) (citation omitted); see also Winter v. Natural Res. D ~ f . Council, Inc., 555 U.S.
7, 2 l, 129 S. Ct. 365, 172 L. Ed. 2d 249 (2008) (noting that a preliminary injunction is "an
extraordinary remedy" that may only be awarded upon <I clear showing that the plaintiff is
entitled to such relief). "To prevail," the plaintilT must demonstrate"( 1) a substantial likelihood
of success on the merits, (2) that it would suffer irreparable injury if the injunction is not grunted,
(3) th<1t an injunction would not substantially injure other interested parties, and (4) that the
public interest would be furthered by the injunction." CityFed Fin. Corp. v. ()jjice of Thrifl
Historically, these four factors have been evaluated on a "sliding scale" in this Circuit,
such that a stronger showing on <me foctor could make up for a weaker showing on another. See
Davenport v. Int'/ /Jhd. '!l Teamsters, AFL-CIO, 166 F.3d 356, 360-61 (D.C. Cir. 1999). The
continued viability of that approach has recently been c<tlled into some doubt, as the United
States Court of Appeals for the District of Columbia Circuit has suggested, without holding, that
a likelihood of success on the merits is an independent, free-standing requirement for a
preliminary injunction. See Sherley v. Sebelius, 644 F.3d 388, 392-93 (D.C. Cir. 2011); Davis v.
PIJGC, 571 F.3d 1288, 1292 (D.C. Cir. 2009). However, absent binding authority or clear
25
unresolved issue and proceed lo explain why a preliminary injunction in this case is not
appropriate under the "sliding scale" framcw1irk. If a plaintiff cannot meet the less demanding
"sliding scale" standard, then it certainly could not satisfy the more stringent standard alluded to
A. Likelihood of u c c e ~ s on the Merits
While Plaintiffs Complaint seeks declaratory relief <tg<tinst all defendants, injunctive
relief against the Park Defondants, and compensatory and punitive damages in connection with
its tort claims against NPF, Plaintiff's motion seeks more targeted temporary and preliminary
injunctive relief against only the Park Defendants. Specifically, Plaintiff seeks an order
restraining and enjoining the Park Defondants from "taking any fl1rther actions whatsoever th<tt
interforc in any manner with the continuing operation of Jack's Boathouse by [Plaintiff],
including without limitation, seeking or threatening to terminate the Lease or evict [Plaintiff]
without a Court Order followir.u:; a fin<tl judgment on whether the NPF and/1n the NPS have tbc
power and jurisdiction to do so." PL's Proposed Preliminary Injunction Order, ECF No. [12-2].
Accordingly, the question before the Court on Plaintiffs instant motion is whether Plaintiff is
likely to succeed on the merits of its claim that NPF and/or NI'S have no legal authority to take
action against Plaintiff in connection with its ullegcd leasehold interest.
"The first cQmponcnt of the likelihood of success on the merits prnng usually examines
whether the plaintiffs have standing in a given case." Bar/on v. District r!f' Columbia, 131 F.
Supp. 2d 236, 243 (D.D.C. 2001) (citing Steel Co. v. Citizensji>r a Better Environment, 523 U.S.
83, IOI (1998)). For reasons articulated supra Part II.A.I, the Court has already determined that
Plaintiff lacks constitutional standing to bring its claim for u declaratory judgment that the
District "never effoetivcly transferred" administrative jurisdiction to NI'S (or that if it did, such
26
jurisdicti<m has since reverted to the District), which Plaintiff asserts against all Defendants
collectively. See Com pl. at 21, ii I (c). However, all other cluims falling within the scope of
Plaintiff's instant motion specifically, its requests for declaratory judgments that Plaintiff is a
lessee under the Lease; thut the Lei1se was never effectively assigned l<l NPF and that NI'S is not
a party to the Leitsc; thnt the Park Defendants' decision to terminate the Lease is not permitted
by any District of Columbia 11ssignment, resolution, uct, letter, or authority; that neither of the
Park Defendants have the power or authority to terminate the Lease; and its request for a
permanent injunction against the Park Defendants fhJm interforing with the business operations
or or evicting Plaintiff - all appear to bear a sufficiently close caus<tl nexus (and would
theoretically remedy) the alleged injury to Plaintiffs business interests stemming from the recent
conflict with the Park Defendi1nts over its leasehold interest. For this reason, Plaintiff has more
likely than not established constitutional standing to bring those claims. See Lujan, 504 U.S. at
561 ("irreducible constitutional minimum of standing" requires "injury in fact" that is "fairly
tn1ceablo" to the ddcndant's challenged conduct and "likely" to be "redressed by a fovorablc
decision"). While the Park Defendants broadly assert in their combined opposition to Plaintiffs
motion/motion to dismiss that Pluinti ff ktcks constitutional standing to bring all of its claims, it is
evident from their reply brief submitted in connection with their motion to dismiss that their
standing argument is more accurately described as confined to Plaintiffs underlying attack on
the tmnsfor of administrative jurisdiction. See Park Deis' Reply at 3. Accordingly, the C<iurt is
satisfied, for purposes <Jf the instant request for preliminary relict: that l'laintifT more likely than
not has standing to bring its claims 11gainst the Park Defendants, save for its request for a
declaratory judgment invalidating the transfer ofjurisdiction.
27
Case 1:13CV-00130"CKK Document 29 Filed 03/28/13 Page 28 of 36
In order to succeed on the merits of tll()SC claims, Plaintiff must prove both that it is a
party to the Lease and that the Park Defendants do n(lt possess the authority to take adverse
action against him in connection with its interest in the Lease. Even assuming arguendo that
Plaintiff can establish that it docs in fact have a leasehold interest in Lot 805 - either as a
successor in interest W the Lease or under an implied monthto-month lease resulting from
Plaintiff's payment of monthly rental since 2007
5
--- the Court finds for the below reasons that
Plaintiff has failod to make a sufficient showing that it is likely to prove that NPF or NI'S (acting
for and with the c<Jncurrcnce of NPF) lack capacity to uct under the Lease, including to terminate
it.
First and foremost, Plaintitl's allegitti<rn that the Lease was never "cllcctively assigned"
to NPF is belied by the documents attached as exhibits to the parties' submissions ---- most
notably, the March 30, 2000 Assignment Agreement between the District and NPF, which
Plaintiff submitted with its moti<m and which evidences the District's full assignment of all of
the then-existing leases on the Georgetown Waterfront Park to NPF, and NPF's corresponding
"unconditional[ ] assum[ption ofJ all of the responsibilities, obligations, and liabilities of [the
District] under the t.eusc[.]" See Ex. 19 (Assignment Agreement). Additionally, the
correspondence between Nl'F <tnd NPS submitted by the Park Defondants in support of its
motion demonstrates that shortly prior to the execution of the Assignment Agreement, the NPS
directed the NPF to accept the District's <tssignmcnt of the Lease and also "ucccpt[cd]
appointment as [NPF's] agent for purposes <!f fulfilling all obligations, and pursuing all rights
------------
5
Fven this fact, however, is in dispute. See Park Defa' Opp'n at 3; see also Pl.'s Mcrn., Ex. 14
(Press Release entitled "National Park Service Invites Proposals for Georgetown Boat Rcntul"
(Jan. 18, 2013) ("The NI'S began working with Mr. Simkin[, Owner of Jack's Canoes & Kayuks,
LLC] last year to convert the operation to a concession contract, starting with a non-competitive,
shorHerm agreement, but in the process discovered th<1t the lease had never been legally
transforrcd to him, thus necessitating <l competitive process to award a contnict.").
28
and remedies to the terms and provisions of the Lease[], in accordance with [its] terms[.]" See
Park Defa' Reply, Ex. 1 (Letter from Terry R. Carlstrom, Regional Director, NI'S to James D.
Maddy, NPF President (Sept. 24, 1999)), ECF No. [26-1 ]. See also id., Ex. 2 (Letter from Terry
R. Carlstrom, Regional Director, NPS to Hon. Anthony Williams, Mayor of the District of
Columbia (Sept. 24, 1999)), ECF No. [26-2] ("The [NI'S] hereby requests and authorizes the
District of Columbia to assign the Leases to the [NPF] in llllfillmcnt of the obligations of [the
1985 Resolution] and acknowledges and agrees that such <1ssignment to the NPF shall folfill the
obligation of the District of Columbia with respect to assignment of the Leases to the [NPS].").
While Plaintiff alleges that the Assignment Agreement itself is invalid due to a l<tck of
legislative uuthoriziition for the assignment to NPF, the Court finds this allegation likewise
dubious. Preliminarily, Plaintiff cites - S<lmewhitt misleadingly ... to a statement from the Office
of Corporation Counsel (lf the District of Columbia (now the Attorney General's Office) for the
assertion that the Assignment Agreement, standing on its own, lacks validity without legislative
authorization. See Pl.'s Mein. at 14. However, the document to which Plaintiff cites indicates
that Corporation Counsel opined, "that legislation is necessary to authorize the assignment of
leases to the [NPF] rather than the [NI'S/." See Pl. 's Mem., Ex. 17 (Emergency Resolution
resoluti<m, which is expressly described as relating to the "need to clarify that the [NPFj ciin
accept the assignment of leases for the NI'S under the transfer ofjurisdiction authorized by fihe
1985 Resolution)." Id. (emphasis added). In other words, while Plaintiffs postubti<111 that the
more plausible interpretation of the cited statement indicates that the legislation wus instead
29
required to amend the 1985 Resolution to ensure that assignment to NPF would folfill. its original
terms, thereby satisfying the conditions for the transfer of jurisdiction.
More critically, however, even assuming arguendo that Plaintiff is correct that the
Assignment Agreement is itself necessarily null and void without authorizing legislation, the
record before the Court indicates that there w<is, in fact, authorizing legislation. As
iiforementioncd, Plaintiff acknowledges the passing by the District of Columbia Council of two
for the [NI'S] under the trunsfor of jurisdiction authorized by [the 1985 Resolution]," but alleges
that the Assignment Agreement concerning its Lease was executed ut a time after one of the
resolutions had expired, and before the other resolution beciune effective. See Comp!. il11 52-55
& Ex. 17 (Emergency Res<)iution (April 4, 2000)); Ex. 18 (F:mcrgcncy Resolution (December
21, 1999)). However, the Assignment Agreement itself provides as follows:
WHEREAS, the Council enacted Act No. 13-252, the "Transfor of Jurisdiction over
Georgetown Waterfront Park fbr Public Park and Recreational Purposes, S.O. 84-230,
Emergency Act of 1999", cffoctive January 27, 2000, amending the Resolution to
Pl.'s Mem., Ex. 19 (Assignment Agreement).
Curiously, neither party has directed the Court's attention to the referenced legislation,
but the publicly available uct corroborates this provision. See D.C. Act 13-252 (January 27,
2000) ("The phrase 'National Park Service' in section 3(7) of [the 1985 Resolution] includes the
'National Park Foundation for the benefit of the National Park Service."') This given, Pliiintift's
consequently inoperative arc unlikely to be sustained upon an adjudication on the merits.
Beyond its allegations of a want of authorizing legislation, the only other support Plain ti ff
proffers for its claim that NPF is not its proper lessor is its far-reaching challenge to the whole
30
transfer of jurisdiction process. As the Park Defendants accllratcly contend, the near entirety of
the capacity t<) terminate the Lease because NPS never acquired administrative jurisdiction over
any of the Georgetown Waterfront l\1rk from the District. Park Oefa' Reply at 3. However, as
explained at length in the context of the Court's ruling on the District's motion to dismiss, see
supra Part ll, because Plaintiff has failed to show that the procedural infirmities that allegedly
infected the broader transfer process relate to the validity of the assignment or to any other of
Plaintifrs asserted interests, Plaintiff lacks standing to challenge the status of N PF as its lessor
on this ground.
Finally, even putting aside all evidenti(try and standing barriers - as <l contractual and
indeed equitable matter, the record presently before the Court would likely support a finding that
to the extent PlainlilT or its alleged predecessors-in-interest ever had valid grounds to object to
the transfer of jurisdiction or the assignment of the Lease, such objections have since been
waived. Neither of Plaintiffs two purported predecessors arc alleged to have challenged either
transaction when originally executed. Further, PluintilT itsdl; by objecting to neither the trans for
nor the Lease assignment upon acquiring the claimed leasehold interest and by paying monthly
rent checks to the NPF since its incorporation in 2007, see Comp!. ~ ~ [ 30-31, has in all likelihood
waived any challenge it may have initi<11ly had regarding the status of the NPF as its lessor. See
Acme Process Equip. Co. v. Uniied States, 34 7 F.2d 509, 515-518 (Ct. Cl. 1965), rev 'don other
grollnds, 385 U.S. 138, 87 S. Ct. 350, 17 L.Ed.2d 249 ( 1966) (holding that a contracting party
was barred from enforcing a material breach that it had for too long allowed to go unprotcsted);
accord Dean v. Gurhmd, 779 A.2d 911, 916 (D.C. 2001) (where defrauded party affirms the
31
contract through continued performance despite knowledge of bre<tch, that party is precluded for
Having established that Pl<iintiff is unlikely to succeed on the merits of a claim that NPF
is not its lessor, the Court shall turn lastly to Plaintilrs rcq11est for an injunction specifically
precluding the Park Defendants from terminating its Lciisc or causing il to vacate Lot 805. This
request need not det<1in the Court long. While Pl<1intiff vaguely alleges that the Lease is
"indefinite," see Pl.'s Aff i! 4, the Lease itself ..... a copy of which Plaintiff attached to its motion
- unequivocally indicates that it is u "tempon1ry," "momh-to-month" lease. Pl. 's Mem., Ex. 4
(Lease) al I (emphasis added). The Lease also expressly provides that "if no defoult occurs on
the part of the Lessee, then he shall be entitled to thirty (30) d<ys' notice to vaC<ltC the premises,
which notice shall be given in writing at least thirty ('.JO) days bclorc said occupancy is intended
to be terminated." ld. at 3-4.
PlaintilTs ability to successfully dispute that it has already received the notice required
under the terms of the Leuse is extremely doubtful, as the Complaint itself states that "[o]n
January 18, 2013, the NI'S provided a letter to [Plaintiff] ... informing [Plaintiff! that the NI'S
intended to terminate the Lease upon execution or a concessions contract by the end or February
2013." CompL ii 36. See also Pl.'s Mcm., Ex, I J (Letter from Stephen E. Whitesell, NPS
Regional Director, to Paul Simkin, Owner of fack's Canoes and K<1yaks, LLC (fan. 18, 2013))
(indicating that the NPF concurs with this action)). Furthermore, it is undisputed that on March
I, 2013, the NI'S sent Plaintiff a letter (which the Nl'F President signed in concurrence),
providing thirty-seven days' notice of termination. See Pl.'s Emcrg. Mot. and Mcm. for
Contempt, ECF No. [ 15], Ex., at 6 (Letter from Stephen E. Whitesell, NPS Regional Director, to
Paul Simkin, Owner of Jack's Canoes and Kayaks, LLC (March I, 2013)). The bnguagc or the
32
Case 1:13cv00130-CKK Document 29 Filed 03/28/13 Page 33 ol 36
March I, 2013 letter is unequivocal: "This letter serves as notice to Juck's Canoes & Kayaks,
LLC, to termin<itc its occupancy or the premises at Lot 805 in Square 1179 on or bcfi:Jre 11 :59
p.m. on April 7, 2013[.J" Id.
Plaintiff argues that the Park Defendants' decision, as slated in the above correspondence
to terminate the Lease and install a concessionaire without a court order <imotmts to a "selt:hclp
eviction," which is illegal under District of Columbia law. Pl. 's Mem. at 11-12 (citing Mendes v .
.Johnson, 389 A.2d 781, 787 (D.C. 1978); Young v. District <!/'Columbia, 752 A.2d 138 (D.C.
App. 2000)). The Park Defendants contend lhitt foderal common law and general principles of
common ltmdlord-tenant law apply to the Lease - not any specific provisions of the District or
Columbia Code. Park Defs' Opp'n at 18. Ultimately, the Court need not, and shall not, resolve
the parties' dispute on this issue, as Plaintiff's allegations or "seH:help" eviction arc not ripe.
The Park Defendants have provided Plaintiff a notice to vacate by April 7, 2013, in accordance
with the notice provisions of the Lease. Any claim regarding what the Park Defcndimts may or
may not do atkr that date to cnfi.lrce their alleged right to possession of the premises is simply
too spcculiitive to state a claim for relief.
For all of the foregoing reasons, the "likelihood of success on the merits" factors weighs
heavily against granting Plaintiff the requested preliminary injunctive relief.
To establish irreparable h<II'm, a plaintiff must show that its injury is "great, actual, and
imminent." 11;.. . .rech Pharmaca/ Co. v. U.S. Food & Drug Admin., 587 F. Supp. 2d I, 11
(D.D.C. 2008). Plaintiff must also "demonstrate irreparable injury is likely in the absence ofim
injunction." Winter, 555 U.S. at 22 (cmph<isis in original). Further, the law of this Circuit is
clear that economic loss, in and of t s e ~ docs not constitute irrepurablc harm. Wis. Gas Co. v.
33
Case 1:13-cv00130-CKK Document 29 Filed 03/28/13 Page 34 of 36
Fed. Energy Regula/my Comm 'n, 758 F.2d 669, 674 (D.C. Cir. l 985). "Recoverable monetary
loss may constitute irreparable harm only where the loss threatens the very existence of the
movant's business." Id.
Herc, Plaintiff contends that if the Court docs not grant the requested prnliminury relic I:
the "very existence" of its business will be destroyed. PJ's Mcm. at 3; see also Pl's Aff. i1i120.
22. Specifically, Plaintiff asserts tliat there is no other place on the 1\!tomac River where its
business could be operated. Pl.'s All if 20. Plaintiff further asserts that if it is forced to vacate
the premises, leaving behind <111 fixtures and equipment that it has spent hundreds of thousands of
such equipment and resuming its business elsewhere. Id. ilil 20, 22. This is because, as Plaintiff
explains, much <if the equipment - lbr example, custom-built deck and dock structures "" is n<!t
usable 111 i111y other location mid/or cannot be removed from the property without being
destroyed. !d. ir 20; Pl.'s Mern. at 20.
As the Park Defendants appropriately retort, however, Plaintiffs submissions seem to
Opp'n at 17. At best, Plaintiff is, as it claims to be, a successor to the Leiise - the terms of which
Plaintiff has not and could not dispute unequivocally provide for 11 "month-to-month tenancy."
See Pl.'s Mem., Ex. 4 (Lci1se) at I. Irrespective of the identity of Plaintiffs lessor, since the day
Plaintiff alleges to hi1ve acquired the Lease almost six years ago, Plaintiff has fuced the
possibility or termim1tion of its possession of Lot 805 upon thirty-days notice. While the Court
docs not doubt that financial difficulty may befall Plaintiff if it is forced to vacate and leave
behind certuin fixtures on the premises, the fact remains that at the time Plaintiff made tliose
iilleged investments, Plaintiff was on inquiry notice that at most, it possessed a month to moth
34
claim to its occup<mcy of the premises. Accordingly, the Court cannot conclude that the alleged
injury is sufficiently severe to constitute irreparable harm.
Additionally, it bears mention that Plaintiff knew of Nl'S's plans to convert the
operations at the premises to a concessions contract as of no later than August 2012, see Comp I.
~ 32, and indeed had the opportunity to apply for the RFQ but elected not to do s<1, precluding
the possibility that NPS would select Plaintiff as the concessiom1ire going forward. Further,
Plaintiff inexplicably waited an entire month afler having received notice of NPS's notice of
termination before filing the request tor temporary <Ind preliminary relief presently before the
Court. Plaintiffs delay and its decision not to apply for the RFQ undermine any argument that
its injury is of "such imminence that there is u 'clear and present need for equitable relief to
prevent irreparable harm."' See Brown v. District of Columbia, 888 F. Supp. 2d 28, 32 (D.D.C.
2012) (quoting Fed. Maritime Comm 'n v. City t!f'Los Angeles, 607 F. Supp. 2d 192, 202 (D.D.C.
2009)).
inquiry." Trudeau v. FTC, 384 F. Supp. 2d 281, 296 (D.D.C. 2005), t1ff"d, 446 F.Jd 178 (D.C.
Cir. 2006). For the reasons stated above, the Court finds that Plaintiff has failed to make the
requisite showing here. Accordingly, this fuctor also weighs against the issuance of a
C. Injury to Other Interested Parties and Public Interest
Finally, a plaintiff seeking a preliminary injunction must establish that the balance of the
equities tips in its favor, and that an injunction would be in the public interest. Winter, 55 U.S. ut
20. The Court doubts that even the most compelling showing in this regard could compcnsi1tc
for Plaintiffs failure to demonstrate a likelihood of success on the merits or irreparable harm.
35
Case 1.:13-cv-00130-CKK Document 29 Filed 03/28/13 Page 36 of 36
Even so, the Court finds that the equities and the public interest also weigh against the issuance
ofa preliminary injunction in this case, as granting Plaintiff the requested relief would usurp the
NPS's determination that, in order to abide by its statutory mandate to provide services to
visitors on national park l;mds under carefully controlled sufoguards, the provision of non-
motorized boat rental imd storage shall be performed under a concessions contnict. Further,
there will be no injury to other interested parties, as the availability of boat rental <ind storage on
the premises will continue into the future through the operations of the selected concessionaire.
IV. CONCLUSION
Considering the record us a whole, the Court finds that Plaintiff hus foiled to make a
"clear showing" that it is entitled to the "extraordinary remedy" of <1 preliminary injunction.
Winter, 555 lJ .S. at 21. Therclorc, and for the reasons set forth i1bove, Plaintiffs [ 121 Motion for
Temporary Restraining Order 11nd Preliminary Injunction is DENIED.
Further, because Plaintiff lacks constitutional standing to request a declaratory judgment
that the District "never effectively transferred" administn1tive jurisdiction to NI'S, or if it did,
that such jurisdiction has since reverted to the District, see Comp I. at 2 l, ii I (c), and because
Plaintiff is also barred by the applicable statute of limitations from asserting the entirety of its
request for dccliu-,1tory relief against the District, the Court shall GRANT the District's [ 191
Motion to Dismiss.
The Court shall address the Park Defendants' [22[ Motion to Dismiss by separate order at
a later date.
An appropriate order accompanies this Memorandum Opinion.
36
____ /s/. ... --
COLLI:EN KOLLAR-KOTELLV
Unitcd States District Judge
Case 1:13-cv"00130-CKK Document 28 Filed 03/28/13 Page 1of1
.JACK'S CANOii:S & KAYAKS, LLC,
Plaintiffs,
Y.
NATIONAL PARK
NATIONAL PARK FOUNl>ATlON, and
TIII<'. OISTRlCT O.F COLUMBlA,
Defendants.
ORDER
(March 28, 2013)
March, 20 13, hereby
ORDERED that Pl<iintiff's [12] Motion for Temporary Restraining Order and
Preliminary Injunction is DENIED; and it is further
ORDEIUU> th<ll Defendant District of Columbia's [ 19] Motion to Dismiss is
GRANTED. Accordingly, the District of Columbia is hereby dismissed as a defendHnt in this
action.
SO ORDERED.
Isl
-- ------
COLLEEN KOLLAl{"KOTELLY
(b) (5)
l;?.a.'14 DF.PAR.TMF.:NT OF THE INTERIOR Mail - Flr\ld: Jack's Boathousu

.
.
Fwd: Jack's Boathouse
LeBel, Steve <ste\\'l_iebel@nps.gov> Thu, Mar 28, 2013 at 1:59 PM
To: Tara Morrison <Tara_Morrlson@nps.gov>, Ste\\9 Whitesell <Ste"9_Whitesell@nps.gov>, Lisa Mendelson
<lisa_mendelson-ielmini@nps.gov>, Philip Selleck <Philip_Selleck@nps.gov>
Cc: Elizabeth Tinker <liz_tinker@nps.gov>, Debra Hecox <debra_hecox@nps.gov>, Walter McDowney
<Walter_McDowney@nps.gov>, Deborah HaMJy <deborah_haMJy@nps.gov>, Melissa Lackey
<Melissa.Lackey@sol.doi.gov>
FYI
You might be interested to know Simkin has remo\\'ld the rental boats he owns and is clearing the office shed, as
I write this.
message--------
Subject: Jack's Boathouse
To: "LeBel, Ste'.'.'l" <stew __ lobel@nps.gov>
Cc: "Lackey, Melissa" <melissa.lackey@sol.doi.gov>, Barry Roth <barry.roth@sol.doi.gov>, Robert Eaton
<rotlert.eaton@sol .doi.gov>, "neil@n01tio1101lp01rks.org" <neil@nationalparks.org>, "tbarba@steptoe. corn"
<tbarba@steptoe.com>, "Cook, Deanna (dcook@steptoe.corn)"
A HORNEY-CLIENT PRIVILEGED/ A HORNEY WORI< PRODUCT
Thanks!
Wynne
tips: I Im ail. googlo. corn/ nl <.111/b/ 152/ u/O/? 534 761;1664& v !ew=pt &cat =Jack' .s BoathOLl:>C&!.> C<."lrc . ,
11:1'.
128i14 DEPARTMEN"( Of".' 1'Hf.:: INTE;RIOR Mall - Fwd: Jack's BoattlCJUSQ
Wynno P. Kelly
555 4th Street N.W.
Waohington, D.C. 20530
wynne.l<olly@usdoj.gov
Stew LeBel
National Capital Region, National Park Ser\Acc
(202) 619-7072
Fax: (202) 619-7157
The information contained in this message rn<>y be protected by attorney-client or other pril.11ege. It is intended
for the use of the indi'-iduals to whom it Is sent. Any pri'-ilege is not waiwd by '-irtue of this ha'-ing boon sent by
e-mail. If the person actually rncei'-ing this message or any other reader of this message is not a named
recipient, any uso, dissemination, distriblltion, or copying of this communication is prohibited. If receiw this
message in error, please contact the sendor.
2 attachments
1fl Jack's Canoes Memorandum Opinion.pdf
203K
1fl Jack's Canoes Order Denying TRO.pdf
22K
I I s: // .'#OOgle' CQm/ mall/ bf 152/ u/O/?ulr.i?.&lk mf S34 768664& v law=pl&cat =J t'ICk' 5 eoi:ll ho us e&searc h= ... 212
UNITI"> STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMUIA
.JACK'S CANOES & KAYAKS, LLC,
Plaint in:
v.
Defendants.
MEMORANDUM OPINION
(March 28, 2013)
Plaintiff Jack's Canoes & Kayaks, LLC ("Plaintiff') filed suit against the National Park
("District") relating to purportedly illegal attempts by the NPS <ind NPF (together the "Park
Dcfondants") to terminate a lease under which Plaintiff claims to have been a tenant since April
2007. See Comp!., ECF No. [I]. Presently bcfbre the Court is Plainti fTs [ 12] Motion for
Temporary Restraining Order and Preliminary Injunction. In brict; Plaintiff seeks an order
barring the Park Defondants from taking any actions th<it interfere in any manner with the
continuing operation of Plaintiffs boathouse business, including seeking or threatening to
terminate the lease to which Plaintiff claims to be a party or evicting Plaintiff without a Court
Order folk)wing a final judgment on whether the NPF and/or the NI'S have the power and
1
Also pending before the Court arc the District's [ 19] Motion to Dismiss
and the Park Defendants' [22] Motion to Dismiss, both of which were filed subsequent to the
1
Plaintiffs Motion seeks preliminary injunctive relief against only the Park Defendants. It docs
not purport to seek prelimin;1ry injunctive relief against the District directly.
111ing of Pl<tintitl's motion for temporary and injunctive relief and 111 accordance with the
Upon consideration of the pleadings and accompanying exhibits,
2
the relevant legal
authorities, mid the record as a wh(>le, the Court finds that temporary or preliminary injunctive
relief is not warranted on the present record. Accordingly, Plaintiffs [12] Motion forTemponiry
Restraining Order and Pre I im inary Injunction is DENIED. Further, because Plaintiff lacks
constitutional standing wilh respect to one of its requests fi:ir declaratory judgment against the
District, and is burred by the applicable sl<\lute of limitations from asserting lhe entirety of its
request for declaratory relief against lhe District, the Court shall GRANT the District's [ 19]
Motion to Dismiss. The Court shall address the Park Dcfend<lnts' [22] Motion to Dismiss by
separate order at it l<tler time.
l. UACKGHOUND
Unless otherwise indicalud, all facts set forth herein arc taken from Plaintift's Complaint
und are presumed true for purposes of the Court's consideration of the instant motions. As of
2
While the Court renders its decision on the entire record before it, its consideration has focused
on the following documents: Comp I., ECF No. [I]; !'l's Mot. for Temporary Restraining Order
and Preliminary Injunction & Mem. of P. & A. in Supp. of Mot. ("Pl.'s Mcm."), ECF No. (12];
Pl.'s Aff. in Supp. of Mot. for Te111porary Restraining Order <u1d Preliminary Injunction ("Pl.'s
Aff."), ECF No. [123]; Def. District of Columbia's Mot. to Dismiss & Mcm. of I'. & A. in
Supp. of Mot. ("District's Mem,"), ECF No. [19]; Deis' NPS & NPF's Opp'n to Pl.'s Mot. for
Temporary Restraining Order and Preliminary Injunction & Mot. to Dismiss ("l\1rk Del's'
Opp'n"), ECF No. [2 IJ; Pl.'s Opp'n lo District of Columbia's Mot. to Dismiss ("Pl. 's Opp'n"),
ECF No. [23]; Pl.'s Mcm. of P. & A. in Reply to NI'S & NPF's Opp'n to Pl.'s Mot. for
Temporary Restraining Order and Prcliminury Injunction and in Opp'n to their Mot. to Dismiss
Pl.'s Complaint ("Pl.'s Reply"), ECF No. [24]; Deis' NI'S & NPF's Reply in Supp. of Mot. lll
Dismiss Pl.'s Complaint ("Park Defo' Reply"), ECF No. [26]; Def. District of Columbia's Reply
in Further Supp. of Mot. to Dismiss ("District's Reply"), ECF No. [27]. In an exercise of its
assistance in rendering u decision. See LCvR 7(1).
2
operated a boathouse business offoring canoe and k<lyak rcnhtls, tours, storage, and other related
services at 3500 K St. N.W., Washington, D.C. Comp!. irif 9, 17, 30. Plaintiffs operations occur
on two adjacent parcels or land on the Georgetown W<1terfront: Lot 806 (which Plaintiff owns)
and Lot 805 (which is owned by the District but managed by NI'S pursuant to a transfer of
administrative jurisdiction over several acres of Jund th<it c<mstitute lhe Georgetown Waterfront
Park). See Comp!. il1f 9, 12, 23-28. Plaintiff contests the validity of the District's transfer to NPS
of administrative jurisdiction over Lot 805. See generally id.
By way of background, Plaintiff succeeded an individual by the name of Frank Baxter in
the ownership and operation of the business that was started by Frank Baxter's mother and
father, John and Nonna Baxter, in 1945. Id. ii 19, In 1973, as part of a compromise with the
agreed to buy LN 805 from John and Nonna BMter and to lease it back to them so that they
could continue to own und operntc the boathouse. Id. 11 20. On August 28, 1973, John and
Nonna Baxter deeded Lot 805 in foe simple to the District for $244,160.00. Id. ii 21. On
October I, 1973, the District and the Baxtcrs entered into u lease with respect to Lot 805 (the
"Lease"). Id. & Pl.'s Mcm., Ex. 4 (Lease).
tetnporary lease of the hereinafter described premises" by the Baxtcrs for boat rentals and related
activities, states in pertinent part: "[T]hc District does hereby grant unto the Lessee, use and
occupancy of[Lot 805], commencing October I, 1973 and continuing thereatler from month to
month for sum of $275.00 ($275.00) per month[.]" Pl.'s Mem., Ex. 4 (Lease), at I. Beginning
April I, 1982, the monthly payment amount increased to $356.00 pursuant to a letter amendment
to the Lease sent by the District and countersigned by John and Norma Baxter. Id. at 5.
3
On September l 0, 1985, the District of Columbiu Council passed Resolution 6-284 (the
"1985 Resolution"), which was intended to initiate the transfer of administrative jurisdiction over
a number of land parcels on the Georgetown Waterfront, including Lot 805, to the NPS for the
purpose or estitblishing and maintaining the Georgetown Waterfront Parle Comp I. ii 24 & Pl. 's
Mcm., Ex, 7 (D.C. City Council Resolution 6284 (Sept. I 0, 1985)). The 1985 Resolution states,
in rclev;mt purt, that "Jurisdiction over ... Lot , .. 805 ... shall be transferred to the National Park
Service 5 years a Iler the effective date <)f this resolution unless .. , suitable sites and facilities
have not been obtained for the relocation of those public works facilities now located on the
parcels of land that arc part of the Georgetown Waterfront Park." Pl. 's Mcm., Ex. 7 (D.C. City
Council Resolution 6-284 (Sept. I 0, 1985)), at 2. The 1985 Resolution further states that it is
"contingent upon an exchange of letters" between the District of Columbia Mayor and the
Regionul Dicctor 1.f NPS, which were to mcmoriali1.e the agreement on several matters
including, alia, that the transferred land be used only for public park and related purposes;
that the District assign its existing leases on the land to the NI'S and the NPS dedicate all
revenues from those leases to park development; and that NPS assume responsibility to repuir
and maintain all wharves, piers, bulkheads, itnd similar structures locuted on the transferred land.
Id. at 3-4. The letters were also to include "conditions, including a reversion of jurisdiction to
the District ... which fully protect the District ... in the event ... of ... an [a]mcndmcnt or
cancellation of[a[ January 7, 1985 deed [of casements] between Washington Harbour Associates
[a District of Columbia partnership], Georgetown Potomac Company, Mount Clare Properties
(D.C.) Inc., und the United Sl<ltcs of America[.'[" Id. at 3.
A letter agreement from the NPS dated May 18, 1987 and countersigned by the District
of Columbi<t Mayor on July 2, 1987 (the "1987 Letter") set forth the parties' ugrcemenls t() the
4
conditions of trnnsfcr set forth in the 1985 Resolution. See Ex. 8 (Letter from Manus J. Fish,
NPS Regional Director to I-Ion. Marion S. Barry, Muyor of the District of Columbia (May 18,
1987)). According to both the District and the Park Defendants, the actual transfer of
administrative jurisdiction was properly executed in 1999. See District's Mem. at 3 n.2; Park
Dcf:s' Opp'n at 3-4. For reas<ms described more fi.1lly i11/ra Part II.A., Plaintiff contends that the
transfer process was "procedurally lfawed." See Pl.'s Mem. at 6.
Although both the 1985 Resolution and the l 987 Letter indicate an <1greement by the
District to assign the Lease to NI'S at an undetermined fllturc date, no such direct assignment
("Assignment Agreement") assigning all of" the existing District leases on the lund to Nt'F. See
Pl.'s Mem., Ex. 19 (Assignment of Leases Agreement (M<irch 30, 2000)). NPF is a 50 I (c)(3)
non-profit orgunizution that was chartered by Congress in 1967, for the purpose of accepting
priv;1tc gills "for the benefit ot; or in connection with, the National Park Service, its activities, or
its services." An Act t() Establish the National Park Foundation, Pub. L. No. 90-209 ( 1967). The
Assignment Agreement states, in pertinent part:
Id.
WHEREAS, one or the conditions set forth in the [ 1985] Resolution was the
assignment by the District to NI'S or existing District leases at Georgetown Park, and a
commitment by NI'S to use the le<ise revenues for park development and maintenance
at the Georgetown Park; and ... because NPS has determined that revenues received by
NPS from the Leases could not be dedicated fbr development and maintenance or
Ge()rget()wn l\1rk, NI'S requested that the District assign the Leases t() Assignee ... The
District docs hereby <issign the Leases to Assignee. Assignee docs hereby accept the
Leases and docs unconditi()nally <issumc all of the responsibilities, obligations, and
liabilities of Assignor under the Lc<isc, including <my <tnd all outstanding obligations
The Assignment Agreement cites us authority the District of Columbia Council Act No.
13-252, titled the "Transfer of Jurisdiction over Georgetown Waterfront Park for Public Park and
5
Recreational Purposes, S.O. 84-230, Emergency Act of' 1999," cfTcctivc January 27, 2000, which
the Agreement describes as having amended the Rcs()luti(ln to authori7.e the District to assign the
leases to NPF. Id. Earlier correspondence between NPS and NPF indicates that NPS directed
NPF to accept the District's ussignment of the Lease and also "acccpt[ed] appointment as
[NPF's] agent for purposes of fUlfilling all obligations, and pursuing all rights and remedies to
the terms <md provisions of the Lease[], in accordance with [its] terms[.]" See Park Deis' Reply,
Ex. I (Letter from Terry R. Carlstrom, Regional Director, NI'S to James D. Maddy, NPF
President (Sept. 24, 1999)), ECF No. [26- l ].
In 2007, upon Plaintiff's incorporation, Frank Baxter successor in interest to fohn and
Norma Baxter and an owner of the business until his death in 2009 -- tn1nsforred all of his right,
title and interest in the corporation, including the lease over Lot 805, to Plaintiff See Pl. 's Mem.
at 4 & Ex. I (Orernting Agreement (lf fack's Canoes & Kayaks, LLC). Mr. Baxter also deeded
to Plaintiff on April l 5, 2009, prior to his death later that year. Comp I. ir 22. According
to Plaintift; since its incorporation in 2007, PlaintitThas been paying rent to NPF on time and on
a monthly basis (in the amount of $356.00 per month pursuant to the Lease as amended by the
1982 letter <1greement between the District and the Baxters). Comp! ii 30. See also Park Deis'
Opr'n at 3. While NPF regularly cashed PluintilTs rent checks between 2007 and August 2012,
NPF stopped cashing Plaintiffs rent checks from August 2012 through January 20 l 3, the month
Plaintiff filed its Complaint. Id. 1131.
As the Park Defendants represent in their opposition brief; sometime rrior to August
20 l 2, NPS had determined that, in keeping with its Congrcssion<tl mandate, the non-motorized
boat service provided at the site operated by Plaintiff needed to be performed under a
concessions contract instead <if a lease. See Park Defs' Opp'n at 2 (explaining that Congress has
6
mand.itcd, i1bscnt specific exceptions not applicable to this case, that "the Secretary shall utilize
concessions contructs to i1uthorizc a person, corporation, or other entity to provide
accommodations, facilities, and services to visitors to units orthc National Purk System.") (citing
16 U.S.C. 5952). Indeed, according to Plaintiff; in August 2012, NPS sent to Plaintiffu draft
concessions contract for continued operation of its boathouse business, Com pl. 11 32, but ceased
communications with PlaintifT on the subject of a concessions contract in October 2012, and no
agreement was reached, id. 1133.
"notice ... to terminate its occupancy of the leased premises .... [and to] vacate the property on
or before 11 :59 p.m. on January 31, 2013, and remove all personal property from the premises."
Comp!. 1134 & Pl.'s Mem., Ex. 11 (Letter from Stephen E. Whitesell, NPS Regional Director to
Puul Simkin, Owner of Jack's Canoes and K;1yi1ks, LLC (Dec. 18, 2012)). A NPF representative
signed the letter in concurrence, in its capacity as the successor lessor under the Lease. See Pl.'s
of Jack's Canoes and Kayaks, LLC (Dec. 18, 2012)). One week later, in a December 24, 2012
email, the NPS Director notified Plaintiff that, due to public concern about the fhture of the
boathouse, NPS h'1d decided to withhold further action on the termination of the Leuse until NPS
could conduct a more thorough review and determine the best course of action. Compl.1[ 35.
On January 18, 2013, NI'S issued a letter to Plaint ill; withdrawing its December 18, 2012
letter and informing Plaintiff thnt the NPS intended to terminate the Lease upon execution of a
concessions contract by the end of February 2013. /d.1[ 36 & Pl.'s Mem., Ex. 13 (Letter from
Stephen E. Whitesell, NPS Regional Director to Puul Simkin, Owner of Jack's Canoes und
Kayaks, LLC (Jan. 18, 2013)). The letter i1gain indicated NPF's concurrence with this decision.
7
Case 1:13-cv-00130-CKK Document 29 Filed Page 8 of 36
l'l.'s Mcm., Ex. 13 (Letter from Stephen E. Whitesell, NI'S Regional Director to Paul Simkin,
Owner of Jack's Canoes and Kayaks, LLC (Jan. 18, 2013)). The letter li.1rther notified Plaintiff
that on that same date, January 18, 2013, NI'S was releasing a Request for Qualifications (RFQ)
for non-motorized bout rental and ston1gc services at or near the locution of Plaintifl's present
operation. Id. The letter indicated that NI'S would evalu<1te all responsive proposals, including
Plaintiff's should it wish to submit one, in a fair and consistent fashion. ld. The deadline to
respond to the RFQ was Fehrnury 6, 2013. id. As the parties later represented to the Court
during a February 19, 2013 on-the-record telephone con forcncc, Plaintiff chose not to submit a
On Janu<1ry 31, 2013 thirteen days after the Park Defendants issued the lease
tcrmim1tion letter Plaintiff filed its Complaint in this matter. See Comp!. The Complaint
<1sscrts the following live counts; (i) Declaratory Judgment (against the Park Defondants and the
Temporury, Preliminary, <md Permanent Injunctive Relief (against the Park
Defondants); (iii) Intentional Interference with Business Relations (against NPF); (iv)
Conspiracy to Carry Out an Unlawfol Eviction and Interfere with Plaintilrs Business Relations
(against NPF); and (v) Negligent Interference with Business Relations (against Nl'F). See Id.
On February 18, 20 I 3 - seventeen days uHer Plaintiff filed its Complaint and exactly one
month after the I\1rk Defendants issued the lease termination letter- Plaintiff filed the motion for
temporary restn1ining order and preliminary injunction presently before the Court. See Pl.'s Mot.
The Court held <l telephonic status conference with the parties on February 19, 2013, during
which the Park Defendants indicated their agreement not to take any action against Pluintifl' in
connection with its asserted leasehold interest until aller March 31, 2013. See Min. Order (Feb.
8
19, 2013). The Court ordered the parties to jointly propose a briefing schedule and subsequently
grunted the schedule requested.
3
See id.
II. DISTRICT'S MOTION TO DISMISS
Because the District's motion to dismiss directly challenges Plaintiff's constitutional
standing to pursue what appears to the Court to be its primary avenue of relief in this matter, the
Court shall address this threshold issue first.
Count One of Pl'1intifTs Complaint, the only count to which the District is a party, seeks
declarations under this count specifically that: (u) Plaintiff is a lessee under the Lease; (b) The
Lease was never effectively assigned to NPF, and NI'S is not a party to the Lease; (c)
Jurisdiction for administration and maintenance over L<)t 805 was never cllcctivcly transferred
by the District of Columbia to NPS, or, if it was, such jurisdiction has reverted t() the District of
Columbi<i; (d) The NPS and NPF decision to terminate the Lease and evict Plaintiff in order for
NPS to grant a concessions contract are not permitted by any District of Columbia assignment,
resolution, act, letter, or authority; und (e) Neither the NPF nor the NPS have the power or
authority to terminate the Lease. See Comp I. at 21 -22.
While Plaintift's request vi.NI-vis the Park Defendants broadly seeks to establish its
status and rights <ls a lessee under the Lease and the Park Defendants' lack of' status us a lessor
3
The Court's February 19, 2013 Minute Order further stated that, in agreeing to withhold action
until March 31, 2013 und in proposing the briefing schedule, the parties necessarily agreed, and
the Court itself determined, that u ruling on Plaintiffs application fbr preliminury injunctive
relief beyond the twenty-one day timelinc set forth in Local Civil Ruic 65. l (d) would not
prejudice the p<uties. See LCvR 65. I (cl) ("On request of the moving party ... a hearing on un
application for prelimim1ry injunction shall be set by the court no later tban 21 days after its
filing, unless the court earlier decides the motion on the papers or makes u finding that a later
hearing date will not prejudice the parties. The priictice in this jurisdiction is to decide
9
case 1:1.3-cv-00130-CKK Document 29 Filed 03128/13 Page 10 of 36
and corresponding l<1ck of capacity to terminate the Lease, the crux of Pluintifl"s request vis-cl-vis
the District is a more targeted challenge to the validity of the District's transfer of administrative
jurisdiction over the Georgetown Waterfront Park, including Lot 805, to NI'S (which included,
us part of the larger transfor process, its <tssignmcnt of all leases, including the Lease, on the
Georgetown Waterfront Park to NPF). See Campi. iril 39-57. At bottom, PlaintifTalleges that
the process by which the administrntivc jurisdiction over the Georgetown Waterfront Park was
transferred to NI'S suffored from several dcfocts such that it was never elfoctivoly transforred,
see id. il11 39-57, or, alternatively, if it was effectively transtcrrcd, a supplemental deed of
easements entered into in 2005 should have triggered revision ol'jurisdiction back to the District
under the terms of the 1985 Resolution and 1987 Letter, see supra Part I. Id. if44.
According to Plaintiff; the practical upshot of the defective transfer process is that the
P<irk Defondants are left "with no standing to evict the Plaintifl; much less negotiate a new b"c
agreement." Pl.'s Mem. at 12. In other words, the entirety of Plaintiff's case against the District
appears to be premised upon a theory thi1t because the transfer of administrative jurisdiction was
never properly executed (and becitlSe the assignment of the Lease to NPF was a part of that
broader transfor process), NPF is not i1ctually Plaintiff's lessor. Therefore, Plaintiff contends th<1t
neither NPF nor NI'S (<1cting for and with the concurrence of NPF), has legal cap<1city to take
any action against Pl<1intiff in connection with its claimed leasehold interest in Lot 805. As
aforementioned, neither the District nor the P<ll'k Defondants contest the v<1lidity of NPS's
administn1tivc jurisdiction over the real propeny that constitutes the Georgetown Waterfront
Park. See District's Mem. at 3 n.2; Park Def\;' Opp'n at 3-4.
The District has moved to dismiss Count One pursuant to Federal Ruic of Civil Procedure
12(b)(I) for lack of subject matter jurisdicti1m, on the ground that Plaintiff lacks constitutional
10
standing to request a declaratory judgment invalidating the transfer of jurisdiction from the
District to NPS (which, as the District contends, would c!Tcctivcly require the District to retake
4
See District's Mem. at 3. The District liirthcr argues that even
if Plaintiff did have standing to asse1t this request for declaratory relict: the Cm1rt must dismiss
Count One insofar us it is <rnscrtcd against it under Ruic l2(b)(6) because it is time-barred by the
applicable statute of limitations. The Court shall address both arguments below.
A. Standing
A1ticle lll of the Constitution limits the authority of fcdernl courts to the resolution of
"Ci1scs" and "Controversies." U.S. Const. art. lll, 2. "This limitation is no mere formality: it
Federal Government is founded.'" Dominguez v. UAL Corp., 666 F.3d 1359, 1361 (D.C. Cir.
2012) (quoting Allen v. Wright, 468 U.S. 737, 750, 104 S. Ct. 3315, 82 L. Ed. 2d 556 (1984)).
"The Court begins with the presumption that it docs not have subject matter jurisdiction over a
case." Kokkonen v. Guardian Life Ins. Co. oj'Am., 511 U.S. 375, 377, 114 S. Ct. 1673, 128 L.
Ed.2d 391 (1994).
In order to survive a motion to dismiss pursuant to Rule 12(b)(I), the plaintiff bears the
burden of establishing that the court has subject matter jurisdiction. Moms Against Mercury v.
FDA, 483 F.3d 824, 828 (D.C. Cir. 2007). In determining whether there is jurisdiction, the Court
may "consider the complaint supplemented by undisputed facts evidenced in the record, or the
4
The District also argues that Plaintiff lacks prudential standing to seek the requested declaratory
relief. However, because the Court finds that dismissi1l of this action against the District is
required, in pait, on grounds of a lack of constitutional standing, and in its entirety on grounds of
the applicable statute of limitations, the Court need not address the District's arguments
11
Ji!r Underground Expansion v. Mineta, 333 FJd 193, 198 (D.C. Cir. 2003) (citations omitted).
"At the motion to dismiss stage, counseled complaints, as well as pro se complaints, are to be
construed with sufficient liberality to afford all possible inferences favorable to the pleader on
allegations of fact." Seti/es v. U.S. Parole Comm 'n, 429 F.'.ld 1098, 1106 (D.C. Cir. 2005).
"Although a court must accept as true all factual allegations contained in the complaint when
reviewing a motion to dismiss pursu<int to Ruic I 2(b )(I)," the factual allcg<ttions in the complaint
"will bear closer scrutiny in resolving a l2(b)(I) motion than in resolving a l2(b)(6) motion for
failure to state a claim." Wright v. Foreign Serv. Grievance Btl., 503 F. Supp. 2d 163, 170
(D.D.C. 2007) (internal citittions and quotation marks omitted).
To establish the jurisdictional prerequisite of constitutional standing, Pbintiff must first
show that it has suffered an "injury in fact," that is, the violation of a legully protected interest
thut is "(a) concrete and particularized; and (b) actual or imminent, not conjectural or
351 (1992) (citations and internal quo!<ltions omitted). Second, "there must be a causal
connection between the injury and the conduct complained oC" Id. Stated difforcntly, the injury
must be "fairly traceable to the dcfondant's allegedly unlawful conduct." Allen, 468 U.S. at 751.
Third, it must be "likely" that the injury would be "redressed by a favorable decision." Lujan,
504 U.S. at 560 (quoting Simon v. E. Ky. Welfare Rights Org., 426 U.S. 26, 41-42, 96 S. Ct.
1917, 48 L. Ed. 2d 450 ( 1976)).
Before applying this rubric to the case at hand, the Court pauses to make a preliminary
observation about the woeful inadequacy of Plaintiffs briefing in opposition to the District's
standing arg\tments. It is axiomatic that the "party invoking foderal jurisdiction bears the burden
of establishing the! I elements" of constit\ltional standing. Lujan, 504 U.S. at 56 I. Since these
. . .
12
clements "arc not mere pleading requirements but n1ther an indispensable part of the plaintiffs
case, each clement must be supported in the same way as any other matter on which the plaintiff
bears the burden of proof].]" Id. To be sure, at the pleading stage, general factual allegations of
injury resulting from the dcfondant's conduct will suffice. Id. However, for reasons discussed
fully below, the Court finds that Plaintiffs C(impl<tint foils to show how the District's
(purportedly flawed) tnmsfor of jurisdiction caused Plaintiff the harm alleged. Plaintiffs
In its motion to dismiss, the District unambiguously argued that Count One fails to satisfy
the requirements of constitutional standing, particularly causation and rcdressability. See
District's Mem. at 5. In response, Plaintiff devotes four pages orits opposition brief to standing,
702 (the "Federal APA"), and, in one case, the Metropolitan Washington Airports Act of 1986,
codified as amended at 49 U.S.C. 101-112 (which, as Plaintiff explains, the Court analogized
to the Federnl APA). See Pl.'s Opp'n at 4-7. Beyond a conclusory single-sentence assertion that
PlaintilT possesses standing, Plaintiff makes not one mention to its own case, neglecting to apply
the cited case law or to discuss or even reference the facts or circumstances at hand.
Plaintiff has therefore bn1zenly lefl the District and the Court <1iike to guess as to its
theory of standing vis-cl-vis the District. As the District correctly observes in its reply
jurisdiction -specifically, the Federal APA and Metropolitan Washington Airports Act of 1986
that arc neither mentioned in the Complaint nor gcncrully applicable to lawsuits against the
13
would be amenable to suit under either provision. See Walker v. Washington, 627 F.2d 541, 544
(D.C. Cir. 1980) (pluintiffcould not assert claims against District pursuant to the Federal APA).
Further, even if Plaintiff had identified a statutory basis on which to ground its challenge to the
transfer process, it is well-established that statutorily conferred standing does not circumvent the
need to establish constitutional standing. See Am. Legal Found. v. l''.C.C., 808 F.2d 84, 89 (D.C.
Cir. 1987) ("Congress cannot statutorily remove or diminish the constitutional limits on which
standing is b;1scd.").
With that said, !he Court shall now proceed to the merits of the District's standing
arguments. Fairly read, Count One asserts two separate (albeit related) requests for declaratory
relief applicable to the District. First, Plaintiff requests a declaration that the District "never
effectively transferred" administrative jurisdiction to NI'S, or if it did, that such jurisdiction has
since reverted to the Disl.l"icL ,<J<-e Com pl. at 21, ,I I (c). Second, Count One requests u
declaration that the "never ctliectiivfllv assigned" the Lease to NPF. Id. at I (b).
Court shall separately consider Plaintiff's standing with respect to each request. Friends <!/the
Earth .. Inc. v. Laidlaw Environmental Servs., Inc., 528 U.S. 167, 185, 120 S. Ct. 693, 528 U.S.
167 (2000)).
1. Transfer of Administrative Jurisdiction to NI'S
The only injury alleged by Plaintiff both in its Complaint and other submissions -
relates to the purported destruction of its business interests, including its alleged interest in the
Lease. See generally Comp!.; Pl.'s AIT. Pluintifl's submissions also unequivocally allege that
such injury has arisen from the purportedly wrong fol conduct of NPS and/or NPF, beginning no
earlier than August 2012, in connection with NI'S and/or NPF's ongoing efforts to terminate the
14
Lease and remove Plaintiff from Lot 805. Id. The District argues that even assuming urguendo
that the hurm to Plaintiffs business interests constitutes legally cognizable injury-in-fact for
purposes or standing analysis, Plaintiff h<is not imd could not demonstrate that any such harm is
"fairly traceable" to the District's transfer of jurisdiction <!ver the property at issue, or that it
would be redressed by a decision to declare tbe District's transfer of administrative jurisdiction
invalid. District's Mcm. at 6. The Court agrees.
"Although they often ovcrliip, the causation and redrcssability requirements arc
theoretically distinct." Mideast Sys. And Chin" Civil Const. Saipan Joint Venture, Inc. v. /-lode/,
792 F.2d 1172, 1176 (D.C. Cir. 1986). Causation "looks at tbe relationship between the alleged
unlawful conduct and the injury[.]" Id. Redrcssability concerns "the relationship between the
injury and the requested relief." Id. (citations omitted). "This distinction is important in cases
causal nexus. In many cases, however, the two criteria are simply two facets or a single causation
requirement." Id. (citation and internal quotation marks omitted). In some cases, "it is sufficient
to treat the two clements as if they were identical." hl The instant case is one of those cases.
Clearly, Plaintiff does not allege that the District itself is directly liable for the Park
Defendant's attempts to terminate its alleged leasehold interest. Rather, the underlying conduct
challenged by Plaintiff in Count One is the allegedly defective process by whieb the transfer of
executed. Specifically, Count One propounds factual allegations relating to various alleged
violations of the conditions for the transfer set forth in the 1985 Resolution, occurring between
the years of 1987 and 2005 more than one decade before the purportedly wrongful attempts by
NPF and/or NI'S to terminate its lease that gave rise to this lawsuit, and also before Plaintiff
15
alleges to have become a party to the Lease. See Com pl. n 39-55. While one of the ulleged
violations (which the Court shall address infia Part 11.A,2) directly concerns the District's
uny other interest asserted by Plaintiff.
Specifically, Plaintiff takes issue with the following (tctions:
FirM, Plaintiff alleges that the 1985 Resolution provides that jurisdiction
shall be transforrcd to the NPS "5 years after the effective date of this
resolution unless ... suitable sites and facilities have not been obtained for
the relocation of those public works facilities now located on the parcels of
land that arc part of the Georgetown Waterfront Park," and alleges - itlheit
vaguely that "[s]uch public works facilities were not relocated within five
years aller the effective date of the 1985 Resolution. Comp!. ,f 40.
Notably, Plaintiff nowhere alleges that it was harmed by the alleged failure to
relocate nny public works facilities. RMhcr, Plaintiff merely urgues that this
failure precludes the valid trans for or administrative jurisdiction over Lot 805
from ever having taken place. See Pl. 's Mem. at 12-16.
sel!iJrldf PlaintiffllllegesthutthcT985Rcso111110nmandatcffthatiifrCkchiifrge
of letters between the Mayor und the NPS provide for a requirement that the
NI'S assume responsibility to "repair, maintain, and protect all wharves,
piers, bulkheads, and similar structures that arc located on the trnnsferred
land or in adjacent waters," but that tho single 1987 Letter, in an act not
the obligation to "repair, maintain, and protect wharves, piers, bulkheads, and
similar structures that arc the subject of leases on the transferred land or in
adjacent waters." Comp!. irif 46-47,
Again, Plain ti ff nowhere alleges thut it was harmed by the alleged limitation
on the responsibility provision. Rather, Plaintiff merely argues that the
1985 Resolution precludes the valid transfer or administrative jurisdiction
over Lot 805 from ever having taken place. Pl.'s Mem. at 12-16.
111ird, Plaintiff alleges that the Council conditioned approval of the 1985
Resolution on the ability of the exchange of letters to include "conditions,
including a reversion ofjurisdiction to the District ... which folly protect the
District ... in the event ... of ... an [a]mendment or cancellation of [a]
January 7, 1985 deed between W<tshington Harbour Associates, Georgetown
Potomac Company, Mount Clare Properties (D.C.) Inc., and the United
States of America[.]" Comp!. ii 41. While the 1987 Letter purportedly
16
sutllciently affirmed that a material amendment to the 1985 Deed would
trigger reversion of jurisdiction to the District, id. ii 43, PlaintilTalleges that a
"Supplemental Deed of Eusements dated March I, 2005" "significantly and
materi<1lly" altered casements provided fbr in the 1985 Deed, therefore
triggering reversion ofjurisdiction to the District, id. ii 44"45.
Once again, Plaintiff nowhere alleges that the supplemental deed harmed its
interests. Rather, Plaintiff merely mgues that even if the transfer of
jurisdiction hud been properly cffoctuatcd, jurisdiction necessarily reverted to
the District in 2005. Pl.'s Mcm. at 16-17.
Even assuming, as the Court is required to do in conducting a standing analysis, that the
foregoing al legations are true, the Court is hard-pressed to find that Plaintiff has constitutional
standing to seek a declaration invulidaling the transfer. For starters, Pbintiff has simply not
alleged tln1t the above specified defects themselves caused it harm. Nor docs Plaintiff appear to
be proceeding under a theory thitt it sutforcd "procedural injury" from the District's allegedly
fl<1wed execution of the transfer. While "procedural injury" may itself constitute injury-in-fact,
Plaintiff has expressly disclaimed any intent to "indcpendent[ly] challenge" the transfer of
jurisdiction as such; rather, it is clear that its att<ick on the transfer process is wedded to its core
challenge to the authority of the Park Defendants to uct under the Lense. See Pl.'s Reply at 11.
In any event, even if Plaintiff were cluiming procedural injury, "plaintiffs scek[ing] to enforce
procedural (rather than substantive) rights ... must establish that 'the procedures in question arc
designed to protect some thrc<1tened concrete interest of [theirs! that is the ultimate basis of
[their] standing."' NB ex rel. Peacock v. District 682 F.3d 77, 82 (D.C. Cir. 2012)
(quoting Lujan, 504 U.S. at 573 n. 8). Herc, Plaintiff has mude n(J showing that the procedural
errors <tlleged relate in any way to its own leasehold interest.
Rather, it is app<1rent from Plaintiffs submissions that the alleged procedural errors arc
Pl<1intiffs way of attacking the underlying validity of NPS's prcsent"day possession of
administrative jurisdiction. The fundamental flaw in Plaintiffs <1pproach, however, is that it hus
17
Case 1:13-cv-00130-CKK Document 29 Filed 03/28/13 Page 18 or 36
failed entirely to show a sufficiently close causal nexus between the tran.yfi!r
jurisdiction to NPS and the assignment of the Lease to NPF. More precisely, Plaintiff has made
no showing that the practical effect of a declaratory judgment invalidating the transfer of
Plaintiff makes an <1dmittedly superb effort to conflate the two transactions in its
submissions to the Court, <1nd the allegations in its Complaint do imply that but for the District's
broader efforts to tnmsl'er administrative jurisdiction, the District would not have assigned the
Lease to NPF. Yet Plaintiff alleges no facts to even suggest that the purportedly defective
execution of the former action necessarily discredits the execution of the l<1tter. As Plaintiff
alleges (mid the record before the Court confirms), the District <tnd the NPF executed the
Assignment Agreement purporting to transfer the Lc<1sc on March JO, 2000. See Compl. ii 28;
Pl. 's Mcm., Ex. 19 (Lease). Plaintiff (lb1i idleges (and the record bet.ore the Court confirms) tlmt
this assignment agreement was executed in an effort to satisfy one of the conditions set forth in
the 1985 Resolution calling for the transfor of jurisdiction. See Compl. 111125-28, 46-55; see also
Pl.'s Mem., Ex. 19 (Lease). Whether or not this condition was satisfied may certainly be
relevant to whether the tnmsfor of jurisdiction was in fact effectuated. However, it docs not
automatically follow that a failure to properly effectuate the trans for, which Plaintiff uttributcs
to a handful of technical flaws wholly unrelated to the assignment of the Lease - bears any
implic<ttion for the independent validity of the Assignment Agreement or the corresponding
status of NPF as holder of the Lease. And Plaintiff has provilkd no <Ii legations or explanation
from which the Court could plausibly in for that it docs.
Nor has Plaintiff satisfied its burden to show that an order declaring the tnmsfor of
jurisdiction ineffoctivc would allevi<1te its alleged injury. An order to this effoct would, as a
18
technical matter, revert jurisdiction over the entire Georgetown Waterfront Park to the District.
However, for reasons explained above, there is nothing in the record indicating that such a
declaration would, operating alone, nullify the Assignment Agreement. While the District and
for purposes of consistency, this would nevertheless require additional action beyond the scope
of the Court's declaration. And "[c]ourts h<we been loath to find standing when redress depends
largely on policy decisions yet to be made by government officiuls." U.S. Ecology, Inc. v. U.S.
Dep 't of Interior, 231 F.Jd 20, 24 (D.C. Cir. 2000). See Tex. Alliance jilr Home Care Servs. V.
Sebelius, 811 F. Supp. 2d 76, 98 (D.D.C. 2011) ("Where, as here, overturning a particular agency
action would not alter the fimtl outcome, redrcssability remains unsatisfied.") (citation omitted).
Furthermore, it is well-established that "it must be 'likely,' as opposed to merely 'speculative,'
that the injury will be 'redressed by a favorable decision."' l,ujun, 504 U.S. <tl 560-61 (quoting
Simon, 426 U.S. at 38, 43). The "likelihood" of the District and NPF taking the additionul step
to reassign the leuse to the District is slim, especially in view of the District's representations that
it equally likely - "if not more so" th<tl the District would "renew its transfer of jurisdiction to
NPS" or, even if the District were. in fact forced to reassume sl<ltus as Plaintiff's lessor, "itself
seek to terminate" Plaintiffs ullcgcd tenancy. District's Mcm. at 7.
Bcci1usc, for all or the foregoing reasons, Plaintiff has failed entirely to demonstrate
causation und redressability, the Court holds that Plaintiff lacks constitutional standing to request
to NPS, or if it did, that such jurisdiction has since reverted to the District. See Comp!. at 21, ~
I (c).
19
2. Assignment of the Lease to NPF
Count One of the Complaint also requests a declaration that the District "never
cffoctivcly assigned" the Lease to NPF. Comp I. at ii I (b). Plaintiff alleges that, although the
1985 Resolution specifically required the District to assign the Lease to NI'S, the District instead
assigned the Lease to the NPF. Compl.1iif 48-55. While PlaintilTacknowledges the passing by
the District of Columbi<i Council of two Emergency Resolutions amending the 1985 Resolution
to permit NPF to "accept the assignment of leases [including the Lc<ise] fbr the [NPS] under the
transfor of jurisdiction authorized by [the 1985 Resolution]," Plaintiff alleges that the
Assignment Agreement concerning its Lease was executed <it a time atlcr one of the resolutions
had expired, <ind before the other resolution became effoctive. See Comp!. 5255 & Ex. 17
(Emergency Resolution (April 4, 2000)); Ex. 18 (Emergency Resolution (December 21, 1999)).
Accordingly, Plaintiff argues tlwt the District faik1d to provide for the assignment of its
Lease to NPF legislatively at the time the assignment was executed, the assignment W<IS invalid.
See Pl.'s Mem. at 14-15.
As shall be discussed in further detail below in the context or the Court's ruling on
Plaintiff's motion for tcmpormy and preliminary injunctive relier, the <ibove allegations are
belied by the cvitknce befbrc the Court, which indicates that the assignment to NPF was in fact
legislatively auth<)rizcd at the time it was e>;ecuted. See i'!fia l\irt Ill.A. However, because the
merits ofa plaintiffs case must be assumed when considering standing, Vietnam Veterans (!f'Am.
v. Shinseki, 599 F.Jd 654, 658 (O.C. Cir. 20 I 0), the Court will presume for purposes of the
present ruling on the District's motion to dismiss the truth of Plaintiffs allegations that the
Assignment Agreement both required and lucked legislative authorization. The Court sh<ill
20
likewise accept as true for present purposes Plaintiff's allegations that it is a party to the Lease
that is the subject of the Assignment Agreement.
In view of these allegations, the Court finds that Pl<tintilT possesses constitutional
standing with respect to its request for a declaration that the District "never effectively <tssigncd"
the Lease to NPF. To be sure, the causal nexus between the District's assignment of Plaintiffs
Lease to NPF in 2000 - seven years before Plaintiff even purpolts to have acquired its claimed
interest in the Lease - and the injury <md threat to Plaintilrs business interests allegedly resulting
from the only recent conduct by the Park Defendants is mit exactly direct. However, because
ultimately neither the NPF nor the NI'S (acting for and with the concurrence of NPF), would
possess the legal authority to take action against Plaintiff in connection with the Lease if the
District had never effectively assigned said Lease to the NPF, the Cou1t finds that Pl<tintiff has
met its burden in showing that its alleged injury is fairly traceable to the execution of the
Assignment Agreement. Plaintiff has likewise sufficiently established redrcss<tbility. In contrast
to a declaration invalidating the broader transfer of jurisdiction, the practical and indeed
<rntomatic effect of a declaration invalidating the assignment would be to divest the NPF from its
purported authority to terminate the Lease.
n. Statute of Limitations
The District has also moved to dismiss Count One, insofar as that Count is <tsserted
against it, on the ground that Plaintitl's claims are time-barred under the three-year statute of
limitutions provided by D.C. Code 12-301(7) and (8). See D.C. Code 12-301(7) (three-year
limitations period for actions involving "simple contract, express or implied"); id. at (8) (three-
year limitations period for actions "for which a limitation is not <ithcrwisc specifically
prescribed"). A defendant may raise the affirmative defense of statute of limitations in a motion
21
to dismiss under Federal Ruic or Civil Procedure l2(b)(6) when the facts that give rise to the
defense arc evident from the focc of the complaint. See Smith-Haynie v. Dislric/ of Columbia,
155 F.3d 575, 578 (D.C. Cir. 1998). The Court should grnnt a motion to dismiss only irthc
complaint on its face is conclusively time-barred, Id. Herc, the face of the Complitint m<ikes
p(ltently clear that Plaintiff is time-barred from asserting both of its specific requests for
declaratory relier applicable to the District - specifically, dcclmations that the District "never
effectively transforrcd" administrative jurisdiction to NPS, or if it did, that such jurisdiction
reverted to the District in 2005, see Comp I. at 21, ,I I (c), and that the District "never effectively
assigned" the Lease to NPF, id. at 'If I (b).
As discussed at length above, all of the actions and omissions giving rise to Plaintiffs
attacks on both the validity of the District's trans for of administrative jurisdiction to NPS and the
District's of the Lease to NPF occurrnd no Inter thun 2005. See Compl. 40
(purported failure to relocate public facilities within five years of the 1985 Resolution); Comp I.
41-45 (alleged reversion of jurisdiction lo the District in 2005 due to amendments to 1985
Deed of Easements); Com 46-47 ( 1987 Letter foiled to include conditions us sl<lted in 1985
Resolution); Compl. 46, 48-49, 52"55 (unauthorized assignment of Lease to NPF instead of
NPS in 2000). Accordingly, applying the thrcc-ycnr stutute of limitations, Plaintiff was
precluded from challenging both the transfer of jurisdiction and the assignment of the Lease long
bcforn it filed the instant Complaint.
Plaintiffs arguments to the contrary <ire unavailing. First, Plaintiff argues that the six-
year federal statute of limitations under 28 U.S.C. 2401(a) (the "Federal Tort Claims Act" or
"FTCA") ..... not the three-year District of Columbia statute of limitations should apply because
the NPS (i.e., the United States) is a party to this action, and also because jurisdiction in this case
22
is f(lunded on fodcral question jurisdiction pursmmt to 28 U.S.C. 1331 (and not diversity of
citizenship under 28 U.S.C. 1332). Pl.'s Opp'n at 8. Plaintiff provides no autll()rity for the
proposition that the FTCA statute of limitations (which applies to actions against the United
Stares, 28 U.S.C. 2401(<1)) governs Count l insofar as it is asserted against the District, a non-
federal dcfondant, and this Court is aware of none. Furthermore, the Court agrees with the
District that Count I, insofar as it is asserted against the District, may be fairly characterized as
asserting a series of contract related claims. Aside from the FTCA, Plaintiff itself proffers no
alternative theory, and several arguments asserted by Plaintiff in fact implicitly validate the
District's charncteri;rntion. See, e.g., Pl.'s Opp'n at 9-11 (citing to cases discussing contract
principles and referring to the Defendants' continued rdiancc on the transfer of jurisdiction and
Second, Plaintiff contends that, in decl<mttory judgment actions, the statute of limitations
docs not begin to run until the party "becomes aware that the 'government has taken an adverse
position."' Pl.'s Opp'n at 9 (citing Minidoka Irrigation Dist. v. DOl,154 F.3d 924, 926, n.l (9th
Cir. 1998)). Plaintiff argues that because it did not become <iwme of the "adverse positions" of
the Defendants until 2012 and 2013, it has timely filed suit. Id. Plaintiff is mist<iken. As the
District correctly rebuts, it is well-established in the D.C. Circuit that the "discovery rule is the
general accrual rule in federal courts." Connors v. llal/mark & Son Coal Co., 935 F.2d 336, 342
(D.C. Cir. 1991). Under the discovery rule, <l clitim li:ir relief accrues at the time the plaintiff
discovers, or with due diligence should have discovered, the injury that is the basis orthc action.
Id. Herc, there is no doubt that all of the alleged defects with the transfer to NI'S and the
assignment to NPF took place long before 2007, when Plaintiff purportedly acquired its interest
23
Case 1:13"cv-00130-CKK Document 29 Filed 03/28/13 Page 24 of 36
the terms of that Lease on April 12, 2007, the date on which it allegedly became a party thereto.
Because Plaintiff instead waited nearly six years afler the date on which it was put on inquiry
notice, any claims it may have had against the District in connection with the Lease are three
years overdue under D.C. Code 12-301(7) ;md (8).
Finally, Plaintiff argues that because all of the defendants in this action continue to the
present day to rely upon the (allegedly invalid) tn1nsfer of jurisdiction and assignment of the
Lease, and their recurring unlawful conduct continues to harm Plaintiff; any applicable statute of
limitations - whether it be the six-year FTCA period or the three-year period alleged by the
District - starts anew mtch month. Pl.'s Opp'n at 9-11. Plaintifl's final argument is likewise
un<w<1iling. As explained above, all of the conduct and omissions on which Plaintiff relics to
frame its challenge under Count l took place between the years of 1985 and 2005, and PlaintifT
was put on inquiry nnlice ur Litt' tmd result of such conduct - namely, the trans for to NPS nnd the
assignment ofthc Lease to NPF - in 2007. While the conflict between the Park Defendants and
Plaintiff giving rise to Plaintiffs present co1npl(1ints is perhaps ongoing, Plaintiff has alleged no
conduct whatsoever by the Distril'I, or with respect to the tn1nsfor or the assignment, that is
recurring in nature.
For ull of the foregoing reasons, the Court holds that Plain ti ff lacks conslitutio11<1I
standing to request a declaratory judgment thut the District "never effectively transferred"
District. See Corn pl. at 21, ii I (c). Further, even if Plaintiff did have standing to bring this
request, such request would be time-barred under the three-year statute of limiMions provided
by D.C. Code 12-30 I (7) and (8). Although the Court finds that, based on the present record,
Plaintiff has constitutiom1I standing to bring its remaining request for declaratory relief against
24
the District- specifically, that the District "never clTcctivcly assigned" the Lease to NPF, id. at ,I
I (b) - this request is also time-barred under D.C. Code 12-30 I (7) and (8).
Accordingly, the Court shall grunt the District's motion to dismiss.
Ill. Pl,AINTIFF'S INJUNCTION MOTION
"The standard for issuance of the extraordinary and drastic remedy of a temporary
restraining order or a preliminary injunction is very high." 'folson v. Stan/on, 844 F. Supp. 2d 53,
56 (D.D.C. 2012) (citation omitted); see also Winter v. Nutural Res. Council, Inc., 555 U.S.
7, 21, 129 S. Ct. 365, 172 L. Ed. 2d 249 (2008) (noting that a preliminary injunction is "an
extraordinary remedy" that may only be awurded upon a clear showing that the plaintiff is
entitled to such relief). "To prcv<iil," the plaintilT must demonstrate "(I) a substantial likelihood
of success on the merits, (2) that it would suffer irrepanible injury if the injunction is not granted,
(3) that an injunction would not substantially injure other interested pm'ties, and (4) that the
public interest would be li.nthcrcd by the injunction." CityFed Fin. Corp. v. Office rd' Thr/fi
Historically, these four factors h<ive been evaluated on a "sliding scale" in this Circuit,
such that a stronger showing on one factor could muke up for a we<tker showing on another. See
/)(lvenport v. Int'/ Bhd. of Teamsters, 166 F.3d 356, 360-61 (D.C. Cir. 1999). The
continued viubility <>f that approach has recently been called into some doubt, as the United
States Court of Appeals for the District or Columbia Circuit has suggested, without holding, that
u likelihood of success on the merits is <in independent, free-standing requirement fr.ir a
preliminary injunction. See Sherley v. Sebe/ius, 644 F.3d 388, 392-93 (D.C. Cir. 2011 ); Davis v.
!'/JGC, 571 F.3d 1288, 1292 (D.C. Cir. 2009). However, absent binding authority <>r clear
25
unresolved issue and proceed to expi<lin why a preliminary injunction in this case is not
appropriate under the "sliding scale" framework. If' a plaintiff cannot meet the less demanding
"sliding scale" standard, then it certainly could not si1tis(y the more stringent standard alluded to
A. Likelihood of Success 011 the Merits
While Plaintiff's Complaint seeks declaratory relief against all defendants, injunctive
relief against the Park Ddcndants, and compensatory and punitive damages in connection with
its tort claims against Nl'F, l'laintifl's motion seeks more targeted temporary and preliminary
injunctive relief against only tho Park Defendants. Specifically, Plaintiff seeks ;m order
restraining and enjoining the Park Defendants from "taking any llirthcr actions whatsoever that
interforc in any manner with the continuing operation of .lack's Boathouse by [Plaintill],
including without limitation, seeking or threatening Lo terminate the Lease or evict [Plt1intiffl
without a Court Order following a final judgment on whether the NPF and/or the NI'S have the
power imd jurisdiction to do so." Pl. 's Proposed Preliminary Injunction Order, ECF No. [ 12-2],
Accordingly, the question before the Court on Plaintiff's instant motion is whether Plaintiff is
likely to succeed on the merits of its claim that NPF and/or NPS have no legal authority to take
action against Plain ti ff in connection with its alleged leasehold interest.
"The first component of the likelihood of success on the merits prong usually examines
whether the plaintifls have standing in a given case," Barton v. District rd' Columbia, 131 F.
Supp. 2d 236, 243 (D.D.C. 2001) (citing Steel Co. v. Citizens,F>r a Better Environment, 523 U.S.
83, I 0 I ( 1998)). For reasons articubted supra Part I I.A. I, the Court has alrc<1dy determined that
Plaintiff lacks constitutional standing to bring its claim for <l declaratory judgment that the
District "never effoctivcly transforrcd" administrative jmisdiction to NPS (or that if it did, such
26
jurisdiction has since reverted to the District), which Plaintiff asserts against all Defendants
collectively. See Com pl. at 21, ii I (c). However, all other cluims falling within the scope of
Plaintiffs instant motion- specifically, its requests for declaratory judgments that Plaintiff is a
lessee under the Lease; that the Lease was never effectively ussigned to NPF and that NPS is not
a party to the Lease; that the Park Defendants' decision lo terminate the Lease is n()l permitted
by any District of Columbi<1 assignment, resolution, act, letter, or authority; that neither <lf the
Park Defendants have the power or m1thority to terminate the Lease; and its request for a
permanent injunction against the Park Defendants from interfering with the business operations
or or evicting Plaintiff - all appear to bear a sufficiently close causal nexus (and would
theoretically remedy) the alleged injury to Plaintiffs business interests stemming from the recent
conflict with the Park Defend<1nts over its leasehold interest. For this reason, Plaintiff has m<Jre
likely than not established constitutional st<lllding lo bring those claims. See Lujan, 504 U.S. at
561 ("irreducible constitutional minimum of standing" requires "injury in fact" that is "fairly
traceable" to the defendant's chullenged conduct and "likely" to be "redressed by a favorable
decision"). While the Park Defendants broadly assert in their combined opposition to Plaintiffs
motion/motion to dismiss that Pl<1intiff lacks constitutional standing to bring all of its claims, it is
evident from their reply brief submitted in connecti<m with their motion lo dismiss that their
standing argument is more accurately described as confined to Pli1inlif"l"s underlying attack on
the transfer ofadministrativcjurisdiction. See Park DctS' Reply at 3. Accordingly, the Court is
satisfied, for purposes of the instant request for preliminary relict; that Plaintiff more likely thim
not has standing to bring its claims against the Park Defendants, save for its request for u
declaratory judgment invalidating the transfer of jurisdiction.
27
C<:1se 1:13"cv"00130-CKK Document 29 Filed 03/28/13 Pctye 28 uf 36
In order to succeed on the merits of those claims, Plaintiff must prove both that it is a
party to the Lease nnd that the Park Defendants do not p<issess the authority to take adverse
action against him in connection with its interest in the Lease. Even assuming arguendo thiit
Plaintiff c<1n establish that it docs in fact have a leasehold interest in Lot 805 .,,. either ;ts a
successor in interest to the Lease or under an implied month-tcHnonth lease resulting from
Pl;1intitl' s payment of monthly rental since 2007
5
..... the Court finds for the bek>w reusons that
Pl<tintiffhas failed to rnuke a sufficient showing that it is likely to prove that NPF or NPS (acting
for and with the concurrence of NPF) lack capacity to act under the Lease, including to terminate
it.
First und foremost, Plaintiffs allegation that the Lease was never "effectively assigned"
to NPF is belied by the documents attached as exhibits to the parties' submissions - most
notnhly, the Mm-di JO. 2000 Assignment Agreement between the nnd Nl'F, which
PfalntifT submitted with its motion and which evidences the District's full assignment of all of
the tltcnexisting leases on the Georgetown Waterfront Park to NPF, and NPF's corresponding
"unconditional[ ] assum[ption ot1 all or the responsibilities, obligations, und liabilities of [the
District] under the Lease[.]" See Ex. 19 (Assignment Agreement). Additionally, the
correspondence between NPF and NPS submitted by the Park Dcfondants in support of its
motion demonstrntcs that shortly prior to the execution <>f the Assignment Agreement, the NI'S
directed the NPF to accept the District's assignment of the Lease and also "accept[edJ
appointment as [NPF's] agent fbr purposes of fulfilling all obligations, and pursuing all rights
5
Even this fact, however, is in dispute, See Park Dets' Opp'n at 3; see also Pl.'s Mem., Ex. 14
(Press Release entitled "National Park Service Invites Proposuls for Georgetown Boat Rental"
(Jan. 18, 2013) ("The NI'S began working with Mr. Simkin[, Owner or Jack's Canoes & Kayaks,
LLC] last year to convert the operation to a concession contract, starting with a noncompetitive,
short-term agreement, but in the process discovered that the lease had never been legally
transferred to him, thus necessitating a competitive process lo award u contract.").
28
imd remedies to the terms and provisions of the Lease[J, in accordance with [its] terms[.]" See
Park Dcts' Reply, Ex. I (Letter from Terry R. Carlstrom, Regional Director, NPS to James D.
Maddy, NPF President (Sept. 24, 1999)), ECF No. [26-1 ]. See also id., Ex. 2 (Letter from Terry
R. Carlstrom, Regional Director, NPS to Hon. Anthony Williams, Mayor of the District of
Columbia (Sept. 24, 1999)), ECF No. [26-2] ("The [NPS] hereby requests and <1uthorizes the
District of Columbia to assign the Leases to the [NPF] in fulfillment of the obligations of [the
I 985 Resolution] and acknowledges <md agrees that such assignment to the NPF shall tu Ifill the
oblig<1tion of the District of Columbia with respect to assignment of the Leases to the [NI'S].").
While Plaintiff alleges that the Assignment Agreement itself is invalid due to u luck of
legislative authorization for the assignment to NPF, the Court finds this allegation likewise
dubious. Preliminarily, Plitintiff cites .... somewhat misleadingly- to a statement from the Office
of Corporation Counsel of the District of Columbia (now the Attorney Gemm1l's Office) for the
assertion that the Assignment Agreement, standing on its own, lacks validity without legislative
authorization. See Pl.'s Mem. at 14. However, the document to which PlaintifT cites indicates
that Corp<mttion Counsel opined, "that legislation is necessary to authorize the assignment of
leases to the [NPF] rather than the [NPS]." See Pl.'s Mem., Ex. 17 (Emergency Resolution
resolution, which is expressly described us relating to the "need to clarity that the [NPF] can
accept the assignment of leases for the NI'S under the lransfer (ifjurisdiction authorized by /the
1985 Resolulion/." Id. (emphasis added). In other words, while Plaintiffs postuluti<m that the
more plausible interpretation of the cited statement indicates that the legislation was instead
29
Cuse 1:13,cv-00130-CKK Document 29 Filed 03128/13 Page 30 ur 36
required to ;unend the 1985 Resolution to ensure that <issignment to NPF would fulfill its original
terms, thereby satisfying the conditions for the trnnsfor of.jurisdiction.
More critically, however, even assuming mxuendo that Plaintiff is correct that the
Assignment Agreement is itself necessarily null and void without authorizing legislation, the
rcc(ll'd before the Court indicates that there was, in fact, authoriz.ing legislation. As
<1forcmentioncd, Plaintiff acknowledges the p<issing by the District of Columbia Council of two
for the [NI'S] under the transfer ofjurisdiction authorized by [the 1985 Resolution]," but alleges
that the Assignment Agreement concerning its Lease was executed at a time atler one of the
resolutions had expired, and befrire the other resolution became effective. Sw Comp!. ,1,1 52-55
& Ex. 17 (Emergency Resolution (April 4, 2000)); Ex. 18 (Emergency Resolution (December
7. l, l 999)). Howcvtr, lht Assignment Agreement itself provides as follows:
WHEREAS, the Council enacted Act No. 13-252, the "Transfer of Jurisdiction over
Georgetown Waterfront Purk for Public Park <md Recreational Purposes, S.O. 84-230,
Emergency Act of 1999", effoctivc Janu;iry 27, 2000, amending the Resolution to
Pl.\ Mem., Ex. 19 (Assignment Agreement).
Curiously, neither party has directed the Court's attention to the referenced lcgisl<ition,
but the publicly available act corrobonites this provision. See D,C. Act 13-252 (Jammry 27,
2000) C'Thc phrase 'National Park Service' in section 3(7) of [the 1985 Resolution! includes the
'National Park Foundation f(ir the benefit of the National Park Service.'") This given, Plaintitrs
consequently inoperative are unlikely to be sustained upon an adjudic;ition on the merits.
Beyond its allegations or a want of authorizing legislation, the only other support Plaintiff
pmffcrs for its claim that NPF is not its proper lessor is its far-reaching challenge to the whole
30
transfer of jurisdiction process. As the Park Defendants accurately contend, the near entirety of
the capacity to terminate the Le<1sC because NPS never acquired udministrativc jurisdiction over
uny ()f the Georgetown Waterfront Park from the District. Park Deis' Reply at 3. However, as
explained at length in the context of the Court's ruling on the District's motion to dismiss, see
supra Part II, because Plaintiff hus foiled to show that the procedural infirmities thiit allegedly
infected the broader transfer process relate to the v<ilidity of the assignment or to any other of
Plaintifrs asserted interests, Plaintiff lacks standing to challenge the sMus of NPF as its lessor
on this ground.
Finally, even putting aside all evidentiary and standing barriers as a contractual and
indeed equitable matter, the record presently before the Court would likely support" finding that
to the extent Plaintiff or its alleged predecessors-in-interest ever had valid grounds to object to
the transfer of jurisdiction or the assigrnnent of the Lease, such objections have since been
waived. Neither of PbintifTs two purported predecessors arc alleged to have challenged either
transaction when originally executed. Further, Plaintiff itself; by objecting to neither the transfor
nor the Lease assignment upon acquiring the cl.iimcd lci1schold interest and by paying monthly
rent checks to the NPF since its incorporation in 2007, see Comp!. ilil 30-31, has in all likelihood
waived imy challenge it may have initially had regarding the status of the NPF as its lessor. See
Acme Process Equip. Co. v. United States, 347 .F.2d 509, 515-518 (Ct. Cl. 1965), rev 'don other
grounds, 385 U.S. 138, 87 S. Ct. 350, 17 L.Ed.2d 249 (1966) (holding that a contracting party
was barred from enforcing a material breach that it had for too long allowed to go unprotested);
accord Dean v. Garland, 779 A.2d 911, 916 (D.C. 2001) (where defrauded party affirms the
31
case 1:13-cv-00130-CKK Docurnent 29 Filed 03/28/13 Page 32 of 36
contract through continued performance despite knowledge of breach, that party is precluded for
Having established that Plaintiff is unlikely to succeed on the merits of a claim that NPF
is not its lessor, the Court shall turn lastly to Plaintill's request lor an injunction specifically
precluding the Pmk Defendants from terminating its Lease or causing it to vacate Lot 805. This
request need not detain the Court long. While Plaintiff wgucly alleges that the Lease is
"indefinite," see Pl.'s All,[ 4, the Leuse itself- a copy of which Plaintiff attached to its motion
unequivocally indicates that it is a "temporary," "month-to-month" lease. Pl.'s Mem., Ex. 4
(Lease) at I (emphasis added). The Lease also expressly provides that "if no default occurs on
the part of the Lessee, then he shall be entitled to thirty (30) days' notice to vacate the premises,
which notice shall be given in writing 11t least thirty (30) days before suid occupancy is intended
to be termi.nnted." ld. at 3-4.
Plaintiffs ability to successfully dispute that it has already received the notice required
under the terms of the Lc;1se is extremely doubtful, as the Complaint itself st<1tes that "[o]n
January 18, 2013, the NI'S provided a letter to [l'luintiff[ ... informing [Pl<tintiffl that the NPS
intended to termin<1tc the Lease upon execution of a concessions contract by the end of February
2013." (\impl. ,I 36. See also Pl.'s Mem., Ex. 13 (Letter from Stephen E. Whitesell, NI'S
Regional Director, to Paul Simkin, Owner of Jack's Canoes and Kt1yaks, LLC (Jan. I B, 2013))
(indic;1ting that the NPF concurs with this action)). Furthermore, it is undisputed that on Murch
I, 2013, the NPS sent Plaintiff a letter (which the NPF President signed in concurrence),
providing thirty-seven days' notice or termin;1tion. See Pl. 's Emcrg. Mot. and Mem. for
Contempt, FCF No. [ 15], Ex., at 6 (Letter from Stephen E. Whitesell, NI'S Regional Director, to
Paul Simkin, Owner of Jack's Canoes and Kayaks, LLC (March I, 2013 )). The langu<1ge of the
32
March I, 2013 letter is unequivocal: "This letter serves as notice to Jack's Cnnocs & Kayaks,
LLC, to tcrminittc its occupancy of the premises at Lot 805 in Square 1179 on or before 11 :59
p.m. on April 7, 2013[.J" Id.
Plaintiff argues that the Park Defendants' decision, as stated in the above correspondence
to terminate the Lease and install a concessionaire without a court order amounts to a
eviction," which is illegal under District of Columbia law. Pl.'s Mem. at 11-12 (citing Mendes v.
Johnson, 389 A.2d 781, 787 (D.C. 1978); Young v. District <!l Columbia, 752 A.2d 138 (D.C.
App. 2000)). The Park Defondiints contend that fodcral common law and general principles of
common landlord-tenant law apply to the Lease --not any specific provisions of the District of
Columbia Code. Park Defs' Opp'n at 18. Ultimately, the Court need not, and shall not, resolve
the parties' dispute on this issue, as Plaintiffs allegations of eviction me not ripe.
The Park Defendants have provided Plaintiff a notice to vac<1te by April 7, 2013, in accordance
with the notice provisions of the Lease. Any claim regarding what the Park Defendants may or
may not do aller that date to enforce their alleged right tll p()sscssion of the premises is simply
too speculative to state a claim for relic[
For al I of the foregoing reasons, the "likelihood of success on the merits" factors weighs
heavily against grunting Plaintiff the requested preliminary injunctive relief.
To establish irreparable harm, a plaintiff must show th<it its injury is "great, actual, and
imminent." Hi.'fech Pharmacal Co. v. U.S. Food & Drug Admin .. 587 F. Supp. 2d I, 11
(D.D.C. 2008). Pli1intifT must also "demonstrate irreparable injury is likely in the absence of an
injunction." Wimer, 555 U.S. at 22 (emphasis in original). Further, the law of this Circuit is
clear that economic loss, in and of itsclt; docs not constitute irreparable harm. Wis. Gas Co. v.
33
Case 1.:13-cv-00130-CKK Document 29 Filed 03128/13 Page 34 of 36
!"ed. Energy Regulatory Comm 'n, 758 F.2d 669, 674 (D.C. Cir. l 985). "Recoverable monetary
loss may constitute irreparable lnmn only where the loss threatens the very existence of the
movant's business." Id.
Here, Plaintiff contends that if the Court docs not grant the requested preliminary relict;
the "very existence" of its business will be destroyed. PJ's Mcm. at 3; see also !'l's Aff. ,1,120-
22. Specifically, Plaintiff <isscrts that there is no other place on the Potomac River where its
business could be opcn1ted. Pl.'s Aff ,120. Plaintiff fi.1rther asserts that if it is forced to v<1c<1te
the premises, leaving behind all fixtures and equipment that it has spent hundreds oftlwusands of
such equipment and resuming its business elsewhere. Id. ,1,120, 22. This is becuusc, as Plaintiff
explains, much of the equipment for example, custom-built deck and dock structures is not
usable at any other location and/or cannot be removed from the property without being
./
destroyed. Id. ,120; PJ.'s Mcm. at 20.
As the Park Defendants appropri<1tcly retort, however, Plaintiffs submissions seem to
Opp'n at 17. At best, PlaintifT is, as it claims to be, a successor to the Lease - the terms of which
Plaintiff has not and could not dispute unequivocally provide for a "month-to-month tenancy."
See Pl.'s Mem., Ex. 4 (Lease) at l. Irrespective of the identity of Plaintifl"s lessor, since the day
Plaintiff alleges to have acquired the Lease almost six years ago, Plaintiff has faced the
possibility of termination of its possession of Lot 805 upon thirty-days notice. While the Court
docs not dm1bt that financial difliculty may befall Plaintiff if it is forced to vacate and leave
behind certain fixtures on the premises, the fact remains tll<lt at the time Plaintiff made those
alleged investments, Plaintiff was on inquiry notice that at most, it possessed a 111onth to moth
34
claim to its occupancy of the premises. Accordingly, the Court c<1nnot conclude that the alleged
injury is sufficiently severe to constitute irreparuhle harm.
Additionally, it bears mention that Plaintiff knew of Nl'S's plans to convert the
operi1tions at the premises to a concessions contract as of no later than August 2012, see Comp!.
~ 32, and indeed hud the opportunity to apply for the RFQ but elected not to do so, precluding
the possibility that NPS would select Plaintiff as the concessionaire going forward. Further,
Plaintiff inexplic<1hly waited an entire month ufter having received notice of NPS's notice of
termination before filing the request for temporary and preliminary relief presently before the
Court. Plaintiff's delay and its decision not to apply for the RFQ undermine any argument that
its injury is of "such imminence that there is a 'clear und present need for equitable relief to
prevent irreparable harm."' See Brown v. District 1!f'Columbia, 888 F. Supp. 2d 28, 32 (D.D.C.
2012) (quoting Fed. Maritime Comm 'n v. City of Los Angeles, 601 F. Supp. 2d 192, 202 (D.D.C.
2009)).
inquiry." Trudeau v. FTC, 384 F. Supp. 2d 281, 296 (D.D.C. 2005), qff"d, 446 F.3d 178 (D.C.
Cir. 2006). For the reasons stated above, the Court finds that Plaintiff has failed to make the
requisite showing here. Accordingly, this factor also weighs against the issuance of a
C. Injury to Other Interested Parties nnd Public Interest
Finally, a plaintiff seeking a preliminary injunction must estuhlish that the balance of the
equities tips in its favor, and that an injunction would he in the public interest. Winter, 55 U.S. at
20. The Court doubts thut even the most compelling showing in this regard could compensate
for Plaintiffs failure to demonstrate a likelihood of success on the merits or irreparable hurm.
35
Case 1:13-cv-00130-CKK Document 29 Filed 03/28/13 Paye 36 ur 36
Even so, the Court finds that the equities and the public interest also weigh against the issuance
ofa preliminary injunction in this case, as granting Pl<1intiffthe requested relief' would usurp the
NPS's determination that, in order to abide by its statutory mandate to provide services to
visitors on national park lands under carefi.illy controlled sateguards, the provision of non-
motorized boat rental and ston1ge shall be performed under a concessions contract. Further,
there will be no injury to other interested parties, as the availability of boat rental and storage on
the premises will continue into the future through the operations ofthe selected concessionaire.
IV. CONCLUSION
Considering the record as a whole, the Court nnds that Plaintiff has failed to make a
"clear showing" that it is entitled to the "extraordinary remedy" of <I preliminary injunction.
Winier, 555 U.S. at 21. 'fherefbre, and for the reasons set forth above, Plaintiff's [ 12] Motion for
Temporary Restraining Order and Preliminary Injunction is DENIED.
Further, because Plaintiff' lacks constitutional standing to request a declaratory judgment
that the District "never cf'foctivuly tn1nsforred" administrative jurisdiction to NPS, or if it did,
that such jurisdiction has since reverted to the District, see Comp I. at 21, ii I (c), and because
Plaintiff is also barred by the applicable statute of limitations from asserting the entirety of its
request for decl<1n1tory relief against the District, the Court shall GRANT the District's [ 19]
Motion to Dismiss.
The Court shall address the Park Defondants' [22] Motion to Dismiss by separntc order at
a later dute.
An appropriate order accompanies this Memorandum Opinion.
-- js/ -----------
36
UNITl<:D STATES DISTRICT COURT
FOR TUE DISTRICT OF COLOMHIA
,JACK'S CANOES & KAYAKS, LLC,
f>lainti ffs,
v.
Defendants.
ORDER
(March 28, 2013)
March, 2013, hereby
ORDERED that Plaintiffs [ 121 Motion ft.Jr Temporary Restraining Order and
Preliminary Injunction is DENIED; and it is further
ORDERED that Ocfendunt District of Columbia's [19] Motion to Dismiss is
GRANTED. Accordingly, the District of Columbia is hereby dismissed as a defendant in this
action.
SO OllDii'.RED.
Isl
,_, __.,.. ~ ~ ------
COLLKgN KOLLAR-KO'l'l<'.LLY
Jack's Canoes & Kayaks, LLC v. NPS, et. al.
Lackey, Melissa <melissa.lackey@sol.doi.9011> Wed, Mar 20, 2013 at 10:21 AM
To: Stew Whitesell <stew_whitesell@nps.goV>, Lisa Mendelson <lisa_mendelson"lelmlni@nps.goV>, Tam Morrison
<tara_morrison@nps,goV>, Stew LeBel <stew_lebel@nps.goV>, Tammy Stidham <tammy _stidham@nps.9011>,
Jennifer Am:elmo-Smlos <jenny_anzelmo-sarles@nps.9011>
Attached for your records is a copy of a supplemental brief filed on behalf of NPS and NPF yesterday in response
to an order from the Court allowing the DGfendants to reply to c0rtain of the Plaintiffs assertions in the brief it filed
last Friday.
Melissa Lackey
Attorney Advisor
U. s, Department of the Interior, Office of the Solicitor
Mail Stop 5311
Phone: 202 513"0733 Fax: 202 208-3877
This e"mall (including any and all attachments) is intended for the use of the individual or entity to which it is
addressed. It may contain Information that is privileged, confidential or otherwise protected by applicable law. If
you are not the intended recipient or the employee or agent responsible for deliwry of this e"mall to the intended
copies.
't':l Jack's Canoes ECF Filed Reply to MTD.pdf
148K
----. ~ ~ ' ' ' ' ' - - - - - - - ~ .. -
)
)
)
) Plaintift;
v.
NATIONAL PARK SERVICE, er al.,
Defendants.
)
)
)
)
)
)
- - - - - - - - ~ - - - - )
FEDERAL DEFl,NDANTS' REPLY IN SUPPORT OF THEIR
MOTION TO DISMISS PLAINTlFF'S COMPLAINT
Pl<tintiff Jack's Canoes & Kay!lks, LLC, operating under a month-to-month lease, has
come to this Court seeking extraordinary relief unavailable to it under the law in an <lltcmpt to
overcome a series of bad business decisions. Plaintiff's opposition [ECF No. 24] to Dcfondants'
National Park Service ("NI'S") and National Park Foundation (the "Foundation," along with
NPS, the "Federal Defendants") Motion to Dismiss attempts to muddy the waters by using
circular and inherently contradictory logic in support of its arguments. But despite its public
statement that it "expects the litigation to drag on for at least a year or two, allowing Jack's to
continue operating ... "(Pl. Erner. Mot. [FCF No. 15] at 17), Plaintiffs legal gymnastics do not
overcome the basic, undisputed facts in this case:
I. At most, Pbinti ff had a claim either as a successor in interest to a 1973 month-to-
month leuse (See Ex. 4 to Pl. Mot. for Temp. Restraining Order [ECF No. 12-7] at 4-
5); see also Pl. Opp. [ECF No. 24] at 12), or an implied month-to-month lease due to
regular, monthly rental payments, see Restatement 2d Prop., Land. & Ten. 1.5(d);
2. Plainti!Trcccived more than ample notice ofNPS's intention (Comp!. 1132) to convert
the non-motorized bo<tt services provided on the public land in question from a
leasehold to a concessions contract pursuant to l'cdcral mandate, see 16 U.S.C.
5951-5952;
3. Plaintiff was given notice of NPS's termination of any leasehold interest Plaintiff
might have held, but also given the opportunity to compete fl>r a temporary
concessions contract (See Ex. 13 to Pl. Mot. for Temp. Restraining Order);
4. Plaintiff knowingly and willingly failed to submit a rnsponse to the Request for
Qualifications; and, therefbre
5. Due to this failure, Plaintiff was ineligible to receive the temporary concessions
contn1ct and must vacate the public land on which it has operated. (See Pl. Emer.
Mot. [ECF No. 15] at 6.)
As Plaintiff has not (and cannot) state nny viable claim demonstrating why NI'S may not flilfill
its statutory mandate and mission by providing clean, safo, and affordable non-motorized boat
services through a temporary concessions contract, Plaintiff's complaint should be dismissed.
I. PLAINTIFF'S OPPOSITION DIRECTLY CONTRADICTS
ITS COMPLAINT'S RELIANCE ON A CLAIM OF ALLEGED DEFECT IN THE
TRANSFI<:f.!. OF ADMINISTRATIVE JURISDICTION; THIS CONTRADICTION
REVEALS WHY PLAINTIFF CANNOT STATE A CLAIM
It cannot be disputed that Plaintiff's only leasehold interest on the property in question
(Lot 805 in Sqm1re l 179 of the District of Columbia) was a month-to-month lease, either under
the 1973 lease between the District of Columbia and the parents of Piaintitl's former business
partner or under an implied month-to-month lease due to Plaintiff's payment of monthly rental.
Similarly, it cannot be disputed that NI'S has given ample notice to Plaintiff that any lease has
been terminated and Plaintiff must now vacate the premises on April 7, 2013. Thus, PlaintiWs
2
entire complaint rests on a theory that the Fedcrnl Defondants somehow do not have the capacity
to perform this action because the NI'S never i1cquircd administrative jurisdiction over Lot 805
iiom the District of Columbia. (See Com pl. <it 3, ii 7(b); id. at 7-9, ilif 20-32 (outlining factlml
allegations related to the administrative transfer or the property from the District to NI'S); id. nt
I 1-16, ilil 39-57 (describing how Plaintiff is entitled to declaratory relief because of its
allegations of defects in the transfer of administrative jurisdiction); id. at 2 I, ii I (a)-(c) (asking
the Colirt frir declaratory relief based upon PlaintitTs allegations of defects in the transfer of
administrative jurisdiction).) Plaintiff Jacks stimding to attack the <tdministrative transfer because
either: a) it was not a party to the lease at the time of the tnmsfor of administrative jurisdiction
and cannot assert general ta1'payer standing; b) its claims arc time-barred; or c) it has waived
these claims.
1
In its opposition, though, Plaintiff claims that the Federal Defcnd<mts' standing
arguments are "narrowly directed upon a single and particular assertion" that the "administrative
transfer ofjurisdietion from the District of Columbiu to the NPS was incomplete and cllcctive."
(Pl. Opp. at I I .)
2
Plaintiff then st;itcs that it "asserts a cause of action us a tenant under the 1973
Lease between the District of Columbia and Jack's LLC's predecessors. The Plaintiffs rights us
a tenant go directly to the merits of their [sic] case and, us such, must be assumed when
considering the Plaintiffs standing." (Id. at 12.) But, as just noted above, Plaintiff cannot
dispute that even that lease was a month-to-month lease and that Plaintiff has received more than
The Fl.Xlt:tat l)cfCndants also cxp!'essly join in the a!'gumcnts applicable to them set forth by
r.>istrict of'Colun1bia.
Puzzlingly, Plaintiff correctly notes that thi.; Federal r.>ct'cndants several argutncnts to why the
PlaintitT docs not have sti111ding to bring any oj'it,,,. c/ailn.f' (Pl. ()pp. at 11 (cn1phw1is added)), but then attempts to
cha..i,;lisc the Fcdct'al Defendants fhr not
11
idcntify[ing:J clahns thr which lhc Plaintiff lacks st1ndlr1g."
(Id al 11 r>.2.)
3
Case 1:13-cv-00130-CKK Document 26 Filed 03/19113 Page 4 of 15
ample 11otice of termination. Thus, just ns Plaintiffitsclfsl<lted in its complaint, its only basis for
any relief is a claim based on an alleged dcfoct in the transfor of administrative jurisdiction
between the District and NI'S - a claim for which it lacks standing.
A. Plai11tiff' Cotnnot Contest the Trn11sfcr of Administrative .Jurisdiction
As the Federal Dcfendnnts discussed in their Motion lo Dismiss, Plaintiff l<1cks standing
to contest the transfer of adn1inistralivc jurisdiction over Lot 805 from the District to NI'S and.
subsequently, the assignment of rents to the Foundation, for a variety of reasons. As set forth in
the Federal Defondm1ts' Motion to Dismiss, since Plaintiff was neither u party to the 1973 Lease
nor had possession of the premises when the tnmsfor of administrative jurisdiction took place, it
has no basis to contest the past transfer. First, Plaintiff may not claim general taxpayer standing
to challenge the past transfer of administn1live jurisdiction over Georgetown waterfront property
from the District of Columbia to the NI'S. See DaimlerC:hrvsier Corp. v. Cuno, 547 U.S. 332,
342-46 (2006).
Second, Plai11tilT's attempt to challenge either: a) the decision of the NPS to accept the
transfer of administrative jurisdiction (or any alleged flaws in that transfer); or b) the NPS's
direction for the assignment of rents to the Foundation, is untimely. "Unless another statute
prescribes otherwise, a suit challenging final agency action pursuant to section 704 must be
commenced within six years after the right ofaction first accrues." Harris v. F.A.A., 353 F,3d 1006,
1009-10 (D.C. Cir. 2004) (citing 28 U.S.C. 2401(a); Sendra Cwp. v. Magaw, 111 F.Jd 162, 165
(D.C. Cir. 1997)). "The right or action first accrues on the date of the final agency action." lei.
(citing Sendra Corp., 111 F.3d at 165.: lmpro Prods., Inc. v. Block, 722 F.2d 845, 850-51 (D.C. Cir.
1983) ("In this case, where no formal review procedures existed, the cause of action accrued when
the agency action occurred.")). Plaintiff seems to contest the assignment of the leasehold interest to
the Foundation. (Se" Comp!. at 8, 1126.) Plaintiff notes in its complaint that this action occurred in
4
Case 1:13CV00130-CKK Document 26 Filed 03/19/13 Page 5 of 15
April 2000, therefore, any claim that Plaintiff may attempt to raise related to that assignment is time-
barred under the APA's six-yenr statute of limitations by almost seven (7) years. Thus, any such
claims should be dismissed.
Third, Plaintiff fails to distinguish its attempt to ch<tllengc the transfer of <tdministrativc
jurisdiction from the District to NPS from the facts in Autozone Dev. Corp. v. District '!/Co/um.,
484 F. Supp. 2d 24, 28-30 (D.D.C. 2007). ln its opposition, Plaintiff argues that Autozone is
distinguishable because the plainti!Tthcrc had no change in its leasehold interest upon the change
in ownership. (Pl. Opp. ut 12) But that is exactly what happened h ~ r - upon the transfer of
administrative jurisdiction, the Plaintiff cannot point to any change in its (or its prcdecesMl1's')
leasehold interest. In fact, the rent amount ($356 per month) stayed exactly the s(une. Thus,
Plaintiff lucks standing to challenge the transfer of administrative jurisdiction now and its
complaint fails to state a claim.
B. Plaintiff Has Wnivcd Any Challenge to the Transfer of Admiuistrntive ,Jurisdiction
Additionally, Plaintiff seems to suggest that the 1973 Lease between the District of
Columbia and the parents of Plaintiff's former business pmtner could not be assigned from the
District of Columbia to the Foundation (a tnmsaction conducted via public, government
documents) -- while Plaintiff itself claims a valid <tssignmcnt through the supposed beque:ithing
of the month-to-month leuse from the original parties to the lease to their son upon their death
who subsequently then transforred his rights to the month-to-month lease into Plaintiff limited
liability company. Putting aside whether either of these purported transfers of interests was valid
either under the terms of the 1973 Lease or under general landlord"ten<mt law principles, Plaintiff
has w<1ived any challenge of the assignment of the 1973 Lease to the Foundation by paying
monthly rent checks to the NPF since its founding in 2007. See l.ing"J'emco-Vought, Inc. v. U.S.,
475 F.2d 630, 637 (Ct. Cl. 1973); see also Comp!. at 8, iii! 303 I ("Since its incorporation in
5
2007, Jack's LLC has been timely paying rent to the NPF. Between 2007 and August 2012, the
NPF regularly cashed Jack's LLC's rent checks.").
If Plaintiff believed that the Foundation was not the proper recipient of its rent checks 01
that there was some alleged defect in the t1w1slcr of administrative jurisdiction, Plaintiff waived
such a claim when it paid its rent checks to the Foundation over a five year period. First, <ls the
Federul Defendants noted in their Motion to Dismiss, the Federal Circuit has noted, "It is well
settled that contracts to which the government is a party - and though a lease may concern and
convey a property interest it is also vcry much a contruct - are normally governed by federal law,
not by the law of the state where they are made or performed." Prudential Ins. Co. qf'America v.
United States, 801 F.2d 1295, 1298 (Fed. Cir. 1986). Therefore, the law governing the lease is
federal contract luw. Thus, Plaintiff has waived <lily claim of improper assignment for, as the
Court of Claims st1id in Ling-Temco:
There is, of course, venerable authority that, wherever a contract not alrcndy litlly
performed is continued in spite of a known breach, the wronged party cunnot avail
himself of th<it excuse . As a general proposition, one side cannot contim1e Mler a
material breach by the other*, uct as if the contract remains fully in force (ulthough
stopping perfonmmcc would be foir and convenient), run up damages, and then go
suddenly to court.
475 F.2d <It 637 (alterations in original) (citation and quotution omitted). As Plaintiff failed to
alert NPS or the Foundation to its concerns or immediately note its protest to the District of
Columbia, it has waived any claims of invalid assignment and cunnot state a claim under this
.,
theory as a matter of law.
()f cou!'St\ Plaintiff rnay have decided not to protest the lease (and thcrcf\)t'C decided to waive any i.ssucs lt
now uttc1npts to here) to which it to bccornc u upor1 Plaintiff's inception as that lease \VUS a
1nonthftlom1no11th lease which rcquin:d the payrncnt of only $356 per tnonth in rent lo conduct opcratk)ns on
C..lcorgct(iwn walcrrront pl'opclty,
6
Case 1:13-cv-00130-CKK Document 26 Filed 03119113 Page 7 of 15
C. Plaintiff Hns Received More th>1n Ample Notice of the Termination of Any Lease
In yet another example of Plaintilfs propensity to contradict itsdl; Plaintiff states in a
fbotnote that "the NPS and NPF refer repeatedly to the termination of Jack\ LLC's lease, [but]
they refuse lo provide any dct<1ils us to when and how this termination was effected." (Pl. Opp.
m 17 n.3.) Plaintiff itself; however, stated in its complaint, "this action seeks injunctive relief
from the NPS'.1 J11n1111ry 18, 21113, deci.1ion contained in 11 RequeM fiir Qu11l//iC11tion to
termin11le Ille 1973 le11se, under which Jack's LLC has been a tenant since April
2007" (Comp!. at 2, ii 2), and "011 J11nu111y 18, 2013, Ille NPS provided 11 leller /11 J11ck'.I' LLC
withdrawing its December 18, 2012, eviction letter and i11ji1rming Jack '.1 LLC tlt11t the NPS
intended 111 ler111i1111te the Lease upon execution of 11 conce.1.1iom c1mtr11cl by tlte end
2013." (Id. at 10 36 (emphasis added).) Therefore, there can be no disagreement that
any leasehold ck1im that Plaintiff had was properly termim1ted by no later than Janu<1ry 18, 2013,
and Plaintiff has received more than ample notice. Thus, Plitintiff must vacate the premises by
April 7, 2013. l'rudentia/, 801 F.2d at 1298 ("It is a covenimt, either express or implied, of all
leases for a definite term that the lessee will vacate the kasohokl at the expiration or termination
of the lease.") (quotation and citation omitted).
Further, Plaintiffs attempted reliance on the 1973 Lease for additional protections is
misplaced at best. Plaintiff attempts to sidestep the holding in Prudential that federnl contracting
law and general common law apply to ie<1scs on federal land by asserting:
Any belief held by the NI'S andthc NPF (the purported assignee of the Lease with the
District of Columbia) that D.C. laws do not apply to them in seeking to evict Jack's LLC
ignores the fact that the Lease itself requires compliance with District of Columbi<1 law.
October I, 1973 Lease at 3 ("the District may proceed to recover possession of said
premises under and by virtue of the provisions of the Code or Law for the District
Columbia.")
7
Case 1: 13-cv-00130-CKK Document 26 Filed 03/19/13 Page 8 of 15
(Pl. Opp. at 16 (emphasis in Pl. Opp.).) In either an attempt to mislead or a misapprehension of
the actual lease provisions, Plaintiff fails to identify for the Court that this quote is within a
section related to the remedies <1V<1ili1blc for failure to pay rent or for a claim of dcfault.
4
(Se!!
Ex. 4 to Pl. Mot. for Temp. Restraining Order at 3.) In fact, the provision rekvant to these
proceedings is further down in the lease document, where the lease sets forth clearly:
BUT, i fno default occl1rn on the part of the Lessee, then he shall be entitled to Thirty (30)
Days' notice to vacate the premises, which notice shall be given in writing at least Thirty
(30) days before said occupancy is intended to be terminated .. ,
(Id, at 3"4.) Here, it is without dispute that PlaintifThas received more than the required notice.
Therefore, under either the provisions of the 1973 Lease or undo!' general landlord-tenant
common law, Plaintiff must vacate the property by April 7, 2013, <111d Plaintiffs allegations of an
illegal, eviction arc unfounded or, at best, arc unripe.
0. Pluintiff Fuils to Stutc a Claim for Entitlement to Injunctive Relief
In its complaint, Plaintiff pic<tds entitlement to general temporary and permanent
injunctive relief as Count Two. Plaintiff fails to state u claim for injunctive relief for two
reasons: I) Plaintiff lacks standing to bring any claim grounded in any alleged dcfoct in the
trnnsfor of administn1tive jurisdiction as discussed in dct<iil above; and 2) Plaintiffs
inflicted" hunn precludes any award of injunctive relic!: Thus, Plaintiff is not entitled to
injunctive relief.
'l'hc full provision reads:
Pfl()VIDEI) ALWAYS, thitt if the Lessee shall thil to rnake pay111cnts !<.H' use in advance as
afrHcsaid, although there shall have been no legal or formal 1nadc, or shall or violate
any of the \vithin conditions or agrccmcnts
1
then and in either of m1ld events, thi:-; agrcc111cnt and
;,1!1 things herein contained shall at the option of the l.)istrict and dctcrn1inc and such frtllul'C
or violation shall operate as a Notice to Quit, any other Notice to Quit being hereby expressly
and the l'.>istl'ict 1nay proceed to recover possession of said prcn1iscs under and by virtue
of the pl'ovisions of tho Code of Law for the J.)istrict of C'.olu1nbia.
(Ex. 4 to Pl. Mot. for Tcrnp. Rcstndning ()rdcr at J.)
8
In its claim fi:Jr injunctive r l i f ~ Plaintiff asks this Court to save it from its own poor
business decisions. These decisions include:
I. Failing to seek modification of the arrangement with the Federal Defendants from <l
month-to-month loitsc to another arrangement;
2. Allegedly investing large sums in a business wholly dependent on <l waterfront
location with. at best, only a month-to-month claim to continued occupancy of the
site;
3. Through its managing member, ordering a subordinate employee to dispose of human
waste in an illegal manner;
4. Declining to submit a response to the Request ti.Jr Qualifications for a temporary
concessions conttact.
Contrary to Plaintiffs argument in its opposition, these actions do not distinguish its claims from
those in Barton v. District <f Co/um., 131 F. Supp. 2d 236, 241 (D.D.C. 200 I), but rather
demonstrate just how analogous the two cases arc.
Further, in yet another example of Plaintiffs propensity to take contradictory positions in
its opposition from the allegations in its complaint, Plaintiff' states that "Instead or turning down
any offer, Jack's LLC negotiated earnestly with the NI'S and NPF for over six months to
consider possible solutions before the NPS and NPF, not Jack's LLC, unceremoniously
terminated those negotiutions. Barton is thus factually distinguishable." (Pl. Opp. ut l 8.) But in
its complaint, Plaintiff alleges, "In August 2012, the NPS sent a dratl concession contract to
Jack's LLC for the continued operation of Jack's Boathouse." (Comp!. at 9, ~ 32.) This
allegation, coupled with the undisputed fact that Plaintiff foiled to submit anything in response to
the Request for Qualifications, demonstrates that Plaintiffs claims are almost identical to those
9
fbund wnnting in Barton. Thcrcfi:Jre, PlaintilTs claims fi.ll' injunctive relief arc without merit and
should be dismissed.
II. PLAINTIFF'S TORT CLAIMS AGAINST THE FOUNDATION
FAIL TO STATli'. A CLAIM AND THIS COURT LACKS .JURISDICTION OVER TllEM
In its opposition, Plaintiff urgucs that this Court has subject matter jurisdiction over its
tort claims against the Founcbtion because the Found<1tion "authorized' Nl'S's actions and,
therefore, this Court has supplemental jurisdiction over them. (See Pl. Opp. at 5). Plaintiff
paints the Foundation as the principal and Nf>S as tho agent, when in re<tlity no such agency
relationship exists. NI'S acted on its own authority and, for the re<IS(ms explained in the Federal
Defendants' motion to dismiss, is immune from suit due to Plaintiff's failure to exhaust its
administrutive remedies as well as the intentional tort and contracts actions bars. (See Fed. Def.
Memo. of Pts. & Auth. in Support of Mot. to Dismiss at 13-15.) Importantly, the Foundation did
not huvc m1y control over NPS's actions in this case. See v. Collins, -- F. Supp. 2d --,
Civil N<i. 12-239, 2012 WL 5941953, at* 12 (D.D.C. Nov. 28, 2012) ("the right to control, rather
than its actual exercise, is usuully dispositive of whether there is an agency relationship")
(granting motion to dismiss bec,1use "plaintiffs <1dvunce only a conclusory allegation" of
agency). Without facts demonstrating that the Foundation exerted control over NI'S, none of
Plaintift's tort daims can survive a motion to dismiss. See id. ut * 13 (citing Kiobe/ v. Royal
Dutch Petro. Co., 621 F.3d 111, 195 (2d Cir. 2010) (a plaintiff must plead facts that plm1sibly
support an inference that an <1goncy relationship existed in order to survive a Ruic I 2(b)(6)
motion)). The facts Plaintiff relies on do not demonstrate that the Foundation exerted any
control over NI'S. Rather, they show that if anything, the Foundution played a passive role,
merely "concurring" with NPS's decisions. (See Pl. Opp. at 5).
10
Specific<illy, the Foundation played no role in the daily operation of the Georgetown
Waterfront property or in enlbrcing the le(1se at issue in this cuse. The Foundation only
performed the administrative function of accepting, holding, and disbursing monies from a
special fund, <ls directed by NPS. (S(W Sept. 24, 1999 NI'S Letter to the Foundation (attached
hereto as Exhibit" l ")
5
at 2.) In fact, NI'S- not the Foundation --- created the fond into which the
lease pay1rnmts were to be deposited. (See id. at J.) Further, the only reason the Foundation
even became involved was bec<tuse NPS and the District of Columbia decided the best way to
ensure that the lease revenues were used to develop and maintain the Georgetown Waterfront
property was to assign the lease to the Foundation. (See Sept. 24, 1999 Letter from NI'S to D.C.
Mayor Williams (att<iched hereto as Exhibit "2") at 1.) Thus, the lease assignment to the
Foundation was merely administrative in n<iturc, and in reality NI'S maintained control over the
property and any dealings relating to the lease. This control is clearly evidenced by
correspondence between NPS, the District of Columbia, and the Foundation, which shows NI'S
making key decisions rngarding the lease and directing NPF on how to proceed. (See id. at 1-2
('The National Park Service has, accordingly, instructed the National Park Foundation to accept
such assignments"): see also Sept. 24, 1999 NI'S Letter to the Foundation ut 2 ("The National
Park Service, therefore, hereby instructs and authorizes the National Park Foundation ... "). This
evidence clearly demonstrates that NPS - not the Foundation - w<is calling the shots and
controlling the management or the property <lnd the lease. As such, there is no factual basis for
Plaintiff's claims against the Foundation, but rather Plaintiff's tort claims must fail for lack of
subject m<itter jurisdiction as Plaintiff's allegations are against NI'S, but Plaintiff has failed to
As Plain.tiff's orposition has challenged the underlying facts of the Federal I)cJCndants'I legal argun1cr'lt that
this (:ourt lacks subject rnattcr juri.sJlction over Plaintl tort c!airns, the Court 1nay choose to look to mallcis
outside of the p\cadi11gs. Jerome Sti!vcns Pharmacy, Inc. v. FDA, 402 F.3d 1249, 1253 (D.C. Cir. 2005) ("With
respect to a lhctual challenge, the di:-:lrict court rnay 111atcl'ials outside ofU1c pleadings to dctcr1nlnc whcthct
it has 111attcr jurbdiotion over the clai1ns.").
11
exhaust its administrative remedies under the only applicable waiver of sovereign immunity, the
Federal Tort Claims Act ("FTCA"), 28 U.S.C. 1346(b), by foiling to present those claims
administratively before NPS.
As the Federal Defondm1ts stilted in their Motion to Dismiss, "The Federal Government
can only be sued insofar as it hus agreed to be sued." Ej>ps v. US. Ally. Gen., 575 F. Supp. 2d
232, 238 (D.D.C. 2008) (citing F.D.l.C. v. Meyer, 510 U.S. 471, 475 (1994)). '"Absent a
waiver, sovereign immunity shields the Federal Governme11t and its agencies from suit."' Id.
(quoting /vf(1ver, 510 U.S. nt 4 75); see also United States v. Nordic Village, 503 U ,S, 30 ( 1992)).
The FTCA is unavailable to the Plaintiff; however. Like the plaintiff in lli>ps, PlaintifThas foiled
to "exhaust[] necessary administrative remedies under the FTCA, which is a mandatory
prerequisite .... " Id. (citing GAF Corp. v. United States, 818 F.2d 90 I, 904-05 (D.C. Cir.
1987)), Tb us, as Plaintiff cannot identify a valid waiver of sovereign immunity, all common law
tort claims (Counts 3, 4, and 5) should be dismissed for lack of subject matter jurisdiction.
Further, even if Plaintiff had exhausted its administrative remedies, there is no waiver of
sovereign immunity under the FTCA for Plaintiff's claims - which arc only against NI'S, a
fcdernl agency. Although the FTCA waives the government's immunity "with respect to
damages or injuries caused by the 'negligent or wrongful act or omission of a government
employee acting within the scope of employment,' see 28 U.S.C. 1346(b), it has not waived
immunity for every type of tort." Kugel v. U.S., 947 F.2d 1504 (D.C. Cir. 1991). Two
applicable FTCA exceptions <tre the "intentional tort" exception and the "contn1ct rights"
exception. Specifically, the FTCA states that immunity is not waived as to:
Any claim <1rising out or assault, battery, false arrest, malicious prosecution, abuse of
process, libel, slander, misrepresentation, deceit or interference with contract rights:
Provided, That, with regard to acts or omissions of investigative or law enfi:J1'Ce1ncnt
officers of the United States Government, the provisions of this chapter and section
12
I 346(b) of this title shall apply to any claim arising, on or atkr the date of the enactnient
of this proviso, out of assault, battery, false imprisonment, false arrest, abuse of process,
or malicious prosecution. For the purpose of this subsection, "investigative or law
enforcement officer" means any officer of the United States who is empowered by law to
execute searches, to seize evidence, or to make arrests for violations of Federal law.
28 U.S.C. 2680(h) (emphasis added).
Herc, PlaintifTs tort claims arc based solely on im implied month-to-month lease between
Pl<tintiff and NPS, rendering them barred under the "contract rights" exception. Additionally,
Counts Three (intentional interference with business relationships) and Four (conspiracy to carry
out an unlawful eviction) iuc also barred by the "intentional tort" exception. This Court
therefore lacks jurisdiction over Plaintiff's tort claims and Counts Three, Four, and Five should
be dismissed.
13
Case 1:13cv00130"CKK Document 26 Filed 03/19/13 Page 14 of 1.5
CONCLUSION
For the fr>1cgoing reasons and for those expressed in their Motion to Dismiss, the Federal
Dcfendunts respectfully request that Plaintiffs complaint be dismissed ;md Plaintiffs motion for
injunctive relief be denied.
Dated: March 19, 2013
Washington, DC
RONALD C. MACHEN JR., D.C. Bar 11447889
DANIEL F. YAN HORN, D.C. Bar #924092
h i e f ~ Civil Division
By: /s/
WYNNE I'. KELLY
Assistant United States Att\)rney
555 4th Street, NW
Wushington, DC 20530
(202) 3072332
wynne.kel I y@usdoj.gov
Attorneys fbr the National Park Service and the
14
TAULE OF
Fcdcn1l Cnscs
*Auwzone Dev. C'orp. v. District <!/Co/um., 484 F. Supp. 2d 24, 28-30 (D.D.C. 2007) ............... 5
*Barton v. District of' Co/um., 131 F. Supp. 2d 236, 241 (D.D.C. 200 I) ................................. 9, I 0
Dai1nforChrysler Co111. v. Cimo, 547 U.S. 332, 342"46 (2006) ..................................................... 4
Epps v. U.S. Ally. Gen., 575 F. Supp. 2d 232, 238 (D.D.C. 2008) ............................................... 12
F.D.l.C. v. Meyer, 510 U.S. 471, 475 (1994) ............................................................................... 12
GAF Corp. v. United States, 818 F.2d 90 I, 904-05 (D,C. Cir. 1987) .......................................... 12
lmpro Prods .. Inc. v. Block, 722 F.2d 845, 850-51 (D.C. Cir. 1983) ............................................. 4
*.h'.fferson v. Collins, -- F. Supp. 2d --, Civil No. 12-239, 2012 WL 5941953, at* 12 (D.D.C.
Nov. 28, 2012) , ......................................................................................................................... 10
Jeronw Stevens Pharmacy, Inc. v. FDA, 402 F.3d 1249, 1253 (D.C. Cir. 2005) ......................... 11
Kiobd v. Royal Dutch Perro. Co., 621 F.3d 111, 195 (2d Cir. 2010) .......................................... I 0
Kui;elv. U.S., 947 F.2d 1504 (D.C. Cir. 1991) ............................................................................. 12
*Ling-'lim1co-Voui;ht, Inc. v. U.S., 475 F.2d 630, 637 (Ct. Cl. 1973) ........................................ 5, 6
*Prudential Ins. Co. r<f'Anwricu v. United States, 801 F.2d 1295, 1298 (Fed. Cir. 1986) ............. 6
Sendra Corp. v. Magaw, 111 F.3d 162, 165 (D.C. Cir, 1997) ........................................................ 4
United Slates v. Nordic Villai;e, 503 U.S. 30 ( 1992) .................................................................... 12
Federal Statutes
16 u.s.c. 5951-5952 ................................................................................................................. 2
28 U.S.C. lj 1346(b) ...................................................................................................................... 12
28 U.S.C. 240l(a) ........................................................................................................................ 4
28 u.s.c. 2680(h) ...................................................................................................................... 13
denotes authorities upon which the Fcden1I Defendants principally rely
15
IM6:M41.13.13 Jack's Canoes v NPS, DC, NPF C<iso 11JCV001.30CKK
1.13. 13 Jack's Canoes v NPS, DC, NPF Case 113-cv-00130-CKK
LeBel, Stove <ste...,_lebel@nps,goV>
To: Ste"' Whitesell <Ste...,_Whitesell@nps.goV>
Attached
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Program Manager, Olnce of Business Ser,;ces
National Capital Region, National Pmk so,,;co
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Wed, Mar 13, 2013 at 2:05 PM
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111
IN THE UNITED STATES DISTRICT COURT
.JACK's CANOES & KAYAKS, LLC
3500 K Street, N.W.
Plaintiff,
v.
1849 C Street, N.W.
Wnshington, D.C. 20240,
NATIONAL PARK FOUNDATION
1201 Eye Street, N.W., Suite 5508
Washington, D.C. 20005,
and
John A. Wilson Building, 6th Floor
1350 Pennsylvania Avenue, N.W.
Defendants.
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Case No.:
JURY DEMANDED
VERIFIED COMPLAINT
Plaintiff Jack's Canoes & Kayaks, LLC (hereinafter "Jack's LLC" or
"Plaintiff') hereby files this Complaint and alleges as follows:
I.
PRELIMINARY STATEMENT
1. This action seeks to protect Jack's LLC and its business known as
Jack's Boathouse from destruction by the National Park Service ("NPS") und the
National Park Foundation ("NPF")--two parties that erroneously believe that they
were assigned the power to do so by the District of Columbia, which owns Lot 805
in Square 1179 ("Lot 805") in Georgetown where Jack's Boathouse is located.
2. Specifically, this action seeks injunctive relief from the NPS's January
18, 2013, decision contained in a Request for Qualification ("RFQ") to terminate
the indefinite 1973 lease (the "Lease"), under which Jack's LLC has heen a tenant
3. In the RFQ, the NPS states that the Lease will be terminated upon
execution of a concession contract no later than March 1, 2013. The decision by
the NPS ..-which is not a party to the Lease-and the NPF-to which the District
of Columbia purportedly delegated its "duties" under the Lease and assigned the
rents payable under the Lease-.. is egregious and violates numerous rights of Jack's
LLC.
4. Under the concesswn the NPS plans to issue, the concessionaire
would pay franchise foes to the NPS (and in turn to the United States Treasury),
V crified Complaint .... Page 2
rather than paying rents to the NPF for the benefit of the Georgetown Waterfront
Park as expressly required by the 1985 Resolution and the 1987 Letter.
5. Importantly, the NPF's decision to terminate the Lease amounts to an
illegal self-help eviction not permitted in the District of Columbia.
6. This action further seeks to prevent the NPS and NPF from taking any
further actions whatsoever that interfere in any manner with the continuing
operation of Jack's Boathouse until it is finally decided whether the NPS and NPF
have any right to evict Jack's LLC, whose rents are paid to the NPF for the benefit
of the Georgetown Waterfront Park, and replace Jack's LLC with a concessionaire
whose "franchise fees" (not rents) would be payable to the NPS and, consequently,
to the United States
7. This action also seeks, inter alia, the following declaratory judgments:
a) Jack's LLC is a tenant under, is in full compliance with, and
has no uncured breaches of the Lease;
b) Jurisdiction over Lot 805 was never effectively transferred to
the NPS or the NPF, or, if transferred to the NPS or the NPF,
has reverted to the District of Columbia; and
c) The NPS's and the NPF's plan to terminate the Lease and
evict Jack's LLC in order for the NPS to grant a concession to
operate Jack's Boathouse under which all franchise fees
Verified Complaint - Page 3
Case 1:13-cv"00130-CKK Document 1 Filed 01/31./1.3 Page 4 of 25
would be paid to the NPS (and not to the NPF for the benefit
of the Georgetown Waterfront Park), constitute actions not
authorized by any law, act, assignment or delegation from the
District of Columbia to the NPS or the NPF.
8. Finally, this action seeks damages from the NPF for negligently
and/or intentionally conspiring with the NPS to interfere with and destroy Jack's
LLC's much-beloved Jack's Boathouse business.
n.
PARTIES
9. Plaintiff Jack's Canoes & Kayaks, LLC ("Jack's LLC" or "Plaintifl"),
.. 5yM:f..i>iil.li
Simkin, and is the owner and operator of Jack's Boathouse located at 3500 K
Street, N.W., Washington D.C. 20007. Jack's LLC owns Lot 806 in Square 1179
("Lot 806"), which is adjacent to Lot 805 owned by the District of Columbia.
Jack's Boathouse's operations occur on Lots 805 and 806.
10. Defendant National Park Service ("NPS") is a bureau of the United
States Department of the Interior, responsible for national park management and
program implementation. The headqualiers of the NPS is at 1849 C Street, N.W.,
Washington, D.C. 20240.
V crificd Complaint - Page 4
11. Defendant National Park Foundation ("NPF") is a 50l(c)(3) non-
profit, tax-exempt organization having its headquarters at 1201 Eye Street, N.W.,
Suite 550B, Washington, D.C. 20005. Although the NPF supports the work of the
NPS, it is a separate entity whose Charter states that "the United States shall not be
liable for any debts, defm1lts, acts, or omissions of the Foundation."
12. Defendant The District of Columbia ("District of Columbia") owns
Lot 805 on which Jack's Boathouse is located in Georgetown at 3500 K Street,
N.W., Washington, D.C. 20007.
Ill.
JURISDICTION AND VENUE
13. This Court has Federal Question jurisdiction pursuant to 28 U.S.C.
1331.
14. This Court is authorized to award declaratory relief under the
Declaratory Judgment Act, 28 U.S.C. 2201-2202.
15. This Court is authorized to award attorneys' fees and costs against
Defendant NPS under 28 U.S.C. 2412.
16. Venue is proper in this District under 28 U.S.C. 1391(e) hecause all
events pertaining to action occurred in this District and because all parties to this
action are incorporated or located in this District.
IV.
FACTS
17. Jack's LLC owns and operates a business known as "Jack's
Boathouse,'' which offers canoe and kayak rentals, tours, storage and other related
services.
18. Jack's LLC succeeded Frank Baxter in the ownership and operation of
the business at Jack's Boathouse, where Frank's father, John "Jack" Baxter, began
renting boats in I 945.
19. The property where "Jack's Boathouse" is located consists of two
parcels of land taxed as Square 1179, Lot 805 ("Lot 805") and Square 1179, Lot
20. In 1973, as part ofa compromise with the District of Columbia, which
wanted to take Lot 805 for the construction of Whitehurst Freeway, the District of
Columbia agreed to buy Lot 805 from John and Norma Baxter and to lease it back
to them so they could continue to own and operate Jack's Boathouse.
21. Pursuant to an August 28, 1973 Deed, John and Nonna Baxter sold
Lot 805 in fee simple to the District of Columbia for $244,160.00. The District of
Columbia currently owns Lot 805. On October I, 1973, the District of Columbia
entered into the Lease with the Baxters.
V crificd Complaint Page 6
22. John and Norma Baxter retained ownership of Lot 806, a small parcel
of land adjacent to Lot 805. Upon their death, Lot 806 passed to their son, Frank
Baxter. On April 15, 2009, Frank Baxter, an owner of Jack's LLC until his death
that year, deeded Lot 806 to Jack's LLC, the current owner of that Lot.
23. In 1985, the District of Columbia Council passed a Resolution
intended to transfer limited administrative jurisdiction over a number of land
parcels on the Georgetown Waterfront, including Lot 805, to the NPS.
24. Resolution 6-284 of the Council of the District of Columbia dated
September 10, 1985 (the "1985 Resolution") states that, "Jurisdiction over ... Lot .
. . 805 in Square 1179 shall be transfe1Ted to the National Park Service 5 years
after the effective date of this resolution unless ... suitable sites and facilities have
not been obtained for the relocation of those public works facilities now located on
the parcels of land that are part of Georgetown Waterfront Park." Such public
works facilities were not relocated within five years after the effective date of the
1985 Resolution.
25. On Deeember 21, 1999, the District of Columbia Council passed
"emergency" Resolution 13-420 (the "1999 Resolution"), stating that "the National
Park Foundation can accept the assignment of leases [including the Lease] for the
National Park Service under the transfer of jurisdiction authorized by Council
Resolution 6-284," (referred to herein as the 1985 Resolution). The 1999
V crified Complaint - Puge 7
Resolution was effective for ninety (90) days from December 21, 1999, until
March 21, 2000.
26. On April 4, 2000, after the 1999 Resolution had expired, the District
of Columbia Council passed "emergency" Resolution 13-519 (the "2000
Resolution"), stating that "the National Park Foundation can accept the assignment
of leases [including the Lease] for the National Park Service under the transfer of
jurisdiction uuthorized by Council Resolution 6-284" (referred to herein as the
1985 Resolution). The 2000 Resolution was effective for ninety (90) days from
April 4, 2000, until July 3, 2000.
27. Both the 1999 Resolution and the 2000 Resolution state that, "The
gffi86gr tfi6. 11.ci6ci6i!l.riaticia!l.f@:M:11.y 1;..1999
concerning the transfor of lease tenants to the NPS, opined that legislation is
necessary to authorize the assignment of leases to the National Park Foundation ...
Once this clarifying legislation is cffoctive, the assignment of leases can occur."
28. On March 30, 2000, during the gap between when the 1999
Resolution expired and the 2000 Resolution became effective, the District of
Columbia and the NPF signed an Assignment of Leases purporting to transfer the
Lease to the NPF.
29. The NPS has repeatedly cited the 1985 Resolution, as well as the
Lease, as authority for its attempts to terminate the Lease with Jack's LLC, despite
the fact that the NPS is not a party to the Lease (purportedly assigned by the
District of Columbia to the NPF).
30. Since its incorporation in 2007, Jack's LLC has been timely paying
rent to the NPF.
31. Between 2007 and August 2012, the NPF regularly cashed Jack's
LLC's rent checks. Without any explanation, the NPF stopped cashing Jack's
LLC's rent checks in August 2012.
32. In August 2012, the NPS sent a draft concession contract to Jack's
LLC for the continued operation of Jack's Boathouse.
33. In October 2012, the NPS ceased communications with Jack's LLC
on the subject of the concession contract, stating only "[ w ]e arc unable to proceed
at this time and will contact you in the near future."
34. In a December 18, 2012 letter (the "eviction letter"), the Regional
Director of the NPS sent Jack's LLC "notice ... to terminate its occupancy of the
leased premises .... [and to] ... vacate the property on or before 11 :59p.m. on
January 31, 2013 and remove all personal property from the premises."
35. One week later, in a December 24, 2012 email, the Director of the
NPS notified Jack's LLC that, after receiving "hundreds of emails from citizens
concerned with the future of Jack's Boathouse ... further action on the lease
termination [is withheld] until l have conducted a more thorough review and
Verified Complaint"'" Page 9
Case 1:13-cv-00130-CKK Document 1 Filed OJ./31/13 Page 10 of 25
determined the best course of action." Other than a meeting with the NPS on
December 26, 2012, at which its officials robotically read the above quoted
language multiple times and refused to answer any questions, the NPS did not
communicate with Jack's L.LC again until January 18, 2013.
36. On January 18, 2013, the NPS provided a letter to Jack's LLC
withdrawing its December 18, 2012, eviction letter and informing Jack's LLC that
the NPS intended to terminate the Lease upon execution of a concessions contract
by the end of February 2013. The NPS has refused to reveal to Jack's LLC how
Jack's Boathouse can be operated by both Jack's LLC-a tenant who cannot be
evicted without a Court Order (i.e., pursuant to a self-help eviction by the NPF)--
37. That same day (January 18, 2013), the NPS issued a Request for
Qualifications (Solicitation Number TC-ROCR004-l 2), amended on January 28,
2013 (the "RFQ"), seeking parties interested in a concession contract for the
operation of Jack's Boathouse owned by Jack's LLC. Responses to the RFQ are
due nine (9) days atler its last amendment (i.e., on February 6, 2013). The RFQ
states that, "The [ 1973] lease will be terminated effoctive upon execution of' the
concession contract.
Verified Complaint - Page I 0
38. On January 23, 2013, the NPS issued a virtually identical RFQ
(Solicitation Number CC-JACKOOl) for "Non-motorized boat rental & storage
services" at Jack's Boathouse, but indicating that the contracting office is in
Lakewood, Colorado.
v.
CAUSES OF ACTION
COUNT ONE
Declaratory ,Judgment
(National Park Service, Nation11l P11rk Found11tion, and
the District of Columbill)
39. Plaintiff repeats the allegations set forth in paragraphs 1through38 as
if set forth fully herein.
September l 0, 1985 (the "1985. Resolution") states that jurisdiction over Lot 805
shall be transferred to the NPS "5 years after the effective date of this resolution
unless ... suitable sites and facilities have not be obtained for the relocation of
those public works facilities [including D.C. Department of Public Works' storage
facilities] now located on the parcels of land that are part of Georgetown
Waterfront Park." Such public works facilities were not relocated within five years
after the effective date of the 1985 Resolution.
41. The transfer of jurisdiction for administration and maintenance
V crificd Complaint - Page 11
authorized in the 1985 Resolution from the District of Columbia to the NPS was
"contingent upon an exchange of letters between the Mayor of the District of
Columbia and the Regional Director of the National Park Service" that were
required to provide "in detail, for the following: . . . ( 4) The exchange of letters
shall include conditions, including a reversion of jurisdiction to the District of
Columbia, which folly protect the District of Columbia in the event ... of (A)
Amendment or cancellation of the June 7, 1985, deed (the "1985 Deed") between
Washington Harbour Associates, Georgetown Potomac Company, Mount Clare
Properties (D.C.) Inc., and the United States of America .... "
42. The "exchange of letters" required by the 1985 Resolution was
2britairieairi ri. ,;2a
and Mr. Manus J. Fish, Regional Director, National Capital Region of the NPS (the
"1987 Letter").
43. The 1987 Letter affirmed that a material amendment lo the 1987 Deed
would indeed trigger reversion of Jurisdiction for Administration and Maintenance
to the District of Columbia.
44. A Supplemental Deed of Easements dated March l, 2005 (the "2005
Amendment") significantly and materially amended the 1985 Deed.
45. Pursuant to the 1985 Resolution, the 2005 Amendment caused
jurisdiction for tidministrntion and maintenance over Lot 805 to revert to the
Verified Complaint - P\\ge 12
46. The District of Columbia City Council further resolved that the
exchange of letters, required for approval of the 1985 Resolution, was required to
provide, in detail, for the following: "(7) The District of Columbia shall assign
existing leases to the National Park Service and the National Park Service shall
dedicate, through whatever means practicable, any revenues from those leases to
park development .... " The "existing leases" included the Lease.
47. The exchange of letters were ordered to provide for the additional
requirement that "(9) The National Park Service shall assume responsibility to
repair, maintain, and protect all wharves, piers, bl1lkheads, and similar structures
that are located on the transferred land on in adjacent waters." The 1987 Letter
created an exception to this responsibility not authorized by the 1985 Resolution,
namely, that the NPS did not have to repair, maintain and protect wharves, piers,
bulkheads and similar structures that are "the subject of leases located on the
transferred land or in adjacent waters."
48. In the 1987 Letter, the District of Columbia did not assign the Lease
to the NPS, as required by the 1985 Resolution. Instead, the District of Columbia
purportedly "delegate[d] its duties" under the Lease to the NPF and "assign[cd] the
rents derived" from the Lease "to the National Park Foundation, to be used for the
benefit of the Georgetown Waterfront Park."
Verified Complaint- Page 13
49. The 1987 Letter further stated that it did "not preclude the assignment
of existing leases to the National Park Service." No such assignment to the NPS
ever occurred.
50. The 1987 Letter was fundamentally inconsistent with, and did not
satisfy the prnrequisites under the 1985 Resolution for the transfer of jurisdiction
over Lot 805 from the District of Columbia to the NPS.
51. Even if the 1987 Letter satisfied the prerequisites under the 1985
Resolution for the transfer of jurisdiction to the NPS, neither the 1985 Resolution
nor the l 987 Letter authorizes the NPS or the NPF to terminate the Lease, to evict
any lessee, including Jack's LLC from Lot 805, or to grant a concession to operate
Jack s ..g[ .. 6r .c01 umbia
delegated to the NPS or the NPF.
52. On December 21, 1999, the District of Columbia Council passed
Resolution 6-284," (referred to herein as the l 985 Resolution). The 1999
Resolution was effective for ninety (90) days from December 21, l 999, until
March 21, 2000.
Verified Complaint Page 14
j urisdietion authorized by Council Resolution 6-284" (referred to herein as the
office of the Corporation Counsel, in a memorandum dated May 7, 1999
concerning the transfer of lease tenants to the NPS, opined that legislation is
. Once this clarifying legislation is effective, the assignment of leases can occur."
Lease to the NPF.
56. Under the concession the NPS pluns to issue, franchise fees would be
payable to the NPS (and in turn to the United States Treasury), rather than to the
NPF for the benefit of the Georgetown Waterfront Park as required by the 1985
Resolution and the 1987 Letter.
57. Even if jurisdiction over Lot 805 of the District of Columbia had been
effectively transferred by the District of Columbia to the NPS, 40 U.S.C. 8124
and D.C. Code 10-111 only permit transfers of jurisdiction between the District
of Columbia and the United States for "purposes of administration and
maintenance." Neither of these statutes pennits rights of "development" such as
terminating the Lease, evicting Jack's L.LC and installing a concessionaire who
would pay franchise fees to the NPS, rather than rent to the NPF for the benefit of
the Georgetown Waterfront Park.
COUNT TWO
Temporary Prelimin11ry, 11ml Permanent ln,junctive Relief
.
(N ........ ational Park Service 11nd. National. ParkJ'oundation)
,.,. .. ... ..... -_.. : .. ,", .. ',,'.",,",,,',",,', .. ,,:' .. ,,',, .. ; ..",'.,',,, .. ,.: ............ ..... .. .. \',',','\', ...... : .. ,,\ .. ,', .... .. :. .. ....... ...... . .. .. ,\','.,""''"'',.,,,, .. ,,, .. .,
58. Plaintiff repeats the allegations set forth in paragraphs 1 through 57 as
59. On January 18, 2013, the NPS issued the RFQ seeking parties
interested in entering into, and taking over the operation of Jack's Boathouse
owned by Jack's LLC by March l, 2013.
60. Responses to the RFQ are due nine (9) days after its last amendment
(i.e., on February 6, 2013). The RFQ states that, "[t]he [1973] [L]ease will be
terminated effective upon execution of' the o n e ~ s i o n contract.
61. The RFQ does not indicate or explain how Jack's Boathouse can be
operated by both a concessionaire under a concession contract with the NPS, and
Verified Complaint-Page 16
Case 1:13-cv-00130"CKK D0Cl1ment 1 Filed 01/31/13 Page 17 of 25
Jack's LLC, which is the lessee under the Lease and cannot be evicted without a
Court Order (i.e., pursuant to a self-help eviction by the NPF}-regardlcss of
whom is determined to be the lessor under the Lease.
62. Jack's LLC will suffer irreparable harm should the NPF terminate the
Lease and destroy Jack's LLC's business.
63. NPS and NPF will suffer no harm whatsoever if Jack's LLC is granted
injunctive relief in order to maintain the status quo during the pendency of this
litigation.
64. NPS and NPF have no basis for loss or hardship, financial or
otherwise.
65. The public interest is likewise served by injunctive relief.
COUNT THREE
Intentional Interference with Business Relations
(National Park Foundation)
67. Pursuant to the Lease under which Jack's LLC has been paying, and
the NPF has been accepting, rent from Jack's l.LC since 2007, Jack's LLC is a
tenant under the Lease and is entitled to occupy and operate Jack's Boathouse on
Lot 805 (and Lot 806, which is owned by fack's LLC).
Verified Complaint .... Page 17
68. Jack's LLC relies on the many business relationships it has cultivated
with boat storage customers as well as boat rental customers.
69. The NPF (hereinafler through actions taken on its behalf by the NPS)
has acted to intentionally interfere with Jack's LLC's boat storage and boat rental
customers by unluwfolly pursuing the termination of the Lease and making
repeated misrepresentations to Jack's LLC's customers and the public regarding its
rights to continue operating Jack's Boathouse.
70. Since the NPF, along with the NPS, issued its December 26, 2013,
Jack's LLC has suffered a loss of business in boat storage customers.
71. Customers have cancelled contracts with Jack's LLC citing the
the NPF.
72. Jack's LLC has had difficulty procuring and making commitments,
including large contracts for boat rental services, due to the uncertainty of Jack's
LLC's future as publicized by the NPF. Jack's LLC has repeatedly communicated
the financial strain of this difficulty to the NPF through the NPS.
73. Jack's LLC has had difficulty continuing the employment of past
managers of the business for the upcoming season due to the uncertainty of Jack's
LLC's future.
74. The NPF has repeatedly publicized its cffo1ts to unlawfolly terminate
the Lease with Jack's LLC even after Jack's LLC repeatedly informed the NPF and
Verified Complaint -Page 18
Case 1: 13-cv-00130-CKK Document 1 Filed 01/31/13 Page 19 of 25
the NPS that their actions were killing their business relationships with customers
and employees alike.
75. The NPF and the NPS continue to seek to tenninate Jack's LLC's
lease and to publicize its efforts with repeated misrepresentations, with the intent
of harming Jack's LLC's business relationships.
76. Jack's LLC has been harmed by NPF's wrongful actions.
COUNT.FOUR
Conspiracy to Carry Out An Unlawful Eviction nnd
Interfere with Jack's LLC's Business Relations
78. The NPF conspired with the NPS to interfore with Jack's LLC's
business and cause irreparable harm to the Plaintiffs business.
79. The NPF joined the NPS in delivering an eviction notice to Jack's
LLC in December 2012 and in sharing the information contained within this
eviction notice, including misrepresentations concerning the rights of Jack's LLC,
with the public and with customers of Jack's LLC.
80. These concerted actions on the part of the NPF, in concert with the
NPS, were made with the purpose of unlawfully evicting Jack's LLC without a
court order and contrary to the laws of this district.
Vedfied Complaint - Page 19
8 I. These concerted actions on the part of the NPF, in concert with the
NPS, were made with the purpose of harming Jack's LLC's business.
NPS, caused Jack's LLC to suffer significant damages.
COUNT FIVE
Negligent Interference with Business Relations
84. Defendant NPF's actions described above, including its statements
(he1eiaf:tei: .. tlirough ..actio11.s .taken ..011.its ...beha.l.f .. bythe ... "1>fRS.).to . ~ .. Pub.lic .. regarding .... ..
Jack's LLC, as well as its efforts to unlawfully terminate the Lease, materially
interfered with Jack's LLC's business relations, causing it to lose significant
business.
85. Defendant NPF's actions and statements to the public with regard to
Jack's LLC constitute negligent interference with business relations.
86. Jack's LLC has suffered financial damages as a result of Defendant
NPF's interference with the Plaintitrs business.
VI.
RELIEF REQUESTED
Plaintiff Jack's Kayaks & Canoes, LLC ("Jack's LLC") respectfully prays
for the following relief:
1. Pursuant to Count One, Jack's LLC respectfully prays that this Cou1t
enter an Order declaring that:
a. Jack's LLC is a lessee under the Lease;
b. The Lease was never effectively assigned to the NPF and the NPS
is not a party to the Lease;
c. Jurisdiction for administration and maintenance over Lot 805 was
never effectively transferred by the District of Columbia to the
NPS or, if it was, such jurisdiction has reverted to the District of
Columbia;
d. The NPS and NPF decision to terminate the Lease and evict Jack's
LLC in order for the NPS to grant a concession contract and earn
franchise fees payable to the United States Treasury, are not
permitted by any District of Columbia assignment, resolution, act,
lettei;, or authority, and constitute development actions and not the
administration or maintenance permitted under 40 U.S.C. 8124,
D.C. Code 10-111; and
V crified Complaint - Page 21
e. Neither the NPF nor the NPS have the power or authority to
terminate the Lease and evict Jack's L.LC (with or without a Court
Order).
2. Pursuant lo Count Two, Jack's LLC respectfully prays that this Comt
enter Orders enjoining NPF and NPS temporarily, preliminarily and
permanently from taking any further actions whatsoever that interfere in
any manner with the continuing operation of Jack's Boathouse by Jack's
LLC, including without limitation, seeking or threatening to terminate the
Lease or evict Jack's LLC without a Court Order following this Court's
determination of whether the NPF and/or the NPS have the power and
urisdi:ction to do so;
3. Pursuant to Count Three against Defendant NPF, Jack's LLC respectfully
prays that this Court grant it compensatory and punitive damages in an
amount to be determined at trial, plus pre- and post-judgment interest,
attorney's fees and expenses as allowable by law;
4. Pursuant to Count Pour against Defendant NPF, Jack's LLC respectfully
Case 1:13-cv-00130=CKK Document 1 Filed 01/31/13 Page 23 of 25
5. Pursuant to Count Five against Defendant NPF, Jack' s LLC respectfully
prays that this Court grant it compensatory damages in an amount to be
determined at trial, plus pre- and post-judgment interest, attorney's fees
and expenses as allowable by law; and
6. Jack' s LLC respectfully prays that this Court grant it such other and
further relief, including attorney's fees and costs, as this Court may deem
just and proper.
January 31, 2013
~ ciif:
Chafe; . camp (D.C. Bar No. 75)
1025 Thomas Jefferson Street, N.W.
Suite 1 lSG
Telephone: (202) 457-7786
Facsimile: (202) 457-7788
E-mail: ccamp@charlescamplaw.com
JURY DEMAND
Plaintiff Jack's Canoes & Kayaks, LLC hereby demands trial by jury of all
issues so triable.
January 31, 2013
Char es H. Camp (D.C. Bar. o. 575)
Suite 1150
Telephone: (202) 457-7786
Facsimile: (202) 457-7788
VERIFICATION
I, Paul Simkin, Managing Member and sole owner of Plaintiff Jack's Canoes
& Kayaks, LLC ("Jack's LLC"), under penalty of perjury pursuant to 28 U.S.C.
Section 1746, heyeby verify on behalf of Plaintiff Jack's LLC that all factual
allegations contained in the foregoing Verified Complaint are true and c01Tect to
the best of my knowledge.
January 31, 2013
i.ml.Oli THE M<.111 J<i<:k's (I. Kayaks, LLC v. NPS, ot. <ii .

.
Lackey, Melissa <melissa.lackey@sol.doi.golf.> Mon, Mar 11, 2013 at 9:11 AM
To: Stew Whitesell <ste,.,_whit0s0ll@nps.gol/>, Lisa Mendelson <lisa_mendelson-ielmini@nps.goV>, Tara Morrison
<tara_morrison@nps.goV>, st01.e LeBel <ste,.,_lebel@nps.gol/>, Tammy Stidham <tammy_stidham@nps.golf.>,
Jennifer Anzolmo-Sar\es <jenny_anzelmo-sarlos@nps.gol/>
Attached for your records is a copy of our opposition brief to Plaintiffs Motion for a TRO. Plaintiffs reply is duo
tt1is Friday.
Melissa Lackey
Attorney Advisor
Mail Stop 5311
Phone: 202 513-0733 Fax: 202 208-3877
you are not the lntend0d recipient or the employee or agent responsible for deli\<lry of this e-mail to the intended
is strictly prohibited. If you recei\<ld this e-mail in error, please notify the sender immediately and destroy all
copies.
2 attachments
t'.J Jack's Canoes.ECF Filed Redacted.US PP Criminal Incident Report Simkin Dumping.Redacted.pdf
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t'.J Jack's Canoes ECF Filed MTD and Opp to TRO.pdf
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l I ps: I Im <ill. (]Oogle, com/mail/ b/ 152! u!Ol?ul=2&1K =r 534 r60664 & v law=pt&cat =Jack's Bocithous o&s earc h , , 111
Case 1:13-cv"00130-CKK Document 21"1 Filed 03/08/13 Page 1of4
EXHIBIT 1

Document 21-1 Filed 03/08/13 Page 2 of 4
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..... --------------
Plaintitl;
v.
NATIONAL PARK SERVICE, et al.,
Defendants.
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FEDERAL DEFENDANTS' OPPOSITION TO PLAINTIFF'S MOTION
.FOR Tli:MPORARY RESTRAINING ORDER AND l'H.InJ.MINARY INJUNCTION;
FEDERAL MOTION TO DISMISS PLAINTIFF'S COMPLAINT
Dcfondants National Park Service and National Park Foundation (the "Fedentl
Defendants"), by and through undersigned counsel, herehy file this Opposition to Plaintiff Jack's
Canoes & Kayaks, LLC Motion for Temporary Restraining Order and Preliminary Injunction,
trnd the Federal De fondants' Motion to Dismiss Pia inti n's Complaint. Plaintiff falls for short of
demonstrating its entitlement to the extraordinary relief requested and, in fuct, Plaintiffs
compl.iint foils to stale a claim as a matter of law. Additionally, this Court lacks jurisdiction
over Plaintiffs claims. F<)r the reasons outlined more particularly in Defendant's accompanying
Memorandum of Points and Authorities, Pi<tintifrs motion should be denied and Plaintitrs
complaint should be dismissed.
Washington, DC
RONALD C. MACHEN JR., D.C. Bar/1447889
DANIEL F. VAN HORN, D.C. Bar 11924092
Chief; Civil Division
By: /s/
. ~ . . . : . . . : : : ~ ~ ~ ~ ~ ~ ~ ~ ~
WYNNE P. KELLY
Assistant United Stutes Attorney
555 4th Street, NW
W;ishington, DC 20530
(202) J07-2J32
wynnc.kelly@usdoj.gov
Allorneys ji!r National Park Service
By:_. . L ~ L . - . --
THOMAS M. BARBA, D.C. Bar 11414280
Steptoe & Johnson LLP
1330 Connecticut A venue, NW
(202) 429-8127
tburba@steptoc.com
A/lorney/i!r the National Park Foundation
2
case 1:13-cv-00130"CKK Document 21 Filed 03/08/13 Page 3 of 27
JACK'S CANOES & KA YAKS, LLC,
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)
Plaintiff;
v. Civil Action No. 13-130 (CKK)
NATIONAL PARK SERVICE, et al.,
De fondants.
FEDERAL DEFENDANTS' MEMORANDUM IN OPPOSITION TO PLAINTIFF'S
MOTION FOR TEMPORARY RESTRAINING ORDER
AND PRl<'.LIMINARY IN.JUNCTION AND IN SUPPORT OF THEIR
MOTi.ON TO DISMISS PLAINTIFF'S COMPLAINT
Plaintiff Jack's Canoes & Kayaks, LLC ("Plaintiff' or "Jack's Boathouse") demands
eJ\traordinary relief from this Court to which it is not entitled, as its complaint is deficient as a
matter of law in several respects. First, us Plaintiff has foiled to eJ\huust its administrative
remedies, Pluintiff's complaint fails to plead an adequate waiver of sovereign immunity for its
tort claims and the Court therefbre lucks jurisdiction. Second, Plaintiff lacks constitutional
standing for some of its claims. Third, Plaintiffs complaint foils to state a claim us a m<1tter of
law and it does not sutisfy the requirements fi.ir injunctive relier. Plaintifl's motion and
complaint fail to overcome the basic facts in this case:
I) Plaintiff was never a party to any lease related to the property on which Jack's
Boathouse conducts its operations;
2) even if Plaintiff were (I party to a valid or implied lease, that lease has been
terminated;
3) Plaintiff made a knowing and willful decision not to participate in Dcfondant National
Park Service's ("NI'S") Request for Qualifications for prospective conccssioncrs; and
4) PlaintilT has received even more notice than that contemplated in the purportedly
valid or implied lease of its duty to cease operations and vacate the premises.
Therefore, Plaintiffs a!lempt to interfere with NPS's efforts to provide for non-motorized boat
rental and storage to visitors on foderal parkland in a safo, clean, and id'fordable 1mmncr is
improper. For these reas1ms, Defendants NI'S and National Piirk Foumbti<m (the "Foundation,"
along with NPS, the "Federal Defondants"), hereby request th<it the (\1urt deny Plaintiffs motion
for injunctive relief and dismiss Plaintiff"s compl<iint.
I. SUMMARY OF FACTS
In keeping with Congressional findings and a mandate to provide services on Park lands
u11ly "u11der carefully c1mlrollcd safoguards against unregulated and indiscriminate use," the NPS
generally requires that business owners providing services to visitors to National Parks operate
under a concessions contract. See 16 U.S.C. 5951-5952, In fact, Congress has specifically
m<1ndated that, absent specific exceptions not found here, "the Secretary shall utilize concessions
contracts to authorize a person, corporation, or other entity to provide accommodations,
facilities, and services l<l visitors to units of the National Park System." 16 U.S.C, 5952.
Over six (6) months ago, in August 2012 al the latest, Plain ti ff w<1s aware that NPS had
determined that the non-motorized boat services provided on National Park land at the site
currently operated by Plaintiff needed to be performed under a concessions contract. (Compl. 'II
32.) Based upon a review of Plaintiffs claimed lcusehold interest (or lack thereof), NI'S
determined that, (It the very most, Plaintiff could attempt to claim to be a successor-in-interest to
an October I, 1973 lease. (See Ex. 4 to Pl. Mot. for Temp. Restn1ining Order [ECF No. 12-7.J at
2
4-5.) This lease was a month-to-month urrangemcnt entered into between the District of
Columbia (which subsequently transferred administrative jurisdiction over the land to NPS) and
the parents of the forlTler business partner of the manuging member or Plaintiff limited liability
company. (See id.) The m<mth-to-month lease originally required payment of $275.00 per
month; that amount increased to $356.00 per month pursuant to <I letter amendment of the lease
sent February 12, 1982, and agreed to by the parents of the former business partner or the
managing member of Plaintiff limited liability company on March 16, 1982. (See id. ut 6.)
Since that d;1te (March 16, 1982), the rent has not increased and the business owners on the site
of Plaintiffs operations have enjoyed a windlall -- namely, the difference between the fair-
market value rent for a waterfront property in Georgetown and the $356.00 per month actually
paid.
In I 985, the District of Columbia Counci 1 passed a Resolution to transfer adm inistrntive
jurisdiction over a number of land parcels on the Georgetown Waterfront to the NPS, including
LN 805 (where Plaintiff conducts its operntions). (Comp!. 23.) Resolution 6-284 of the
Council of the District of Columbia dated September 10, 1985 states that, "Jurisdiction over ' ..
Lot' ... 805 in Square 1179 shall be transferred to the National Park Service 5 ye<1rs <dler the
effective date of this resolution unless ... suitable sites and facilities have not been obtained for
the relocation of those public works facilities now located on the parcels of land th;1t arc part of
Georgetown Waterfront Park." (Id. ii 24 (quoting D.C. Council Res. 6-284).) A letter agreement
from the NI'S dated May 18, 1987 and countersigned by the Mayor of the District of' Columbia
on July 2, 1987 evidences the parties' agreements to the conditions of transfer set forth in
Resolution 6-284. The actual tnmsfor of administrative jurisdiction occurred in 1999. Co-
3
case 1:13-cv-00130-CKK Document 21 Filed 03/08113 Page 6 of 27
Defond<mt District of Columbia docs not contest th<1t administrative jurisdiction was properly
trnnsfcrrcd to NPS. (&e Der. Dist. of Col um. Mot. to Dismiss [ECF No. 19] at 3 n.2.)
Around the time (August 2012) that Plaintiff acknowledges it first received notice of the
NPS's intention to require that non-motorized boat services provided under u temporary
concessions contract pursuant to NPS's Congressional mandato, NI'S received troubling news
related to the actions of the managing member or Plaintiff limited liability company, Paul
Simkin. In response to a report of dumping at the site of fack's Boathouse, a U.S. Park Police
officer "found a scaled black plastic trash bag foll of RV holding tank waste sitting on the
ground next to the trash cans and dumpsters ror fack's Boat House and the adjacent residences
on Water Street NW." (See U.S. Park Police Incident Report of Aug. 9, 2012, at I (attached
hereto as Ex. "1 ").) Upon invcstig<ttion, the Park Police found that Simkin had placed <I
Recreational Vdlick ("RV") trailer on the property a potential violation of the lease to which
Plaintiff claims to be a party. (Sw Ex. 4 to Pl. Mol. for Temp. Restraining Order at 2-3, ii 3, ir s.)
Even more troubling, though, Simkin admitted that since May 2012, he had required an
employee to empty human waste from the RV trailer's holding tank into a black plastic trash
bag, tic it with zip tics, and pour it into rented port-a-potties on site. ( c ~ e e lJ .S. Park Pol ice
Incident Report of Aug. 9, 2012, at 2.) The employee cmnpl<Jined about having to perform this
task, but reported to Park Police that Simkin responded to his protestation by saying, "You will
do it because my shit is your bread and butter." (Id.) Finding the task disgusting, rather than
place the waste in the port-u-potties, the employee put the trash bags in a dumpster underneath
the Francis Scott Key Bridge. (ld.) On the <by ofSimkin's arrest, August 9, 2012, the employee
lclt the bag (which Simkin admitted contained human waste and gmy water from the RV holding
tank) in the street near the residences on Water Street Northwest. (Id.) Plaintiffs actions
4
Case 1:13CV-00130-CKK Document 21 Filed 03/08/13 Page 7 of 27
relating lo improper waste disposal arc also a violation of the lei1sc lo which Plaintiff claims to
be a party. (See Ex. 4 to Pl. Mot. for Temp. Restraining Order at 2, ii 4 (will not use or allow
premises "or any pitrt thereof to be used for any u n l w l ~ i l purpose ... or other offonsive
manner"); ii 6 (keep premises "in good order imd condition").)
To facilitate lhc conversion of the operations at the site to a concessions contract, NI'S
sent Plaintiff u letter on December 18, 2012, providing forty-four (44) days' notice or
termination of the so-called lease and instructing Plaintiff lo vacate the property by January 31,
2013. GS"ee Ex. 11 to Pl. Mot. for Temp. Restraining Order.) ln response to public concern
raised as a result of the letter, the Director of the NI'S notified Plaintiff via email on December
24, 2012, that NI'S would withhold further action until it hitd im opportunity to review the issues
further. (See id. ut l l (citing Com pl. i! 35).) Aller conducting this review the NPS reaffirmed its
initi<d decision that a new concession contract should be issued. (See Ex. 13 to id.) Thus, by
letter of January 18, 2013, NPS, through its Regional Director, infbnned Plaintiff that:
[T]hc decision has been made to issue u new temporary concession contract for non-
motorized boat rental and storage services and to allow you to continue your operations
until such time as the contract is awarded provided that your occupancy comports with
National Park Service st<mdards with respect to health, sufety, und responsible
stewardship for the natural environment. Accordingly I am rescinding my letter to you of
December 18, 2012. The National Purk Foundation concurs with this action.
Today, the Nutionul Park Service will release a Request fbr Qualifications (RFQ) fi:lr non-
motorized boat rental and storage services at or near the location of the present operation.
We will evaluate all responsive proposals, including yours should you wish to submit
one, in a fair and consistent fashion to asccrt<1in which best responds to the RFQ and
meets the requirements of the contract. The deadline to respond is February 6, 2013.
Upon completion of the process for selection of the new operator, we will notify you and
provide information if necessary as to our requirements for the orderly transition from the
current open1tion to that of the selected concessioner.
(Id.) Thirteen (13) days later, PlaintifTfilcd its complaint in this case on January 31, 2013 [ECF
No. l]. Plaintiffs complaint asserts five (5) grounds fix relief;
5
I.) Count one fbr declaratory relief ugainst the Federal De fondants (Comp!. at 11-16);
2.) Count two for generalized "temporary, prelimin<try, <ind permanent" injunctive relief
<tg<tinst the Federal Dcfondants (id. at 16-17);
3.) Count three for intention<tl interference with business relationships against the
Foundation (id. at 17-19);
4.) Count four for "conspiracy to carry out an unlawful eviction" against the Foundation
(only) (id. at 19-20);
5.) Count five for negligent interference with business relationships against the
Foundation (id. at 20).
Plaintiff chose not to submit a response to the RFQ by February 6, 2013. On February
15, 2013 (fifteen (15) days atler it filed its complaint and nine (9) <fays after the RFQ deadline),
Plaintiff filed <I Motion for Temporary Restraining Order and Preliminary Injunction, which was
docketed on February 18, 2013 [ECF No. 12]. The Court, by Minute Order of February 18,
2013, ordered a telephonic status conference to be held on February 19, 2013 at 4:30 p.m., and,
after that conforcncc, ordered the purties to propose a bricling schedule. The Court grnnted the
parties the proposed briefing scbedule and indicated that it would endeavor to resolve the issues
before it prior to M<1rch JI, 20 I J.
In <1nticipation of a full resolution of this case by March 31, 2013, and after considering
<iii of the responses submitted , " again, NPS could not even consider Plaintiff for the new
concession contract as Plaintiff declined to subn1it a response to the RFQ ,,, NI'S did tw<! things
on March I, 2013: I) it notified the author of the winning submission and issued a press release
announcing NPS's intention to enter into a two-year temporary concession contract with that
vendor; and 2) in an abundance or caution (<md despite the January 18, 2013 letter indicating that
6
Pluintifl; if not selected in response to the RFQ, would need to vacate once <I temporary contract
was awarded), sent Plaintiff a letter providing thirty-five (35) days' notice of Plaintiff's need to
vacate and NPS's intention t<! take ad ion on April 7, 20 l 3. (S'ee PL Emer. Mot. [FCF No. 15] at
6.) Specifically, Plaintiff would need to vacate the premises by April 7, 20 l 3. (See id.)
Pluintitl; despite deciding not to submit a response to the RFQ and despite having, at most, an
implied month-to-month lease, has stated publicly that it "expects the litigation to drag on for <It
le<1St a year or two, allowing Jack's to continue operating ... "(Pl. Emcr. Mot. at l 7) and that this
"litigation could drug on for several years." (Id. at 19.)
II. STANDARD OF REVIEW
A. Dismissal l'ursuant to Rule 12(h)(l) for Lack of Jurisdiction
A motion to dismiss under Federal Rule of Civil Procedure l2(b)(l) "presents a threshold
challenge to the Court's jurisdiction," and thus "the Court is obliguted to determine whether it
has subject-matter jurisdiction in !ht' first instance." Curran v. llolder, 626 F. Supp. 2d 30, 32
(D.D.C. 2009) (internal citation and quotation marks omitted). "[l]t is presumed that a cause lies
outside [the federal courts'] limited jurisdiction," Kokkonen v. Guardian Life Ins. Co. <!/'Am.,
511 U.S. 375, 377 ( l 994), unless the plaintiff cnn establish by a preponderance of the evidence
that the Court possesses jurisdiction. See, e.g., U.S. ex rel. Digital llealthcare. Inc. v. Affiliated
Computer, 778 F. Supp. 2d 37, 43 (D.D.C. 20 I l) (citing llollingsworth v. D11ff; 444 F. Supp. 2d
61, 63 (D.D.C. 2006)). Thus, the '"plaintiffs factual allegations in the compl(1int ... will bear
closer scrutiny in resolving a 12(b )(I) motion than in resolving a l 2(b)(6) motion for failure to
state a claim."' Id. (quoting Grand Lodge ofFraternal Order <!f'Police v. Ashcndi, 185 F. Supp.
2d 9, 13-14 (D.D.C. 200!) (internal cit<1tion and quotation marks omitted)).
7
Case 1:1.3-cv-00130-CKK Document 21 Filed 03/08/13 Page 10 of 27
More specifically, a Ruic 12(b)(I) motion to dismiss frir lack of jurisdiction may be
presented as either a facial or factual challenge. "A facial challenge attacks the factual
allegations or the complaint that arc contained on the face of the complaint, while a factual
challenge is addressed to the underlying facts conl(lined in the complaint." Al-Owhali v.
Ashcrqf/, 279 F. Supp. 2d 13, 20 (D.D.C. 2003) (internal quotations and citations omitted).
When a dctcndant makes a facial cha! lenge, the district court must accept the allegations
contained in the complaint as true and consider the factual allegations in the light most fav(1rable
to the non-moving party. Le<1therman v. Tarran/ Cnty. Nt1rcotics Intelligence & Coordination
Unit, 507 U.S. 163, 164 (1993); see also Erby v. United States, 424 F. Supp. 2d 180, 182 (D.D.C.
2006). With respect to a factual challenge, the district court may consider materials outside of
the pleadings to determine whether it has subject matter jurisdiction over the claims. .Jerome
S1<1vens Pharmacy, Inc. v. FDA, 402 F.Jd 1249, 1253 (D.C. Cir. 2005). The pl<tintiff bems the
burden of establishing the factual predicates of jurisdiction by a prcpondenmce of evidence.
Erby, 424 F. Supp. 2d at 182.
U. Dismissal Under Rule 12(h)(<i) of the Federal Rules of Civil Procedure
On a motion to dismiss for failure to sl<lte a claim upon which relief can be granted
pursuant to Ruic 12(b)(6), the Court should dismiss a claim if the plaintiff's complaint fails to
plead "enough facts to st<ite " claim to relief that is plausible on its face." Bell Atlantic Corp. v.
Twombly, 550 U.S. 544, 561 (2007) (clarifying the standard from Conley v. Gibson, 355 U.S. 41,
45-46 ( 1957)). To survive a motion to dismiss, a complaint must contain sufficient factual
m(llter, accepted as true, to "state a claim to relief that is plausible on its foce." Ashcrq/i v. Iqbal,
556 U.S. 662, 679 (2009) (quoting Twombly, 550 U.S. at 570); see also In re Sealed Case, 494
F.3d 139, 145 (D.C. Cir. 2007).
8
Further, when evaluating a motion to dismiss under Ruic 12(b)(6), a district court is
required to deem the factual allegations in the complaint as true and consider those allegations in
the light most favorable to the non-moving party. 'li-udeau v. FTC, 456 F.3d 178, 193 (D.C. Cir.
2006). But where a complaint pleads facts that arc "merely consistent with" u defondant's
liability, it "stops short of the line between possibility <111d plausibility of entitlement to rnliel'."
Twombly, 550 U.S. at 557. Accordingly, a "court considering a motion to dismiss can choose to
begin by identifying pleadings thut, because they arc no more than conclusions, arc not entitled
to the assumption of truth. While legal conclusions can provide the fnuncwork of i1 complaint,
they must be supported by factual allegations." Iqbal, 556 U.S. at 679.
C. Standnrd of Review of Motions for Tcmporay Restraining Ordcr/Prcliminnry
Injunction
This court may issue a prelimimiry injunction only when the movant demonstrates that:
(I) there is a substantial likelihood plaintiff will succeed on the merits;
(2) plaintiff will be irreparably injured if an injunction is not grunted;
(3) an injunction will not substantially injure the other party; and
(4) the public interest will be furthered by an injunction.
Barton v. District t!f' Co/um., 131 F. Supp. 2d 236, 241 (D.D.C. 2001) (quoting Mova
Pharmaceutical Corp. v. Sha/ah!, 140 F.Jd I 060, I 066 (D.C. Cir. 1998)); see also Winter v.
Natural Res. D ~ f Council, 555 U.S. 7, 20 (2008); Gordon v. Holder, 632 F.3d 722, 724 (D.C.
Cir. 2011; Banks v. Harrison, 864 F. Supp. 2d 142, 145 (D.D.C. 2012). Truditionully, courts
have analyzed those factors on a "sliding scale," balancing them against each other. Barton, 131
F. Supp. 2d at 241 (citing CilyFed Fin. Corp. v. <)ffice of Thrifl Supervision, 58 F.3d 738, 746
(D.C. Cir. 1995)) (citations and quotati(ln omitted). Under that approach, the "four factors ure
not considered in isolation from one another, and no one factor is necessarily dispositivc as to
whether preliminary injunctive relief is warranted." Id. But as this Court has recognized,
9
Case l.:1.3-cv-00130-CKK Document 21 Filed 03/08/13 Page 1.2 of 27
"[r]cccntly, the continued validity of that approach has been called into some doubt, <is the ...
[D.C.] Circuit has suggested, without holding, that a likelihood of success on the merits is an
independent free"standing requirement for a prcliminury injunction." TD Bank NA v. Pearl, -- F.
Supp. 2d "", Civil Action No. 1201315 (CKK), 20 I 2 WL 4101946, at *2 (D.D.C. Sept. 19,
2012). The Court need nol resolve th<tt open question here, because Plaintiffs claims do not
satisfy either standard.
The purpose or temponiry injunctive rclicf"is merely to preserve the relative positions of
the parties until a trial on the merits can be held." Univ. of'Tex. v. Camenisch, 451 U.S. 390, 395
( 1981 ). But, temponiry or prclim inary injunctive relict; as an extraordinary form of relict;
"should not be grunted unless the movant, by a clear showing, carries the burden ()f persuasion."
Banks, 864 F. Supp. 2d al 145 (quoting Maturek v. Armstrong, 520 U.S. 968, 972 (1997))
(internal citations omitted).
III. ARGUMENT
Plaintiff, whose case rests on a now"terminuted, implied month"to"month lease, hus fallen
far short of sufficiently pleading any entitlement to relief. Further, Plaintiff has foiled to plead a
valid waiver of sovereign immunity for its tort claims. Additionally, Pluintiff has not satisfied
the requirements necessary for constitutional standing. finally, Plaintiff falls far short of
demonstrating an entitlement to any injunctive relief. For these reasons, Plaintiffs complaint
should be dismissed imd Pluintitl's motion should be denied.
I 0
A. Plaintiff Has Not Pied thnt It Hns Exhausted Its Administrative Remedies
and this Court Lacks Jurisdiction Over PlaiutirPs Tort Claims
Plaintiff has attempted to plead three claims against the Federal Defendants sounding in
tort. Each of these claims is burred f(lr lack of subject matter jurisdiction as Plaintiff has foiled to
exhaust its ;1dministrativc remedies under the only applicable waiver of sovereign immunity, the
Federal Tort Claims Act ("FTCA"), 28 U.S.C. 1346(b), by failing to present those claims
administratively before the agency. "The Fedentl Government can only be sued insofar as it has
agreed to be sued." E/1ps v. U.S. Ally. Gen., 575 F. Supp. 2d 232, 238 (D.0.C. 2008) (citing
F.D.1.C. v. Meyer, 510 U.S. 471, 475 (1994)). '"Absent a waiver, sovereign immunity shields
the Federal Government and its agencies from suit."' Id. (quoting Meyer, 510 U.S. at 475); see
also United Stales v. Nordic Village, 503 U.S. 30 ( 1992)). The FTCA is unavailable to the
however. Like the plaintiff in l1iJfl.I', Plaintiff h<ts foiled to "exhaust[] necessary
udministrutive remedies under the FTCA, which is a mandatory prerequisite .... " Id. (citing
GAF Corp. v. United States, 818 F.2d 90 I, 904-05 (O.C. Cir. 1987)). Thus, as Plaintiff cannot
identify a valid waiver of S<!wreign immunity, all common law tort claims (Counts J, 4, und 5)
against the Federal Defondants should be dismissed for lack of subject malterjurisdiction.
Further, even if Plaintiff had exhausted its administrative remedies, there is no waiver of
sovereign immunity llnder the FTCA for Plainlifl's claims. Although the FTCA wuives the
government's immunity "with respect to da1m1ges or injuries caused by the 'negligent or
Plaintiff also thilcd h} explicitly valid waiver ol' sovereign imn1unity for its clailns for injunctive
relief and sorne federal courts have disnlisscd co1nplaints which cite t)nly the federal question statute, 28 U.S.c:.
1331 and the Declaratory Judgment Act, 28 U.S.C. 2201 '"a hasis for a waiver of sovereign immunity. In its
sh1tcmcnt of jurisdictioni Plaintiff clairns that this (:ourt has jurisdiction pursuant to 28 U.S.C. 1331 and the
Dcclaratmy Judgment Act, 28 U.S.C. 220 I. (See Comp I. at 5.) It is well"settled that the Dccl<tntory Judgment
Act is not a waiver of sovereign i111111unity tbr the federal govcrntncnt. See, e.g.) 1'Valton v .. !"ed. Bureau qf'Prlsons,
533 F. Supp. 2d 107, 114 (0.0.C. 2008) (holding that neither 28 U.S.C. 1331nor28 U.S.C. 2201 act as waivers
of sovereign immunity for the federal govcrrunent). 'fhe 1).C. c:ircuit has, however, taken n1orc sweeping view of
the waiver immunity contained in the Adrninistrative Procedure Act, 5 U.S.C. 702, implied that it
1nay apply when, as here, a plaintiff thils ttJ adequately plead it as a waive!' of sovereign in11nunity. See Trudeau v,
!'ed. frade Com'n, 456 F.3d 178, 186 (D.C. Cir. 2006).
II
Case 1:13,cv"00130-CKK Document 21 Filed 03/08/13 Page 14 of 27
wrongful act or omission of a government employee acting within the scope of employment,' see
28 U.S.C. 1346(b), it has not w<iived immunity for every type of tort." Kugel v. U.S., 947 F.2d
1504 (D.C. Cir. 1991 ). Two applicable FTCA exceptions arc the "intentional tort" exception and
the "contract rights" exception. Spccilically, the FTCA states that immunity is n(lt waived <ts to:
Any claim arising out of assault, battery, false arrest, malicious prosecution, abuse of
process, libel, slander, misrepresentation, deceit or interference with contrnct rights:
Provided, That, with regard to acts or omissions of investigutive or law enforcement
ofliccrs of the United States Government, the provisions of this chapter and section
1346(b) of this title shall apply to any claim arising, on or titler the date of the enactment
or this proviso, out of assault, battery, folsc imprisonment, folse arrest, abuse of process,
or malicious prosecution. For the purpose (lf this subsection, "investigative or law
enforcement officer" means any officer of the United States who is empowered by law to
execute searches, to seize evidence, (Jr l(J m<tkc arrests for violations of' Federal law.
28 U.S.C. 2680(h) (emphasis added).
Herc, Plaintiffs tort claims are based solely on an implied month-to-month lease between
Pi<tintiff and NI'S, rendering them barred under the "contract rights" exception. Additionally,
Counts Three (intentional interference with business relationships) mid Four (conspiracy to carry
out an unlawful eviction) arc also barred by the "intentiomd tort" exception. This Court
therefore lacks jurisdiction over PlaintilTs tort claims and Counts Three, Four, and Five should
be dismissed.
Plaintiff apparently attempts to salvage its tort claims from dismissal by claiming that the
Foundation is the alleged tortftmsor. Plaintiffs complaint, however, reveals that Plaintiff has
made no plausible allegations against the Foundation, <;/.' Iqbal, 556 U.S. at 679, but rather only
makes allegations ag<tinst NPS. Specifically, Plaintiff alleges in Count Three that the Nl'F would
be liable "through actions taken on its behalf by the NPS."
2
(Comp I. at 18, 69.) Additiomilly,
Plaintiff's co1nplaint ulso seems to acknowledge that its NPS rather than NPF when
it states 111uking sensc)i "Since the NPF, along with the NPS, issued its f.)ccctnbcr 26, 2013 [sic], Jack's
LLC has suffered loss of business in boat storage custon1crs." ((:on1pl. at 18, ii 70.)
12
Count Four alleges that the Foundation acted "in concert" with the NPS. (See Comp!. at 19, irir
78-80.) Finally, Count Five repeats the same allegation as Count Three that the Foundation
would be liublc "through actions taken on its behalf by the NPS." (Comp!. at 20, ii 84.) Thus,
Plaintiff has failed to make any plausible allegations to sustain a tort claim against the
Foundation and, in fact, all of its allegations claim wrongdoing by NPS. Therefore, the FTCA
bars these claims and they should be dismissed.
JI. Plaintiff Lacks Standing to Bring Its Claims
3
Throughout its complaint and its motion, Plaintiff makes two sweeping claims: 1) that
the transfer of administrative jurisdiction from the District of Columbia to NPS was defective or
improper, resulting in a reversion of administrative jurisdiction to the District; and 2) that
Plaintiff is/was a party to the 1973 lease between the District and Plaintiff's former business
p<irtner's parents, allowing it to challenge the trimsfor. Plaintiff lacks standing to make either
claim and, therefore, this Court hicks jurisdiction.
"'Article Ill standing ... enforces the Constitution's case-or-controversy requirement."'
DaimlerChrysler C'orp. v. Cuno, 547 U.S. 332, 342 (2006) (quoting Elk Grove Un/fled School
Dist. v. Newdow, 542 U.S. I, 11 (2004)). "The 'core component' of the requirement that a
litigant have standing to invoke the authority of a federal court 'is an essential and unchanging
part of the case-or-controversy requirement of Article Ill."' Id. (quoting Liyan v. Defenders'!/
Wildl{/e, 504 U.S. 555, 560 ( 1992)). "The requisite elements orthis 'core component derived
directly from the Constitution' arc familiar: 'A plaintiff must allege personal injury fairly
traceable to the defendant's allegedly unlawful conduct and likely to be redressed by the
requested retie["' Id. (quoting Allen v. Wright, 468 U.S. 737, 75 f (1984)). If a plaintiff fails to
The Federal Dctbndants also join in the ()istrict of Columbia's argurncnts related to Plaintifrs inability t ~
satisfy Article Ill standing. (Siee De!'. Dist. ofColum. Mot. to Dismiss [ECF No. 19] "t4-8.)
13
est<iblish constitutional standing, then a fodcrnl court lacks jurisdiction to review its claims. See
Grocery Mfrs. Ass 'n v. E.P.A., 639 I' .3d 169, 174 (D.C. Cir. 2012) (citing L'!ian, 504 U.S. at
560).
I. Pluintiff CannnLi;;laim General Standing
l%intitl's first failure to establish standing relates to his assertion that administrative
jurisdiction of the property on which Plaintiff operated its business reverted back to the District
!him NI'S. Plaintiffs assertion that underpins its cluims fails for two reasons. First, to the extent
Plaintiff uttempts to challenge the transfor of <tdministrative jurisdiction of vurious Georgetown
w;iterfront parcels of land between the District and NPS, Plaintiff cannot make such a
generalized challenge, See DaimlerChrysler Corp., 547 U.S. at 342-46 (rejecting state
taxpayers' chullenge to state's actions related to award of frunchise tax credits and holding that
same principles precluding gencnil taxpayer standing for actions against the fcdenil government
equally apply to state taxpuyers). Thus, to the extent Plaintiff attempts use its taxpayer status to
challenge the transfor of administrative jurisdiction from the District to NPS, Plaintiff lacks
standing to bring ;1ny claim against either entity.
2. PlaintjJ[fa.Not a Party to the l.&,we ;md C<innot Bring ll<ised
QD..JJ:cqJ,ease' s Terms
Ne1't, Plaintiff lacks standing to challenge any transfor of administrative jurisdiction
bcc>1usc it was not a party to any express lease between the District and its former business
partner's parents and, even if it could claim <I valid leasehold interest, any challenge is moot. See
Au/ozone Dev. Corp. v. District 484 F. Supp. 2d 24, 28-30 (D.D.C. 2007). In
Autozone, the plaintiff claimed that its leasehold interest (which had been assigned to it by a non-
party lessee) had been diminished by the exercise of eminent domain over the property covered
by the lease, and thus claimed to have standing to challenge the dcfcnd<mt's acquisition of the
14
property. Id. at 27, 29. The plaintiff claimed that the tnrnsfcr lwd placed a "cloud" over the
property, reducing the vulue of the leasehold, see id. at 28-29, and also claimed that the sale of
the property cause financial harm because the proceeds were not shared with them. Id. at 30.
This Court, however, held th<1t since the plaintiff's leasehold interest remained the same und the
property remained encumbered by the lease allcr the transfer of ownership, the plaintiff failed to
demonstrate a concrete, actual, <)r imminent injury and, therefore, lacked standing. Id. <1t 30.
Here, Plaintiff has not shown that the tnmsfer of administrative jurisdiction caused it any
C<mcrete injury. Neither of Plaintiffs two supposed predecessors-in-interest challenged the
transfor of administrative jurisdiction between the District and NI'S when it originally occurred
and the rent paid ($356 per month for Georgetown waterfront property) did not increase at!cr the
transfor. Further, when Plaintiff formed in 2007, it did not challenge any provision of the le<1se,
whether NPS or NPF was a proper party to it, or the transfer of jurisdiction.
Finally, as noted above, the District docs not contest the transfer of <1dministrative
jurisdiction, nor docs Plaintiff plead that the District would act difforcntly if administrative
jurisdiction did revert hack to it. Therefore, Plaintiffs claims arc not redressable. As the D.C.
Circuit has repeatedly expl!iined that, "[w]hcn redress depends on the cooperation of a third party, 'it
becomes the burden of the [plaintiff! to adduce facts showing that those choices [of the third party]
have been or will be made in such manner as to pmducc cimsation and permit redressability of
injury."' US Ecology, Inc. v. United Sia/es DOI, 23 I F.2d 20, 24-25 (D.C. Cir. 2000) (quoting
L11jan, 504 U.S. at 562); see also Miami Bldg & Contsr. li'ades Council v. Sec'y c f D ~ f . . 493 l'.3d
201, 205"07 (D.C. Cir. 2007). "Mere 'unadorned specul;1tion' as to the existence of a relationship
between the challenged government action and the third-party conduct 'will not suffice to invoke the
foderal judicial power."' Nat 'I Wrestling Coaches Ass 'n v. Der'/ <!/Educ., 366 F.3d 930, 938 (D.C.
Cir. 2004) (citing Simon v. E. Ky. Welfare Rights Org., 426 U.S. 26, 41-46 (1976)). Therefore, as
15
Case 1.:13-cv-00130-CKK Document 21. Filed 03/08/13 Page 1.8 of 27
Plaintiff foils to demonstrate how the transfer of administrative jurisdicti1m between the District
and NPS had any effect on any purported leasehold interest, Plaintiff lacks standing to ch;tllcnge
the transfer.
3. Plaintitrs Claims Arc T.U!).!?,-Barred
In addition to failing to establish constitutional standing, Plaintiffs claims should be
dismissed as time-barred. "A defondant may raise lhe affirmative defense of a statute of limitations
via a Rule 12(b)(6) motion when the facts giving rise to the dcfonse are apparent on the face of the
complaint." AMTRAK v. Lexington Ins. Co., 357 F. Supp. 2d 287, 292 (D.D.C. 2005); Accord
.Jovanovie v. US-Algeria Bus. Council, 561 F, Supp. 2d I 03, 111 (D.D.C. 2008). As noted above,
though not specifically pied, the only applicable waiver or sovereign immunity for Plaintilrs claims
frll' injunctive relief is the Administrative Procedure Act ("APA"), 5 U.S.C. 702 el seq. "Unless
another statute prescribes otherwise, a suit challenging final agency action pursuant to section 704
must be commenced within six yearn after the right of action first accrues." Harris v. F.A.A., 353
F.3d 1006, 1009-10 (D.C. Cir. 2004) (citing 28 U.S.C, 2401(a); Sendra Corp. v. Magaw, 111 F.3d
162, 165 (D.C. Cir. 1997)). "The right of action first accrnes on the date of the final agency action."
Id. (citing Sendra Corp., 111 F.3d at 165; lmpro Prods .. Inc. v. Block, 722 F.2d 845, 850-51 (D.C.
Cir. 1983) ("In this case, where no for'lllal review procedures existed, the cause of action accrued
when the agency action occurrcd.")).
Herc, Plaintiff seems to contest the assignment of the leasehold interest to the Foundation.
(See Comp!. at 8, ir 26.) Plaintiff notes in its complaint that this action occurred in April 2000,
therefore, any claim that PlaintilTmay attempt to raise related to that assignment is time-barred under
the APA 's six-year statute of limitations by almost seven (7) years. Tlnis, any such claims should be
dismissed.
16
C. Plaintifrs Only Interest in the Property Is. At Most, a Mouth-to-Month
Tenancy and Plaintiff li'nils to State a Claim as a Matter of Law
Plaintiff's complaint and motion for injunctive relief seem to imply that Plaintiff
possesses a leasehold interest greater than Plaintiff possibly could. At best. Plaintiff either: I)
was a successor in interest to the 1973 mont!Ho-month lease between the District and Plaintiffs
fbrmer business partner's parents (see Ex. 4 to Pl. Mot. for Temp. Restraining Order at 4"5); or
2) Plaintiff entered into a pe1fodic, month-to-month tenancy with NPF. See Restatement 2d
Prop., Land. & Ten. l.5(d) ("Where the parties enter into 11 lease of no stated duration and
periodic rent is reserved or paid, a periodic tenancy is presumed. The period thus presumed is
equal to the interval for which rent is reserved or paid."). In either case, the result is the same:
Plaintiff had - at most- a claim to a month-to-month periodic tenancy on the property.
I. NPS Hus Provided More than Suflji.9J!Ll::!.oticc for Plaintiff to Vacate
As Plaintiff cannot claim entitlement to more thun a month-to-month tenancy under any
basis in either law or fact, NI'S has provided more than ample notice of termination and
Plaintiffs need to vacate, and Plaintiff cannot state a claim us n matter of law. As outlined
above, NPS has in no way hidden its intentions from Plaintiff. In fact, Plaintiff knew of NPS's
intention to convert the property to a temporary concession contntet since no later than August
2012 (Comp!. ii 32); knew of the publication of N PS 's Request for Qualifications for a thirty"onc
(31) day period and chose not to submit a proposal (id. ii 36); knew of NPS's Request for
Quulificati<ms, but w<tited ti flecn ( 15) days to file its complaint (see generally id,); knew that the
deadline for submissions in resp<msc t<i the Request for Qualifications was February 6, 2013 (id.
ii 37), but waited for nine (9) days to seek "emergency" injunctive relief; and knew over six
weeks ago (id. ii 36), that it would need to vacate the premises upon award of a new concessions
contract (and chose not to submit a proposal); und now has received at least thirty"fivc (35) days'
17
notice (See Pl. Emer. Mot. [ECF No. 15] at 6) to vacate. Thus, even assuming all of Plaintiff's
allegations as true for purposes of u motion to dismiss, Plaintiff cannot state a plausible claim for
relief as it has received more than the notice required under any theory. Therdbre, Plaintiff"s
complaint should be dismissed for failure to state a claim.
2. Plaintill"L<'.1J.temnt to Apply Columbia Law to !2!!l.\!v ..
Is lncorrc_gj as Federal ComtnOJLl.-d!.w Controls
Presumably in keeping with its publicly stated intention to "drag [this litigation] on for at
least a year or two," Pluintiff alleges that, under District ol' Columbia law, the Federal
Defondants cannot engage in a eviction" and that Plaintiff is a tenant who cannot be
evicted absent a court order. Plaintiff is wrong. See Prudential Ins. Co. q(America v. United
States, 80 I F.2d 1295, 1298 (Fed. Cir. 1986).
In fact, as the Federal Circuit has noted, "It is well settled that contracts to which the
government is a party and thnue;h " lca8\Y may C(>n('l'rll und convey a property interest itis also
very much a contract - arc normally governed by federal law, not by the law of the state where
they arc made or performed." Id. (citing United States v. County t!f'Allegheny, 322 U.S. 174, 183
( 1944): /'{J1wan v. United States, 767 F.2d 875, 879 (Fed. Cir. 1985)) (additional cit<ttions
omitted). Thus, federal common l<1w or general principles of common landlord-ten;rnt law upply
not any specific provisions of D.C. Landlord-Tenant law. Further, as noted by the Federal
Circuit in Prudential:
A general rule of landlord-tenant law, us applied between priv<1tc purtics, is that the
expiration or termination of a lease agreement terminates all rights of the lessee in the
premises, <1nd it becomes the lessee's duty to surrender possession of the leasehold to the
lessor. 49 Am . .fur. 2d Land. & Ten. 1013 (1970): Restatemrmt 2d <!/Prop. 14.6,
Reporter's Note to Section 14.6, n.2 (1977) (in making <1 lc<1se, the tenant has contr<1cted,
in effect, to surrender the premises upon the termination of the lease .... by holding over
the tenant has breached the lease). It is a covemmt, either express or implied, of all leases
for a definite term that the lessee will vacate the leasehold at the expiration or termination
18
Case 1:13-cv"00130-CKK Document 21 Filed 03/08/13 Page 21 of 27
of the lci1se. Catholic Bishop qj'Nesqua//y v. Gibbon, 158 U.S. 155, 170 (1985); 49 Am .
.fur. 2d 1013.
801 F.2d at 1298. As discussed above, Plaintiff has received more notice th<tn that contemplated
by either the e)(press lease or any implied month"to"month lease that e)(isted between the parties.
Therefore, pursuant to federal common law and gencrul principles of common landlord"tenant
law, Plaintiff is required to vnci1te nt the end orthc lease term and Plaintiff cannot state a claim.
3. Even If Plaintiff Could St<1te a Theoretical Claim for Eviction. the
Federal Dcfondants Would Be Entitled to Use All Av<1ilable Recourse Should
Plaintiff Attempt to Hold-Over
Alternatively, Plaintiffs claims arising from his allegation of an improper
eviction (Counts One, Two, and Four) arc speculative in nature and also misstate the applicable
law. As discussed, the Federal De fondants have sent Plaintiff a notice letting it know that it must
vacate the premises by April 7, 2013. Additionally, as described above, PlaintifThas a duty to
peaceably vacate the premises at that time. See Prudenlia/, 80 I F.2d at 1298 ("It is a covenant,
either C)(prcss or implied, of all leases for a definite term that the lessee will vacate the leasehold
<tt the expiration or termini1tion of the lease.") (citing Gibbon, 158 U.S. at 170; 49 Am . .fur. 2d
1013). Therefore, under the applicable l<1w, the Fcdent! Defendants assume that the PlaintilTwill
depart the premises by April 7, 2013, and any claim related to whut will or should occur on this
dutc is speculative and fails to state a claim. Should Plaintiff fail to vacate the premises by April
7, 2013, however, Plaintiff would be on NPS land without a lawful right or purpose and subject
to any und <111 recourse available to NI'S.
D. Plaintiff Has Fallen Far Short of Proving Entitlement to Injunctive Relief
As stated above, in its determination of whether the Plaintiff should be entitled to
injunctive relict; the Court looks to four factors:
(I) there is i1 substantial likelihood plaintiff will succeed on the merits;
19
(2) plaintiff will be irreparably injured if<m injunction is not granted;
(J) an injunction will not substantially injure the other party; and
(4) the public interest will be furthered by an injunction.
!Jarton, 131 F. Supp. 2d at 241 (additional citations omitted). Injunctive relief "should not be
granted unless the movant, by a clear showing, C(ll"ries the burden of persuasion." lianks, 864 F.
Supp. 2d at 145 (quoting Mazarek, 520 U.S. at 972) (internal citations omitted). In this case,
Plaintiff has fallen far short of sustaining its burden and Plaintiff's motion for injunctive relief
should be denied.
In fact, Plitintiffs claims fail for similar reasons as those examined by this Court in
Barton. In that case, a proprietor of a seafood business was assigned two leases at the Wharf at
1100 M<iinc Avenue, S. W. !Jar/on, 131 F. Supp. 2d at 238. Aller expiration of a lengthy lease
term, all of the leaseholders at the Wharf became montlHo-month tenants. Id. The manitger of
the property, the District of Columbia, entered into lease negotiations with each of the tenants,
but the plaintiff in Barton refused to accept the District's 30 year le<1se offer or enter into
negotiations. Id at 240-41. The plain ti ff then made seventl claims of procedural error and
constitutional claims against the District and sought injunctive relief barring the District from
taking action against his business. Id. at 240-42. This Court found that Plaintiff had failed to
sustain its burden of persu<1sion on any of the four factors as its voluntary decision not to enter
into a new lease arnmgcment was the cause of its prcdiearncnt not any action by the defend<mt.
See id. at 245"48. Herc, Plaintifl's claims for injunctive relief fail for similar reasons.
I. Plaintiffs .. WLlb Merits is Extremely Low
For the reasons discussed above, Plaintiffs likelihood of success on the merits is
exceedingly low as Plaintiff's complaint fails to state a claim and has fatal jurisdiction<ti defects.
Plaintif"l's only interest in the property on which it had conducted its operutions is either an
20
express or implied month-to-month lease. That lease has now been terminated with more than
ample notice. Additionally, Plaintiffhus not adequately pied nor exhausted any of its tort claims.
Finally, Plaintiff made the knowing and voluntary decision not to submit a proposal in response
to the RFQ, making it impossible for NI'S to select Plaintiff as the concessioner going forward.
Thus, Plaintiff is highly unlikely to succeed on the merits of its claims as Plaintiff can
demonstrate no wrongdoing on the part of the Federal Defendants, nor can it show a viable claim
for relief. Id. at 246-47.
2. Pia inti ff CannoUilig_w Irreparable Harm
As this Court noted in Barton, a "preliminary injunction movant docs not satisfy the
irreparable harm criterion when the alleged harm is seif:inflicted." Id. at 247 (quoting Fiba
Leasing Co., Inc. v. Airdyne Indus .. Inc., 826 F. Supp. 38, 39 (D. Mass. 1993)); see also San
Francisco Real Es/ale Investors v. Real Estate Investment Trust, 692 F.2d 814, 818 (I st Cir.
1982); see also id. at 247-48 ("As noted above, the plaintiffs, who were month-to-month tenants
throughout the negotiation process - or their prior counsel appear to have made a gross
miscalculation by not accepting the District's good-faith offer to sign a contract for a 30-year
lease."). Herc, any claim of injury to Plaintiff is self-innictcd as Plaintiff made the ill-advised
decision to decline to submit a proposal in response to the RFQ, precluding uny possibility that it
could be awarded the concession contract. Therefore, Plaintiff fails to make a showing of
irrep<1rable harm.
3. Harm to the Fedentl
This factor cuts strongly in favor of the Feden1l Defendants. As outlined above,
taxpayers have long been providing a windfall to Plaintiff for the amount between fair market
rent for Georgetown wlltcrfront property and the $356 per month puid in rent. Additionally, NPS
21
case 1:13-cv-001.30-CKK Document 21 Filed 03108/13 Page 24 of 27
lms received a Congressional mandate to provide services such as non-motorized boat services
through concession contracts. See 16 U .S.C. 5952. Thus, should the Court somehow find that
Plaintiff has stated a valid claim and has rights beyond the terminated express or implied month-
to-1nonth lease, the Fcdcn1l Defondants (und U.S. taxpayers) would be continually harmed and
NPS could possibly risk Congressional reaction to its inability to abide by the statutory mandate
to provide concession contracts.
4. The Public Not Be Served by Injunctive Relief
Finally, the fourth factor m whether the public interest would be served by an injunction
clearly tips in favor of the Federal Defendants who represent the interests of the public. As noted
immediately above, the taxpayers have borne the brunt of Plaintill's windfall profits hetween its
anemic rent paid and the market rent for the public property up<m which Plaintiff conducted its
business. Further, the public deserves to have a concessioner who maintuins a safo, clean, and
hospitable operation on public land-- not it managing member who orders subordinate employees
to dispose of his excrement in plastic bags. Therefore, the public interest would not be served by
an injunction, but rather an injunction would be a disservice to the public. For ench of these
reasons, Plaintifl's m<ition for injunctive relief should be denied.
22
CONCLUSION
For the foregoing reasons, the Federal Defendants respectfi.tlly request that Plaintiffs
complaint be dismissed and Plaintiff's motion for injunctive relief be denied. Pursuimt to the
Court's standing order, no proposed order is uttuched.
Washington, DC
Respectfully suhmittcd,
RONALD C. MACHEN JR., D.C. Bar #447889
DANIEL F. VAN HORN, D.C. Bar 11924092
Chief; Civil Division
___________ _
WYNNE P. KELLY
555 4th Street, NW
(202) 307-2332
Auorneys/i!r the Nutional /'ark Service
By: /s/ -----.. -,.--,.-------
THOMAS M. BARBA, D.C. Bar#4f4280
Steptoe & Johnson LLP
1330 Connecticut A venue, NW
(202) 429-8127
tburba@stcptoe.com
Attorm:yfbr the National Park Foundation
23
TABLF, OF AUTHORITIES
Federal Cases
Accord.Jovanovic v. US-Algeria Bus. Council, 561 F. Supp. 2d 103, 111(D.D.C.2008) ........... 16
Allen v. Wright, 468 U.S. 737, 751 ( 1984) ................................................................................. 13
Al-Owha/i v. Ashcroji, 279 F. Supp. 2d l J, 20 (D.D.C. 2003) ...................................................... 8
AMTRAK v. Lexington Ins. Co., 357 F. Supp. 2d 287, 292 (D.D.C. 2005) ................................. 16
v. Iqbal, 556 U.S. 662, 679 (2009) ..................................................................... 8, 9, 12
*Au/ozone Dev. Corv v. Dislrict ofColum., 484 F. Supp. 2d 24, 28-30 (D.D.C. 2007) ....... 14, 15
!Janks v. Harrison, 864 F. Supp. 2d 142, 145 (D.D.C. 2012) ................................................. 9, 10
*llar/on v. Distrid <>J'Colum., 131 F. Supp. 2d 236, 241 (D.D.C. 200 I) .......................... 9, 20, 21
Bell Al/antic Corp. v. Twombly, 550 U.S. 544, 561 (2007) ...................................................... 8, 9
Catholic Bishop of Ne squally v. Gibbon, 158 U.S. 155, 170 ( 1985) ........................................... 19
CilyFedFin. Corp. v. Office (!l"l11riji Supervision, 58 F.3d 738, 746 (D.C. Cir. 1995) ................. 9
Conley v. Gibson, 355 U.S. 41, 45-46 ( 1957) .............................................................................. 8
Curran v. Holder, 626 F. Supp. 2d 30, 32 (D.D.C. 2009) ............................................................ 7
*DaimlerChlysler Corp. v. Cuno, 547 U.S. 332, 342 (2006) ............................................... 13, 14
Elk Grove UnifiedSchool Dist. v. Newdow, 542 U.S. I, 11 (2004) ............................................ 13
*Epps v. U.S. Ally. Gen., 575F.Supp,}d 23?, ?J8(D.D.C. 2008) ............................................ 11
. Erby v. United Stales, 424 F. Supp. 2d 180, 182 (D.D.C. 2006) ................................................... 8
/;'.D.l.C. v. Meyer, 510 U.S. 471, 475 (1994) ........................................................................... 11
Fiba Leasing Co .. Inc. v. Airdyne Indus .. Inc., 826 F. Supp. 38, 39 (D. Mass. 1993) .................. 21
N1rman v. Uniled States, 767 F.2d 875, 879 (Fed. Cir. 1985) .................................................... 18
GAF Corp. v. Uni led States, 818 F.2d 90 l, 904-05 (D.C. Cir. 1987) .......................................... 11
Gordon v. Nolder, 632 F.3d 722, 724 (D.C. Cir. 2011 ................................................................. 9
Grand Lodge q/haternal Orden!f'Police v. Ashcr<!fi, 185 F. Supp. 2d 9, 13-14 (D.D.C. 2001).7
Groce1y Mfrs. Ass 'n v. E.P.A., 639 F.3d 169, 174 (D.C. Cir. 2012) ........................................... 14
/-lollingsworth v. Di!ff; 444 F. Supp. 2d 61, 63 (D.D.C. 2006) ...................................................... 7
lmpro Prods., Inc. v. Block, 722 F.2d 845, 850-51 (D.C. Cir. 1983) .......................................... 16
In re Sealed Case, 494 F.3d 139, 145 (D.C. Cir. 2007) ................................................................ 8
Jerome Stevens Pharmaq, lnc. v. FDA, 402 F.3d 1249, 1253 (D.C. Cir. 2005) ........................... 8
Kokkonen v. Gzmrdian L!/e Ins. Co. <!/'Am., 511 U.S. 375, 377 (1994) ........................................ 7
Kugel v. U.S., 947 F.2d l 504 (D.C. Cir. 1991 ) ........................................................................... 12
Leatherman v. Tarrant Cn/y. Narco/ics Intelligence & Coordination Unit, 507 U.S. 163, 164
(l 993) ..................................................................................................................................... 8
Lz!ian v_ !J(/enders <!f'Wildlife, 504 U.S. 555, 560 (1992) .................................................. IJ, 14
Mazurek v. Armstrong, 520 U.S. 968, <)72 (1997) ................................................................ 10, 20
Miami Bldg. & Contsr. Trades Council v. Sec :V <!f D4, 493 F.3d 20 I, 205-07 (D.C. Cir. 2007) 15
Mova Pharmaceutical COip. v. Shala/a, 140 F.3d I 060, I 066 (D.C. Cir. 1998) ........................... 9
24
Nal 'I Wrestling Coaches Ass 'n v. /)ep 't r!f'Educ., 366 F.3d 930, 938 (D.C. Cir. 2004) .............. 15
*Prudential Ins. Co. ofAmerica v. United States, 80 I F.2d 1295, 1298 (Fed. Cir. 1986) ..... 18, 19
San Francisco Real Estate Investors v. Real Estate Investment Trust, 692 F.2d 814, 818 ( J st Cir,
I 982) ..................................................................................................................................... 21
Sendra Corp. v. Magaw, 111 F.3d 162, l 65 (D.C. Cir. 1997) .................................................... 16
Simon v. E. Ky. Weif(1re Rights Org., 426 U.S. 26, 41-46 ( 1976) ............................................... 15
7D flank NA v. Pearl, -- F. Supp. 2d --, Civil Action No. 12-01315 (CKK), 2012 WL 4101946,
at *2 (D.D.C. Sept. 19, 2012) ................................................................................................ 10
Trudeau v. F1C, 456 F.3d 178, 193 (D.C. Cir. 2006) .................................................................. 9
U.S. ex rel. Digital Healthcare, Inc. v. Affiliated Computer, 778 F. Supp. 2d 37, 43 (D.D.C.
2011) ....................................................................................................... ,.,,,., ......................... 7
United States v. County of'Allegheny, 322 U.S. 174, 183 ( 1944), ............................................... 18
United States v. Nordic Village, 503 U.S. 30 ( 1992) .................................................................. 11
Univ. of'Tex. v. Camenisch, 451 U.S. 390, 395 (1981) ............................................................... 10
US Ecology, Inc. v. United States DOI, 231 F.2d 20, 24-25 (D.C. Cir. 2000) ............................. 15
Walton v. Fed. Bureau <!/Prisons, 533 F. Supp. 2d 107, 114 (D.D.C. 2008) .............................. 11
Winter v. Natural Res. D4 Council, 555 U.S. 7, 20 (2008) ......................................................... 9
Federal Stntutes
16 u.s.c. 5952 ................................................................................................................... 2, 22
16 u.s.c. 5951 ....................................................................................................................... 2
28 u.s.c. 1331 ....................................................................................................................... l I
28 u.s.c. 1346(b) ............................................................................................................ 11, 12
28 u.s.c. 2201 ....................................................................................................................... 11
28 U.S.C. 2401(a) .................................................................................................................. 16
28 u.s.c. 2680(h) .................................................................................................................. 12
Federal Rules
Federul Rule of Civil Procedure 12(b)(l) ................................................................................. 7, 8
Feden1I Rule of Civil Procedure I 2(b )(6) ................................................................................. 8, 9
Other Authorities
49 Am. Jut'. 2d Land. & Ten. I 013 ......................................................................................... 18
U.S. Const. art. III ..................................................................................................................... 13
Restatement 2d of Prop. 14.6 .................................................................................................. 18
Restatement 2d Prop., Land. & Ten. I .5(d) ............................................................................. I 7
denotes authorities upon which the Federal Defendants principally rely
25
/'iWli4 Jock's l;loathouse takes battle lo court - DC Loci:1I Ni;iw,.,

.

Jack's Boathouse takes battle to court - DC Breaking Local News Weather
Sports FOX 5 WTTG
tammy_stidham@nps.gov <tammy_stidham@nps.go>t> Tue, Mar 5, 2013 at 5:29 PM
To: Peter May <Peter_May@nps.go>t>, Steve Whitesell <Steve __ Whitesell@nps.go>t>, Lisa Mendelson-lelmini
<Lisa_Mendelson-lelmini@nps .go>t>, tara,_,morrison@nps.gov, steve _lebel@nps.gov, jennifer_ mummart@nps.gov,
Jennifer Anzelmo-Sarles <jenny_anz.elmo-sarles@nps.go>t>
I missed this yesterday.
http://www. rny rox de. com/story /21449832/jack s-boalhousetak es-b;ittle-to-court#axzz2MXSJrk Ro
Tammy Stidham
National Park SeMce
1100 Ohio Drive SW
202-619-7474 office
202-438-0028 cell
Tammy __ stidhrnn@nps.gov
ttps ://mall.googla.com/mail/b/ 152/u/O/?ul=2&11<=l 534 7tl666.ll&v laW'"Pl6icat=Jack's 111
120114 Jack's Boaltiouso takos battlo to court" DC FOX 5 DC W'f1'G
Jack's
/.'(.<11(1; M'11(J. /!1.(JJ I
IJp!lil/1.d. M,1r;) I, ?01:) 10. '/:J /''1\.11::'1.'I /
- hl11
WASHINGTON, DC" It looks likc:i- tho fight to .. l'i'I J;::ick's Boathouse will be
in (.;Olirt. ,
The owner of the business. P;;iul Simkin, says he
(Hl rl(J!ICO F1id<1y, tho day the B
& G ,,if f;l()f.>lt11i wol1ld be in.
for Oo<it11ouse will be l1f.1;:.1(lin9 !cl !'.:CJurl Monday to ti)! and stop the
eviction,
And Simkin says he'll sue El cincl C boforo ho lets them put one oar in
..
not t'\cro. <.ind we <.1rcn't goino (mywh(Jro," Simkin :;<.iy!>.
In t11c thfl n0w contract, tho NPS bids ror \ha propatlY
cicceptod through FcbR!i:HY 6, ?.013, tlut C<.ino0s and KaycJks clid not
respond.''
Simkin says thEH's boc8use they hc10 r.1 rosValn!ng order from court
thern rn1.irA tirrie to sort mlngs out.
He says the In "Tho NPS inclicates its nQt t1:1 any
the plaintiff L1ntil March 31, 2012 .. So that's why this Is all the more
confusiri\J, Marr,;:h 1 :,;t, to bG glvon ov/ctlon notico," Simkin
So once again, the 2'1 employees are in limtJo. t1w
or pcoplo who frequent the tn1sinoss each yoar.
Simkin s.:iys tha frorn th0 public c:ind city le::ider5 has ()vAtwholm!ng. ancl
so tho loy8!ty from
Wt1!1e bi;i can't thoy'll have a job this Slrnkin says ovary one of
them, says theYll be thera if thay Clo.
>.Yorldnow
FJND V\fH/.\f \iJJU
W,1,,111.'lijl<'lll, llC
L', I, 1 11 L ::',I I I,;' 1 I 'i I! :
1
I :1 I I
1'.i:.\' .1<.;'1111.!)1))\1';:l'1, l)MI
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t:mMl=l .. Natlotuil ParK Scrvlco picks new Boathouse - W ...
National Park Service picks new Jack's Boathouse operator - Washington
Business Journal
tammy_stidham@nps.gov <tammy_stidharn@nps.goV> Mon, Mar 4, 2013 at 9:00 PM
To: Peter May <Peter_May@g-nps.dol.goV>, Ste'.19 Whitesell <Sts'.19_Whitesell@nps.goV>, Lisa Mendelson-lelmini
<Lisa_Mendelson-lelmini@nps .goV>, tara _ morrison@nps.gov, ste'.19_lebel@nps.gov, jennifer _
Jennifer Anzelmo-Sarles <jenny_anzelmo-sarles@nps.goV>
http: I /www. biz journals. corn/was hi ngtonlmorni ng __ cal 112013/03/national-pmk-s er.; ce-plcks-new-j ac ks. html
Tammy Stidham
National Park ser.;ce
1100 Ohio Dri'.19 SW
Washington.DC 20242
202-619-7474 office
202-438-0028 cell
Tarnrny _stidharn@nps.gov
t t ps; I Im ail. gaag!e. com/mail/ bl 152/u/Ol'lul =2&lK t!( 5:}4 "/68664 &v IE"lw;:;pl =Jack's Boathou:; o&s Ocirc t1:::, , , 111
120/14 National Park Service picks new Jcick's Eloathouso operator. W1;1ehlnglon Bu;;lness Jou1n<1I
C.hQ.O.S!La.Clti

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Was_b1ngt!;m_Business Journal Morning __
Mar 4, 2013, 6:43am EST
National Park Service picks new Jack's Boathouse
operator
Staff Washington Business Journal
The has selected B&G Outdoor Re<:reation Inc., also known as Boating in Boston, as the new operator
for the Georgetown waterfront boating space currently run by Jack's Boathouse, the
NPS IS<ued a request for qualifications for the space in January and stated It.< lntontio11 to select a new operator by the 011d
of February.
Read More at
Related links:
Jll.
We Recommend
ib1 l(ililiWi"
D.C, offiq1
!;pi'1c() in 1 '/'/H l)(lil(!irl\),
Co.li'l1fl:lC!Oi" Y\()\IC18
HQ to HMl:a)I'
VIW.bJ.qournals .com/wash Ing ton/morning ___Gi;ill/2 0 1 3/0 3/natlonti.1-p t"I rk"sorvlco"p ck:s. htrril
hy I aluwl"

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Jack's Boathouse Fight Now Up to Court I The Georgetowner
Tammy Stidham <tammy_stidham@nps.gov> Mon, Mar 4, 2013 at 8:34 PM
To: peter_may@nps.gov, Stel.<l_Whitesell@nps.gov, Lisa_Mendelson-lelmini@nps.gov, Tara_Morrison@nps.gov,
stel.<l _lebel@nps.gov, jennifer _mummart@nps.gov, jenny_ anzelmo-sarles@nps.gov
hit p://www.georgetowner.com/ arti c les/2013/ rnar/04/jacks -boathouse-fight-now
-court/
Tammy Stidham
1100 Ohio Ori'-"> SW Room 228
wice (202)619-7474
cell - (202)438-0028
tax - (202)401-0017

ttps ://mail. gaog!o. com/ m fli!I b/ 1 t\:2h1/0/?ul;;;?,&,ik. ;:;f 534 768664&v iew=pt &cat ==Jack's a&searc h= ... 111
:k's Boc::11ouse Fli:iht Now Up to Court I The
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Buylnfl'or Selling?
Our agents iUE:
in the Industry,

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**********THE***
GEORGETOWNER
NEWS & POLITICS I REAL ESTATE I FASHION I LIVING I FOOD & WINE I ARTS & SOCIElY I CALENDAR
.Jack's Boathouse Fi.ght Now Up to Court
........................................ + ................... ..
..... .............. , ................. , .......................... ,.,, ' ,.,,,.,,, ......... ,,

"Tho NPS viOl<H(I/,! (!10 lederal jtidqe's ros1rnint order,"
JocK's Bo8thouso owner P1.1ut Sinik!rl l(ll\I lhtl
Georgetownor l'vlarch 4, "Ol1r l'il()<I on
cnittK!OrlCy motion (Qr flOnGliona NPS for

rne same dEiy tho P<lrk f!r1f\O\mi;()(I
th<1\ B&G Oulr.k.i<Jr ol l:':lo!;lton b0
ow<i<dcd U10 1x111(f{l1\t to opemt8 at tho silo of Jc1ck':;
fl! K St., NW, I\ also h<.l(KI(;(! (;vWllon
notice to Simkin tvl!:1ruh 1.
In the announconwnl <1bout lhc now cot,trflct, t11t::i NPS
ii aid bid:; for UHl f)toporly "WQfO
F-OIHu<lry 6, 2013. but Cflnoea <ind Ka}'l:iks did
not rospond." Simkin told Fox 5 Now:;: "Th1.1!':s bC1J<)U$O
they hDd a rostmlni11g ordl1r f<Orr'I !()(!(tf(ll 1.ourt
thorn m-O!'l..1 lime lo l!1i11g!;l O\ll. H\'l s8ya tho l8l1or
111 pnrt, '1110 NPS imlic<ito::i lh1 <.1(JrO(l1T\Onl rwl to
1nko r.tny nctlon lho \Inti I ;)1, ?.O!J.
So \h1.1t'::i why lhl."..1 Ml ttii;: moro 1, to
i111 t)\l\Cllon notico.' ''
"Wo've f\li;id If\ h1dtJrnl court," :rnid Sirlikiii,
o\licllon by th8 Park S0NWtJ Ir\ wns
chEingod las\ lo i.l "The following is
;:i :;l11t(Jrf'H)<I\ rvo put out to supporters."
",,,WO <lfO 1he NPS :::ind Nation<il P<.\rk
Foundation 10 stop thorn from \<Jklr\fl to
ll<.1\1(1 lho tOul'! wt1ot11oi" 1110 NPS or the NPF f:l\lfJn haw tho right to try\() (JOt fl<l (If Jock's .... r'Jl of this legal
gi;itJs 898lngt our rimary phl!oaophyof pr(lvidll\(J o l<IWb(li;k wh(lro you c1.m pmkll1.:1, u:;o lh(I <in(I
just lower yotir blood ;.1 litll(),
"Whil(1 nHlY r1(1( ll(! Oqllt oflho century, It auro Is a doal to ()U( ernp!oyeo:l oustomcrs and ill lilrnly to
to f0solve unless tho NPS i.lnd lho NPF CC)fl\t) \o U\(lif .... In the moanlimo, onjoy tht1 (lr1jtiy
Jack'(> and wci will dl..1 our P<Ht by s1110 tno 0:.'.))0rif)nce ra1111.1ln:i ono w(lrth
"Wu <.1!'0 nu\ u(lh11J to t110 community or our thou:iand:; of ," 'f!:;J.i(l.
ww,georgetowner.oomtatticlest201.3/mar/04/jacksboathouseftghlnow-.court/
m
GEOR GETOWNERo,,1;,," 1:!1iti1>11
lvour Emoll
.... 1'.
!llJl.lll
SOCIAL SCENE
................ ,.,,.,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,
""""""""""""""""""""""""""""'""""""'""'"'"'''"''''''' I I +r+i""' l+ri r+rr+,.+l!rlrli lrirlrrll liilr+r+il"''''''" I
I rlr+ ii 11+1 I +r riilrlli"l ili"lii lrll+i """''"'"""'" I
! ' ........... i
"
'ffJ::. OC college Saving> Plan
Deduct up t:o
$4000
frorn Y\l\.ir UC
"'HURRY!
f.:11w11 \l'J' ()1)1), for TAX flr:NF.Fli'8
112
li'S/Mlclhouse fight Now Up to Courl l The Georgetawner
Afh.llltlO Mor ti, i1013 i:it AM
How could th.ll cltylp<irk sor.11,0 (!\110\ \'I to bring in someone from Ma:is<.lr::!ill$0\t$?'/?
.::. Wlmr, W""'" wlll1 "'" poopl07?? 't'HINK LOCAJ_ FIRBTI
Post New Comment
Cnmment!'l which uro spam, offtoplc, abu.ti.lvo, or Ul)Q fa1,1l ln11gungo will bo dolokld.
No HTML marl\llp Is UHl.s Will l'.10 tl1mc(I into linKs 3000 ch1.11'1.1r.;tcr limit.
NAME":
EMAIL Aooru:ss:
URL:
COMMENT';
C)MG M::::OIA l<.fl' PHINT I ABOUT US ) f:Jvfl..OY!vl:NT I CON IA Cl US
G!lorgetown W/Ji<.! Groi.1p, /\!I rioh1!:1 rf.!soM1d.
1054 $[r(lO\ NW DC, 2000'/
202-330-41)3'.]

Deduct
LI p to
$4000!
frorn your
DC tax
return_
1> HURRY!
Enroll by Doc.
fQr
TAX BENEFITS

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212
- Jack's Boat Hous0 Liligal!on PRIVILl::Gi::!O COMMUNICATION

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Jack's Boat House Litigation PRIVILEGED COMMUNICATION
Lackey, Melissa <molissa.lackey@sol,doi,goV> Mon, Mar4, 2013 at 7:58 PM
To: Ste'A'l Whitesell <ste'A'J_whitesell@nps.goV>, Lisa Mendelson <lisa_mendelson"iolminl@nps.goV>, Tara Morrison
<tara_morrison@nps.goV>, Ste\e LeBol <stow_lebel@nps.goV>
Cc: Robert Eaton <robert.oaton@sol.doi.goV>
Attached is my mark-up of our AUSA's Opposition to the Emergency Motion for Sanctions rned by Jack's Canoes
& Kayaks, LLC, The Opposition must be filed by 10 a.m. tomorrow, so there is almost no time for you to ro'-iow it
(I didn't rocol"' it until after 6:30 p.m.). If you do manage to blaze it and ha\e any comments, you may
call me at home at 703 534-1065 until 11 or lea"' a message or email for me by 9:15 tomorrow, so I can pass
anything along to our AUSA.
Melissa Lackey
Attorney Advisor
Mail Stop 5311
Phone: 202 513-0733 Fax: 202 208-3877
This e-mail (including any and all attachments) is intended for the use of the individual or entity to which It is
you are not the Intended recipient or the employee or agent responsible for deli"'ry of this e-mail to the intended
is strictly prohibited. If you recoi'A'ld this e-mail in error, please notify the sender immediately and destroy all
copies.
lj Jack's Canoes Opp to Mot for Sanctions.doc
74K
111
Plaintiff,
v.
NATIONAL PARK SERVICE, el al.,
Defendants.
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)
)
)
)
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)
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NATIONAL PARK SERVICE'S OPPOSITION TO PLAINTIFF'S EMERGENCY
MOTION AND MEMORANDUM FOR CONTEMPT
Defendants National Park Service ("NPS") <1!1d National Park Foundation (the
"Foundation," together with NPS, the "Federal Defendants"), by and through undersigned
counsel, hereby file this Opposition to Plaintiff Jack's Canoes & Kayaks, LLC "Emergency"
Motion for Contempt [ECF No. 15]. Plaintiffs motion is wholly without merit and should be
denied for several reasons. First, Plaintiff's counsel failed to comply with Local Civil Ruic 7(m)
and confer with either counsel for NPS or the Foundation prior to filing suit. For this reason
alone, the Court should deny the motion. See llqjjar-Nejad v. George Wash. Univ., 802 F. Supp.
2d 166, 178 (D.D.C. 2011) ("Where 'a party files a nondispositivc motion without certifying its
complianct> with Rule 7(m), the motion will be denied."') (quoting El/ipso. fnc. v. Mann, 460 F.
Supp. 2d 99, 102 (D.D.C. 2006)) (additional citation omitted). Second, should the Court
consider Plaintiffs motion despite Plaintiffs counsel's failure to comply with the Local Rules,
Plaintiffs motion both misapprehends the record and the St(1tlls of this case. In fact, NI'S has
provided more than the required notice to vacate contemplated by the lease to which Plaintiff
claims to he a party and has agreed not to take action against Plaintiff until April 7, 2013 - over a
week after the agreed-upon date of March 31, 2013. Third and finally, the Court has not entered
an order thnt could have been violated and for which sanctions could be imposed and/or n finding
of contempt could be made. For each of these reasons, Plnintift's motion should be denied.
I. SUMMARY OF RELEVANT FACTS
Over six (6) months ago, in August 2012 at the latest, Plaintiff was (\Ware that NI'S had
determined that the no1Hnotol'i:wd bollt services provided on National Park land at the site
cmrently operated by Plaintiff needed to be performed under a concessions contract and not a
lease. (Comp!. ii 32.) Based upon a review of Plaintifl's claimed leasehold interest (Ol' bck
thereol), NPS determined that, at the very most, Plaintiff could attempt to claim to be a
successor-in-interest to an October 1, 1973 kase entered into between the District of Columbia
(which subsequently tr<msforred administrative jurisdiction over the land to NI'S and NPF) and
the parents of the former business partner of the managing member of Plaintiff limited liability
company - which lease was a montlHo-111onth lease. (See Ex. 4 to Pl. Mot. for Temp.
Restraining Order [ECF No. 12-7] at 4-5.) The month-to-month lease originally required
payment of $275.00 per month; that amount increased to $356.00 per month pursuant to a lcttor
amendment of the k<1se sent Febrnary 12, 1982, and agreed to by the parents of the former
business partner of the managing member of Plaintiff limited liability company on March 16,
1982. (See id. at 6.) Since that date (March 16, 1982), the rent has not increased and the
business owners on the site of Plaintifrs operations have enjoyed a windfall for the amount
between the market rent for a waterfront property in Georgetown and $356.00 per month.
To facilitate in the conversion of the operations ;1t the site to a concessions contract, NI'S
sent Plaintiff a letter on December 18, 2012, providing frlrty-four (44) days' notice of
termination of the lease and instructing Plaintiff to vacate the property by January 31, 2013. (See
2
Ex. l l to id.) In response to public concern about the letter, the Director of the NPS notified
Plaintiff via email on December 24, 2012, that NI'S would withhold further action until it had an
opportunity to review the issues in the matter. (See id. at 11 (citing Comp!. ii 35).) After
conducting this review the NPS decided that, indeed, a new concession contract should issue.
(See Ex. 13 to id.) Thus, by letter of January 18, 2013, NPS, through its Regional Director,
inli:mned Pbintiffthat:
[T.fhe decision has been made to issue n new temporary concession contract i(>r non-
motori:t.ed boat rental and storage services nnd to allow you lo continue your operations
until such time as the contract is a w ~ r d c d provided that your occupancy comports with
National Park Service standards with respect to health, safety, and responsible
stewardship lbr the natural environment. Accordingly f am rescinding rny letter to you ol'
December l 8, 2012. The National Park Foundation concurs with this action.
Today, the National Pnrk Service will release a Request for Qualifications (RFQJ l(ir non-
rnotorizod boat rental and slorngo services at or near the location of the present opcr(ltion.
We will evaluate all responsive proposals, including yours should you wish lo submit
one, in <l fair and consistent fashion to nsccrtain which best responds to the RF() and
meets the requirements of the contrnc.(. The deadline to respond is February (j, 2013.
Upon completion ol'thc process for selection of the new operator, we will notify you and
prnvidc information if necessary as to our requirements fi.1r the orderly transition from the
curront operation to that of the selected concessioner.
(Id.) Thirteen ( 11) days later, Plaintiff filed its complaint in this case on January 31, 2013 [ECF
No. I]. Plaintiff chose not to submit a proposal in response to the RFQ by February 6, 2013.
On February 15, 2013 (fifteen (15) days aflcr it filed its complaint and nine (9) dnys after
the RF() deadline), Plaintiff tiled a Motion for Temporary Restraining Order and Preliminary
Injunction, which was docketed on February 18, 2013 [ECF No. 12]. The Court, by Minute
Order of February 18, 2013, ordered a telephonic status conforence to be held on February 19,
2013 at 4:30 p.m.
1
At this status conference, the parties discussed a briefing schedule. At th<lt
Undersigned counsel were unable to procure a transcript of the telephonic status
conference prior to the deadline to file this opposition
3
ti111e (on February 19, 2013), the parties all understood that a selection bused upon the
submissions in response lo the RFQ was imminent and that Plaintiff would be removed as soon
as March I, 2013.
Jn response to direct inquiry from the Court during this teleconference, NI'S repeatedly
said that it would '1dhcro to (ln (lbbrcviatcd briefing schedule ( 48 ho ms for NPS's opposition and
72 hours for Plaintifl's reply) to allow for Plaintiffs removal by March 1, 2013. In
consideration of many factors (including Plaintiffs counsel's intem'1tional travel), and m
exchange for a more extended briefing schedule to potentially resolve not only Plaintiffs claims
for immediate injunctive r l i f ~ but also Plaintifl's entire complaint, NI'S agreed lh<ll it would not
take any (lction to remove Plaintiff through March 31, 2013. The Court subseq11ently entered the
following M inutc Order of February 19, 20 l 3:
The Court held an on-the-record telephone conference with all parties in this matter
today, February 19, 2013. During the conference, Defendants National Park Foundation
and the District of Columbia requested an enlargement of time to file their Answers to
Plaintiffs Complaint until and including April 16, 2013, to which Plaintiff indicated his
consent. Accordingly, upon the consent of all parties, the Court hereby grants
Defondants National Park Foundation and the District of Columbia until APRIL 16, 2013
to file their Answers to Plaintiff's Complaint. Also dming the telephone conlhencc, the
National Park Service indicated its agreement not to take any action against Plaintiff until
afkr March 31, 2013. Following the telephone conference, the parties jointly e-mailed
Chambers lo prnpose a briefing schedule. The Court shall grant the parties lhe schedule
requested. Accordingly, Defendants shall file their responses to Plaintiffs [12] Motion
for Temporary Restraining Order and Preliminary Injunction by no later than MARCH 8,
2013. Plaintiff shall file his reply by no later than MARCH 15, 2013. The dates
identified above are firm; the Court has endeavored to give the parties the schedule that
they have requested and expects that they will adhere to tlml schedule. Further, the Court
observes that, in proposing this briefing schedule, the parties have necessarily agreed, and
the Court itself finds, that a ruling on Plaintiffs application fbr preliminary injunction
beyond the 21 day time line set forth in Local Civil Rule 65. l (d) will not prejudice the
parties. See LCvR 65.1. Signed by Judge Colleen Kollar-Kotelly on February 19, 2013.
In anticipation of a foll resolution of this case by March 31, 2013, and alter consideration of all
of the proposals submi!ted again, the Plaintiff could not be considered as il declined lo submit a
4
proposal - NI'S did two things on March l, 2013: I) it notified the author of the winning
proposnl and issued n press rclense announcing NPS's intention to enter into a
tompornry concession contract with that vendor; and 2) in an abundance of caution (and despite
the January 18, 2013 letter indicating that if not selected in response to the RFQ, would
need to vacate once a tcrnporary contract was awarded), sent Plaintiff a letter providing thirty-
five (35) days' notice of its need lo vacate and NPS's intention to take action on April 7, 2013.
(See Pl. Erner. Mot. [ECF No. 15] at 6.) Specifically, Plaintiff would need to vacate the premises
by April 7, 2013. (See id.)
On March I, 2013, counsel l\.)r Plaintiff sent counsel for NI'S an e-mail asking why NI'S
was contt1cting Plaintifl's counsel directly and whether counsel for NI'S was aware of the Notice
to Vacate by April 7, 2013. Counsel for NPS responded 3 minutes later stnting that counsel
believed the letter was sent to Plaintiffs counsel as counsel of record, acknowledging that he as
counsel for NI'S was aware of the letter, and asking Plaintiffs counsel whether he wished to
discuss the matter. A copy of the o"mail exchange is attached hereto as Exhibit"!." At no point
did Plaintiil's counsel attempt to confor with counsel for NI'S (or counsel for NPF) prior to filing
the "emergency" motion. Upon receipt of the "emergency" motion, counsel for NI'S
immediately notified l'laintitrs counsel of his failure to comport with the Local Rules of this
Court and requesting that Plaintiff withdmw its motion. A copy of this e-mail is attached hereto
as Exhibit "2," To date, Plaintiff has not withdrawn its motion.
II. STANDARD OF LAW
The single case cited by Plaintiff in its motion, Armstrong v. Exec. qfflce of the Pres ..
Office ofAdmin., I F.3d 1274, 1289 (D.C. Cir. 1993) (per euriam), provides an outline of the
5
applicable standard of review for the type of extraordinary relief Plaintiff requests. In
Armstrong, the D.C. Circuit noted:
There can be no question that courts have inherent power to enforce compliance with
their lawful orders through civil contempt." Shi/litani v. United States, 384 U.S. 364, 370
( 1966). Nevertheless, "civil contempt will lie only if the putative con tern nor lrns
vioh1tcd nu order that is clear and un11mhiguous," l'rojecl lJ.A.S.l.C. v. Kemp, 947
F.2d l l, 16 (1st Cir. 1991), and the violation mnst he proved by "clca1 and
convincing" evidence. Washington-Bal!imore Newspaper Guild, Local 35 v.
Washington Post Co., 626 F.2d 1029, l 031 (D.C. Cir. 1980).
I F.3d at 1289 (emphases supplied).
Ill. ARGUMENT
Plaintifl's "emergency" motion friils for at least three reasons. First, Plaintil'l's counsel
fr1ilcd to comply with the Local Civil Rules of this Court. Second, NI'S has cxcec(kd the notice
requircnJcnts of the month-to-month lease to which Plaintiff claims to be a party. Additionally.
no action will be \<lh'n against PlaintilTuntil, (\t the earliest, April 7, 2013. Third, the Court hns
entered no order which could be the basis of nny order of contempt or sanctions against t.he
Federal Defendants. Plainlifl's motion, an unnecessary waste of the Court's nnd the parties'
resources particularly when the merits of its case will be fully briefed within the next 2 weeks
should be denied.
A. J!I.!1i_11ti!J)J';_1j_l\!I" lo C'Q!llJclY_l::'.i!hJA!\.'_al Ci\'j_l_!{ul9}(1)Sh.mJld Mandq_\.;J?<;nil!l

As outlined above, Pla.intilTs counsel made no attempt to confer with undersigned
counsel prior to filing its "emergency" rnotion. This fo.ilurc, particularly in light. of counsel for
NPS's olfor lo discuss the subject of Plaintiffs motion with Plaintiff's counsel two dnys prior to
the filing of l'l<1inlilTs motion, should result in the denial of l'bintifTs motion. See. e.g. Ha;Jar-
Ne/ad, 802 F. Supp. 2d at 178; Ellipso, lnc., 460 F. Supp. 2d at 102; Abbott GmbH & Co. KG v.
Yed<1 Research & Development. Co., Ltd., 576 F. Supp. 2d 44, 48 (D.D.C. 2008) (denying
6
motion to exclude evidence where movant had not made good-faith efl(Jr! to contact non-movant
to discuss and narrow issues addressed by motion). Further, any belated attempt by PlaintiCl's
counsel to attempt to confer with counsel after filing its motion, or claim of mootness of such a
conference, should fail. See Yeda Research, 576 F. Supp. 2d at 48-49 (denying motion even
after considering movant's claim of futility of conference and subsequent efforts to meet and
confer with non-movant). Thus, for this ground alone, Plaintifl's motion should be denied.
B. The Have More than Satisfied Their to Pluinti fC
Both Undc;r AnvPIJrn.Prtpd Lease and in the Context ofth.i.s...!.Jti.g!lti_Qn
As outlined above and as will be discussed further in the Federal Defondants' filing on
March 8, 2013, Plaintiffs strongest (and only) claim to <my lawful possession of the land on
which Plaintiffs business opemtcs is a month-to-month implied lease. That lease expressly
provided for termination with thirty (30) days' notice by either party. (Ser: .Ex. 4 to Pl. Mot. for
Temp. Restraining Order [ECF No. 12-7.J at 4-5.) Plaintiff seems to claim in its complaint, its
motion fbr temporary restraining order, <ind its "emergency" motion, some sort of lease in
perpetuity, hut there is simply no basis for Plaintiffs contention. Perhaps most troublingly, in
the media reports attached to Plaintiffs "emergency" motion, Plaintiffs counsel has made
comments that he "expects the litigation to drag on for at least a year or two, allowing
Jack's to continue operating ... "(Pl. Emer. Mot. at 17) and that this "litigation could drag on for
several years." (Id. at 19.); cf' D.C. R. of Prof. Conduct Rule 3.2 & Cmt. ("Realizing financial or
other benefit from otherwise improper delay in litigation is not a legitimate interest of the
client.").
In fact, as all parties understood at the telephonic hearing hefore the Court, in exchange
for an expanded hricfing schedule to allow fbr a complete resolution of the issues in this case and
to accommodate Plaintiff's counsel's travel, NPS deferred its removal of Plaintiff from the
7
premises m question from March I, 2013, until, at tho earliest, March 31, 2013. In
contemplation of this agreement, the Court agreed to make its best efforts to have a ruling by
March 31, 2013. See Minute Order of Feb. 19, 2013.
Thus, to not only ensure compliance with <my purported leasehold interest held by
Plaintift; but to tilso folly uphold its representation to the parties and to the Court, NPS sent the
Jetter of March l, 2013, instructing Plaintiff to vacate by April 7, 2013. As noted in counsel f<.1r
NPS's e-mail to Plaintiff's counsel (Exhibit 2 hereto), and as would have been discussed had
Plaintiffs counsel contacted counsel for NI'S, NI'S will of course abide by any order of the
Court and, should the Court grant Pbintiff's motion for temporary restraining order imd
preliminary injunction, govern itself accordingly. And, again, should Plaintiff's motion be
denied and/or Plaintiff's complaint be dismissed, Plaintiff has until April 7, 2013 to vacate the
premises -over a week beyond end of the time period required by the lease terms or as indicated
to the Court at the telephonic conference. Thus, Plaintiffs motion is without support in the
record and should be denied.
Further, in contrast to Plaintiff's i1ssertions in its motion, there is no "eme!'gency." Jn
fact, as Plaintiff itself noted in its complaint, it:
1) was aware of NPS's intention to convert the property to a concession contract since
no later than August 2012 (Comp!. ii 32);
2) knew of the publication ofNPS's Request for Qualifications for a thirty"one (31) day
period and chose not to submit a proposal (id. if 36);
3) knew of NPS's Request for Qualific<1tions, but waited fifteen (15) days to file its
complaint (see generally id.);
8
4) knew that the deudlinc for submissions in response to the Request for Qualifications
was February 6, 2013 (id. ii 3 7), but waited for nine (9) days to seek "emergency"
it\junctivc relief; and
5) knew over six weeks ago (id. ii 36), that it would need to vacate the premises upon
award of a new concessions contract, but, alter choosing not to submit a propos(ll,
now seeks "emergency" relief from this Court nller tho selection of the concessioner
has been made and Plaintiff has 5 additional weeks before NPS intends to remove it
from the premises in question.
Thus, any "emergency" is of Plaintiff's own making and Plaintiffs motion should be denied.
C. plain!il:C .. Point to Any Clc[l!:,,, ..... \! .. !H!.l))P)guous Order that the b;ge11\J.
Which Would WatTQl.J.! or S;mctions
Finally, Plaintiffs motion fails to point to any clenr, unambiguous onkr that the Federal
Defendants could have allegedly violated as this jurisdiction requires for any request for
contempt or sanctions. See Armstrong, I F.3d at 1289. The only order that Plaintiff claims that
the Federal Defendants could have violated is the Court's Minute Order of February 19, 2013.
Plaintiff also asserts .. ., without basis o!' support - that the Federal Defendants "in essence
agree[dJ to the terms of the temporary restraining order .... " (Pl. Emer. Mot. at I.) First, as
discussed above, the Federal Defendants have not violated the Court's Minute Order, bLtt, in fact,
have exceeded the timclinc they agreed to by seven days. Second, nowhere in the Court's
Minute Order (or any other order of the Court) is there any clear and unambiguous instruction
that the Fedeeal Defendants may not provide notice of their intent to remove Plaintiff from the
premises af/er March 31, 2013, nor proceed with the selection of a vendor based on the Request
for Qualifications. Thus, Plaintiffs motion has no basis as Plaintiff cannot point to any clear and
9
unambiguous order that the Federal Dct'endants violated and, in fact, the Federal Dcfondants
have complied with each and every order issued by the Court in this case.
CONCLUSION
For the foregoing reasons, the Federal Defendants respectfully request that Plaintiff's
Emergency Motion frir Contempt be denied. Pursu(rnt to the Court's standing order, no proposed
order is attached.
10
TABLE OF AUTHOIUTiri:S
Cases
Ahbott Gmbll & Co. KG v. Yedo Research & Deve/opmenl, Co., Ltd, 576 F. Supp. 2d 44, 48
(D,D.C. 2008) ..................................................................................................................... , ....... 7
Armstrong v. Exec. Office qfthe !'res .. qffice of'Admin., I FJd 1274, 1289 (D.C. Cir. 1993). 6, 9
Ellipso, Inc. v. Mann, 460 F. Supp. 2d 99, I 02 (D.D.C. 2006) ,,,.,. ............................................ I, 7
Ha/jar-Ne/adv. George Wash. Univ., 802 F. Supp. 2d 166, 178 (D.D.C. 2011) ....................... I, 7
Rules
D.C, R. of Prof. Conduct Rule 3.2 .................................................................................................. 7
LCvR 65.1 ...................... ,,,,,,,,,,,, .. , .............................................. , .. , ............................. ,,,,, .............. 4
Local Civil Rule 7(m) ................................................................................................................. I, 6
i1
Washington, DC
RONALD C. MACHEN JR., D.C. Bar #447889
United Stutes Attorney
DANIEL F. VAN HORN, D.C. Bar #924092
Chict: Civil Division
By:____ . Js( __________ _
WYNNE P. KELLY
Assistant United Stales Attorney
555 4th Street, NW
(202) 307-2332
wynnc.kclly@usdoj.gov
Atlorneysfi!r the National l'urk Service
[SIG BLOCK FOR
THOMAS BARBA
Steptoe & Johnson LLP]
Alforneys fbr the National !'ark Foundation
l I
Fwd: FW: JACI<'::> LLC l!'.MERGl.::NCY MOTION FOR CON1EMPT

.

Fwd: FW: JACK's LLC EMERGENCY MOTION FOR CONTEMPT
Lackey, Melissa <melissa.lackey@sol.doi.gov> Mon, Mar 4, 2013 at 9:18 AM
To: St01,1J Whitesell <stew_whitesell@npS.()Ov>, Lisa Mendelson <lisa_mendelson-l0lmini@nps.gov>, Tara Morrison
<tara_morrison@nps.gov>, Stewi L0Bel <stew_lebel@nps.gov>
Motion FYI
Melissa Lackey
Attorney Ad-.isor
Mail Stop 5311
Phone: 202 513-0733 Fax: 202 209.3977
copies.
Date: Sun, Mar 3, 2013 at 2:58 PM
Subject: FW: JACK's LLC EMERGENCY MOTION FOR CONTEMPT
To: "Lackey, Melissa (rneliss,1.lackoy@sol.doi.gov)" <rnelissa.lackey@sol.rJoi.gov>
Sorry ...... should done that to beuin with
From: Charles H Camp [mallto:ccamp@charlcscamplaw.corn]
Sent: Sunday, March 03, 2013 2:02 PM
To: tbarba@steptoe.com
Cc: Kelly, Wynne (USADC); matthew.blecher@dc.gov; Susan.Longstreet@DC.Gov
Subject: FW; JACK's LLC EMERGENCY MOTION FOR CONTEMPT
l t ps: 11mall, googte, oom/ mail/ b/ 152/u/O/?ul=2&1K t68664&v lew=pt&c at =Jack s h;::; ... 113
Fwd: FW: JACK':; LLC t:'.MEHGF.:NCY MOTION FOR CONlClMPT
Dem Mr. Barba,
Please see nttnchcd Emergency Motion for Contempt agninst tho National Park Service nncl the Nationnl
Park Foundl1tion filed with the Court today.
As you previously represented to me nncl the Court that you were only rcprcscnling tho National Park
Foundntion in the Fcbruaty l 9, 2013, conforcncc with Judge Kollar-Kotclly, and since neither you nor nny
other mtorncy has entered an app<,arnncc on bchalfoftho N PF, I also am serving (l copy of the attached
directly upon the National Park FoLmdation's president via Facsimik and \LS. Mail.
Sincerely,
C:hades Cnmp
LAW OFFICES OF. .. . _
CHARLES H.
Cha.des H. Camp
Suite 115G
Tel 202.457.7786
Fax 202.457.7788
Cell 30'1.461.0283
FW<I: t:W: JACK's l.l.C EMERGENCY MOTION CONTEMPT
From: Law Offices of CH Camp [mailto:ccamp@ct1al"lescamplaw.com]
To; CHARLES CAMP
Subject: JACK's LLC EMERGENCY MOTION FOR CONTEMPT
2 attachments
tJ 1177_001.pdf
101JOK
tJ Jacks LLC v NPS ProposodOrderforContempt.pdf
9K
3/3
FOR THE DISTRICT OF COLUMHIA
.JACK's CANOES & KAYAKS, LLC
Plaintiff,
v.
THE DISTRICT OF' COLUMIHA,
Dcfcndnnts.
)
)
)
)
)
)
)
)
)
)
)
)
Cnsc: 1:13-cv-00130 (CKK)
F'OR CONTEMPT AGAINST THE NATIONAL PARK SYSTEM ANO
nm NATIONAL PARK
THIS CAUSE came before the Court on this day to be heard upon the Plaintiff Jack's
Canoes & Ki1yaks, LLC's Emergency Motion for Contempt, and upon the appearance of the
parties, through counsel.
UPON CONSIDIOlATION THEREOF, the C\n1rl being of the opinion that the Order
for Contempt prayed for in the Motion should be granted;
It is accordingly ADJUDGED, ORDERED and DECRlmD that Defendants
NATIONAL PARK SERVICE and NATIONAL PARK FOUNDATION, immediately shall do
the frillowing:
(I) Revoke their March I, 2013, notice to vacate issued to Jack's Canoes & Kayaks,
LLC ("fack's LLC") and withdraw the press release of that same date entitled
"Nntitmal Park Service Selects Operator for Georgetown Boat Rental;"
(2) Issue a new press release stating that the March 1, 2013, notice to vacate has been
revoked upon Order of this Court as it violated the Court's February 19, 2013,
Order, and further stating that the NI'S mid NPF have been held in contempt of
court for issuing the March I, 2013, notice to v<tcate; and
(3) Prohibiting the NI'S and NPF from taking any further actions (other than in this
Court) whatsoever against Jack's LLC that in any manner could have any adverse
effect whatsoever upon any aspect of the continued operation of J<tck's Boathouse
by Jack's LLC.
SO ORDERED this __ day of March 2013.
COLLEEN KOLLAR-KOTIU.LY
United States District ,Judge
Order for Contempt Page 2
Fwd: FW: JACK's Ll.C MOTION FOi{ CONTf..MPT
Fwd: FW: JACK's LLC EMERGENCY MOTION FOR CONTEMPT
Lackey, Mollssa <melissa.lackoy@sol.doi.gov.> Mon, Mar 4, 2013 at 9:17 AM
To: Ste1.e Whitesell <ste1.e __ whitesell@nps.gov.>, Lisa Mendelson <lisa_mendelson-ielmini@nps.gov.>, Tara Morrison
<tara_morrison@nps.gov.>, Ste1.e LeBel <ste;e_Jebel@nps.gov.>
FYI
Melissa Lackey
Attorney Ad\1sor
Mail Stop 5311
Phone: 202 513-0733 Fax: 202 208-3877
This e-mail (including any and all attachments) is intended for the use of the indilidual or entity to which it is
addressed. It may contain information that Is prilileged, confidential or otherwise protected by applicable law. If
you are not the intended recipient or the employee or agent responsible for deli"'ry of this e-mail to the intended
copies.
From: Kelly, Wynne (USADC) <Wynno.Kelly@usdoj.f/OIP
Date: Sun, Mar 3, 2013 at 2:43 PM
Subject: FW: JACK's LLC EMERGENCY MOTION FOR CONTEMPT
To: "Lackey, Melissa (melissa.lackey@sol.doi.gov)" <melissa.lackey@sol.doi.gov.>
FYI
From: Kelly, Wynne (USAOC)
To: 'Charle5 H Camp'; tbarba@steptoo.com
CC: matthew.blecher@dc.gov; Susan.Longstreet@OC.Gov
Subject: RE: JACK's LLC EMERGENCY MOTION FOR CONTEMPT
ttps: //mall. IO, com Im all/bl 152/ u/O/?ul=2&1K =I 534 /6 61364& v li;:iw=pt&cal =J K's Boathousa&s oarc:h = ...
Fwd; FW: JACK's LLC EMERGENCY MOTION FOR CONTEMPT
Dear Charles,
It is disappointin\J th<1t, in nawant v;olation of Locnl Ci\11 R1.1le 7(m), you chose not to respond to my e-mt1il of
Friday asking Whether yo1.1 WOLlld like to discuss this matter, and instead Chose to not only decline to speak with
me, but subs0quontly wait two days and fila this motion on a Sund11y ... a motion whicl1 is friwlous and
grounrJloss. As you are well aware, the NPS agreed not to romow your client from the premises in question on
March 1, 201 :i (as was originally planned) in consider<1tion for a longer briefing schedule - a brielinn schedL1le
which took into account your international travel. As you will recoil (and as " transcript of the hearing will show),
NPS stood remJy and willing to brief the merits of tho lawsuit at that time, bul in consideration of hav;n(J n1is
matter resolved by the Court by Mmch 31, 2013, we agreed not to take any action <lg<linst your client until
tl1at date. Again, as the transcript will show, our colloquy with the CoL1rt and tho briefing schedule contemplatocl
resolution of this caso by March 31, 2013. Of course, should the Court rule In yoLir fawr by March 31, 2013,
NPS woulcl gowrn itself acoordin(Jly. In no way did NPS explicitly, implicitly, or "tacitly" agree to any form of
but rather agmed not to haw your client rernowd until March :J1, 2013-tho date by which the Court
indicated it would rulo on t1"10 n10rits of this case.
I would respectfully request that you immediately withdraw your motion as it is both without merit and you have
failed to ewn attempt lo comport with the Local Rules of this Court.
I remain willing to discuss this rnaller, but am una'klilable lod8y as I have plans with my family.
Best re9ards,
Wynne
Wy1111c I'. Kelly
Assistant United Stntcs Attorney
U.S. Attorney's Ollico lbr the District ofC:olwnbia
555 4th Street N.W.
D.C. 20530
(202) 3()7.2332
w ynnc. kdly@usdoj. gov
tips : //mall ,googla. com/ m al lfb/ 152/li/O/ ?ul =f 534 768664&v iow=pl&c m s Baathou:s o&so<.1rn h=!, , . 2/4
t28lti:li- Fwd: FW: JACK's LLC E:ME:RGENCY MOTION FOR CONTE:MPT
From: Charles H Camp [mailto:ccamp@charlescarnpl21w.com]
To: tbarbaC<ilsteptoe.com
Cc: Kelly, Wynne (USAOC); rnatthew.blecher@dc.gov; Sus<Jn.Longstreet@OC.Gov
Subject: FW; JACK'S LLC EMERGENCY MOTION FOR CONTEMPT
Dear Mr. Barba,
Please sec attached Emergency Motion for Contempt against the N<itional l'ltrk Service and the Natiom1l
Park Fotmdation filed with the (\nut today.
A8 you represented to me and the Court that you were only representing the National Park
Fo\U\dation in the February 19, 2013, conforonce with Judge Kollar"Kotelly, and neither you nor any
other attorney has entered an appearance on behalf of the NPF, l also arn serving a copy of the attached
directly upon the National Park Fow1dntion's president via Facsirnilc and U.S, Mnil.
Sincerely.
Cnmp
LAW OFI<'ICES OF'
CrIJ\RLES I-I.
Charles H. Camp
Suite 115G
Tel 202.457.7786
t t ps: // goog!e, com/ mail/ bl 1==:2.&!k $34 '16 66 64& V !ew:;;pt&cal =Jack's 80<:\ltlOLIS o&s e::irc hM, , ,
lMjt\- F'Nd: FW: JAGI<'::> LLC MOTION FOR CONTEMPT
Fax 202.457.7788
Cell 301.461.0283
www.cha.rlescampfaw.com
from: Law Offices of CH Camp [mailto:ccamp@chiirlescamplaw.co111)
Sent: Sunday, March 03, 2.013 2:38 PM
To: CHARLES CAMP
Subject: JACK's LLC EMERGENCY MOTION FOR CONTEMPT
t tps :// m geog lo. com! m.ol I/Pf 1 !)2/u/O/?ul=2&1k ==r 534 /6 06 64 &v &cat =Jeck' il Ooi:lthQus1;1&s earc h= . .. 4/4
JACK's CANOES & KAYAKS, LLC
Plaintiff,
v.
NATIONAL PARK SRRVICE,
Defendants.
)
)
)
)
)
)
)
)
)
)
)
)
Case: 1:13-cv-00130 (CKK)
PLAINTIFF' .JACK'S CANOES & KA YAKS, LLC'S EMERGENCY MOTION
AND MEMORANDUM FOR CONTEMPT AGAINST
THE NATIONAL PARK SERVICE AND THE NATIONAL PARK FOUNDATION
Pluintiff, Juck's Cunocs & Kayaks, LLC ("Jack's LLC"), through counsel, hereby move
the Court to hold the National Park Service ("NPS") and the National Purk Foundution ("NPF")
in contempt for blutnntly viol(tting the Court's February 19, 2013, Order, entered with the
express agreement of the NPS to "not to take any action against Plaintiff until llftcr March
31, 2013"-----in essence agreeing to the terms of the temporary restraining order ("TRO") sought
by Jack's LLC's February 18, 2013, motion for a TRO and preliminary injunction.
Last Friday afternoon, March I, 2013, instead of complying with its agreement und the
Court's February 19 Order, the NPS, with the written c1mcurrence of the NPF, served the
attached notice to vacate upon Jack's LLC. In order to maximize their intimidation of Jack's
LLC, the NI'S' and NPF's notice to vacate was personally delivered to Mr. Paul Simkin, owner
of Jack's LLC, by the NPS' Steve Lebel in the company of an NPS policeman at Jack's
Boathouse in front of employees of Jack's LLC working hard to get the Boathouse ready for the
corning season- causing entirely unnecessary distress by Mt. Simkin and his employees who
witnessed this spectacle.
Simultaneously, in an obvious effort to inflict us much diimagc as possible to Jack's
LLC's business, the NPS issued the attached March 1, 2013, press release entitled, "National
Park Service Selects Operator for Geo1getown Boat Rental," which wa.' rereported by virtually
every local television and news radio station, and major and local print media press inl1icting
indisputable ham1 to Jack's LLC. All of the news coverage generated by the NPS states that the
NI'S has chosen a Bostonbased company that replaces Jack's LLC as the opcrutor of luck's
Boathouse. Copies of the coven1ge also arc attached.
Although the NPS' and NPF's notice to vacate erroneously states that "this notice to
vacatc Is In keeping with the Court's Minute Order of February 19, 2013 ... as lite Natioual Park
Service is not proposing to take any action against Jack's Canoes & Kayaks, LLC, until aflcr
March 3 l, 2013," the letter itself is an "action against Plaintiff."
The NPS' and NPF's notice to vacate directs Jack's LLC to begin "rcmov[ingj all your
personal property from the premises" -and to complete such removal "on or before l l : 59 p.m.
on April 7, 2013" or the NPS will consider all such property "abandoned." This is an "action
against PlaintifT' prior to March 31, 2013.
Moreover, the NI'S' and NPF's notice to vacate acknowledges that Juck's LLC "has
contracts with third parties for the storage of privatelyowned canoes and/or kayaks on the
premises,'' und dmmmds that Jack's LLC now "provide the N(ltional Park Service a list of current
contact information, including names, addresses and, if known, telephone numhcrs and email
addresses for any customers who store their bouts on the premises." As Jack's II,C's customers
Motion and Memorandum for Contempt Against NPS and NPF - Page 2
1ue its fimmcial lifoblood, demanding that Jack's LLC immediately turnover to the NI'S its
contact information is another "action against PlaintilT' prior to March 31, 2013.
Finally, the NI'S' March I, 2013, press release is an extremely damaging "action i1gainst
Plaintiff' prior to Mmch 31, 2013.
In short, the NI'S' letter with which the NPF fully concurs, all of the actions demanded in
the NI'S' letter and the NI'S' press release MC all "actions against Plaintiff' prior to March 31,
2013......-and blatant violations of the Court's February 19, 2013, Order.
Pursuant to the Court's inherent power to enforce compliance with its orders, Armstrong
v. fa;ecutive (/[!ice qf the President, Office qf Admin., I F.3d 1274, 1289 (D.C. Cir. 1993),
Plaintiff Jack's LLC respectfully urges the Court to hold the NI'S and Nl'F in contempt of court.
Specifically, Jack's LLC seeks an Order of Contempt requiring the NPS und NPF to
immediately take the following actions:
(I) Revoke their March 1, 2013, notice to vacate issued to Jack's LLC and withdraw
the press releuse of that same date entitled "National Park Service Selects
Operator for Georgetown Boat Rental;"
(2) Issue a new press release stating that the March 1, 2013, notice to vacate has been
revoked upon Order of this Court us it viofate<l the Court's February 19, 2013,
Order, and further stating that the NI'S and NPF have been held in contempt of
court for issuing the March l, 2013, notice to vacate; and
(3) Prohibiting the NPS and NPF from t<1king any further actions (other than in this
Court) whatsoever against fock's LLC that in any manner could have uny adverse
effect whatsoever upon any aspect of the continued operation of Jack's Boathouse
by Jack's LLC.
Motion and Memorandum for Contempt Against NI'S and NPF -- Page 3
A proposed Order for Contempt is attached.
March 3, 2013
(JI Id c: r&i7
c-;;;;n. camp(D.C. Bar 9 )
Law Offices of Charles H. P.C.
Suite 115G
(202) 457-7786
Facsimile: (202) 457-7788
CERTIFICATE OF SERVICE
I hereby certify that on this 3rd day of March 2013, the foregoing Motion and
Memorandum, including the proposed Order and all other attachments hereto were served via
ECF upon Defendants National Park Service and the District of Colwnbia, and via Facsimile and p r ~
paid, First Class U.S. Mail upon Mr. Neil Mulholland, president of Defendant National Park
Foundation, as well as by Email upon Mr. Thomas M. Barba of Steptoe & Johnson LLP who
represented the National Park Foundation in the Court' s February 19, 2013, telephone
conference with all parties (but who has not yet entered his appearance in this action as counsel
for the National Park Foundation).
CM 14- 7
Charles H. Camp ~
I.A. I. (NCR"OBS)
March 1, 2013
3500 K Street, N.W.
Dear Mr. Simkin:
1100 Ohio Drive, S.W.
Washington, D.C. 2 2 ~ 2
On January 18, 2013, we advised you tho National Park Service would release a request for qualificntions
for non-motorized boat rental and storage services at or near the present location of Jack's Boathouse.
Responses were duo February 6, 2013, and we note you chose not to apply. We used a nationwide
interdisciplinary team to evaluate all responses in a fair and consistent manner. Wo are 11ow prepared to
award n temporary concession contract to B&G Outdoor Recreation, Inc.
Our correspondence permitted you to continue your operations until such time as the contract was
awarded, provided your occupancy met with National Pork Service standards for health, aofoty, and
responsible stewnrdship of the naturol environment.
"Ibis letter seo:ves as notice to Jack's Canoes & Kayaks, LLC, to terminate its occupancy of the promises
at Lot 805 in Square 1179 on or before 11:59 p.m. on April 7, 2013, and to remove all your personal
property from the premises. Any of your personal pl'operty remoining on the premises ofter April 7, 2013,
will be considered abandoned, and the National Park Service expressly refuses to assume any liability for
your property left ot the premises. We believe this notice to vacate is in keeping with the Court's Minute
Order of February 19, 2013, in the Jack's Canoes & Kayaks, U.C v. Natio11al Park Service, et. al. case,
ns the Notional Park Service is not proposing to take any action against Jack's Canoes & Kayaks, LLC,
until after March 31, 2013.
We understand that Jack's Canoes & Kayaks, LLC, has contracts with third parties for the storage of
privately-owned canoes ond/or kayaks on tho premises. The Nationnl Park Service desires that there be a
LLC, provide to the N ationol Park Service a list of current contact information, including names,
addresses and, if known, telephone numbers nnd email addresses for any customers who store their boats
on the premises.
Please direct any questions to Steve LeBel, Deputy Associate Regional Director at (202) 619 7072.
CONCUR:
----
Name (Pdut): LLAJ-1_(}
Title: ? 1lt:j---1llA::C:: ___ _
Dato: _(:,?J._QJ_-1J ___ _
cc:
Nell Mulholland, President, National Park Foundation
Tara Morrison, Superintendent, Rook Creek Park
Notlonol Park Service
U.S. Oepartment of the Interior
1100 Ohio Orive, SW
2026197i22 phone
: f Y _ V f _ ~ ...11P.MJP}l
Contact: Jenny Anzclmo-Sarles, jcnny_anzclmo-sarlcs@nps.gov, 202-619-7177
National Park Service Selects Operator for Georgetown Boat Rental
WASHINGTON -The National Park Service (NPS) has selected B&G Outdoor Recreation, Inc., for
a two-year temporary concession contract l:o prnvide non-motorized boat rental and storage in Rock
Creek Park along the Georgetown waterfront.
Mass., operates slx kayak, canoe, pedal boat and rowboat rental locations in the Greater Bo . .ion area,
including three at Massachusetts state pa.rks.
"The National l'udc Service is committed to providing uninterrupted service to paddlers along the
Georgetown waterfront," National Park Service Regional Okector Steve Whitesell said. "We'rn eager
w see peopk out enjoying the river this spring."
The NPS solicited responses thrnugh a Request for Quullflcatlons (RFQ) issued on January 18, 201'.l.
Rtosponses were aC<:1'pted through February 6, 2013. The current provider of non-motorized boat
rental and storage in Rock Creek Park, Jack's C'1noes & Kayaks, LLC, did not respond to the RFQ. A
multidisciplinary review panel composed ofNPS staff from across the country with expertise in
business management, park operations, und law and policy analyzed the responses.
-NPS-
About the National Park Ser11ice. More than w,ooo National l'ark Service employees care for America ',i
398 national parks and work with communities across the nation to help preserve local history and
create close-to-home recreational opportunities. I.earn more at YJ.J!!J. nps.g_QJ!..

HOME I NEWS I VICEO I WEAlHER I INVESTIGATIONS I ENTER"fAINMENT I ON AI R I TRAFFIC I
LOCAi. US & WORLO SPORTS HIW. TH TECH \\elRO WEATHER FIRST READ - OMV CAPITAL
HOME > NEWS >
New Contractor Chosen for Jack's
Boathouse Site
Friday, Mar 1, 2013 I Updatod 7:ft0 PM EST

View Commont3 (0) I Email I Print
Jock' Boathouae, summer 2012
PHOTOS AND VIDEOS
0 1-t I Ranwmnd 0
The NationE1I Park Service awarded a two-year
contract to a Mass11chusett& company to rent
boats and kayaks at a longtime boating facility
along the Georgetown waterfront.
The agency announced Friday It selected B&G
Outdoor Rocre11tion Inc. of Hopkinton, Mass ..
for the boating contract. The group ie also
known as Bo11t1ng In Boston and runs boat
rental locations in the Boston area.
The new contractor replaces Jack's Boathouse,
which has been operating at the site since
1945. It was operating on a month-to-month
lease that h1;1dn't changed since 1962. The
Park Service said the laaso is not In the name
of current owner Paul Simkin. Officials sent
Simkin an eviction letter in Docember,
prompting outcry from supporters.
Page l of 3
David 0'9gory on '9qu .. 1er: 'Tollll
Sbtlemate'
a Top Enleltllnmtnt Pholotl
http://www.nbcwashington.com/news/local/New-Contractor-Chosen-for-J acks-Boathouse-S... 3/3/2013
MonJ Photow nd V!doo1
Copyright Associated Pross
Poslod Mar 1, 2013
Leave Comments
I Add a comment ...
The agoncy says Simkin did not bid for tho new
contract.
PriYocy Polloy I Moro Nowllottor1
send
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http://www. nbcwashington.comlnews/local/N ew-Contractor-Chosen-for-Jacks-Boathouse-S... 31312013
New contractor chosen for Jack's Boathouse site I WJLA.com Page 1 of2
-
New contractor chosen for Jack's Boathouse site
M;arch l , 2013 - 03:39pm
8 Commenta
WASHINGTON (AP) -The National Park Servlco has awarded a two-yest contract ton Massachusetts company to rent boats and kayaks at a
longtime boating facility along the Georgetown watertront.
The agency announced Friday it selected B&O Outdoor Recreation Inc. of Hopkinton, Mass., for the boating contract. The group Is also known
as Boating In Boston and runs six boat rental locations in Um Boslon area.
'I11e new contractor replaces Jack's Boathouse, which has been operating at the silo since 1945. It was operating on n month-to-month lease
that hadn't chongcd since 1982. The Park Service said the loose Is not in the name of current owner Paul Simkin. Officials sent Simkin an
eviction letter in Docombcr, prompting outcry from supporters.
The agency snys Simkin did not bid for the new conttact.
Would you llk11 to contrlbut11 to this etory? Join the discussion.
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http ://www.wjla.com/articles/2013/03/new-contractor-chosen-for-jack-s-boathouse-site-85 8... 3/3/2013
Jack's Boathouse Site Will Change Hands CBS DC Page 1 of3
Plurnbing
------- --
Electrical
Clicl< Now!
Jack's Boathouse Site Wiii Change Hands
ll%o 11 VlowComme11tll
WASHINOTON (CBSOC/APr The National
Perk Service hoe awarded a two-year contract to
a Masaechusette c;ompeny to rent boots end
!cBYHkS at a longtime boating fl!CHilY along ll1ll
Guoryotown
Fiie photo of "'8fl "-Yl\ino (Phok> by Cl\r1tlilln
Potoru fl/Gelly lm'De)
TM ogoncy aMounced Friday ii B&G
Outdoor Roerontlon lno. Of t topkln!gn, M!!H., for
tho boating contract. Tho group I& oleo known as
BoeUng In Boston and rune six boat rental
toceUone In the Boston area.
Fll d Und.,
DiAlnct, Npt
Rl1ilwd Tg
Jock't BoglhoulO, NMk>Nll
Parka.Mee
Photot
Top 10 !Mat 8etllng Ca1'9
of All nme
The new contractor replaces Jock'a Boathouse, which has been
operati ng at tho 1llo .ince 1945, Jaek'a wo. on 1,1 month.to.month
10110 I hat hOdn't Chlltlvd einQO t 98?., but NPS ta!d It WH not In ll1o
nema of current owner Paul Simkin. Officials 1onl Simkin an ovlotion
letter In December, prompUng outcry from supportera.
NPS 68ld then that II wanted to treat tho bualnellll llke other
commerclel ventures Inside neUonel perks. Simkin wee free to bid for
the conceselon contract. but Ille agency said he did not take the
oppot1UMy to do ao.
congreuwomnn Ho!mco Norton enterett ttie dlscus$ion in
Jnnupry by nGklng NPS lo talk out wilh Sirnkifl. Nor10n Hid oho
9pprcclo\os NPS trying to got tho best deal for taxpayor.1 but le
troubled by the announcement, eapeclelly after the ownor poured h11
reUrement uavlnge Into upgrading the property
In a letter lo National Park Servlco Director John Jarvie doted Jon. 24,
she wrote;
' I atrongly endorse competitive blddlne as required by law. However,
Ihle was not a usual concession on NPS property. l/Vhlle eecurln9 the
beat deal for the taxpayer, NPS hes en obllgetlon to explain Its
complicity In allowing significant Investments In this property end then
ternilnaung the teoljjj wnnout notice, NPS has an obllgauon to ensure
to Simkin, to thu ond to tho community Tile
present pooturo of NPS proml3C3 only rnorc eontrovorny, 1aw=uito,
interruption of eorvlce to tho community. A oolution oonll!tont with
federal law end reguleUons that takes Into account the unusual
circumstances Of lhe Jack's Soathouae melter la quite poealble.'
There was a potltlon on chonge.org to "8Ve Jack' a. It was organized by
lMo Garno man who fought to tho N311on3! M311'G seroon on ttio
Green.
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Yea. How la that possible?
1 No There are a lot of ouldolad lw.
If lti@l'o truo. I'm bfqoklng thg law.
Vlaw R11iUlt.

All H11w190.l Wl'IEW
Lll<e
http://washington.cbs1ocal.com/2013/03/0l/jacks-boathouse-site-will-change-hands/ 3/3/2013
New contractor chosen for Jack's Boathouse site - WTOP.com
Page 1of1
WASHINGTON (AP) - The National Perk Service hea awarded a two-year contract to 1 MassAchusetts company to rent boat and kayaks at o
longtime bo11Ung faclllty along tlio Georgetown waterfront.
Print
The agency announced Friday II ealectad B&G Outdoor RecreatJon Inc. of Hopkinton, Maee., for the boating contract. The group la also known Bii
Boating In Boston and rune aix boat rental locatlons In the Boaton arc11.
The new contractor replaces Jack' Boathouse, which haa been operating at the alte since 1945. It was oporatlng on a month-to-month lease that
hadn't c:flangcd since 1982. Tho Park Servk:e said the leaae la not in tho name of current owner Paul Simkin. Officlala aent Simkin an evietlon
!Otter In Docombor, prompting outcry from supporters.
The agency aaya Simkin did not bid ror the new contract.
Copyright 2013 The Associated Preas. All rights reserved. Thi materiel moy not be published, bro11dcaet, rewritten or l'lldl9tributed.
http://www.wtop.com/index.php?nid=1035&sid=i3237772
3/3/2013
Page 2
N1lti(ln11I PiU'k Service Awards Jack's Boathouse Site to Mnssnchusctt:s Company lJCist Mnrch 1, 2013 Friday 8:47 PM
EST
J,OAD-DATV-: MllJ'Ch 01, 20U
Lexis Nexis
2<>f114 DOCUMENTS
Copyright 20 l J Press
All Righls Rcsorvcd
The Associated Press SbHe & Locul Wiro
March I, 2013 Fdd"y 8:23 PM GMT
Sl\CTION: STATE ANO RF.OI()NAL
llEADLlNli:: New contractor chosen ibr Jnck
1
s Boathouse site
llA'mLINE: WASHINGTON
DODY:
The Nuth111al Park Service h\ts a two-year C()tltrnct to 11 Mn11sachusetts coinpany to rent bontfl nu<l kayaks al
a longtime boating facility along the (]eorgctown wutcrfront.
'fhe agency 1tnnounccd Friday it sclcclcd ()utd(101." flccrcatk1n Inc. of Hopkinton, M1uis.
1
f()r the boating
contract. The group is also k11own 119 Uo11ting in Boston and runs six. boat l'CUtal locations in the Boston area.
Tho new contractor rcplaccti Juck's which has been opcruting tht; site $h1cc 1941, lt was operating on
a trlul1th-to-1nonth that hadn
1
t changed sincr.; 198?.. The Pnik Service +'laid the lease is not .in of curl'.'eut
owner l'aul Sin1kin. Off'icials sent Sitnkin an eviction letter in l)ccombllr, pro1nptiug outci:-y fr<un
The agency says Simkin did not bid Ihr the ocw contract
LOAD-DA March i, 201 :1
LexisNexis
333 words
l <>fl 14 DOCUMENTS
Copyriyht 201J Newstcx U.C
All Rights llomvcd
DCist
March I, 2013 Friday B:47 PM EST
HEAOLlNE: National Park Service Awards Jack
1
n Boathouse Site to Massachusetts Cornpnny
BOOY:
Mar 01, 2013 (DCist:http://www.gothamist.com/ Delivered by Ncwstcx)
Photo by drtana[I]
Page 1
't'hc National Pnrk Service announced today that a cornpany will take over the Clcorgetown
waterfont site currently operated by Jack
1
s B<Htthousc. Ba1np;G Outdoor Rcorcatiou, Inc., which operates gJx boat rental
fiu::;ilitics in the Doston nrcu, will to.ke over the sito for a contract.
Jcrir1y Auz.clnlo-Sarlcs, an NPS spokeswoman, said Outdoor Recreation was selected frorn six bidders
reviewed by a panel of Park Service officials fron1 across the nation with expertise in business tnanage1ncnt and park
operation and policy. Boathouse wus not a1nong the business.cs co1npctiug iOr the contract, says.
Jack's 'Boatho\1(':0 first opened in 1945 to cnnoets, kayakers
1
and othor boaters navigating the Potomac River. It opcrutcd
under a lease first fr()ln the District and Inter pwmcd on to the federal government in 1987 when the
(Jcorgctown watcffront was incorporated into Rock Creek Park. Its owners paid a monthly rent of $356
1
a rate that was
la!'.lt n1o<lific<l in 1982.
The CUfl'ent owner of Jack's Boathouse, Paul Sitnkin, was told last Dcccrnbor thal NPS wus canceling the urrangcn1cnt.
Silnkln has thut because or urncod1nents t<l the deed that transferred control of the Wfltel'front from the D.C. to
the federal govcntn:tent, the property has in fact reverted to Dhilrict oversight[2]. NPS, mcanwhilo, contends thut the
Jack
1
s Boiithousc lease was ncvor legally transferred to Shnkin aft.er tho l 999 death pf the bu!:iiOCS8
1
thrnlcr uwner.
This wlll be Ba1np;(i (Jutdoo1 Recreation
1
:-; first vr.;nture outside of the Hoston 1trea first contract with NPS, though it
does m.aooge boat rental facilities in three Mus!luchusclts state parks.
Simkin did not respond to a request (Or con1ncnt.
[I]: hltp://www .llickr.com/photos/drtano/4 7020273 82/in/photo8trcam/ [2]:
h tt.p ://www. wnsh in gtonci typapcr. com/b Io gs/ho usingC()tll pl cx/20 13 /0 l /28/jiu; thousc" wi l ice-to-court/
New contractor chosen for Jack's Boathouse site "News - Boston.com
----------------- ..
AP/ March 1, 2013
WASHINGTON (AP) -The National Park Service has awarded a two-yeur contract to a
Mussuchusctts co1npuny to rent boats and kayaks at a longtime ho;1ting facility along the
Georgetown waterfront.
Page 1of1
The agency announced Friduy it sclec:tud B&G Outdoor Recreation Inc. of Hopkinton, Mass.,
for the houting contrud:. The group is also known as Bouting in Boston und runs six boat
rental locations in the Boston area.
The new contractor replaces ,Jack' a Boathouse, which has been operating at the site since
1945, It was operating tm a rnonth-to-month lease that hadn't changed since i982. The Purk
Service said the lease is not in the name of current owner Paul Simkin. Officials sent Simkin
an eviction letter in Deccmbci:, prompting outcry from supporters.
The agency says Simkin did not bid for the new contract.
<!:>Copyright 2013 Globo Newspaper Company.
http ://www. boston.comlnews/local/ massachusetts/20 l 3/03/01 /ncw-contractor-choscn-for-j a... 3/3/2013
Park Service Picks New Jack's Boathouse Operator - Housing Complex Pagel of2
" FtTE
Park Service Picks New Jack's Boathouse Operator
Poted by Au.in Wlenu on Mar 1, 2013 at 2:52 pm
The National Park Service has selected a new operator for the Georgetown watemont boating space currently run by Jack's
Boathouse.
According to a press release from NPS, the chosen operator is B&O Outdoor Recreation, Inc., also known as Boating in Boston,
headquartered in Hopkinton, Mass., which "operates six kayak, canoe, pedal boat and rowboat rental locations In the Greater
Boston area, including three at Massachusetts state parks."
NPS Issued a request for qualifications for the space in J1muary and stated Its Intention to select a new operator by the end of
February. Today's announcement comes a day after the self-Imposed deadline.
Because Jack's owner Paul Simkin and his lawyer Charles Camp felt NPS did not have the right to terminate the Jock's
concession and Install a new operator, they did not respond to the RFQ; doing so, Simkln says, would have been akin to signing
"our own death They filed to prevent their eviction, and they plan to flle suit against tho new operator to prevent
the Ot>erator from starting up a business In the space. Camp expects the litlgallon to drag on for at least a year or two, allowing
Jack's to continue operating, though the uncertainty surrounding the case may take a toll on Jack's business.
Simkin SUllpcctcd that NPS was planning to install its usual operator of choice, Guest Services Inc., which operates a number of
other boathouses In the area. The D&G selection RR a surprise, since the company only operalll& boathouses in
Massachusetts.
Photo by Darrow MofltgomerrJ
comments

Mch ?llrl, 1013 I MOW that because you'va mrtcd cov<!rlng 1111!1 S\OJY hove to Onlsli It, bUt I'm not rcaly finding It to !his blog.
;im
SubaCtlbo to ttiq commanlO on 11111 artlcto.
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http://www.washingtoncitypaper.com/blogs/housingcomplex/2013/03/0 I/park-service-picks .. , 3/3/2013
Park Service Fills Boathouse Contract - The Hoya Page I of2
Park Service Fills Boathouse--eontra!tt
Breaking News
By Ted Murphy
Hoya Slaff Wl'iler
Published: Saturday, March 2, 2<n:3
Updated: Saturday, March 2, 2013 19:0;3
The National Park Service awarded a two-year contract to B&G Outdoor
Recreation, Inc. on Friday that would allow the Massachusetts boating company
to open shop on the property along the Georgetown waterfront that has housed
Jack's Boathouse since 1973.
B&G Outdoor Recreation, Inc., also known as Boating in Boston, owns six boat
rental and storage businesses in the Boston area.
NPS sent a notice of eviction to Jack's Boathouse in Deeember because it claims
the property rights were not properly transferred after Frank Baxter and Paul
Simkin took over boathouse operations following the death of Baxter's father,
,Jack, in 2009.
The government agency determined that Jack's Boathouse would have to
compete with other businesses to bid on the rights to operate a commercial
venture on the property under a concession contract, which is standard practice
for land owned by the NPS.
Simkin, however, refused to compete for the property rights, telling the
Georgetown Patch that NPS was "forcing us to bid to nm our own business."
http://www.thehoya.com/park-scrvicc-fills-boathousc-contract- l .300289 l 313/2013
Park Service Fills Boathouse Contract - The Hoya Page 2 of2
Simkin has no plans to leave anytime soon. Simkin's attorney Charles Camp has
threatened to sue both the park service and any new business that attempts to
operate on the property.
Camp says the land belongs to the District of Columbia, not NPS, and that the
agency therefore has no authority to evict the boathouse.
Jack's Boathouse can continuing operating until the legal dispute is settled,
which could take some time. Camp told The Washington City Paper that
litigation could drag on for several years.
http://www. thchoya. com/park-service-fills-boathousc-contract-1.3002 891 3/3/2013
Vox Populi National Park Service chooses winning bid for Jack's Boathouse site Page 1 of2
Vux Hume
Eiml!!.tu

.Y.2ku
fu.!ilQ.tifil
Pnae !)
(( Sito Jiu.( i o[ fot minio bn:nk. Ml lnke OJI[
Wp Arn Qcpamown: t!oyu Ru11;1m 1nni11ht
Mai<l22013
Im
Natllut.aLP..Jtrk Servic_e ch'Ooses winning bid for Jack' s Boathouse site
l'OSl<d b)': f:iw, 18" Jask't !!01\llou10. Nlio!l!l l Park Sorvloc, tif!t
c National Park Service bn l!llcc!gd a company called B&Q Outdoor Recreation to fill
the the waterfront spaoo currently owned by Jack's Iloa!housc, according to a prnss release.
On Jan. 18, tho NPS sent out a public notice requesting tenants ancr It decli ned to tonow tho loaM of Jack's Boathouse In
January. Jack's is flghling tho the NPS In court over claims that tho 3<1rvlce docs not retain jurisdictlon the waterfront property
anymore.
D. C. still owns tho land but autl!orily over to !ho NPS In l 987 under the condition that there could be no slgnlflcant
amemlmcnls lo the deed. "There was a 50-pagu amendment to !110 deed, and so that is a significant amendment." said Charles
Camp, the legal rcpn:scntativc of Paul Simkin, the current owner of Jack's. "Under the D.C. resolution, I believe the
jurisdiction reverted bnck." The NPS, however, contends that the license ofthe company was never formRlly transferred to
Sim_J(iq following lhe dcoth of Jnck' a originol owner.
Since Simkin bclicvea the NPS had no right lo put up the land for auction, he did not put in u bid for the lease.
Aesoa!jl)R tg DC!p, Sinlkin aald the NPS's move today violates a eollft order staying the eviction of Jack's Boathouse till the
end of Moreb. lie says he'll be in court Monday seeking sanctions against the NPS.
B&G Outdoor Recreat ion, known u "Boating In Boston" operates five boat rental operations in Massachusetts.
Plt1i 1(J: Ryan Sam/ridge via Flichr
8horolhl: f!aciabook TwlHcr Print
Thi 011f ry WM ('031Cd on 81tllfd&y, Morch 2nd, 2013 I 12:32 lln afid ia lilcd u11dcr Yl!llf2lllill. Yoij ctn follow aoy lo c11lry U1rovgh
he 11ss i ,o fccil. You I., ro100"" lrom yo\lr ol\'!11lte.
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http://blog.georgetownvoice.com/2013/03/02/national-park-service-chooses-winning-bid-fo ... 3/3/2013
!Jrut'IP1- Nallt.nal Park Service Awards J!lck's Boalhouso Sito to Massac,,,

. '
National Park Service Awards Jack's Boathouse Site to Massachusetts
Company: DCist
Tammy Stidham <tammy_stidham@nps.goV> Mon, Mar 4, 2013 at 8:17 AM
To: peter_may@nps.gov, Stew_Whitesell@nps.gov, Lisa_Mendelson-lelmini@nps.gov, Tara_Morrison@nps.gov,
jennifer_.rnummart@nps.gov, stew_lebol@nps.gov
See bottom of article with update response from Mr. Simkin.
http:/ /dcist.com/2013103/national_park __ servco .awards j<1cks. php
Tammy Stidham
National Park Servce
1100 Ohio Driw SW Room 228
;<JiCe - (202)619-7474
cell - (202)438-0028
fax - (202)401-0017
tammy_stidham@nps.gov
ttps :// m <111. goog!e, com/ m bl 152/ u/O/?ul=2&1k 534 768661\.& v !ew=pl&c at =J k s Oocithous e &s h= ... 111
Jack's Boathouse Sito lo M<it;:><.iCllUSOtts Company: ()Clst
National Park Service Awards Jack's Boathouse
Site to Massachusetts Company
Photo by drtllna
The National Park Service announced today that a Massachusetts-based company will take over the
Georgetown watcrront site currently operated by Jack.'s Boathouse. B&G Outdoor Recreation, Inc., which
operates six boat rental facilities in the Boston area, will take over the site for a two-year contract.
c Is t, com/2013/03/ m:il ional _ :.orv lco Jae ks . php
4/21
1$lf!fi14'e Jack's Boathouse Sito to Company: DCh;t
Jenny Anzelmo-Sarlcs, an N PS spokeswonm1, said B&G Outdoor Recreation was selected from among six
bidders reviewed by 11 pimcl of Park Service from across the nation with expertise in business
rnanagemcnt and park operation lmd policy. Jack's Boathouse was not among tho businesses competing for the
contract, A=lmo-Surlcs says.
Jack's Boathorno first opened in 1945 to canocrs, kayakers, and other boaters navigating the Potomac River. It
operated under a month-to-1mnth lease first from the District and later passed on to the federal government in
l 987 when the Georgetown waterfront was incorporated into Rock Creek Park. Its owners paid a monthly rent
of$356, a rate that was last modified in l 982.
The ctuTent owner of.lack's Boathouse, Paul Simkin, was told lust December that NPS wus cnnccling the
arrangement. Simkin has argued that of amendments to the deed that transforred control of the
waterfront from the D.C. to the federal government, 1b.l<.J2WPe'ty has in fact to District NI'S,
meanwhile, contends that the Jack's Boathouse lease was never legally transferred to Simkin after the l 999
death ofthc business' funner owner.
This will be B&G Outdoor Recreation's first ventlll'e outside of the Boston area and first contract with NPS,
though it does boat rental fucilities in three Massachusetts state parks.
Simkin did not respond to a request for cotrnncnt.
UPDATE, 4:30 p.m.: In a phone interview, Simkin says the awarding of the contract today is an intimidation
move by the National Park Service that viol1tes a restraining order staying the eviction.
''They agreed to stand down tuitil the end of March," Simkin says.
Simkin says that after Jack's Boathouse filed its suit with the claim that the land it sits on has acttmlly reverted
back to Di-;trict controi NPS agreed to wait tuitil the end ofMarch before taking any liuther steps. He says
lawyers representing Jack's Boathouse will be in cmut Monday to seek sanctions against the Park Service for
violating a restraining order stayi11g the eviction.
''The bottom line is we're not going anywhere," he says. "We're very comfortable with otll' position and we're not
giving up what we believe our legal rights to be. The Park Service jumped the b'llrl"
Contact the mtthor of this article or email tips(f1)dR.ti.l com with fiuther questions, comments or tips.
By Bcnjaminl{. Freed in News on Mar 1, 2013 2:30 PM
29 'I ?! I
' .... V ................. .
3
Twut . LII
b&g outdQ&>r recreation
waterfront
liJ.ck's boathouse
llll!ipnal parks service;

cis t. com/2013103/ lee_ awc1rW> ..J1c Ks , php
8121
lll&lM4 Ro: N<1li(Jn8I Park Seloct:s Ooralur for Boa ...

.

.
Re: National Park Service Selects Operator for Georgetown Boat Rental
Am:elmo-Sarles, Je nnlfor <jenny _anzelmosarles@nps.gov>
To: "Whitesell, Stew" <stew_whitesell@nps.gov>
calling now
Jonny Anzclmo-Sarlcs
Spokesperson
N;;1tional Pnrk Service
National Capital Rw1ion
Office: (202) 6197177
Cell: (307) 690-2355
Fri, Mar 1, 2013 at 4:29 PM
'The National Park Se1"1ce cares for special places sawcl by the American people so that all may experience our
heritage.
EXPERIENCE YOUR AMERICA@
On Fri, Mar 1, 2013 at 4:28 PM, Whitesell, Stew <steve ___whitosclll@nps.fJOI/.> wrote:
Forwarded message ---
From: Powell, Christine <chris.Jiowoll@nps.gov>
Date: Fri, Mar 1, 2013 at 4:19 PM
Subject: Fwd: National Park Ser.ice Selects Operator for Georgetown Boat Rental
To: Ste'.<lWhitesell<slel. __ whitesell@nps.gov>, Jennifer Mummart Tam
Morrison <tara __ morrison@nps.gov>, Lisa Mendelson <lisa __mendetson-ielrnini@nps.gov>
Can someone please call me on Jack's Boat House. I already ha'- calls from the Hill as this press release
went out without notifying our interested Congressional members. I am here by the phone .
. Thanks,
Chris
----- Forwarded message -------
From: Anzelmo-Sarles, Jennifer <j0nny_;mzel1110-sarlos@nps.gov>
Date: Fri, Mar 1, 2013 at 1:33 PM
Subject: National Park Ser.ice Selects Operator for Georgetown Boat Rental
To:
National Park Service Naws Release
t tr.is:// m nil, gaoglo. com/ m <ill/ti/ 1 1:12/ll/0/?ul ;;:;2_8.ik =f 534 7806tl4 &v lflW"Pt&c at =Jack ':s Ooath(JllS e &$earc h= ...
1/J
1WM4 R ~ National P8rk Si:J!'vicu Solot:W OporJtOI' for Gi;iorgalown Boa ...
Contact: Jenny Anzelmo-Sarlos, jonnY .... amelmo-sarles@npS.(JOV, 202"619-71'77
National Capital Rogian Office of Communic<1tions, 202-619-7222
National Park Service Selects Operator for Georgetown Boat Rental
WASHINGTON- The National Park ser,;ce (NPS) has selected B&G Outdoor Recreation, Inc., for a two"yem
temporary concession contract to pro\<ide non-motorized boat rental and storage in Rock Creek Park along the
B&G Outdoor Recreation, Inc., also known as Boating in Boston, headquartered In Hopkinton, Mass., operates
six kayak, canoe, pedal boat and rowboat rental locations in the Greater Boston area, including three at
Massachusetts state parks.
"The National Park ser,;co is committed to pro-..iding uninterrupted ser\<ice to paddlers along the Georgetown
waterfront," National Park SeNce Regional Director Ste'.(l Whitesell said. "We're eager to see people out
enjoying the river this spring."
The NPS solicited responses through a Request for OualiOcations (RFQ) issued on January 18, 2013.
Responses were accepted through February 6, 2013. The current pro-..ider of non-motorized boat rental and
. storage in Rock Creek Park, Jack's Canoes & Kayaks, LLC, did not respond to the RFQ. A multidisciplinary
re-..iew panel composed of NPS staff from across the country with expertise in business management, park
operations, and law and policy analyzed the responses.
Jenny Anzelmo-Sarles
Spokesperson
National Park Ser\<ice
Office: (202) 6'19-7177
Cell: (307) 690-2355
The National Park Ser\<ice cares for special places sa\ed by the American people so that all may experience
our heritage.
. Christine Powell
Senior Congressional Affairs Specialist
National Park Sor-..ice
Miiin Interior Building, Room 3122
Washington, DC 202.40
(0) 202-208"3636
(C) 202"591-0660
2/J
1Miin4 Nutiot\<il f:'<.irk Scrvlc0 Selects Operator for Goor9otown ..
t './/mall. com/mail/ bl 152/ 534 76866i\ & v iew=pt&c<.il ::J ciC k hm,1s e&searc h= ..
Mai! - 3.1.13 C<inoa!! & Kay ak:s, LLC Notleo to V<icate

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3.1.13 Jack's Canoes & Kayaks, LLC Notice to Vacate
Le Bel, Steve <stew_lebel@nps.ga\I> Fri, Mar 1, 2013 at 1:30 PM
To: Paul Simkin <psimkin@gmail.com>, Charles Camp <CCamp@charlescamplaw.com>
Cc: Melissa Lackey <M01issa.Lackey@sol.doi.gov>, Stew Whitesell <Stew_Whitesell@nps.gov>
Please find the subject correspondence attached. A written copy will be hand deliwred to the office located on
the property now known as Jack's Boathouse and to the Law Offic0s of Charles Camp before close of
today, March 1, 2013.
Steve LeBel
National Capital Region, National Park Sorvic0
Phone: (202) 619-7072
Fax: (202) 619-7157
Tho information contained in this message may protected by attorney-clirnt or other pri\ilege. It is intended
for the use of the indi\iduals to whom it is sent. Any pri\ilege is not waived by \>irtue of this h<i\in9 been sent by
e-mail. If the person actually recei\ing this mos sage or any other reacler of this message is not a named
recipient, any use, dissemination, distribution, or copying of this communication is prohiliited. If you rec0iwi U1is
mess<>ge in error, please contact the sencter.
t9 3.1.13 Jacks Canoes and Kayaks LLC Notice to Vacate.pdf
86K
S34 Boathou:se&soarch=.,, 111
IN 1 ~ 1
1
. f l . Y Rf!PER TO:
LA, L (NCR-OBS)
March l, 2013
Jack's Cam>cs & Kayaks, LLC
3500 K Street, N.W.
Dear Mr. Simkin:
N/\'l'IONAL PARK Slo:ll,VICE
N11tionnl C:.1pHal Rci:=ion
1100 Ohio Di'ivc, S.W.
Wa.shi11gto11, u.c. 20212
for non-motorized boat rental and storage services ut or near the prnsent location of Jack's Boathouse.
Responses were due February 6, 2013, and we note you chose not to apply, We used a nationwide
interdisciplinary team to evaluate all responses in a fair and consistent manner. We are now prepared to
award a temporary concession contract to ll&G Outdoor Recreation, Inc.
Our correspondcnco permitted you to continue your operations until such time as the contract was
awarded, provided your occupancy met with National Park Service standards for hen Ith, safoty, and
This letter serves as notice t<> Jack's Canoos & Kayaks, LLC, to terminate its occupancy of tho premises
at Lot 805 in Square 1179 on or before l I :59 p.m. on April 7, 2013, and to remove all your personal
property from the premises. Any of your personal property remaining on the premises after April 7, 2013,
will be considered abundoned, and the National Park Service expressly refuses to assume any liability for
y<HU' propc1ty left at the premises. We believe this notice to vacate is in keeping with the Court's Minute
Order of February 19, 2013, in tho Jack's Canoes & Kayak.,, LLC v. National Park Service, et. al. case,
as the National Park Service is not proposing to take any action against Jack's Canoes & Kayaks, LLC,
until after March 31, 2013.
Wo understand that Jack's Canoes & Kayaks, LLC, has contracts with third parties for the storage of
privately-owned canoes and/or kayaks on the l><emiscs. The National Park Service desires that thoro be a
LLC, provide to the National Park Service a list of current contact infonnation, including namos,
addresses and, if known, telephone numbers and omail addresses for any customers who store their boats
on the pre1nises.
Please direct any questions to Stove Lcllcl, Deputy Associate Regional Director at (202) 619-7072.
Jwl
hen E hitcscll
Rcgio1fa Director
CONCUR:
::"llJ""LILl
Name (Pl'int): .. LLAJ-1{)
Title: f1'.;.f;5__U}_:_d=::-C ___ _
Di1te; .ld .. l_Q_\__JJ. __________ ---
cc:
Neil Mulholland, President, National Park Foundation
Tarn Morrison, Superintendent, Rock Creek Park
l:rnf"1ifHE INTERIOR Mail - Simkin vuC<.lltl ltr 3.1.13

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Simkin vacate ltr w-NPF&RD signatures 3.1.13
Bowman, Judy <judy_bowman@nps.gow- Fri, Mar 1, 2013 at 1:20 PM
To: Ste'-'9 Whitesell <stel'9_whitesell@nps.gow-, Lisa Mendelson-lelmini <lisa_mendelson-lelmini@nps.gow-, Philip
Selleck <philip_selleck@nps.gow-, Ste'-'9 LeBel <stel'9_1ebel@nps.gow-, Jennifer Mummart
<jennifer_mummart@nps.gow-, Tara Morrison <tara __ morrlson@nps.gow-
FROM THE REGIONAL DIRECTOR, NATIONAL CAPITAL REGION
sent by:
Judy Bowman
Staff Assistant
Office of the Regional Director
National Park Service. Na'l'ional Capital Region
202-619-'7023 - office
202-619-'7220 - fox
judy _bow man@nps.gov
fl Simkin vacate ltr NPF.RD signatures 3.1.13.pdf
u 93K
t t p$: 11m ;:1IL lo. com Im all/ bl 1 $21 u/O/ ?ui=2&1k =f 534 7686El4& v low:i:p1 s Boat ho us s&:searc h= ... 111
March I, 2013
Jack's Canoe.I & Kayaks, LLC
3500 K Street, N.W.
Dear Mr. Simkin:
NA:l'l()NAL PARK i>Ji:ltVICli:
Nntlonnl CupUill
1100 ()hio Drive, S.W,
... hl11glo11, l),C. 20242
for non"motorized boat rental and storage services at or near the present location of Jack's Boathouse.
Responses were due February 6, 2013, and we note you chose not to apply. We used a nationwide
interdisciplinary loam to evaluate all responses in a fail and consistent munner. We am now prepared to
award a temporary concession contract to D&O Outdoor Recreation, Inc.
Our correspondence pormittcd you to continue your operations until such time as the contract was
awarded, provided your occupancy met with National Park Service standards for health, safoty, and
responsible stewardship of the natuml environment.
This lcttor serves as notice to Jack's Canoes & Kayaks, LLC, to terminate its occupancy of the premises
at LN 805 in Square 1179 on or before 11 :59 p.m. on April 7, 2013, and to remove all your personal
property from the premises. Any of your personal properly remaining on the premises after April 7, 2013,
will be considered abandoned, and the National Park Sorvicc expressly refuses to assurnc any liability for
your property lctl at the promises. Wo believe this notice to vacate is in keepiug with the Court's Minute
Order of Fcbnrary 19, 2013, in the Jack's Canoes & Kayaks, LLC v. National /'ark SeYVice, el. al. cae,
as the National Park Sorvicc is not proposing to take any action against Jack's Canoes & Kayaks, LLC,
until aller Murch JI, 20 I J.
We understand that 1Rck's Canoes & Kuyuks, LLC, has contracts with third parties for the storage of
privately-owned cimocs and/or kayaks on the premises. The National Park Service desires that there be a
LLC, provide to the National Park Service a list of current contact information, including names,
addresses and, if known, telephone numbers and email addresses for any customers who store their boats
on the
Please direct any questions to Steve LcBcl, Deputy Associate Regional Director at (202) 619-7072.
CONCUR:
::;11: '"[1Ll
Name (Pl'int): H,f:'J_l,,, ____ t'.htbH.o LLAt/ 0
1-itlc: u.2-1S d1 ___ _
Dute: __QJ,_Q_J_JJ_
cc:
Noil Mulholland, Prosidmit, National Park Foundation
Tum Morrison, Superinwndont, Rock Creek Park
INTERIOR Mall - R0: Slight rovlslon t<1 from Melissa

'

Re: Slight revision to release from Melissa Lackey
Waldron, Suianne <sue_waldron@nps.gov> Fri, Mar 1, 2013 at 11:45 AM
To: "Morrison, Tara" <tara_,morrison@nps.gov>
Cc: "Mummart, Jennifer" <jennifer_mummart@nps.gov>, Stew Whitesell <Stew_Whitesell@nps.gov>, Stew LeBel
<stew__lobel@nps.gov>, Jennifer Anzelmo-Sarles <jenny _anzelmo-sarles@nps.gov>
what's the timing on this going being doliwred???
On Fri, Mar 1, 2013 at 10:50 AM, Morrison, Tara <tara ___morrison@nps.f,JOv> wrote:
Thanks Jennifer.
Tara
On Fri, Mar 1, 2013 at 10:46 AM, Mummart, Jennifer <jennifer __ mummart@nps.gov> wrote:
HI all,
Attached is what will be the final release (barring any other changes). Melissa requested the change to say
"selects operator" rather than "award contract" because technically the contract has not been executed. The
changes do not affect the content in any material way.
Thanks,
Jennifer
Jennifer Mummart
(acting) Associate Regional Director for Communications
(202) 619"7174
www.nps.gov
The National Park Ser.ice cares for special places sawd by the American people so that all may experience
our heritage.
Tara D. Morrison
Superintendent
Rock Creek Park
202-895-6004
tips:// m googlf!. com f m a!lfb/ 152/ u/O/? ll i::1f 534 '708664& v lew=pl &cat :oj <IC k's Roal hou!'la&search= ... 112
F2f.1%J INTERIOR 1v1<1il" r-10: Slight rav!sion to roloaso from Mollsszi l:.:1ch;ey
Sue Waldron
Assistm1t Director, Communications
(202) 208-3046
Tho National Park ServicEJ cmes for speci<il pl<ices by the Arnericw1 pCJople so that all may experience our
heritage.
ttp::i : 11m .:i!I, com/ m elf/ b/ 152.ll1IOI ?ul &lh: ;:;f 534 768664& v lew=pt&c <H )!J ;;10 h;' !'I Boat . ,
128/14 DEPAR'J'Mt!NT OF THF. INTf..RIOR Mail - NPF and Jack':;

'

'
NPF and Jack's
Philip Selleck <philip_selleck@nps.gov>
To: Steve Whitesell <ste\Ail_whitosoll@nps.gov>
Talked to Neil and sending him our updated letter for a look.
Steve will take final to him this pm
Sent from my iPhone
t\ps :! Im ail. googlo. com/ rn <.Ill/ bl 152/u/O/? u(;.1;"1, &lk :;:f 534 768664& v ir,iw=pt&c<.it ==J <.lC k's Boalhous e&!:I h:;:: ...
Fri, Mar 1, 2013 at 11:18 AM
111
. 1F,RIOR Mall - RE: Final Drnft Porlec\od Shlikln VtlC<ltC Notlco

.

RE: Final Draft Perfected Simkin Vacate Notice
Susan Newton <snewton@nationalparks.org>
To: "LeBol, Stal{)" <stel{)_lebel@nps.gov>
Cc: Stel{) Whitesell <Ste...,_Whitesell@nps.gov>
Fri, Mar 1, 2013 at 10:04 AM
Th<1nk:;, Steve. l'rn not in the office today, but I believe Neil is. I'll give hirn a he<1ds up you plan to corne
by.
Susan
From: LeBel, Steve [mailto:stovc_lobci(\unps.gov]
To: Susan Newton
Cc: Steve Whitesell
Subject: Final Draft Perfected Simkin Vacate Notice
This is the notice we plan to deli"9r to Simkin and his attorney early this afternoon. I will drop by your office
around noon for NPF signature.
It has been re..;ewed by NPS solicitors and the Assistant US Attorney.
Ste"9 LeBel
Program Manager, Office of Business Sorvces
National Capital Region, National Park Servce
Phone: (202) 619-7072
Fax: (202) 619-7157
The information contained in this message may be protected by attorney-client or other pri..;lege. It Is intended
for the use of the indl..;duals to whom it is sent. Any pri..;lege is not wai"9d by ..;rtue of this ha"1ng been sent by
e-mail. If the person actually recei..;ng this messag0 or any other reader of this messag0 is not a named
t t ps: 11 mall. googla. com/mail/ b/ 152! u!O/ ?ui=2&ik =f 534 76 06 64&.v lew111pt &G =Jack s Boat o&s c;.1rc h .. , 112
1007'1!'<'. . Mall - Fln.nl Draft PerfBctFJcl Simkin Vacato Notloa
recipient, any use, dissemination, distribution, or copying of this communication is prohibited. If you recei"l this
t tp:s: ff m a11. gooHle, com/ m flilf bf 152f uf0f?u!==2&1k if 534 708661\.& v l0w=pt&cat :.1J ac k's Boal ho us omc h , . 212
C:OOiTIQ;JP THI:\ INTERIOR Mall - Final Draft Simkin V<.1c<1l(J Notice
Final Draft Perfected Simkin Vacate Notice
LeBel, Steve <ste'.l'l_lebol@nps.goV>
To: Susan Newton <snowton@nationalparks.org>
Cc: Stow Whitesell <Stew_Whitesell@nps.gov.>
Fri, Mar 1, 2013 at 10:02 AM
This is the notice we plan to deliwr to Simkin and his attorney early this afternoon. I will drop by your office
arm1nd noon for NPF signature.
It has been rel.iewed by NPS solicitors and the Assistant US Attorney.
Stew LeBet
Associate Regional Director, Operations and Education
Program Mana()er. Office of Business $er;ices
Phone: (202) 619-7072
Fax: (202) 6'19-7157
The information contained in this message may be protected by attorney-client or other prhAlege. It is intended
for the use of the inlli\iduals to whom it is sent. Any pri\ilege is not waiwd by IArtue of this hmAng been sent by
e-mail. If the person actually receil.ing this mos sage or any other reader of this mess,1110 is not a named
recipient. any use, dissemination, distribution, or copying of this communication is prohibited. If you receiw this
3.1.13 Draft Simkin Vacate Notice CLEAN ALISA edits PERFECTED FINAL.docx
"'.! 18K
ttps://mall.gooi;ila.com/mail/b/ 534/68664&v lew.:1p18icf.!t=Jack's BoathotJ:>U&$O<ircl\::!, ..
DATE
3500 K Street. N.W.
Dear Mr. Simkin:
On January 18, 2013, we advised you the National Park Service would release a Request for
Qualifications (RFQ) for non-motorized boat rental and storage services at or near the present location of
Jack's Boathouse. Responses were due February 6, 2013, and we note you chose not to apply. We
a nationwide interdisciplinary team to evaluate all responses in a fair and consistent manner. We
are now prepared to award a temporary concession contract to B&G Outdoor Recreation, Inc.
Our correspondence permitted you to continue your operations such time as the contract
wes awarded, provided your occupancy met with National Park Service standards for health, safety, and
premises at Lot 805 in Square 1179 on or before 11 :59 PM on April 7, 2013, and to remove all your
personal property from the premises. Any of your personal property remaining on the premises after April
7, 2013 will be considered abandoned, and the National Park Service expressly refuses to assume any
liability for your property left at the premises. We believe this notice to vacate is in keeping with the
Court's Minute Order of February 19, 2013, in the Jack's Canoes & Kayaks, LLC v. National Park Service,
et. al. case, as the National Park Service is not proposing to take any action against Jack's Canoes &
Kayaks, LLC until after March 31, 2013.
We understand that Jack's Canoes & Kayaks, LLC, has contracts with third parties for the storage
of privately-owned canoes and/or kayaks on the premises. The National Park Service desires that there
be a smooth transition with respect to.these stored boats. Accordingly, we request that Jack's Canoes &
Kayaks, LLC, provide to the National Park Service a list of current contact information, including names,
addresses, telephone numbers and email addresses for any of its customers who store their boats on the
premises.
Please direct any questions to Steve LeBel, Deputy Associate Regional Director, National Capital
Region, at (202) 619-7072. Thank you for your attention to this important matter.
Sincerely,
CONCUR:
By __________ _
Name (Print): ________ _
Title:
Date:
bee: Steve LeBel, NCR-OBS
Lisa Mendelson-lelmini
Philip Selleck
f2!JA-'H( M(.lil - FINAL PERFECTED Simkin ... FOR FINAL

.
'
FINAL PERFECTED Simkin Notice .... FOR FINAL
LeBel, Steve <ste,.,,Jebel@nps.gov> Fri, Mar 1, 2013 at 9:58 AM
To: Judy Bowman <judy_bowman@nps.gov>
Cc: Ste"" Whitesell <Ste,.,,_Whitesell@nps.gov>, Jennifer Mummart <jennifer_ ..mummart@nps.gov>
This is the final alter last nights meeting.
Sto"" LeBel
Nation<1I Capital Region, National P21rk SerlAce
Phone: (202) 619-7072
Fax: (202) 6197157
The information contained in this message may be protected by flttorney-client or other pri\ilege. It is intended
for the use of the indi\.iduals to whom it is sent. Any pri\.ilego is not wai""d by \.irtue of this ha\.ing been sent by
e-mail. If the person actufilly rocei\.ing this mess ago or any other reader of this message is not a named
recipient, any uso, dissemination, distribution, or copying of this communication is prohibited. If you reoei"" this
lifil 3.1.13 Draft Simkin Vacate Notice CLEAN ALISA edits PERFECTED FINAL.docx
18K
ttps ;//rna.11.google. com/mu!lfb/1G2./u/O/?ul;:;;;\&lk#-534768664&\/ BoE1thou:;(l&scorch1J,., 1/\
DATE
3500 K Street, N.W.
Dear Mr. Simkin:
On January 18, 2013, we advised you the National Park Service would release a Request for
used a nationwide interdisciplinary team to evaluate all responses in a fair and consistent manner. We
are now prepared to award a temporary concession contract to B&G Outdoor Recreation, Inc.
Our correspondence permitted you to continue your operations until such time as the contract
was awarded, provided your occupancy met with National Park Service standards for health, safety, and
responsible stewardship of the natural environment
premises at Lot 805 in Square 1179 on or before 11 :59 PM on April 7, 2013, and to remove all your
personal property from the premises. Any of your personal property remaining on the premises after April
'7, 2013 will be considered abandoned, and the National Park Service expressly refuses to assume any
liability for your property left at the premises. We believe this notice to vacate is in keeping with the
Court's Minute Order of February 19, 2013, in the Jack's Canoes & Kayaks, LLC v. National Park Service,
et. al. case, as the National Park Service is not proposing to take any action against Jack's Canoes &
Kayaks, LLC until after March 31, 2013.
We understand that Jack's Canoes & Kayaks, LLC, has contracts with third parties for the storage
be a smooth transition with respect to these stored boats. Accordingly, we request that Jack's Canoes &
Kayaks, LLC, provide to the National Park Service a list of current contact information, including names,
addresses, telephone numbers and email addresses for any of its customers who store their boats on the
premises.
Sincerely,
CONCUR:
By: ____________ _
Name (Print): ________ _
Title ------------
Date: ___________ _
bee: Steve LeBel, NCROBS
Philip Selleck
rclUA:.fHt':: Moll R.e; Jack's Boalhou:;o Qf Awilrd

,
Re: Jack's Boathouse Announcement of Award
Suzanne Waldron <sue_ ..waldron@nps.gov> Fri, Mar 1, 2013 at 8:20 AM
Cc: jennifer_ Mummart@nps.gov, Peggy_ O'Dell@nps.gov, Maureen Joster@nps.gov, Jeffrey_ Olson@nps.gov,
Blake_Androff@ios.doi.gov, Stol<J_LeBel@nps.gov, philip,_selleck@nps.gov, mellssa.lackey@sol.doi.gov
Jsut to clarify, melissJ sent <1 revision that has the ausa ai'proved insertion of that langt.1age
From: Whitesell, Steve [mailto: ___whitesell@nps.gov]
To: Waldron, Suzanne <sue .... walclron@nps.gov>
Cc: Jennifer Mummart <jennifer,_Mumm<1rl@nps.9ov>; Peggy O'Dell <Pcggy __ O'Dell@nps.gov>; Malireen Foster
<Maureen __ Foster@nps.gov>; Jeffrey Olson <Jeffrey,,,Olson@nps.gov>; Blake Androff
<Blake .... Androff(cilios.cloi.gov>; Steve LeBel <Stcvc_LcBel@nps.gov>; Philip Selleck <philip __ selleck@nps.gov>;
Melissa Lackey <melissa. lackey@sol.cloi.gov>
Subject: Re: Jack's Boathouse Announcement of Award
Sue
As discussed late yesterday between you and Jennifer, we will insert a short sentence in the press release
noting that Paul Simkin did not a proposal.
With these changes, the press release is finalized and we will be prepared to release, just after contacting
Simkin with the letter terminating his use of the property. The National Park Foundation needs to cosign that
letter. Neil Mulholland and I will be conl.<lrsing this morning to coordinate that effort. Unless something else
happens in between, we anticipate completing everything, including signatures, by early afternoon at which time
the letter will be hand delil.<lred to Simkin, an email will be sent to him and his lawyer, and certified letters
foiwarded through the mail.
Stel<J
On Thu, Feb 28, 2013 at 7:08 PM, Waldron, Suzanne <suo.,.waldron@nps.gov> wrote:
just spoke with blake - doi is fine with the release as attached (there is a missing" sign so a final proof would
be good)
so if nor is fine with the odits to the release (there were none from us to the lotter - tho AUSU did hal<J some,
as noted in mellssa's email)
can you get a final back to melissa, per her request below
let us know the timing you ha'-"> in mind for delil<Jring the letter and issuing the release tomorrow
thanks!
sue
--- Forwarded
From: Waldron, <suo __.waldron@nps.gov>
Date: Thu, Feb 28, 2013 at 4:54 PM
113
r.IDP14"HI:. Mall - Rt1: Boathouso Announccmont of Aw;;1r, Blake Androff <Blake __ Androff@ios.doi.9011>, Kate Kelly
<Kato_._Kdly@ios.doi.9011>, Jessica L Kershaw <jessi<:a __ korsht1w@ios.cloi.golf.>, Jennifer Mum mart
<jennifer_Murmnart@nps.oow, Jeffrey Olson <Jdfroy ____ Olson@nps .(JOV>
sorry - lost the attachment, so since I was ro-sending, just added the couple of edits I made to this so thorc is
' one doc in playl
On Thu, Feb 20, 2013 at 4:28 PM, Waldron, Suzanne <suo __ wnldron@nps.gov.> wrote:
Yes I thank you - copying Blake (and looping others) on this as just sent him the other version (with minor
edits)
we will combine any other edits, loop back with ncr, and make sure you get tho final for ausa
On Thu, Feb 28, 2013 at 4:20 PM, Lackey, Melissa <melissa.lmok"y@sol.doi.qow wrote:
Sue:
I discussed your concerns with our AUSA, Wynne Kelly, who agreed to the edits marked on the attached
\Srsion. He also requested that copies of this and any other press releases be sent to him so hG could
share them with Bill Miller, the US Attorney's press relations official, in case any press inquiries are
presented to him. Accordingly, please copy me on the final version.
Melissa Lackey
Attorney Ad"1sor
U. S. Department of the Interior, Ofnce of the Solicitor
Mail Stop 5311
Phone: 202 513-0733 Fax: 202 208-3877
This e-mail any and all attachments) Is Intended for the \lse of the indi\.idual or entity to which it
is addressed. It may contain information that is pri;ileged, confidential or otherwise protected by
applicable law. If you are not the intended recipient or the employee or agent responsible for delivery of
this e-mail to the intended recipient, you are hereby notified that any dissemination, distribution, copying
or use of this e-mail or its contents is strictly prohibited. If you recelwid this e-mail in error, please notify
the sender immediately and destroy all copies.
Suo Waldron
(202) 200-3046
The National Park Ser;ice cares for special places saved by the American people so that all may experience
our heritage.
ttps: I Im <111. com/mail/ b/ =if 534 /60664 8.v !awmpt &cat =Jack s h::; ...
r OF fHE INTERIOR Mail - Ro: Jack':; Bo<.1lhouso of Award
Sue W <lidron
Assistant Director, Corrununicatlons
(202) 208"3046
Visit us et www.nps.gov
The National Park Sorvico cmes for special places sa"3d by the American people so that all rrmy experience
our hcrit<1go.
Sue Waldron
Assistant Director,
National l'ark Serlice
(202) 208-3046
The National Park Service caros for special places sa'-'ld by tho American people so that alt may experience
our heritage.
EXPERIENCE AMERICA
tt ps : 11m r1i I. googlo. com/ m .oil/ bl 1 $21 u/Ol?ul=2&1K =f 534 760664& v IElw;;pt &cat =Jack:; Boat housa&s aarch= ...
313
128/IH
0
ARTMEN'f OF THE INTERIOR M<.1!1 'Conh'f.\l.Jt <lW<lrd "f!ni:1I rol{!a$('l
-
-
Contract award - final release
Mummart, Jennifer <jenniler_mummart@nps.gov.> Fri, Mar 1, 2013 at 8:22 AM
To: Peggy O'Dell <Peggy_O'Dell@nps.gov.>, Maureen Foster <Maureen_Foster@nps.gov.>, Jeffrey Olson
<Jeffrey_Olson@nps.gov.>, Blake Androff <Blake_Androff@ios.doi.gov.>, Ste"' LeBel <Sto'-"l_LeBel@nps.gov.>, Philip
Selleck <philip __ sollock@nps.gov.>, Melissa Lackey <melissa.lackey@sol.doi.gov.>, Ste'-"l Whitesell
<St0'-"J __ Whit0sell@nps.gov.>, Jennifer Anzelmo.Sarles <j0nny __ anz0lmo-sarles@nps.gov.>, Tara Morrison
<tara_ morrison@nps.gov.>
Good morning e'-"Jl)'one - please see attached, which should be the final release that will be issued this afternoon
assuming e'.<lJYthing else aligns with letter signatures and deliveries.
Speak now ...
Thanks!
Jennifer
Jennifer Mummart
(202) 619-7174
www.nps.gov
The National Park Ser.ice cares for special places sa"'d by the American people so that all may experience our
heritage.
lij[J Jack's Boathouse 3-1-13 News Release Announce Awardee.docx
42K
tips:// mail. google. com/ rn <ii II bl ;:if 534 768661\ &v iew=pl&c al =Jack :s ao<.\t houso&se<:1rc h';, , .
1100 Ohio 01ive, SW
202 .. e19 .. 7222 pl1one

Contact: Jenny Anzelmo-Sarles, jenny_anzelmo-sarles@nps.gov, 202-619-7177
National Park Service Awards Contract for Georgetown Boat Rental
WASHINGTON - The National Park Service (NPS) today awarded a two-year temporary concession
contract to B&G Outdoor Recreation, Inc., to provide non-motorized boat rental and storage in Rock
Mass., operates six kayak, canoe, pedal boat and rowboat rental locations in the Greater Boston
area, including three at Massachusetts state parks.
"The National Park Service is committed to providing uninterrupted service to paddlers along the
Georgetown waterfront," National Park Service Regional Director Steve Whitesell said. "We're eager
to see people out enjoying the river this spring."
The NPS solicited responses through a Request for Qualifications (RFQ) issued on January 18,
2013. Responses were accepted through February 6, 2013. The current provider of non-motorized
boat rental and storage in Rock Creek Park, Jack's Canoes & Kayaks, LLC, did not respond to the
RFQ. A multidisciplinary review panel composed of NPS staff from across the country with expertise
in business management, park operations, and law and policy analyzed the responses.
-NPS-
About the National Park Service. More than 20, 000 National Park Service employees care for
America's 398 national parks and work witt1 communities across the nation to help preserve local
history and create close-to-home recreational opport(lnities. Learn more at www.nps qqv.
M(lil - Fwd: Jack':; BoattlOU$C of Award

'
Fwd: Jack's Boathouse Announcement of Award
Waldron, Suzanne <sue_waldron@nps.gov> Thu, Feb 28, 2013 at 7:08 PM
To: Jennifer Mummart <jennifer_Mummart@nps.gov>, Ste"' Whitesell <Steve_Whitesell@nps.gov>, Peggy O'Dell
<Peggy _O'Dell@nps.gov>, Maureen Foster <Maureen_Foster@nps.gov>, Jeffroy Olson <Jeffrey _Olson@nps.gov>,
Blake Androff <Blake_Androff@ios.doi.gov>
just spoke with blake" doi is fine with the releMo as attached (there is a missing" sign so a final proof would be
good)
so if ncr is fine with the edits to the release (tt10r0 were none from us to the letter - tho AUSU did have some, as
noted in melissa's email)
can you get a final back to melissa, per her request below
let us know the timing you have in mind for deli;ering the letter and issuing the release tomorrow
thanks!
sue
From: Waldron, Suzanne <sue_waldron@nps.gov>
To: "Lackey, Melissa" <rnelissa.lackey@sol.lloi.gov>, Blake Androff <Bl<1ke_Androff@ios.doi.9ov>, Kate Kelly
<Kate ___Kelly@ios .doi. gov>, Jessica L Kershaw <jess ica _ kers haw@ios .doi.gov>, Jennifer Mum mart
<jennifer: .... Mummart@nps.gov>, Jeffrey Olson <Jeffrey_Olson@nps.gov>
sorry - lost the attachment. so since I was ro-sending, just added the couple of edits I made to this so there is
one doc in play!
On Thu, Feb 28, 2013 at 4:28 PM, Waldron, Suzanne <s\1e_woildron@npS.(JOv> wrote:
Yes I thank you -- copying Blake (and looping others) on this as just sent him the other version (with minor
edits)
we will combine any other edits, loop back with ncr, and make sure you get the Onal for ausa
On Thu, Feb 28, 2013 at 4:20 PM, Lackey, Melissa <rnelissa.l11ckey@sol.doi.gov> wrote:
Sue:
I discussed your concerns with our AUSA, Wynne Kelly, who agreed to the edits marked on tho attached
version. He also requested that copies of this and any other pross releases be sent to him so he could
share them with Bill Miller, the U S Attorney's press relations official, in case any press Inquiries are
presented to him. Accordingly, please copy me on the final version.
Melissa Lackey
l t p:;: // m C\U. <JOOQ!e, com/ m ai l/b/ 152/ u!O/ ?ul =2&1K =I 534 76 6664& v lew=pt&cat =Jack'$ 80<1t hO\IS e&!I a arch= ... 113
OE/TtffE INTERIOR Muil - Fwd: Jc1ck't> Oo<.,thowJ.e of Award
Attorney Adl>isor
Mail Stop 5311
W<ishington, DC 20240
Phone: 202 513-0733 Fax: 202 208-3877
This e-mail (including any and all attachments) is intended for the use of the indilidual or entity to which it is
addressed. It may contain information that is pri\>ileged, confidential or otherwise protected by applicable
law, If you are not the intended recipient or the employee or agent responsible for deli\<lry of this e-mail to
the intmded recipient, you are hereby notified that any dissemination, distribution, copying or use of this e-
mail or its contents is strictly prohibited. If you recei"'d this e-mail in error, please notify the sender
immediately and destroy all copies .
. --
Sue Waldron
National Pmk Serlico
(202) 208-3046
Visit us at www.11ps.9ov
Tho National Park Service cares for special plncos saved by the American people so that all may experience
O(Jr heritage.
Sue Waldron
(202) 208-3046
The N<Jtional Pmk Service cares for special placos saved by the American people so tl1at all rnay experionco our
hcritag().
suo Waldron
National Park Ser\lce
(202) 208-3046
Visit us <Jt www.nps.gov
The National Park Service cares for special places saved by the American people so that all rn<ly experience
213
Clf:ll'OHE IN'rERIOR Mail - Fwd: Jack's Boathou:;o AnnOlll'1comont of !\ward
heritage.
EXPERIENCE YOUR AME.RICA
Jack's Boathouse 2 28 12 Draft News Release Announce Awardee REVISED with AUSA SOL
cJ edits_WASO edlts.docx
49K
\Ip:; : 11m <ii I, com/mall/bl 152/u/O/?u 1=2&1K =f 534 i'G 0664 &v leW'"Pt &c a,t ;::;Jack's Boathou:s u&s O<)rC
3/3
1100 Ohio Dl'ive, SW
202-619-7222 pl1011e

FOR IMMEDIATE RELEASE: DRAFT PREDECISIONAL NOT FOR RELEASE
Contact:
contract to B&G Outdoor Recreation, Inc., to provide non-motorized boat rentaland storage in Rock
B&G Outdoor Recreation, Inc., also known as Boating E30ston,:headquartered in Hopkinton,
Mass., operates six kayak, canoe, pedal boat and rowboat rental)ocations in the Greater Boston
area, including three at Massachusetts state; parks.
The National Park Service is committed to providing uninterrupted service to paddlers along the
Georgetown waterfront,"National Park Service DirectoiSteve Whitesell said. "We're eager
to see people out enjoying the rive(this spring."
The NPS solicited responses through a Request for Qualifications (RFQ) issued on January 1 B,
2013. Responses were accepted through Februaty 6, 2013. The current provider of non-motorized
boat rental and' storage in Rock Creek Park. Canoes & Kayaks. LLC, did not respond to the
RFQ. Amultidisciplinary review panelcomposed of NPS staff with expertise in business
managernent, park operations, and lawand policy analyzed the responses.
-NPS-
About the National Park Setvice. More than 20, 000 National Park Setvice employees care for
America's 398 national parks and work with communities across the nation to help presetve local
history and create close-to-home recreational opportunities. Learn more at www.rws.gov.
128/14 DEPARTME!Nl OF THf. INTERIOR Mall - Nalloncll P<lrk
Neil Mulholland <noil@nationalparks.org>
To: "Whitesell, Ste""" <steve_whitosoll@nps.gov.>
Ste...e,
Please call me at your convenience.
Neil Mulholland
President and CEO
202. 354. 6464 direct
303.916. 1910 coif
MJIK
,_,,.,..
The Offiolal Charity of America'$ National Park
www. natl on a I park, org
F1oaso cons icier tt1e (:lr1Vironrr;;:)nt tioforo printin(.J this
t t ps: 11mall. googla, com/ m a!l/b/ &lk =f 534 768664&v &cm ;::;Jack's Boal ho us o&s eamh= ...
Thu, Fob 28, 2013 at 6:45 PM
111
INTERIOR - Re: Jack':; Bo<.1\houso or

.

'
Re: Jack's Boathouse Announcement of Award
Mumma rt, Jennifer <jonnifer_mummart@nps.gov.>
To: Stew Whitesell <stew_whitesell@nps.goV>
Hi Ste\.O,
Thu, Fob 28, 2013 at 4:32 PM
I am awaiting yet another version from Sue/Mellssa/AUSA. I asked Sue to work through everyone there inclL1ding
the lawyers with any changes she w<mted.
The US Attorney deleted the part about Simkin's not applying. SL1ggested that if we want to say that, we should
do a separate release.
Jennifer Mummart
(202) 619-7174
www.nps.gov
The National Park Ser.ice cares tor special places saved by the American people so that all may experience our
heritage.
On Thu, Feb 28, 2013 at 4:28 PM, Ste,,;, Whitesell <steve ____whitosell@nps.gov.> wrote:
Jennifer
Have you been kept up to speed on the changes? First I haw seen this pm. When and why was Simkin not
applying taken out?
From: "Lackey, Melissa" <molissa.l<ickey@sol.cloi.gov.>
Date: February 28, 2013, 4:23:00 PM EST
To: Stew Whitesell <steve_whitesoll@nps.gov.>, Stew LeBel <stew_lebOJl@nps.gov.>, Lisa
Mendelson <lisCJ_mendelson-iolmini@nps.gov.>, Tammy Stidham <tammy .... slidham@nps .9ov.>
Subject; Fwd: Jack's Boathouse Announcement of Award
FYI re press release
Melissa Lackey
ttps://moll,gongle,com/mail/b/ 5347fi866'1&v 11ck's F.lo:;ithouse&soarGh=, ..
121}(14
Attorney Advisor
U. S. Dopartment of the Interior, Office of the Solicitor
Mail Stop 5311
Phone: 202 513-0733 Fax: 202 208-3877
This e-rrwil (including any and all attachments) is intended for tho use of the individual or entity to
which it is addressed. It may contain information that is privileged, confidential or otherwise
protected by appllcablo law. If you are not the intended recipient or the employee or agent
responsible for cteliwry of this e-mail to the intended recipient, you are hereby notified that any
- Forwarded message --------
From: Lackey, Melissa <melissa.lackoy@sol.doLgolt>
Subject: Jack's Boathouse Announcement of Award
To: Suzanne Waldron <sue_waldron@nps.golt>
Sue:
I discussed your concerns with our AUSA, Wynne Kelly, who agreed to Hie edits marked on the
attached version. He also requested that copies of this and any other press releases be sent to
him so he could share them with Bill Mlilor, the US Attorney's press relations official, in case
any press Inquiries are presented to him. Accordingly, please copy me on the final wrsion.
Melissa Lackey
Attorney Advisor
Mall Stop 5311
Phone: 202 513-0733
This e-mail (including any and all attachments) is intended for the use of the or entity to
which it is addressed. It may contain information that is pri>ileged, confidential or otherwise
protected by applicable law. If you are not the int0nded recipient or the employee or agent
responsible for dell;l'lry of this e-mail to the intended recipient, you are hereby notified that any
dissemination, distribution, copying or use of this email or its contents is strictly prohibited. If
),f'),
128/14

.

Fwd: Jack's Boathouse Announcement of Award
Lackey, Melissa <melissa.lackey@sol.doi.gov> Thu, Feb 28, 2013 at 4:23 PM
To: Ste'-'9 Whitesell <ste"3_whitesell@nps.gov>, St0"9 LeBel <ste"3_1ebel@nps.gov>, Lisa Mendelson
<lisa_mendelsoniolmlnl@nps.gov>, Tammy Stidham <tammy _,stidham@nps.gov>
FYI re press release
Malissa Lackey
Attorney Adlisor
Mail Stop 5311
Phone: 202 513-0733 Fax: 202 208-3877
This e-mail (including any and all attachments) is intended for the use of the indilidual or entity to which it Is
addressed. It may contain inrormation that is prilileged, confidontial or otherwise protected by applicable law. If
you are not the intended recipient or the employee or agent responsible for deli"'ry of this e-mail to the intended
recipient, you are hereby notified that any dissemination, distribution, copying or use or this e-mail or its contents
is strictly prohibited. If you recei"9d this e-mail in error, please notify the sender immediately and destroy all
copies.
From: Lackoy, Melissa <meliss,tlackey@sol.doi.gov>
Subject: Jack's Announcement of Award
To: Suzanne Waldron __ waklron@nps.(.)Ov>
Sue:
I _discussed your concerns with our AUSA, Wynne Kelly, who agreed to the edits marked on the attached
"9rsion. He also requested that copies of this and any other press releases be sent to him so he could share
them with Biii Miller, the US Attorney's press relations official, in case any press Inquiries are presented to him.
Accordingly, please copy me on the final "9rsion.
Melissa Lackay
Attorney Adlisor
U. S. Department of the Interior, Office of tho Solicitor
l tps ://mail. googlo. com/ m <.ill/bl 152/ ll/ 0/ ?ul &lk. ;:;f 534 768664& v iew=pt&c <.It =J '='Ck ':i:i earch = ...
1/2
ClE/TlllE INTERIOR rwd: Jtick's E;lo:;1tl1ouse Announcement of Awrn'd
Mail Stop 5311
Phone: 202 513-0733 Fax: 202 208-3877
This a-mail (including any and all attachments) is intended for the use of the individual or entity to which it is
you are not the intended recipient or the employee or agent responsible for deli\ery of this e-mail to the intended
is strictly prohibited. If you recei'.<ld this e-mail in error, please notify the sender immediately and destroy all
copies.
Jack's Boathouse 2 28 12 Draft News Release Announce Awardee REVISED with AUSA SOL
J&J edits.docx
38K
l t rs:// m al!, 9Qog le, com/ m<:iill bl 152/ u/O/? ul :i2&!k r.;f $34 76B6G4&v lew=pt ==J cie k's [!\'lat e&s a arch= . .. 212
1100 Ohio Drive, SW
202-619-7222 ph<me

Contact
contract to B&G Outdoor Recreation, Inc .. to provide non-moforized boat rental and storage in Rock
B&G Outdoor Recreation, Inc., also known as Boating in Boston,J1eadquartered in Hopkinton,
Mass., operates six kayak, canoe. pedal boat and rowboat in the Greater Boston
area, including three at Massachusetts state parks. The company's mission is "to provide affordable,
..
safe and fun boating for outdoor enthusiasts of all ages and levels of ability."
"B&G Outdoor Recreation shares our commitment to protectirld park resources and providing great
outdoor experiences," Direbt()r Jarvis said. "We're eager to see
people out paddling this spring."
: :.. ::.: :'
The NPS solicited responses Qualifications (RFQ) issued on January 18,
2013. Responses were accepted through 6, 2013. The current provider of non-motorized
boat rental and storage in Rock Jack's Canoes & Kayaks, LLC. did not respond to the
RFQ. A rilultidisciplinary review panel cbrnposed of NPS staff with expertise in business
management, park operations, and law and policy analyzed the responses.
About the National Park Service. More than 20,000 National Park Service employees care for
America's 398 national parks and work with communities across t11e nation to help preserve local
history and create close-to-home recreational opportunities. Learn more at !1l_"Y"Y,DQS.'.
INTER I OP. Mail - Ri:i: Jack':; Nollco to V.:icmo ond Press Release
. .----...
.
'

'
Re: Jack's Notice to Vacate and Press Release
LeBel, Steve <ste\e __ lebel@nps.gov.> Thu, Feb 28, 2013 at 3:01 PM
To: "Lackey, Melissa" <melissa.lackey@sol.doi.gov.>
Cc: St0\e Whitesell <Ste\e_Whitesell@nps.gov.>, Lisa Mendelson <lis<1_,mend0lson-ielmini@nps.gov.>, Philip
Selleck <Philip_Selleck@nps.gov.>, Jennifer Mummart <jennifor_mummart@nps.gov.>
Thank you, Melissa. We'll mo'1'l forward.
On Thu, Feb 28, 2013 at 3:00 PM, Lackey, Melissa <rnclissa.laci\ey((-1)sol.doi.gov.> wrote:
Ste\e:
Attached are the two documents reflecting the comments/changes from the AUSA's office. Note particularly
the suggested deletion from the press release. Call me if you ha'1'l any questions.
Melissa Lackey
Attorney Ad"1sor
Mall Stop 5311
_ Washington, DC 20240
Phone: 202 513-0733 Fax: 202 208-3877
This e-mail (including any and all attachments) is intended for the use of the indi"1dual or entity to which it is
addressed. It may contain information that is pri"11eged, confidential or otherwise protected by applicable law.
If you are not the intended recipient or the employee or agent responsible for deli'1'lry of this e-mail to the
Intended recipient, you are hereby notified that any dissemination, distribution, copying or use of this e-mail or
its contents is strictly prohibited. If you recei'1'Jd this e-mail In error, please notify the sender immediately and
destroy all copies.
Ste'1'J LeBel
Program Manager, Office of Busln0ss Services
National Capital Rogion, National Park Service
Phone: (202) 619-7072
Fax: (202) 619-715'7
The information contained in this mesSa\)O may be protected by attorney-client or other pri"11eg<7. It is intended
for the use or the indi"1duals to whom it is sent. Any pri"11ege is not wai>ed by "1rtue of this ha"1ng been sent by
e-mail. 1r the person this message or any other reader of this message is not a named
l t p:;: I I Ir\ <Ill. com Im 152/u/O/?ui=2&ik =f 534 760664&.v lcw;<.!p\&c r;iJ s Boathou:se&:;i:iarc h= ... 112
/00'1111-/E INTF..RIOP Mull - Ro: J<.Kk's. Notice 10 and Pro:;:; ROI0<.1$0
recipient, any use, dissemination, distribution, or copyin(J of this is prohibited. If you receiw. this
t t ps : I Im al I, goagle. cam/mail/ b/ 152/ u/ 0/ ?ul2 &lk ;;;f :'.>3i\ 7EH1664&v iow=pt &c <It Boathouso&:>o<irct\"". , , 212
lNTEHIOR Mail - Fwd: Orall for f'llnl)l 8n<J TransmlUal
Fwd: Draft for Immediate Final and Transmittal
LeBel, Steve <sto1<2Jcbel@nps.go1P
To: Stew Whitesell <Stew,_Whitesell@nps.golf.>
Cc: Judy Bowman <judy_bowman@nps.gov;>
Cathie is out of the office in training.
If you are OK with this, I'll get it 01<2r to WASO today. Judy's agreed to facilitate this.
Thu, Feb 28, 2013 at 2:55 PM
Both Melissa Lackey and Dob Hecox's (WASO Chief, Concession Contracting, Denw,r) comments tiaw been
incorporated.
Sorry about the formality.
NPF is on another urgent call. I expect to hoar from them once it's complete.
-"--"- Foiwarded message ---
From: LaBal, Sleva <stew,Jobel@nps.golP
Subject: Draft for Immediate Final and Transmittal
To: Cathleen Nelson <c<1thleen __ P .... nelson@nps.go1P
Attached
stow LoBel
OepL1ty Associate Regional Director, Operations and Education
Natiorwl Capital Region, Nation<1I Park Scr\ico
Pt10ne: (202) 619-7072
Fax: (202) 619-7157
Tho information contained in this message may be protected by attorney-client or other prilAlege. It is intended
for the use of the indilAduals to whom it is sont. Any prilAlege is not waiwd by "1rtue of this ha'>ing boon sont by
e-mail. If the person actually recei;ing this message or any other reacler of this message is not a named
recipient, any use, dissemination, distribution, or copying of this communication is prohiliited. If you recoiw this
message in error
1
plcc.lSO contact the
Steve LeBel
Program Manager, Office of Business Ser,ices
Phone: (202) 619"7072
Fax: (20?) 619"7157
The information contained in this message rnay be protected by attorney-client or other prilAlege. It is intended
fer the use of t11e indi'>iduals to whom it is sont. Any pri'>ilege is not wai""d by '>irtue of this ha;ing bean sent by
o"rnuil. If the pet's on rocei'>ing this message or any other reacler of this mess;:ige is not <I named
tt ps: I Im al!. google. com I malJ/b/ 152/ u/ 01 ?ui"=2&1k 534 '/6a6!3tl &v lew=pt&cal 80<.1\ IWU5'! &fl ... 11?.
ID,ED'ff.1THE !NTI:.RIOH Mall" FW(l: Draft for lmm0dlmo r-ln<.11 ::ind
recipitmt, any use, dissemination, distribL1tion, or copying of this communication is prohibited. If you receiw this
messago in error, pleas8 contm:t tho sender.
lhl.'i 2.26.13 DRAFT Rational Basis TC-ROCR004-12.docx
20K
l tps: // m i:ill. 9oog\a, com/ m allfbf 152/ ,,,?;&ik =f 534 760664& v lowl'J =Jack s Bou I hous.c&s ..
DATE
Memorandum
To: AD, Business Services
Through: Acting Chief, Commercial Services Program
Subject: Rational Basis for Selection of Operator for TC-ROCR004-12 RFQ
On February 12, 2013, a panel convened to review the responses to the Request For
Qualifications (RFQ) for TC-ROCR004-12, a non-motorized boat rental and storage temporary
concession contract operating in Rock Creek Park at 3500 K St, NW Washington, DC 20007,
advertised in FedBizOps on January 17, 2013
The National Park Service received responses from Active Nature, B&G Outdoor Recreation
(B&G), Bohemian Brands, Guest Services, Inc. (GSI), Paddleboard Orlando, and Potomac
Paddlesports.
The panel was comprised of National Park Service subject matter experts in Harpers Ferry
NHP, Buffalo National River, Blue Ridge Parkway, Manassas NBP, National Capital Parks -
East, lntermountain Region (IMR), and the Washington Office (WASO) of the National Park
Service in Washington, DC.
The subject areas were Business Organization, Financial Capability, Experience, Personnel,
Personal Property, Mobilization, Negative Operating History, Natural Resource Management
and Interpretation.
The panel worked independently within each subject area and reached a conclusion that either
of two of the companies responded to the RFO could effectively provide the services. Those
two companies are GSI and B&G.
We concur with the panel's analysis and recommend B&G as the temporary concessioner.
GSI, under concession contract CC-NACC003-86, operates 5 of the 7 water based NPS
recreation facilities within Washington, D.C. Only Buzzard Point Marina is operated by another
company.
If GSI were awarded TC-ROCR004-12, the span of their contracts situates GSI in a near
monopoly. If Buzzard Point Marina were to cease operating, GSI would hold a monopoly on
water based recreation facilities on National Park Service administered property within the city.
Because the panel determined both GSI and B&G could effectively provide the services, to
avoid the near monopoly described above, we recommend the award of TC-ROCR004-12 to
B&G.
l::>t\lPAfrfMENT OF THE INTERIOR Mall" He: Documents

'
Re: Documents
LeBel, Steve <ste,.,_lebel@nps.gov> Thu. Feb 28, 2013 at 2: 13 PM
To: Ste"'3 Whitesell <ste"'3_whitesell@nps.gov>
Trying to contact them as I write this. Will continue until resol"'3d.
On Thu, Feb 28, 2013 at 2:02 PM, Ste"'3 Whitesell <c\tove .. whitesell@nps.gov> wrote:
Can I assume that NPF is OK with signing.
On Feb 2.8, 2013, at 1 :57 PM, "LeBel. Ste"'3" <stow Jobol@nps.gov> wrote:
I spoke with Susan Newton, NPF this morning re: status of our actions. Sent her a copy of the
draft vacate notice for comment. Ad"1sed my understanding was AUSA was representing NPF,
as well. Her tone was vastly different from our first call to discuss our initial vacate notice. This
was a short conwrsation.
I spoke at length with B&G. Ad"1sed this was an Informal con"'3rsation.
Ad"1sed en"1ronment was currently hostile.
Ad"1sed of lawsuit. Ad"1sed possibility contract could be declared ;oid by court.
Ad"1sed Simkin's attorney threatened to sue temporary concessioner.
Ad"1sed Possible delays In start date, but planning on April 8 for contracting existing
rackholders.
Mike Aghahanian, B&G President, and a former MMne "'3t in radio communications,
networking, and military intelligence, stated he had been following the same sources we have
since December and was well aware of all of the issues. I am con\.1nced he was, gi""n his in-
depth knowledge of the situation. He had also consulted his attorney.
Discussed transition issues, including worse case scenario.
Mike planned to contact Simkin separate from NPS to explore Slmkin's interest in selling
personal property. Characterized as "if Simkin is reasonable."
Expressed concern with dock availability, but has an interim plan so could start renting.
Expressed concern with Simkin vacating ad"'3rsely. Advised Mike NPS will address any
ad"'3rse actions by Simkin ..
He remained committed if selected for the temp contract.
Advised difference between NPS and state le"'31 commercial visitor services programs.
Ad;ised visibility and sensitivity of current issues and NCR in general, as a Region.
Mike had drafted transition plan, including public outreach. He identifies his role only as
go,.,rnment contractor. not in'l'.l1"'3d in differences between NPS and Simkin.
He has drafted employment plan. He has identified a manager.
Ad;ised next stop would be formal notice, then contract negotiations. Advised nature of contract
negotiations.
Closing questions were "on the ground" operational and logistic in nature. Answered se1,1Jral,
then advised contract negotiations would ser.e as a better 1,1Jnue for operational questions
On Thu, Feb 28, 2013 at 12:57 PM, Stew Whitesell <stow whitosoll@nps.goV> wrote:
lied up, so please send notes
t lps : // m 1)11, goo!;Jla. com/ m Eli!/ ti/ 15'2./lJ/O/? u!;:2&ik =f 534 768664&v &ci:;u =Jack's ho us = ... 114
128/14 l)l;::PARTMENT OF THE Mall 11.e: Documents
On Feb 28, 2013, at 12:57 PM, Ste"' LeBel <stove .. lebel@nps.goV> wrote:
If you're avail .. I can brief you. I'"' spoken to NPF and B&G.
On Feb 28, 2013, at 12:54 PM, Ste\ Whitesell <sto\13 whitesell@np<J.(JOV>
wrote:
Please make sure that you get NPF to agree to tho language
ASAP
On Feb 28, 2013, at 12:25 PM, "LeBel, Sto\13"
<stcvoJobol@nps.goV> wrotG:
I asked that of her last week and her response was
yes, they do.
On Thu, Feb 28, 2013 at 11:48 AM, Ste\ Whitesell
<stew_whitesell@nps.90V> wrote:
Ste"'
Please ask Melissa et al about whether NPF
needs to co"sign tho letter to Simkin.
On Feb 28, 2013, at 10:52 AM, "LeBel, Ste"'"
<s te,,., _lebel@nps .(lOV> wrote:
Sorry, had a moment of non"
connecti>,;ty.
On Thu, Feb 28, 2013 at 10:33 AM,
Ste-.e Whitesell
<ste,,.,_whitesell(@nps.fJOV> wrote:
Stew
They didn't come late yesterday.
Do ha'.<l and can you fmward
to me?
Ste"' LeBel
Deputy Associate Regional Director,
Operations and Education
Program Manager, Office of
Business Services
National Capital Region, National
Park Service
Phone: (202) 6197072
Fax: (202) 6197157
ttps :/ f rn au. ooog le, com/ rn allfb/ 152! uf0f?ul=2&1k $34 '168664 &v iew=pl &cat =J acl< 's r:lcat l1ouse a.search= ... 2/4
128/14 DflPArrrMENT OF THE INTERIOH M;.111 - r{e:
Steve LeBel
The information contained in this
message may be protected by
attorney-client or othor pri\11ege. It
is intended for the use of the
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prilAlege is not wai\ed by IArtuc of
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contact the sender,
<2.27. 13 DRAFT Simkin Vacate
Notice.docx>
<2.27.13 Draft News Release
Announce Awardee.docx>
Stew LcBel
Dopuly Associate Regional Director, Operations and
Education
f>rogram Mana(ler, Ofrice of Business SerlAces
N<>tioniil Capital Region, National Park Ser\1ce
Phone: (202) 619-7072
Fax: (202) 6W.7157
Tho information contained in this message may be
protected by attorney-client or othor pri\11ege. It is
intended for the use of the indi\1duals to whom it is
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halAng been sent by e-mail. If the person actually
receilAng this message or nny other reader of this
rnessage is not a narnerJ recipient, any use,
dissemination, distribution, or copying of this
cornrnunication is prohibitod. If you receive this
message in orror, please contact the sender.
PhonG: (202) 619-'7072
Fax: (202) 619-7157
Ups: I Im al.I, google. com/ ni <ii II bl 15'2./u/0/? =f 534 768564 &v lowcpt S.cat =Jack$ S.!'1 i;1arch== . ..
1;'.:6/14 DE;PAHTME!N'l' OF THE; INTE;RlOR Mr.ill f ~ o Oor.a,1ments
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other reactor of t11is message is not a named recipient. any use, dissornination, distribution, or
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the sender.
Ste\119 LeBel
Pronrmn Manager, Office of Business Services
Phone: (202) 619-7072
Fax: (202) 619-7157
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mess,1ge in error, please contact t11e sender.
l Ip$ : //mall. goo9le. com/mall/bl 1 ti2/ u/Of ?11!;::;2&ik =f 534 768664 & v leW"'pl&c at =Jack'$ GoJt!louse&s earch= . ..
121J/14 Dt!PArrrMENT ()F THE INTERIOR Mail - Ro:

'
Re: Documents
LeBel, Steve <ste>e_lebel@nps.9011> Thu, Feb 28, 2013 at 1 :57 PM
To: Ste-..:. Whitesell <sto...:J_whitesell@nps.goV>
I spoke with Susan Newton, NPF this morning re: of our actions. Sent her a copy of tho draft vacate
notice for comment. Ad\.1sed my understanding was AUSA was representing NPF, as well. Her tone was vastly
different from our first call to discuss our initial Vdcate notice. This was a short con...:Jrsation.
I spoke at length with B&G. Ad\.1sed this was an informal conwrsation.
Ad>,isod en\.1ronment was currently hostile.
Ad>,iseci of lawsuit. Ad>,ised possibility contract could be declared wid by court.
Ad>,ised Sirnkin's attorney threatened to sue temporary concessioner.
Ad\.1sed Possible delays in start date, but planning on April 8 for contracting existing rackholders.
Mike Aghahanian, B&G President, and a former Marine "3t in radio communications, networking, and
military intelligence, stated he had been following tho same sources we haw since December and was well
aware of all of the issues. I am con>,;nced he was, giwn his in.depth knowledge of the situation. He had also
consulted his attorney.
Discussed transition issues, including worse case scenario.
Mike planned to contact Simkin separate from NPS to explore Simkin's interest in selling personal property.
as "if Simkin is reasonable."
Expressed concern with dock availability, but has an interim plan so could start renting,
Expressed concern with Simkin vacating ad"3rsely. Ad>,ised Mike NPS will address any adwrse actions by
Simkin ..
Ad>,ised difference between NPS and state le"31 commercial >,isitor se,,,;ces programs.
Ad\.1sed \.1sibility and sensitivity of current issues and NCR in general, as a Region.
Mike had drafted transition plan, including public outreach. He identifies his role only as go...:Jrnment
contractor, not inwl-.ed In dlITorences between NPS and Simkin.
He has drafted employment plan. He has Identified a manager,
Advised next step would be formal notice, then contract negotiations. Advised nature of contract negotiations.
Closing questions were "on the ground" operational and logistic in nature. Answered se"3ral,
then ad\.1sed contract negotiations would sar"3 as a better "3nue for operational questions
On Thu, Feb 28, 2013 at 12:57 PM, Ste"3 Whitesell <stow. whiteseil@nps.gcV> wrote:
Tied up, so please send notes
On Feb 28, 2013, at 12:57 PM, Ste"3 LeBel <stow )otJellt1Jnps,[JOV> wrote:
If you're avail., I can brief you. l'w spoken to NPF and B&G.
On Feb 28, 2013, at 12:54 PM, Stew Whitesell <st()"3 .. _wl1itesell@nps,9011> wrote:
Please make sure that get NPF to agree to the language ASAP
On Feb 28, 2013, at 12:25 PM, "LeBel, Ste"3" <ste"3_lebel@nps.go11> wrote:
ttps 152/u/O/?ui=2&1K=f 534/60664 &v ii.'lw::;pt&cat=Jack's Bo<.1thou::>e&so<1rch1.1,,,
126114 OEPAR"J'Mf.!Nl OF THE; INTERIOR Mall Ro:
I asked that of her last week and her response was yes, thoy do.
On Thu, Feb 28, 2013 at 11:48 AM, Stew Whitesell
<stow .... Whitesell@nps.\JOv> wrote:
Stew
Pleaso ask Melissa et al about whether NPF noods to co-sign the
letter to Simkin.
On Fob 28, 2013, at 10:52 AM, "LeBel, Stew"
<ste\/(-:1 .901.1> wrote:
Sorry, had a moment of non-connectilhty.
On Thu, Feb 28, 2013 at 10:33 AM, Stew Whitesell
<stow__whitosell@nps.goV> wrote:
Stew
They didn't come late yesterday. Do you have and
can you forward to me?
Stove LeBel
Deputy Associate Regional Director, Operations and
Education
National Capital Region, National Park Sor\ice
Phone: (202) 619-7072
Fax: (202) 619-7157
The information contained in this message may be
protected by attorney-client or other prilhlege. It is
intended for the uso of the indi\hduals to whom it is
sent. Any pri>Alege is not waived by \hrtue of this
ha\1ng been sent by e-mail. If the person actually
recei\1ng this message or any other reader of this
mess<igo is not a named mcipient, any use,
dissemination, distribution, or copying of this
communication is prohibited. If you recei-.a this
<2.27.13 DRAFT Simkin Vacate Notice.docx>
<2.27.13 Draft News Release Announce
Awardee.docx>
tt ps: 11 m <111. com/mall/bl 152/u/O/? ;::f 534 768664& &ct\t r.rJ ac k ':s BoElt ho us o& s aarch= ... 213
120/"14 DEPARTMENT OF THE - Rl:
Steve LeBel
Stowi LeBel
Doputy Associato Regional Director, Operations and Education
Program Mana(Jor, Office of Business Ser\icos
National Capital Region, National Park SoNco
Phone: (202) 619-70"/2
F<ix: (202) 619"7157
The information contained in this messa9e may be protected by
attorney-client or other prilAlege. It is intended for the use of thCJ
indilAdwJls to whom it is sent. Any pri>Alege is not wai1R-d by "1rtu0 or
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message or any other reader or this mess<1no is not a narnod
recipient, any use, dissemination, distribution, or copying of this
communication is prohibited. If you receive this mos sage in orror,
pleaso contact the sender.
National C11pital Region, National Park Ser\ico
Phone: (202) 619-7072
Fax: (202) 619"7157
The information contained in this message may be protected by attorney-client or other prilAlege. It is intended
for the use of the individuals to whom it is sent. Any prilAlege is not waived by IArtue of this halAng been sent by
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recipient, any use, dissemination, distribution, or copy in() of this cornrnunication is prohibited. If you receive this
message in error, ploase contact tho sender.
\ t ps ; If m al!. com/ m ail/b/ 15'!./u/O/? lll "12/j.lk =f 534 760664&.v low;::: pt &cat =J a.ck s aoathouse&soarc h=, , , ::Jf3
DE,PARTME,NT OF Tllm INTE,RIOR Mail - Re: DCC\Jml;'lnls

.
.
Re: Documents
Steve LeBel <ste;t)_lebel@nps.gov> Thu, Feb 28, 2013 <1t 12:57 PM
To: Stew Whitesell <ste,,.,_whitesell@nps.gov>
Cc; Philip Selleck <philip __ selleck@nps.gov>
If you're avail., I can brief you. I've spoken to NPF and B&G.
On Feb 28, 2013, at 12:54 PM, Steve Whitesell <8l()W .... whitesell(@np>J.gov> wrote:
Please make sum that you get NPF to agree to the language ASAP
On Feb 28, 2013, at 12:25 PM, "LeBel, Ste\<E>" <sto'R-.. lebol1@nps.(JOv> wrote:
I asked that of her last week and her response was yes, they do.
On Thu, Feb 28, 2013 at 11:48 AM, Steve Whitesell <slew_._whitesoll@nps.gov>
wrote:
Steve
Please ask Melissa et al about whether NPF needs to co-sign the letter to Simkin.
On Feb 28, 2013, at 10:52 AM, "LeBel. Ste"'" <ste"3..Jebel@nps.[1ov> wrote:
Sorry, had a moment of non-connecti.,,;ty.
On Thu, Feb 28, 2013 at 10:33 AM, Ste,,., Whitesell
<stew_whitesell@nps.gov> wrote:
Ste"'
They didn't corne late yesterday. Do you have and can you
forward to me?
Steve LeBel
Program Manager, Office of Business Ser.,,;cos
National Capital Region, National Park ser.,,;ce
Phone: (202) 619-7072
Fax: (202) 619-7157
The information contained in this message may bo protected by
attorney-client or other pri.,,;iego. It is intended for the use of tho
indi.,,;duals to whom it is sent. Any pri.,,;iege Is not wai"9d by .,,;rtue of
t tp:s: I Im all. J C O ~ J l e com/mail/ b/ 152/ u/O/?Ul'.l'l7,&lk ;::f 53"1768864&v IOW"PI &cat =Jack's BO<lt house&!? earc h= ... 112
126114 OF THE INTERIOR Mall"
this ha"1ng been sent by 0-mail. If the person actually recei>ing this
message or any other reader of this message is not a named
recipient, any use, dissemination, dlstribL1tion, or copying of this
communication is prohibited. If you receive this message in error,
please contact the sender.
<2.27.13 Draft News Release Announce Awardoe.docx>
Steve LeBel
Deputy Associ<Jto Regional Director, Operations omJ Educ<ition
Prooram Manager, omce or Business Services
National Capital Region, National Pmk Service
Phone: (202) 61f)-7072
F 'lX: (202) 619-'7'157
The infommtion contained in this messago may be protectecl by attomey-cliont or
pri\Olege is not waived by virtue of this having been sent by e,mail. If the person
actually recei"1ng this message or :my other reader of this message is not a narned
prol1ibited. If you rocoive this message in error. pleMo contact the sander.
l lf)tl: // m al\, o;ioogla. com/ m al II bl 1 !:i2/ i=2&ik =f 534 7G0664&v lew=pt&cal =J <1C k's Boathouse&s care , , 2/2
128/14 OF TH/:; INTERIOR "He:

'
'

Re: Documents
Margaret O'Dell <peggLo'dell@nps.gov;>
To: Ste..., Whitesell <ste"3_whitesell@nps.gov;>
Cc: Jonathan Jar..is <jonjar..is@nps.goy;.
Thu, Feb 28, 2013 at 12:45 PM
Thanks. We are also haling Sue Waldron run It by DOI they asked to see it before it goes out.
Sent from my iPhone
On Feb 28, 2013, at 11 :47 AM, Ste-.e Whitesell <stc'Al whilosell@nps.gov;> wrote:
Jon and Peggy
Attached please find drafts of the press release announcing the selection of B&G Outdoors as the
water sports concessioner and the letter to Paul Simkin notifying of his need to vacate by April 7
(we felt giling him more than the required 30 days looks better optically). These drafts are going to
Melissa Lackey in the Solicitors Office who will coordinate re"1ew and approval with the Assistant
US Attorney representing us in the lawsuit. One of the issues they need to answer is whether NPF
needs to sign lhe letter to Simkin.
Please share any questions, issues and concerns.
Ste-.e
From: "LeBel, Ste'A'J" <tl!CWJ _ _lebel@nps.gov>
Date: February 28, 2013, 10:52:46 AM EST
To: Ste-.e Whitesell <stevo .... whitesell@nps.gov;>
Subject: Re: Documents
Sorry, had a moment of non"connecti"1ty.
On Thu, Feb 28, 2013 at 10:33 AM, Ste-.eWhitesell<skll'il .... whitesell@nps.gov>
wrote:
Ste'A'l
They didn't come late yesterday. Do you ha'A'l and can you forward to ma?
Ste-.e LeBel
Program Manager, Office of Business Ser..ices
ttps: // m le, com/ mal!I b/ 152/u/O/ ?ul=2&1k iif 534 i'66664 l].v lew=pt&cat =J <:ic k ':!I t3o(lt ei;irc h= ... 112
126/'14 UEPARTMENT f ~ lHE INTF..RIOR Mail - Ro: DaCllmonts
Phone: (202) 619-7072
Fax: (202) 619-7157
Tho Information contained in this message may be protected by attorney-client or
privilege is not wai'.lld by virtue of this having been sent by e-mail. If the person
actually receiving this message or any other reader of this message is not a named
prohibited. If you recei"" this message in error, please contact the sender.
<2.27.13 Draft News Release Announce Awardee.docx>
212
12{!/14 Of..PAR,TMENT OF THE INTERIOR M<ll!.

.

Re: Documents
Le Bel, Steve <sto'-'3,_lebel@nps.gow- Thu, Feb 28, 2013 at 12:25 i
0
M
To: Ste'-'3 Wl1ltesell <stew_whitesell@nps.gow-
1 asked that of her last week and her response was yes, they do.
On Thu, Fob 28, 2013 at 11 :48 AM, Ste"3 Whitesell <\elfi3 __ whitesell@nps.gow wrote:
Ste'.<l
Please ask Melissa et al about whothor NPF needs to co-sign tho lotter to Simkin.
On Feb 28, 2013, at 10:52 AM, "LeBel, Stew" <sl0"1')_1ebel@nps.gow- wrote:
Sorry, had a moment of non-connectMty.
On Thu, Feb 28, 2013 at 10:33 AM, Stew Whitesell wroto:
Stew
They didn't come late yesterday. Do you haw and can you forward to me?
Stew LeBel
Phone: (202) 619-7072
Fax: (202) 619-7157
The Information contained in this message may be protected by attorney-client or other pri'-ilege.
It is intended for the use of the indi'-iduals to whom it is sent. Any pri'-ilege is not waiwd by
;irtue of this ha'-ing been sent by e-mail. If the person actually recei'-ing this message or any
other reader of this message Is not a named recipient, any use, dissemination, distribL1tion, or
copying of this communication is prohibited. If you receiw this message in error, please contact
the sondor.
<2.27.13 Draft News Release Announce Awardee.docx>
Ste'.<l LeBel
Deputy Associate Director, Operations and Education
l I ps: I I rn all. com Imai I/bl 152! u/Ol'tul=2&1k :if 534 '/66664 &v law=pt&cat =J <.lC k '$ Bo<it aarch= ... 112
126/14 DEPARTMENT Of: 'l'HH INTE:RIOR Mail - Ro:
Program Manager, Office of Sm\icos
National Capital Region, National Park Sor\ico
Phone: (202) 619-7072
Fax: (202) 619-715'7
The information contained in this message may bo protected by attorney-client or other pri\ile9e. It is intended
for the use of the incli\iduals to whom it is sent. Any pri\ilege is not waiwd by \irtue of this ha\ing been sent by
e-mail. If the pe1son actually recei<ing this message or any other reader of this mess<1ge is not a named
recipient, any diss0rninalion, distribution, or copyin>J of this is prohibited. If you receiw this
rnessage in error, plcns0 contact the
t I ps: //mall. CQrn/ mall/bl 1 52/ u/O/?ui=2&1k ::r 534 /6 6664 fl,. v lew=pl&cut =Jack s Oo<lt Gare h= ..
?./')
!2Wl114- 1-W'.i: 12.20.-13 Notice, 12.27.13 Dr<.,rt 12 ...

511
Fwd: 12.20.13 Vacate Notice, 12.27.13 Draft Vacate Notice, 12.27.13 News
Release
Le Bel, Steve <stew_lebel@nps.gov> 1hu, Feb 28, 2013 at 11: 15 AM
To: Steve Whitesell <Stew_Whitesell@nps.gov>, Jennifer Mummart <jennifer_mummart@nps.gov>
Status pending AUSA review.
From: Lackey, Melissa <meiissa.iackey@sol.doi.gov>
Date: Thu, Feb 28, 2013 at 10:48 AM
Subject: Re: 12.20.13 Vacate Notice, 12.27.13 Draft Vacate Notice, 12.27.13 News Release
To: "LoBel.Stew"<stew.Jebei@nps.fj(Jv>
Stc'-'9:
Attached below are my mark-ups and the clean wrsions I sent on the the AUSA for re\.1ew.
Melissa Lackey
Attorney Advisor
Mail Stop 5311
Phone: 202 513-0733 Fax: 202 208-3877
This e-mail (including any and all attachments) is intended for tho use of the individual or 0ntity to which it is
you are not the intended recipient or the employee or agent responsible for dell'&ry of this e-mail to the intended
is strictly prohibited. II you recelwd this e-mail in error, pl0ase notify the sender Immediately and destroy all
copies.
From: LoBel, Steve <stcw ..)obol@nps,rJov>
Dat0: Wed, Feb 27, 2013 at 5:08 PM
Subject: 12.20.13 Vacate Notice, 12.27.13 Draft Vacate Notice, 12.27.13 News Release
To: Melissa Lackey <Melissa.Lack0y1.@sol.doi.gov>
For your and the US Attorney's review.
t tps: //mail. C(lm/ mall/bl 152/ uf0/ 'lul::2&1k 534 768GGI\.& v lgw=pt&c <.\\ ==J <ic k '$ h::: ...
Fwd: 12.20.13 V<:Jcato Notice, 12.;;:1, 13 Oraft V.!lcate Notlco, 12 . .. ,
We now plan 4.7.13 as the date.
The original 12.20.13 vacate notice you requested is attached as well.
Steve LeBel
Program Manager, Office of Business Serlices
National Capital Region, National Park Serlice
Phone: (202) 619"7072
Fax: (202) G1>l7157
The information contained in this message may be protected by attorney"client or other prililago. It is intended
for the use of the indi-.iduals to whorn it is sent. Any prililege is not waived by lirtue of this hal.ing been sent by
tHm1il. If the person actually rocoi'.ing this message or any other reader of this rnossage is not a named
recipient, ny use, dissemination, distribution, or copying of this communication is prohibited. If you receive this
rness<IQG in error, please contact the sender.
Steve LeBel
Program Mrn11190r, Office of Business Ser'.ices
National Capital National Park Serlice
Phone: (202) 6'19-7072
Fax: (202) 619"7157
1110 information contained in lhis message may be protected by attorney-client or other privilege. It is intended
for the llSe of the indil.iduals to whom it is sent. Any privilege is not wai'&CI by virtue of this h11'.ing been sent by
e-mail. If the person actually receivinl) this message or any other reader of this mess11g0 is not a named
recipient, any use, dissemination, distribution, or copyin(J of this communication is prohibited. If you receive this
7 attachments
tJ 12.20.12 Simkin Vacate Notice.pdf
75K
i!,il_J 2.27.13 Draft News Release Announce Awardee.docx
53K
ii[] 2.27.13 DRAFT Simkin Vacate Notice.docx
26K
i!,il_J 2.27.13 Draft News Release Announce Awardee ML edits.docx
49K
i!,il_J 2.27.13 Draft Simkin Vacate Notice CLEAN.docx
18K
2.27.13 DRAFT Simkin Vacate Notice ML edits.docx

c..I 28K
t@.'.I 2.28.13 Draft News Release Announce Awardee CLEAN.docx
38K
ttps://mall.googla.comfmaillbl 152/u/O/?u!;::;;?.&lk;::f 534 768664&v &cat;:;J:_:ick's Baathous-0&sci:1rch.,,,, 212
!N Ri;!l'l,V TO:
Puul Simkin, Managing Membei
3500 K Street, N.W.
Dear Mr. Simkin:
Capttnl Region
11uu Ohio
Wnshington, D.C. 20242
DEC 1 8 2012
As you are awal'e, the property upon which Jack's Canoes & Knyi1ks, LLC conducts business became a
part of Rock Creek Park when the District of Columbia tl'ansferred jurisdiction over ce11ain propel1Y
along the Georgetown Watediont to the National Park Service. This 1984 transfer included the
October I, 1973, month-to-month lease (as amended in 1982) for the 1iropcrty popularly known as Jack's
Boat I-louse, located at 3500 K Street, N.W., Washington, D.C. 20007, and said lease was assigned to the
National Park Foundation.
This letter serves as notice to Jack's Canoes & Kayaks, LLC, to tenninate its occupancy ofthe
lensed premises. Please vacate the property on or before 11 :59 p.m. on January 31, 2013, and remove all
personal property from the premises. The National Park Service uuderstands that Jack's Canoes &
Kayaks, LLC has contracts with third pmties for the stornge of privately-owned canoes and/or kayaks on
the premises, Please notify all contract holders to remove their property on or before 11 :59 p.m. on
January 31, 2013, as well, and assist them with access to the premises for that purpose. Any personal
property remaining on the premises after that dote may be considered abandoned, and the National Pork
Service expressly refuses to assume any liability for the prope11y of third parties left at the premises.
Notwithstanding the foregoing, the National Park Service would appreciate receiving contact information
for any p1Y that may not have removed its boat as of 11:59 p.m. on Junuary 31, 2013.
In consideration for your anticipated cooperation in this matter, as detailed in the rovision directly above
the signature block for .lack's Canoes & Kayaks, LLC on page 2 of this letter (the "Conditions"), effective
upon receipt from you on or before December 31, 2012, of an executed copy of th enclosed counterpm1
original of this letter, tho National Purk Service und National Park Foundation will agree to waive the
usual monthly rental for the month of January 2013. This waiver of monthly rental is contingent upon the
Conditions being rnct. Failure to meet the Conditions will trigger an automatic revocation of the waiver.
Please direct any questions to Steve Le Bel, Deputy Associate Regional Director, Operations and
:d cation M (202) 619-7072. Thank you for your attention to this important. matter.
l,Afui
Whitesell
Enclosure
cc:
CONCUR:
National l'aik Foundation, as the Successor Lessor under the October 1, 1973, lease (as amended in 1982)
By: M't 1 "kd 711AdkUt1uf
Name (Print):
Title: j/ IM Pt.ti M.vrtf1101\)
Date: 12.. I
In exchang<> for waiver of the implied rent for the month ofJanumy 2013, Jack's Canoes & Kayaks, LLC
agrees (i) to vacate the premises on or boforc 11 :59 p.m. on January 31, 2013, removing all its personal
property and leaving the premises free of debris; (ii) to notify all its q1stomers who store non-motorized
boats on the premises, on or before December 31, 2012, to remove their personal property by 11 :59 p.m.
on Janumy JI, 201 J, and to provide a copy of such notices and customer contact information to the
National Pal'k Service by December 31, 2012; and (iii) to turn over to the National Park Service on
Februaiy l, 2013, n list of cunent contact information, including names, addresses and, if known,
telephone numbers, for any of its customers who have not removed their non"motorized boats from the
prnm ises by January 3 I, 2013.
Jack's Cnnoes & Kayaks, LLC
By:
U.S. Department of tho Interior
1100 Ohio Drive, SW
202-619-7222 phone
WV:J..IJ!. ....Q.P.('t9.P.Y.
Contact:
WASHINGTON - The National Park Service (NPS) today awardiid a two-year temporary concession
contract to B&G Outdoor Recreation, Inc., to provide non-mbtorized boat rentaland storage in Rock
: '.' ''.' ::
,; : ' ,; :
B&G Outdoor Recreation, also known as Boating in Boston,'. headquartered in Hopkinton, Mass.,
operates six kayak, canoe, pedal boat and rowboat rental locations in the Greater Boston area,
including at three Massachusetts state parks. Jhe company's mission is "to provide affordable, safe
and fun boating for outdoor enthusiasts of all-age$ and levels of ability,"
"B&G Outdoor Recreation share.s our commitment to park resources and providing great
outdoor experiences," Nationai'P;ark Service Director Jonathan El. Jarvis said. "We're eager to see
people out paddling thl!i spring."
The NPS solicited response$ through a RequesUor Qualifications (RFQ) issued on January 1 B,
2013. Responses were acceptedthrough February 6, 2013. A multidisciplinary review panel
composed of NPS staff with expertise i[J business management, park operations, and law and policy
"
analyzed the responses based. on criteria specified under the provisions of the 1998 Concessions
Management Improvement Act .Guidelines used to evaluate responses can be found on line at
'!:ft/W.nps.gov/conimernjalservibes.
,:' ;
Jack's Canoes & Kayaks,LLC, did not respond to the RFQ, and in accordance with the terms of its
month-to-month lease, it has been notified that it must vacate the premises no later than [DATE].
About the National Park Setvice. More than 20,000 National Park Setvice employees care for
America's 398 national parks and work with communities across the nation to help preserve local
history and create close-to-home recreational opportunities. Learn more at
DATE
3500 K Street, N.W.
Washington, D.C 20007
Dear Mr. Simkin:
On January 18, 2013 we advised you the National Park Service woL1ld release a Request for
used a nationwide interdisciplinary team in order to evaluate all responses in a fair and consistent
manner. We are now prepared to award a temporary concession contract to B&G Outdoor Recreation.
was awarded, provided YOLll' occupancy met with National Park Service standards with for health, safety,
and responsible stewardship of the natural environment.
leased premises. Please vacate the property on or before 11 ;59 PM on April 7, 2013, and remove all
your personal property from the premises. Any of your persoMI property remaining on the premises after
April 7, 2013 will be considered abandoned, and the National Park Service expressly refuses to assume
any liability for your property left at the premises.
We understand that Jack's Canoes & Kayaks, LLC has contracts with third parties for the storage
of privately-owned canoes and/or kayaks on the premises. Please provide us with contact information tor
these individuals in order that we might arrange for a smooth transition from your operations to B&G
Outdoor Recreation.
Please direct any questions to Steve Le Bel, Deputy Associate Regional Director, National Capital
Region, at (202) 619-7072. Thank you for yoLir attention to this important matter.
Sincerely,
Lisa Mendelson .. lelmini
Philip Selleck
CONCUR:
By:_.
~
Name (Print):_,. ________ _
Title:------------
Date: _____
In exchange for waiver of the implied rent for the month of Mmch, 2013, Jack's Canoes & Kayaks, LLC
agrees (i) to vacate the premises on or before 11 :59 PM on April 15, 2013, removing all its personal
property and leaving the premises free of debris; (ii) to notify all its customers who store non,motorized
boats on the premises, on or before April 15, 2013, to remove their personal property by 11: 59 PM on
April 15. 2013, and to provide a copy of such notices and customer contact information to the National
Park Service by April 'l(i, 2013; and (iii) to turn over to the National Park Service on April 15, 2013, a list
of current contact information, including names, addresses and, if known, telephone numbers, for any of
its customers who have not removed their non-motorized boats from the premises by April 15, 2013.
By: _______
Name: Paul Simkin
U.S. Oopartment of the Interior
1100 Ohio Dtive, SW
Wasl1ington, DC 20242
202-619 .. 7222 phone
ww.w. nps ._g_g_y
Contact:
' .
contract to B&G Outdoor Recreation, Inc .. to provide non-mb\orized boat rental and storage in Rock
B&G Outdoor Recreation, Inc., also known as Boating
0
inBdston,,he'adquartered in Hopkinton,
Mass., operates six kayak, canoe, pedal boat and rowboat in the Greater Boston
area, including three at Massachusetts state parks. The company's mission is "to provide affordable,
safe and fun boating for outdoor enthusiasts of ail ages and levels ofability."
' '
"B&G Outdoor Recreation shares our commitment to protecting park resources and providing great
outdoor experiences," National
0
Park Service Director Jonathan El. Jarvis said. "We're eager to see
The NPS solicited responses through a Requestfor Qualifications (RFQ) issued on January 1 B,
2013. were accepted through Februa'ry 6, 2013. A multidisciplinary review panel
composed of NPS staff with expertise in business management, park operations, and law and policy
analyzed the .responses.
The current provider of non-motorized boat rental and storage in Rock Creek Park, Jack's Canoes &
Kayaks, LLC, did not. respond to the RFQ. It occupies the property in question under claim to an
implied month-to-month lease and has been notified that it must vacate the premises no later than
[DATE]. Jack's Canoes & Kayaks, LLC filed a complaint and a motion for a temporary restraining
order with the United States District Court for the District of Columbia seeking to remain at its
location. The National Park Service intends to defend the case vigorously.
-NPS-
About the National Park Service. More than 20,000 National Park Service employees care for
America's 398 national parks and work with communities across the nation to /1e/p preserve local
history and create close-to-home recreational opportunities. Learn more at .WW.l:'!nps.qov.
YOUR AMERICA .
The National Park Service cares for special places saved by the American people so that all may experience our heritage.
DATE
3500 K Street, N.W.
Dear Mr Simkin:
On January 18, 2013 we advised you the National Park Service would release a Request for
Qualifications (RFO) for non-motorized boat rental and storage services at or near the present location of
Jack's Boathouse. Responses were due February 6, 2013, and we note yoll chose not to apply. We
manner. We are now prepared to award a temporary concession contract to B&G Outdoor Recreation,
Inc.
premises on or before 11 :59 PM on Aprill, 2013, and to remove all your personal property from the
premises. Any of your personal property remaining on the premises after April 7, 2013 will be considered
abandoned, and the National Park Service expressly refuses to assume any liability for your property left
at the premises. We believe this notice to vacate is in keeping with the Court's Minute Order of Febrnary
19, 2013 in the Jaclt's Canoes & Kayaks, LLC v. NationDI Park Se1Y/ce, el. al. case, as the National Park
Service is not proposing to take any action against Jack's Canoes & Kayaks, LLC until after March 31,
2013.
be a smooth transition with respect to stored boats. Accordingly, we request that Jack's Canoes &
Kayaks, LLC either (i) notify all its C\1stomers who store non-motorized boats on the premises, on April 1,
2013, to remove their personal property by 11:59 PM on April 7, 2013, and provide a copy of such notices
and customer contact information to the National Park Service by April 7, 2013; or (ii) turn over to the
National Park Service on April '1, 2013, a list of current contact information, including names, addresses
and, if known, telephone numbers and email addresses, for any of its customers who have not removed
their non-motorized boats from the premises by April 7, 2013.
Sincerely,
CONCUR:
Successor Lessor
By: __________ _
Name (Print): ________ _
Title:----------'
Date: ___________ ,
Philip Selleck
DATE
Mr Paul Simkin, Managing Member
3500 K Street, N.W.
Washington, P.C. 20007
Dear Mr. Simkin:
On January 1 B, 2013 we advised you the National Park Service would release a Request for
manner. We are now prepared to award a temporary concession contract to B&G Outdoor Recreation,
Inc.
premises on or before 11:59 PM on April 7, 2013, and to remove all your personal property from the
premises. Any of your personal property remaining on the premises after April 7, 2013 will be considered
abandoned, and the National Park Service expressly refuses to assume any liability for your property left
at the premises We believe this notice to vacate is in keeping with the Court's Minute Order of February
19, 2013 in the Jack's Canoes & Kayaks, I.LC v. National Park Service, et. al. case, as the National Park
Service is not proposing to take any action against Jack's Canoes & Kayaks, LLC until after March 31,
2013.
be a smooth transition with respect to stored boats. Accordingly, we request that Jack's Canoes &
Kayaks, LLC either (i) notify all its customers who store non-motorized boats on the premises, on April 1,
2013, to remove their personal property by 11:59 PM on April 7, 2013, and provide a copy of such notices
and customer contact information to the National Park Service by April 1, 2013; or (ii) turn over to the
National Park Service on April 7, 2013, a list of current contact information, inclliding names, addresses
and, if known, telephone numbers and email addresses, for any of its customers who have not removed
their non-motorized boats from the premises by April 'f, 2013.
Region, at (202) 619"7072. Thank you for your attention to this important matter.
Sincerely,
bee: Steve LeBel, NCR"OBS
Philip Selleck
CONCUR:
Successor Lessor
By: ___________ _
Name (Print): _________ _
Title:------------
Date: ___________ _
Office of Communicfltions
1100 Ohio Drive. SW
202-619-7222 phone
....119.Y
Contact:
contract to B&G Outdoor Recreation, Inc., to provide non,motorlzed boat rentaland storage in Rock
B&G Outdoor Recreation, Inc .. also known as Boating in Boston, headquartered in Hopkinton,
Mass., operates six kayak. canoe, pedal boat and rowboat in the Greater Boston
area. including three at Massachusetts state.parks. The mission is "to provide affordable.
safe and fun boating for outdoor enthusiasts of all ages and levels ofability."
"B&G Outdoor Recreation shares our commitment to protecting park resources and providing great
outdoor experiences," National Park Service Director Jonathan B. Jarvis said. "We're eager to see
The NPS solicited responses through aRequestfor Qualifications (RFQ) issued on January 18.
2013. Responses were accepted through February 6, 2013. A multidisciplinary review panel
composed of NPS staff with expertise in .business management, park operations, and law and policy
analyzed the. responses.
The current provider of non-motorized boat rental and storage in Rock Creek Park, Jack's Canoes &
Kayaks, LLC, did not respond to the RFQ. It occupies the property in question under claim to an
implied month-to-month lease and has been notified that it must vacate the premises no later than
[DATE]. Jack's Canoes & Kayaks, LLC filed a complaint and a motion for a temporary restraining
order with the United States District Court for the District of Columbia seeking to remain at its
location. The National Park Service intends to defend the case vigorously.
-NPS-
About the National Park Se1vice. More than 20,000 National Park Service employees care for
America's 398 national parks and work with communities across t11e nation to help preserve local
history and create close-to-home recreational opportunities. Learn more at www. nps...Q.QJ!..
EXPERIENCE YOUR AMERICA'"
The National Park Service cares for special places saved by the American people so that all may experience our heritage.
128/14

'
.
'
Re: Revised Boat Rental Award news release
Waldron, Suunne <sue __ waldron@nps.gov> Wed, Fob 27, 2013 at 11:44 AM
To: "Mummart, Jennifer" <jennifer_mummart@nps.gov>
Cc: Ste"' Whitesell <Ste\e_Whitesell@nps.gov>, Jennifer Anzelmo-Sarles <jenny_anzelmo-sarles@nps,gov>,
Mauroon Foster <Maureen __ Foster@nps.gov>, Peggy O'Dell <Peggy,_O'Dell@nps.gov>
All: this came up this morning and Jon and Peggy are o.nboard with a Friday announcement.
Told her that I would let you know that and see where the "package" of materials (this release and
letter to Mr. Simkin, anything else?) is and get it to them to look at.
Jon ga\e doi a heads up so they are asking as well.
Know that the lawyers me re<iewing, any idea when the rest of the stuff might be available?
There is a crush of sequestration stuff between now and friday so if its at all possible to get tt1ings O\er here
today, that would be much appreciated by them, I'm sure.
Thanks,
On Wed, Feb 27, 2013 at 8:58 AM, Mummart, Jennifer <jonnifor.,,rr1ummart@nps.gov> wrote:
Attached is a draft news release, which contains information specific to the new concessioner.
Jennifer Mummart
(202) 619-7174
www.nps.gov

The National Park Ser<ice cares for special places sa\ed by the American people so that all may experience
our heritage,
Sue Waldron
(202) 208-3046
ll ps :// mal I. com/mall/ b/ 152/ u/O/ ?ui=2&iK =f 53416 6664&.v iaw=pt &.cat =J k s Boi:1t ho us e&searc h= ... 1/2
ll'a:J"m!THE Mall - Ro: Ruviscci f.loa.t Rontal Award news releai:;o
'The N21tional Park SerAce cares for special places sa"d by the American people so th<it flll may experience o"r
heritage.
l Ip::; :// m JI\, 9oog lg. com/ m <.111/b/ 1 S;2/t,1/ O/?u 1=2&1k r.1f 768664& v 8acat =J ac K '$ Ooal house&::; ocirc h , , 21'2.
l;l0/"14 DEPARTME!N'r' ()F THE 1NTER!OR Mi:1ll. VACATE NOTICE

' .
VACATE NOTICE
LeBel, Stove <ste...,Jebel@nps.goV>
To: Ste\19 Whitesell <Ste...,_Whitesell@nps.goV>
Attached, in track changes.
Stc\IJ LeBel
Deputy Associate Regional Director, Operations nnd Education
f
0
rograrn Manager, Office of Business Scr\ices
National Capital Region, N<>tional Pmk Ser\ice
Phone: (202) 619"7072
F01x: (202) 619-7157
Wed, Feb 27, 2013 at 10:11 AM
The information contained in this message may be protected by attorney-client or other pri\ilege. It is intended
for the use of the indi\iduals to whom it is sont. Any pri\ilega is not wai"'3d by \irtue of this ha\ing been sent by
e-mail. If the person actually recei\ing this message or any other reador of this message is not a named
recipient, any uso, dissemination, distribution, or copying of this communication is prohibited. If you recei"" this
ti.!!) 2.22.13 DRAFT Simkin vacate notice.docx
24K
t t ps :/I r'rl cill. 1 0 0 9 l a com/mail/bl 152/ \J/0/ ?u i=2&1k ::r 534 76 6664& v lew=pt&c <.)l =!J oOIG k's Boa.I housci &s ar.irch = ... 111
DATE
3500 K Street, N.W.
Dear Mr. Simkin:
This follows our January 18, 2013 correspondence advising you the National Park Service would
release a Request for Qualifications (RFQ) for non-motorized boat rental and storage services at or near
the present location of Jack's Boathouse. The responses were due February 6, 2013. We have now
completed our evalLlation of all responses to the RFQ in a fair and consistent manner. We note Jack's
Canoes & Kayaks, LLC did not respond to the RFQ.
was awarded, provided that your occupancy met with National Park Service standards with for health,
safety, and responsible stewardship of the natural environment. We are now prepared to award a
leased premises. Please vacate the property on or before 11 :59 PM on April 1 b, 2013, and remove all
personal property from the premises. Any personal property remaining on the premises after that date
may be considered abandoned, and the National Park Service expressly refuses to assume any liability
for the property of third parties left at the premises.
Notwithstanding the foregoing, the National Park Service would appreciate receiving contact
information for any party that may not have removed its boat as of 11 :59 PM on April 15, 2013.
Sincerely,
Tara Morrison, Superintendent. Rock Creek Park
Philip Selleck
CONCUR:
By:
-------------
Name (Print): ________ _
Tille:------------
Date: __ _
In exchange for waiver of the implied rent for the month of March, 2013, Jack's Canoes & Kayaks, LLC
agrees (i) to vacate the premises on or before 11 :59 PM on April 15, 2013, removing all its personal
property and leaving the premises free of debris; (ii) to notify all its customers who store non"motorized
boats on the premises, on or before April 15, 2013, to remove their personal property by 11 :59 PM on
April 15, 2013, and to provide a copy of such notices and customer contact information to the National
Park Service by April 15, 2013; and (iii) to turn over to the National Park Service on April 15, 2013, a list
of current contact information, including names, addresses and, if known, telephone numbers, for any of
its customers who have not removed their non"motorized boats from the premises by April 1 s, 2013.
By: ___ ,
Name: Paul Simkin
MENT OF THE Mf.111" Hovls("Jd Boat Renl<:1I Award new.> rnlf.!f.IS0

.

.
Revised Boat Rental Award news release
Mummart, Jennifer <jennifer_murmnart@nps.gov.> Wed, Feb 27, 2013 at 8:58 AM
To: Ste\R. Whitesell <StelR._.,Whitesell@nps.gov.>, Suzanne Waldron <Sue_Waldron@nps.gov.>
Cc: Jennifer Anzelrno-Sarles <jenny_anzelmo-sarlcs@nps.gov.>
Attached is a draft nows release, which contains information specific to the new concessioner.
Jennifer Murnrnart
(202) 619-7174
www.nps.gov
The National Park Ser\ice cares for special places salR.d by the American people so that all may experience our
heritage.
2013 02 27 News Release Contract Awarded.docx
"'
1
53K
11ps:11 mall. googl8. com/ m a!l/b/ 152/ u/01 &lk ;:;f 534 76866i1&v ==J <.K k's Som ho us e&s earc h= ...
"'
1100 Ohio Drive, SW
202 .. 619 .. 7222 phono
w_ww.
Contact:
WASHINGTON - The National Park Service (NPS) today a two-year temporary concession
contract to B&G Outdoor Recreation, Inc .. to provide non-motorized boat rental.and storage in Rock
B&G Outdoor Recreation, also known as Boating in BostlJn,' headqJartered in Hopkinton, Mass ..
operates six kayak, canoe. pedal boat and rowboat rental locations in the Greater Boston area,
including at three Massachusetts state parks. The company's mission is "to provide affordable, safe
..
and fun boating for outdoor enthusiasts of all ages and levels of abilify."
"B&G Outdoor Recreation shares our commitment to :protedtirlg )park resources and providing great
outdoor experiences," National ParkService DirectC>r Jonathan'B. Jarvis said. "We're eager to see
people out paddling this spring,"
Ttle NPS solicited responses through a Requestfor Qualifications (RFQ) issued on January 18,
2013. Responses were accepted through Febru'ary 6, 2013. A multidisciplinary review panel
composed of NPS staff With business management, park operations. and law and policy
analyzed the responses based. on criteria specified under the provisions of the 1998 Concessions
Management Improvement AtLGuidelines used to evaluate responses can be found on line at
www.nps.gqv/commercialservices.
Jack's Canoes & Kayaks; LLC, did not respond to the RFQ, and in accordance with the terms of its
month.to-month lease. It has been notified that it must vacate the premises no later than [DATE].
America's 398 national parks and work with communities across the nation to help preserve focal
history and create close-to-home recreational opporlunities. Learn more at ww_tt,,tms.gov.

.
.

Jack's Boathouse LLC Implied Lease Payments to NPF
LeBel, Stove <ste'.e_lebel@nps.gov.>
To: Melissa Lackey <Melissa.Lackey@sol.doi.gov.>
Bee: Ste""1_Wl1itesell@nps.gov
NPF last recei'.ed and deposited payment from Jack's Boathouse on 2.5.13.
Tue. Feb 26, 2013 at 3:25 PM
NPF ad\ises, contrary to Camp's statement, NPF received and deposited implied lease checks from August
2012"January 2013.
In 2008, some payments were missed. Since then, payments ha"' been regular.
NPF will ad'-'se NPS once April's payment is recei'.ed and hold pending direction from NPS.
Ste"' LeBcl
D e p ~ t y Associate Regional Director. Operations and Education
National Capital Region, National Park SerAce
Phone: (202) 619-7072
Fax: (202) 619-7157
The information contained in this message may bo protected by attorney"client or other prhilege. It is intended
for the use of the indivit1Lmls to whom it is sant. Any privileg0 is not wai'.ed by virtcie of this having been sent by
e-mail. If the person 11ctually recei\ing this message or any other reader of this message is not a named
recipient, any use, dissemination, distribution, or copying of this communication is prohillited. If you receive this
t tps : // m ai!. googl0. coni I m<ill/ bl 1 $2/ u/0/?1,1i =2&ik =( 534 76 06 64 lliv lew=pl &cat =Jack's flo:::ithous0&:> omc tp1, , , HI
128f'l4 QF THE.: INTl;.RIOR Mail - RI;: Jr.1ck':; Boc11hoL15C
RE: Jack's Boathouse
Neil Mulholland <neil@nationalparks.org> Mon, Feb 25, 2013 at 12: 19 PM
To: "Whitesell, Ste"'3" <stew_whitesell@nps.gov>
Steve,
Thank you for the email. I have been in touch with DOJ 11ttorneys and they are working on getting
authorization to represent NPF, Until then our legal counsel, Steptoe and Johnson (in coordination with
DOJ) has been representing the Foundation on this matter. In addition to a couple of days of my time on
this matter and the legal fees we have incurred to date we have taken some hits in the press (as has
NPS). Does NPS have a press strategy moving forward?
Please advise,
Neil Mulholland
President and CEO
1201 Eye Street NW, SL1ite 550B
202.354.6464 direct
303.916.1910 cell
The Olfltlol Charity of America's National Prko
www.natlonalprks.org
bef'or<::.> printing this
from: Whitesell, Steve [mailto:stevewhitesell@lnps.gov]
ttps ://m<lil,google. comf mDllfb/ ti34 /68664 &v lew=pt&c<:it=Jack':; Boalhouso&soi;irch;;;,,, 112
121J/14 OF THE INTERIOR Mall - RE: Jl)ck'!! fjoathouso
Sent: Monday, February 25, 2013 10:51 AM
To: Neil Mulholland
Subjed: Jack's Boathouse
Neil
I know that our lawyers ha\e been in con\ersation as followup to your recent email regarding legal representation.
I just wanted to close the loop with yoL1 to make sure this l1as gone satisfactorily. As well, just a heads up to let
you know that I haWJ a meeting this afternoon with Jon at which I will recommend a new operator and path
forward. I'll let you know how that goes.
Ste"'
212
c:::. THE INTERIOR Mall 2,25. l,,aB(-)1 Notes re: RFQ P<.'u\ol

.

'
2.25.13 LeBel Notes re: RFQ Panel
LeBel, Steve <ste-.e_lebel@nps.goV> Mon. Feb 25, 2013 at 10:21 AM
To: SteW> Whitesell <Ste"'3 __ Whitesoll@nps.goV>, Lis(1 Mendelson <lisa_mendelson-iolmini@nps.goV>, Philip Selleck
<Philip_Selleck@nps.goV>, Tara Morrison <Tara_Morrlson@nps.goV>, Jennifer Mummart
<jennifer_mummart@nps.goV>
Confidential
Attached
Ste'1' LeBel
Deputy Associate Regiornil Director, Operations and
Program Manager, Office of Business Serlices
Phone: (202) 619-7072
Fax: (202) 61()-715?
The information contained in this message may be protectocl IJy attorney-client or other privilege. It is intended
for the use of the indi\iduals to whom it is sent. Any pri\ilege is not wai"'3d by virtue of this having been sent by
e-mail. If the person actually receiving this message or any other reader of this mess8ge is not a named
recipient, any use, dissemination, distribution, or copying of this communication is prohitiitod. If you recei"" this
2.25.13 Le Bel Notes re RFQ Panel.pdf
v 405K
1/1
(b) (5)
(b) (5)
(b) (5)
(b) (6)
(b) (6)
(b) (6)
(b) (6)
the upper lot. As it stands now the trailer is causing a public safety issue, encroaching on our
rights as a business by having to deal with the cars attelnpting to park in our lot und is an illegal
billboard, It is massive and ugly. It takes up at least 10 paces where spaces urea premium.
I would appreciate your immediate attention t<> this matter.
Best Regards,
Mark Reges, Esq.
Mmk Reges, Esq.
Reges Law Firm, P.C.
Courtesy Title & Escrow, Corp.
1041 l Motor City Dr., Suite 750
llothcsda, Muiyland 208 l 7
Bus: 301.948.0139
Cell: 301.370.2263
Fax: 301. 926.3163
Licensed: Md/DC/Va/Pa
'f:!.!!'W CO!!@!iY!il.!J:,Qrl
''1H!l'I ( 'ourlt.ous, Profl.n1sio1111l untf Relit1blt.1 lit/ti .\'ervir._t.' lfl'cryti11u
1
!
DISCLAIMER: This email message contains co11tidentiaI information intended solely for the
addressee. Please do not read, copy, or disseminate it unless you are the addre><ee. If you have
received it in error, please forward the message back to us and delete it from your
server/computer. Your cooperation is apprecintcd. This email and all otlw electronic (including
voice) communications from the sender's firm are for informational purposes only. No such
con:ununication is intended by the sender to Constitute either an electronic recDrd or an electronic
siHnature, or to co1i"itute nny agreement by the sender to conduct a transaction by electronic
means. Any such intention or agreement is hereby expressly disclaimed unless otherwise
specifically indicated.
Instruction Purchase " Kayak Kayaking Paddling Paddle Instruction Lessons Schools Clu ... Page I of 1
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motlor,1111 Wiil lni;lude
k11y11k,
A(ldltlQn11I Qetir l(I l;tlng: 'l'litti ni:iw IOrl(I 11ylon
TnAl":T!l.'iN, biJI] tlll(I l rl;':(l ll1;1ht
on a string \\l yc,oi,ir
YQu'll ;,lsi:t Uke:
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1;;:5 tn $!i00
l'llR!1
.,4!,.'.00

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.. lrtCIYdlng r\i(I, i1!%d ii pij

1
lllA!I
I hl'IV41 ll gin (:l;!dll fGr tllls lt<im. Mt!!! I
I WQUld llk6 W PYf(hlHG Qty \
lnVQlved nnd :dnV hd'ormed with 011r Nciwa,tittiafl
AbO\.lt : Cont/l(;I; tJ(I : )Ob 0Dt:!nlng:-;
((.I 2llll9 l'otOrl\aC P-lddlCG[JQr\1';
http://www.potomacpaddlcsports.com/canoe-kayak-rafting-trips/guidcd-moonlight-tours.a ... 8/19/2009
Ol:PARTME.NT OF THE INTERIOR Mall. Potomac Paddlosports
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-
Potomac Paddlesports
Baltrus, Alyssa <alyssa_baltrus@nps.gov>
To: SteW> LeBel <steW>_lebel@nps.gov>
Thu, Feb 21, 2013 at 5:46 PM
Hey StelA3-
You asked me about my oxperience with Potomac Paddlesports ... hopefully this will help ...
I was the super1'sory parl< ranger@ C&O Canal NHP Mar 2007-April 2012. I ran the interpretiW> operations from
Georgetown to Monocacy.
I met him a few times, although I don't think he eW>r really knew who I was until perhaps my last few months
there. He was anon griping about the go'Alrnment and how our relations impeded him from doing his business.
His business is first and foremost to him. That said, he is extremely Intelligent and a good problem solW>r and I
saw a little maturity In how he dealt with the parl< se,..,;ce In the last few months of my time there. I would still be
concerned of allowing him to work within a par1< without a lot of owrsight and to ask him to put resource issues
ahead of profit.
The biggest Issue I remember was the trailer that was repeatedly parl<ed and Jeft for months on end at the
Anglers Parking area, an extremely busy and limited area. It really Impeded traffic flow, access, and accessibility
for our emergency response teams. The company was asked to mow the trailer a couple of times, but the owner,
Sunny, knew that legally, since it was not on NPS land, it could not be enforced.nie landowners (I think Army
Corps) were not enforcing the area at all at the time. The Wlhicle seemed to be parked there, at least in part, for
commercial adwrtislng.
Later. as the Anglers par1<ing plan started taking effect, which created a better flow and more designated parl<ing,
Potomac Paddlesports attempted to get a permit to lea1.e the trailer In the Great Falls, MD lot and nm classes
out of Great Falls. I think that permit was denied by the park because it was seen in part as commercial
ad'A'Jrtlslng and although folks were welcome to launch from Great Falls Into the riwr, It Is not the best place to
teach a class in the canal not with the canal boat running and the mules walking that section of the towpath.
Also, at one point we were told he was adwrtising for kayak tnps In the e'A'Jning, which was not In the scope of
his permit. Our permit person, Leigh Zahm, apparently asked him to either stop with the non-permitted e'A'Jning
acti-.itles or to put In an additional permit (cost $300). The par1< ne'A'Jr heard back from him, but I am pretty sure
the adW>rtisements continued.
In 2010(ish), when we (CHOH and GWMP) started the \Olunteer kayak patrol, we started small, with kayakers we
had met at various meetings and functions. As we were looking to start the training, we asked them who else
should be in\OIW>d. None of the ten kayakers wanted Potomac Paddlesports or Sunny in\Ol'Ald. They said that
they felt he exploited the sport, that he was not a good representatlW> of the community, and that they did not
trust his judgement. Thankfully Sunny newr asked to get in\Ol\Od, so it was not an Issue.
In 2011, 2012, we started regular Angle(s area meetings. Sunny was ln\Olwd and kinda pushed himself into
more of a leadership position than it seemed like most of the kayakers (who we were now regularly working with)
wanted. Compared to my dealings with him in tha past, he was much more professional and had some good
ideas and feedback. Unfortunately, I Ian shortly after these got started and I really don't remamber specifics ...
Brian Canstrom might ha'Al more info on them.
https ://mall .n oog I o.com'rral l/u/O/?ui 2&1 ": f9191 pt&search= I obo>&lh 130f .. f <lb3ae9691 1/2
'llnl13 DEPARTMENT OF THE INTERIOR M!lll PoJomac PaddleapOrlO
Hope this helps,
Aly
Aly Baltrus
Chitf of Interpretation and Vi&.itor
Zion National P1irk
435" 772-0'160

i.JJ.{J.('UJ INTERIOR M;:11! - J<.ICK's & K8y8ks, LLC v' Nf'.lS, OL .

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.

.
Lackey, Melissa <melissa.lackey@sol.doi.goV> Wed, Feb 20, 2013 at 2:38 PM
To: Ste"' Whitesell <ste,.,_whitesell@nps.goV>, Lisa Mendelson <lisa_mendelson-ielmini@nps.goV>, Peter May
<peter_may@nps.goV>, Stew LeBel <ste,.,_lebcl@nps.goV>, Robert Eaton <robert.eaton@sol.doi.gov.>
The AUSA on this case informed me that he would likely not be able to dell\\'lr a draft brief for re\.iew until March
7, the day before it is due to be filed. Accordingly, I ask you to set aside some time on your calendars for that
date to read the brief and let me know if you haw any comments. Thank you.
Melissa Lackey
Attorney Ad\.isor
Mail Stop 5311
Phone: 202 513-0733 Fax: 202 208-3877
This e-mail (including any and all attachments) is intended for the use of the indi\.idual or entity to which it is
addressed. It may contain information that is pri\.ileged, confidential or otherwise protected by applicable law. If
is strictly prohibited. If you recei"'d tt1is e-mail in error, please notify the sender immediately and destroy all
copies.
111
l:Milt4 r{o: J<1cl<'!:1 Csno:;1es & Kr1yr1k:;, LLC V, N<1tlon<1I Park Servl8c, ot. <ll .

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Re: Jack's Canoes & Kayaks, LLC V. National Park Service, et. al.
Eaton, Robert <robort.oaton@sol.doi.goV> Wed, Feb 20, 2013 at 12:13 PM
To: Ste"" Whitesell <ste"3_whitesell@nps.goV>
Cc: "Lackey, Melissa" <melissa.lackey@sol.doi.gov>, Martha Williams <martha.williams@sol.dol.gov>, Barry Roth
<barry.roth@sol.doi.gov>, Lisa Mcmdelson <lisa .. mendelson-ielminl@nps.gov>, Ste...,LeBol<ste"3_1ebel@nps.gov>
Ste\13,
If the NPS issues an e\oiction notice to Mr. Simkin before the jurJge has ruled in the case, then I recommend that
you include in the notice a statement that reads something like the following: "Jack's Canoes & Kayaks, LLC has
flied an action against the National Park Ser\.ice, the National Park Foundation, and the District of Columbia in
the United States District Court for the District of Columbia, Case No. 1: 13-cv.00130 (D.D.C.), That case is still
pending. If the court issues an order before March 31, 2013, that grants Jack's Canoes & Kayaks, LLC additional
time to use or occupy the premises or that is otherwise inconsistent with this notice, then the NPS will modify
this notice to conform to the court's order."
Rob
Di\oision of Parks and Wildlife
MS 5312
1849 c Street, NW
Telephone: (202) 208-7957
Telefax: (202) 208-3877
This email is intended solely for the use of the indi\oidual or entity to which it is addressed. It may contain
information that is pri\oileged, confidential. or otherwise protected by applicable law. If you are not the intended
recipient or an employee or agent responsible for the deli'.<lry of this email to the intended recipient, you are
hereby notified that dissemination, distribution, copying, or use of this email is strictly prohibited. If you recei"3d
On Wed, Feb 20, 2013 at 11 :54 AM, Ste'-'3 Whitesell <steve ___whitesell@nps.goV> wrote:
Thanks. We won't Issue until a selection has been made.
On Feb 20, 2013, at 11 :53 AM, "Lackey, Melissa" <melissa.lackey@sol.doi.gov> wrote:
Yes, Issuing a notice of lease termination now, not to be effecti'-'3 until April 1, should be fine.
Melissa Lackey
Attorney Ad\oisor
I/mall. goog!e. com/mall/ b/ 1 fi2/u/0/?u 1==2&1k =I 534 7(! 0664&v law=pj &cal =Jack'$ Oor.1t ('1&!1 earc h:: ... 1/3
l:Miil4 Hu: Jack's &. LLC V. National Purk Sf.:lrvlc(J, (JL <1!.
Mail Stop 5311
Phone: 202 5130733 Fax: 202 208-3877
This e-mail (including any and all attachments) is intended for the use of the individual or entity to
which It is addressed. It may contain information that is privileged, confidential or otherwise
responsible for deli\ery of this e-mail to the intended recipient, you are hereby notified that any
dissemination, distribution, copying or use of this 0-mail or its contents is strictly prohibited. If
you received this e.mail in error, please notify the sender immediately and destroy all copies.
On Wod, Fob 20, 2013 at 11:32 AM, Steve Whitesell <stow_ .. whitesell@nps.9ov> wrote:
Melissa
We anticipate selecting a recommended concessionaire by this Friday. We know Jack's did
not apply so won't be the recommendGo. We will likely recommend eviction of Jack's ASAP.
Does the agreement allow us to issue to eviction so that Jack is fully remo\led by April 17
On Feb 20, 2013, at 11 :21 AM, "Lackey, Melissa" <melissa.lackey@sol.doi.gov> wrote:
The plaintiff filed a Motion for a Temporary Restraining Order on Friday and a
telephonic scheduling conference took place with Judge Kollar-Kotelly at 4:30
yesterday. Our AUSA, Wynne Kelly, callod during that conference to ask if th0
NPS would agree that the earliest "e>,;ction date" would be March 31, so as to
allow time for briefing on tho merits. Rob and I together tried to telephone four
people at the region, but no one answered their phones (it was after 5: 15).
Accordingly, I consented on behalf of the Service.
I note that the Service had rescinded its original "eviction" notice and its
subsequent January 18, 2013 letter to the plaintiff merely advised It that the
Service would notify it aftor award of a temporary contract to provide for an
orderly transition (giving no time frame). As the Lease in question (and thus any
implied-in-fact lease arising from it) is for a month-to-month term, tho plaintiff
would likely be entitled to 30 days' notice of termination, which would mean
eviction could not occur until March 21 at the earliest anyway.
A Minute Order entered at the conclusion of the sct1eduling conference requires
that the NPS not "take any action against Plaintiff until after March 31, 2013." It
also calls for the NPS to file its responsive brief by March 8, and the plaintiff to
file Its roply brief by March 15, No hearing date has been set. Also, although it Is
not indicated in the written Order, our AUSA said the Judge indicated a
willingness to hear dispositi\le arguments on dismissal at the same time she
considers the TRO. If the case is not dismissed before then, the NPS" answor
will be due on April 16.
On a related matter, the AUSA spoke to the CEO of National Park Foundation,
then to its counsel, Tom Barbee (sp?), who both indicated that the Attornoy
General had represented the Foundation in the past. The AUSA will arrange for
joint representation, as it foresees no conflict in this case.
213
11&14 Rf.:l: J<.1CK's CJnOO$ & K!lyaks, LLC V. N<.lllOn<.11 Pmk Service, et. al.
Finally, the AUSA spoke with counsel for the District of Columbia, who agreed to
take the lead in briefing the responso to the re'.<lrsion of transfer of jurisdiction
allegations.
Melissa Lackey
Attorney Ad>,isor
U. S. Department of the Interior, Office of th0 Solicitor
Mail Stop 5311
Phone: 202 513-0733 Fax: 202 208-3877
This e-mail (including any and all attachments) is intended for the use of the
indi>,idual or entity to which it is addressed. It may contain information that is
pri>,;ieged, confidential or otherwise protected by applicable law. If you are not
the intended recipient or the employee or agent responsible for deli1,1;ry of this e-
mail to the intended recipient, you are hereby notified that any dissemination,
distribution, copying or use of this e-mail or its contents is strictly prohibited. If
you receil.<ld this e-mail in error, please notify the sender immediately and
destroy all copies.
ttps://mall.goowo, 534 /66664&v iew=pt&c.:1t=J.:1cK's Ooathouse&search= ... 313
Jack's Canoes & Kayak:>, LLC V, Park S!lrvico, ot,.,

.

.
Fwd: Jack's Canoes & Kayaks, LLC V. National Park Service, et. al.
Margaret O'Dell <peggy_o'dell@nps.gov.> Wed, Feb 20, 2013 at 11;56 AM
To: Ste"3 Whitesell <Ste...,_Whitesell@nps.gov.>, Lisa Mendelson-lelmini <Lisa,_Mendelson-lelmini@nps.gov.>
Didn't see you copied. Sorry If you already haw this.
Sent from my iPhone
From: "Eaton, Robert
11

Dato: February 20, 2013, 11:31:37 AM EST
To: "Margaret O'Dell" <peg9y_o'dell@nps.nov>, Maureen Foster <maureen_foster@nps.gov.>, Tara
Morrison <tarn _ _rnorrison@nps .9ov>
Subject: Fwd: Jack's Canoes & Kayaks, LLC V. National Park Service, ot. al.
FYI.
MS 5312
1849 C Street, NW
Telephone: (202) 208-7957
Telefax: (202) 208-3877
This email is intended solely for the use of the individual or entity to which it is addressed. It may
contain information that is privileged, confidential, or otherwise protected by applicable law. If you
are not the intended recipient or an employee or agont responsible for the deli1.ery of this email to
the intended recipient, you are hereby notified that dissemination, distribution, copying, or use of
this email is strictly prohibited. If you recei1.ed this email in error, please notify the sender
---------Forwarded message ---
Date: Wed, Feb 20, 2013 at 11:21 AM
Subject: Jack's Canoes & Kayaks, LLC V. National Park Service, et. al.
To: Martha Williams <martha.willimns@sol.doi.gov.>, Barry Roth <b<irry.roth@Bol.doi.gov.>, Robert
Eaton <robert.enton@sol.dol.gov.>, Ste"" Whitesell <stew_whitesoll@nps.gov.>, Lisa Mendelson
<lisa .... mendelson-iolrnini@nps.gov.>, Sto"3 Le Bel <s tel...Jebol@nps.gov.>
The plaintiff filed a Motion for a Temporary Restraining Order on Friday and a telephonic scheduling
Ups: I Im Elil. googlo. com/ m bl 15'2/u/0/?u 1=2&ik =f 534 "/606fl4 & v li;iw=pl&c at =Jack's Bout house&.slarc h = ... 112
12(1f14
conference took place with Judge Kollar-Kotelly at 4:30 yesterday. Our AUSA, Wynne Kelly, called
during that conference to ask if the NPS would agree that the earliest "e-.iction date" woL1ld be
March 31, so as to allow time for briefing on the merits. Rob and I together tried to telephone four
people at the region, but no ono answered their phones (it was after 5:15). Accordingly, I consented
on behalf of the Ser-.ice.
I note that the Ser-.ice had rescinded its original "e-.iction" notice and its subsequent JanL1ary 18,
2013 letter to the plaintiff merely ad-.ised it that the Sor-.ice would notify it after award of a
temporary contract to pro-.ide for an orderly transition (giving no time frame). As the Lease in
question (and thus any implied-in-fact lease arising from it) is for a month-to-month term, the
plaintiff would likely be entitled to 30 days' notice of termination, which would mean eviction could
not occur until March 21 at tho earliest anyway.
A Minute Order entered at the conclusion of the scheduling conference requires that the NPS not
"take any action against Plaintiff until after March 31, 2013." It also calls for the NPS to file its
responsiw brief by March 8, and the plaintiff to file its reply brief by March 15. No hearing date has
been set. Also, although it is not indicated in the written Order, our AUSA said the Judge indicated
a willingness to hear dispositi;Q arguments on dismissal at the same time she considers the TRO.
If the case is not dismissed before then, the NPS" answer will be due on April 16.
On a related matter, the AUSA spoke to the CEO of National Park Foundation, then to its counsel,
Tom Barbee (sp?), who both indicated that the Attorney Genmal had represented the Foundation in
the past. Tho /\USA will arrange for joint representation, as it foresees no conflict in this case.
Finally, the AUSA spoke with counsel for the District of Columbia, who agreed to take the lead in
briefing the response to the rewrsion of transfer of jurisdiction allegations.
Melissa Lackey
Attorney Ad-.isor
U. S. Department of the lntmior. Office of the Solicitor
1849 C S tree! NW, Room 5323
Mail Stop 5311
Phone: 202 513-0733 Fax: 202 208-3877
This e-mail (including any and all attachments) is intended for the use of the individual or entity to
which it is addressed. It may contain Information that is privileged, confidential or otherwise
protected by applicable law. If you are not the intended recipient or tho employee or agent
responsible for daliwry of this e-mail to the intended recipient, you are hereby notified that any
dissemination, distribution, copying or use of this e-mail or its contents Is strictly prohibited. If you
recolwd this e-mail in error, please notify the sender immediately and destroy all copies.
II ps: ff m8i I. goog lo. com I ffi(li lfhf 152f uf0f?ui=2&1K =f 5341686643.v iew=pl&c al =J 1:.'ll'.: k's t'.lotil llous e &s G8rch= ... 2/l
/:Mill/I- Re: Jilck's Ci:mooG & K<1y<1k!.;, LLC V, Park Slrvico, ot. <.11.

'
Re: Jack's Canoes & Kayaks, LLC V. National Park Service, et al.
Lackey, Melissa <melissa.lackey@sol.doi.gov:> Wed, Feb 20, 2013 at 11 :53 AM
To: Stew Whitesell <stew_,wt1itosoll@nps.gov:>
Cc: Martha Williams <martha.williams@sol.doi.gov:>, Barry Roth <barry.roth@sol.cioi.gov:>, Robert Eaton
<robert.eaton@sol.doi.gov:>, Lisa Mendolson <lisa_mendelson-ielmini@nps.gov:>, Ste""' LoBcl
<ste"'3_lebel@nps.gov:>
Yes, issuing a notice of lease termination now, not to be effoctiw until April 1, should be nne.
Melissa Lackey
Attorney Advisor
Mail Stop 5311
W ashlngton, DC 20240
Phone: 202 513-0733 Fax: 202 208-3877
This e-mail (including any and all attachments) is intended for the use of the Individual or entity to which it is
addressed. It may contain information that Is pri\.ileged, confidential or otheiwise protected by applicable law. If
recipient. you are hereby notified that any dissemination, distribution, copying or use of this e-mail or its contents
copies.
On Wed, Feb 20, 2013 at 11:32 AM, Sto-..:iWhitesell<steve ____whitcsell@nps.gov:> wrote:
Melissa
We anticipate selecting a recommended concessionaire by this Friday. We know Jack's did not apply so
won't be the recommendeo. We will likely recomm0nd eviction of Jack's ASAP. Does the agreement allow us
to issue to e\.iction so that Jack is fully remo>l'Jd by April 1?
On Feb 20, 2013, at 11:21 AM, "Lackey, Melissa" <rnelisss.lackey@sol.doi.gov:> wrote:
The plaintiff filed a Motion for a Temporary Restraining Order on Friday and a telephonic
scheduling conference took place with Judge Kollar-Kotelly at 4:'.lO yesterday. Our AUSA,
Wynne Kelly, called during that conference to ask if the NPS would agree that the earliest
"e\.iction date" would be March 31, so as to allow time for briefing on the merits. Rob and I
together tried to telephone four people at the region, but no one answered their phones (it was
after 5:15). Accordingly, I consented on behalf of the Ser\.ice.
I note that the Service had rescinded its original "e\.iction" notice and its subsequent January 18,
t tp::;.: // m <11!. le. corn Im ai!I b/ 152! u/O/ ?ui=2&1k 534 "168664 &v iew=pl&c at =Jack'::;. llou!;': a&s earc h= ... 112
/;W14- Re: Jack's Cano0$ & K<iy::1ks, l,t.C V. National P<.ll'K $(Jrvlce, i;1t. al.
2013 letter to the plaintiff merely ad'-ised it that the Ser.ice would notify it after award of a
temporary contract to pro'-ide for an orderly transition (gi'-ing no time frame). As the Lease in
question (and thus any implied-infuct lease arising from It) is for a month-to-month term, the
plaintiff would likely be entitled to 30 days' notice of termination, which would mean e'-iction could
not occur until March 21 at the earliest anyway.
A Minute Order entered at the conclusion of the scheduling conference requiros that the NPS not
"take any action against Plaintiff until after March 31, 2013." It also calls for the NPS to file its
responsi"3 brief by March 8, and the plaintiff to file its reply brief by March 15. No hearing date
has been set. Also, although it is not indicated in the written Order, our AUSA said the Judge
indicated a willingness to hear dispositi>.e arguments on dismissal at the same tirne she
considers the TRO. If the case is not dismissed before then, the NPS" answer will be duo on
April 16.
On a related matter, the AUSA spoke to the CEO of National Park Foundation, then to its
counsel, Torn Barbee (sp?), who both indicated that the Attorney General had represented the
Foundation in the past. Ttle AUSA will arrange for joint representation, as it foresees no conflict
in this case.
Finally, the AUSA spoke with counsel for the District of Columbia, who agreed to take the lead in
briefing the response to the re>.ersion of transfer of jurisdiction allegations.
Melissa Lackey
Attorney Ad'-isor
Mail Stop 5311
Phone: 202 513-0733 Fax: 202 208"3877
This e-mail (including any and all attachments) is intended for the use of the indi'-idual or entity to
which it is addressed. It may contain information that is pri'-ileged, confidential or otheiwise
rnsponsible for deliwry of this e-mail to the intended recipient, you are hereby notified that any
you recolwd this e-mail in error, please notify the sender immediately and destroy all copies.
tips; I Im ail. o o g l ~ com/ m .:ii!/ bl 152f u!OI ?ui=2&ik =r 534 /6 f.1664& v if)w=pl&c al =J .:1c k's Boathouse&:; o<il'Ct\::!, , , 212

.

.
Jack's Canoes & Kayaks, LLC V. National Park Service, et. al.
Lackey, Melissa <melissa.lackey@sol.doi.gov> Wed. Feb 20, 2013 at 11 :21 AM
To: Martha Williams <martha.williams@sol.doi.gov>. Barry Roth <barry.roth@sol.doi.gov>, Robert Eaton
<robert.0aton@sol.doi.gov>, Ste'9 Whitesell <ste'9_whitesell@nps.gov>. Lisa Mendelson <llsa_mendelson-
lclmlni@nps.gov>, Ste"" LoBel <stew_lebel@nps.gov>
The plaintiff filed a Motion for a Temporary Restraining Order on Friday and a telephonic scheduling conference
took place with Jl1dge Kollar-Kotelly at 4:30 yesterday. Our AUSA. Wynne Kelly, called during that conference to
ask if the NPS would agree that the earliest "o\iction date" would be March 31. so as to allow time for briefing on
the merits. Rob and I together tried to telephone four people at the region. but no one answered their phones (it
was after 5: 15). Accordingly, I consented on behalf of the Ser\<ice.
I note that the Ser\<ice had rescinded its original "e;iction" notice and its Sl1bsequent January 18. 2013 letter to
the plaintiff merely ad;ised it that the Ser\<ice would notify it after award of a temporary contract to pro;ide for an
orderly transition (gi\ing no time frame). As the Lease in question (and thus any implied-in-fact lease arising from
it) is for a month-to-month term, the plaintiff would likely be entitled to 30 days' notice of termination. which would
mean e;iction could not occur until March 21 at tho earliest anyway.
A Minute Order entered at the conclusion of the scheduling conference requires that the NPS not "take any
action against Plaintiff until after March 31. 2013." It also calls for the NPS to file its responsiw brief by March 8,
and the plaintiff to file Its reply brief by March 15. No hearing date has been set. Also, although it is not indicated
in the written Order, our AUSA said the Judge Indicated a willingness to hear dispositi"" arguments on dismissal
at the same time she considers the TRO. If the case is not dismissed before then, the NPS" answer will be duo
on April 16.
On a related matter. the AUSA spoke to the CEO of National Park Foundation, then to Its counsel. Tom Barbee
(sp?). who both indicated that the Attorney General had represented the Foundation in the past. The AUSA will
arrange for joint representation. as it foresees no conmct in this case.
Finally. the AUSA spoke with counsel for the District of Columbia. who agreed to take the lead in briefing the
response to the re'9rsion of transfer of jurisdiction allegations.
Melissa Lackey
Attorney Ad;isor
1849 C Str00t NW. Room 5323
Mall Stop 5311
Phone: 202 513-0733 Fax: 202 208-3877
This e-mail (including any and all attachments) is intended for the use of the lndi\idual or entity to which It is
addressed. It may contain information that is pri>ileged. confidential or otherwise protected by applicable law. If
you are not the Intended recipient or the employee or agent responsible for deliwry of this e-mail to the intended
recipient, you are hereby notified that any dissemination, distribution. copying or use of this e-mail or its contents
is strictly prohibited. If you recei'9d this e-mail in error, please notify the sender immediately and destroy all
copies.
l t ps: I Im com/ msl!I b/ 1 f;,2/ u/O/?u 1=2&1k .<:if ti34 /6 6664 & v lew=pt&cat =J CIC k s Oo::ithouse &&a1;1rc h= ... 112
mf.lrll.iMall - Jack's Canoes & Koiyaks. LLC V. N<.1\lon<1I P(lrk Sorvico, ot, <II.
t t ps: //mail. googlo, com Im all/ b/ 152/ u/O/?l1 l:.1?,&lk =f 534 7G(IG 64 &v lew=pt&cal =J 8C k's Boathouso &s i ~ r c 11::; ..
128/14 OF THE INTERIOR M<.'11 .. /'lo Old

.

.
An Hour Old
Le Bel, Steve <ste'.<l_lebel@nps.goV> TL1e, Feb 19, 2013 at 3:49 PM
To: Tammy Stidham <t11mmy_stidham@nps.gov>, Jennifer Mummart <jennifer_mummart@nps.gov>, Peter May
<Peter_May@nps.goV>, Ste"' Whitesell <Ste"" __ Whitesell@nps.gov>, Lisa Mendelson <lisa ... mendelson-
iolminl@nps.goV>, Tara Morrison <Tara __ Morrison@nps.gov>
https ://www.facebook.com/j<>cks boathouse/pas ls/514267 48194462B
Stow L0Bel
Oept.1ty Associate Regional Director, Oper<itions and Education
Prcgrarr1 Office of Business Services
National Capital Region, N<1ticnal Park Service
Phone: (202) 619-7072
Fax: (202) 619-7157
The infQrm<ition contained in this message m<iy be protected by attorney-client or other pri\ilegll. It is intended
for the use of tho indi\.iduals lo whom it is sent. Any pri\ilege is not wai-.ed by \irtue of this ha\ing been sent by
e-mail. If the person recei\ing this message or <iny other reacler of this messag0 is not a named
recipient. any use, dissemination, dislribulion, or copying of this communication is prohibited. If you receiw
t t P5: // m google. com/ m a!llb/
'166661\.& v !ew=p\&c<:il =J K' !.l Oo'1t e &s 11arch = ... 111

128/14 Jack.'5 hi;15 been In thG nGVv'S WJY too much ... - Jack'$ l Faccbook
I ,, I
:::J u
(".J) ni\ Ir; !'c,11111.1( ','l.l\11" p,l',',W<li'ii'
he.is b(!Qn in tho news way too rnl1cl1 lately, We il ntitQ telling you about what's f)(Jill\l cJn
miql)t hdi) qct. the w0rcl nut. 10 ;111 of ou!" supportern.
Here Is tl1e stoi-y. Riqht ilt)out C.hrislrn<1s Ev(.:, lt1(: Nallom)I Purk Service i1ncl Nationill l\lrk
told us to shull'.!own and move 0ut witl1i11 .30 c1 l)y
Olli' cu:,torncrs i>rKI

lllcy b<Kkccl-of"f tl)e told us ltwt we'd
tQ lJid on a to operate Ollf own
WilS <Jdvi!iNJ by the Nll::i lhat while we could bid on the: jQinl
1
NPS would use unclefinQd
to wl10 th<! biLldc1 woull'.! be. Uy-the-way, tl1i1t WilS s<.mie proce!;s
to ull or the ott1c1' IJoathou\;t;:f, in \'own i11 order to aw<ird lhem to Guest
Inc.
1
the fine company ym1 n,1r111in9 ALL or lhc concessions on tl1c mall. NPS' tlopc Is to
mi'lkc it <J opt!r?Jliun like lt\elr Otl)Cr
So ...
We arc suin9 the NPS NflF lo thorn rrom takin(J to lhl.:l Courl dctcrrnir"lC
whd.hc'!r the Nf
1
S OI' the Nfit even h1Jve 1he 1iqht. I.ti try to rid or Jack's qlvcn GHi;:AT th<il ltlc
land ownecl by (lf Columbl3 <lncl cont1'ol of the lanli--(1lon9 with tho Georgetown
not even be In t11c l1ancl5 of th(! NPS,
Jt i:; l(J t(1me (lown to the n<iw. J\11 c'Jr ttiis ICQ<.)I stuff a9oinst our
of '1 (!Xpt?ric!1H,:!.:: wt1C:r'C! you c;.:111 pac!clle, gi-illH, C.lr1d maybe Just
lowC!r y(JUI" bk'Hld " little.
We n()V<:!r it would tlc:ivc to qo th!:; w;;.y, Hut I success docs h[')VC! " price, Xn thl:=; ((,If;{.!,
Whi:!ri we lmprovc(j the way th11t Wt) <Jld l1uslm1s:>, we ou1'sclves ;;in (:ippi::o.(1linq tilrgQt, <Hid
lJcci1n1c 1n(i(';h to lt\e name corporote <.)S Guest Services, tnc.
While this mi:ly not be th() Fight or the

It sure Is a big <le;;il to OlJr Lincl customers
(in1,i i::; lil;)ly to l:i!kc! Sl".:!V'l.'.!r'<-1! to resol'A} llnl('fi.5 the NPS ;.md th<:! NPI'' come to t11cir .seris1;s. WQ
wisll it dic!n't hDve to qo thl::; f.:ir, li<iv.:.! nc c1101ce ::1ncl we believe position is <is Ol11
lov!Z! (lf th0 Su we'V(! h11cd the big-city to kc!(!p U!:i from being by NPS

cloes It mean to the It mat you <1rc going to \J:5 to truly focus on
you1 with
In thQ the enjoy Jack's and will t.lo p.:1l't by makin9 sure thr.!
rcm<:ilris one worth for,
l\111'11Yil11

lltyah Shli)l8Y up the fl(Jhtl
h!brumy ('), ll50<nn'
F(iK Tb:111k you ror tl1e upclute, Qn ri1lr)y W!\C!re we out the wln(li)w 11f
bc1110 on the w<itcr (lll a 80 c11c1w1q, A1w\tvn(J fell.:!; r;;1n 1li>
Fd1ruiuy I o;i, 1:0 I] al 11 :!ilJ<i1n' fi
L;111! Axi'lhllrl CiODS!'l::l:DI
f'cbru;1ry I 9, 1 J (1l 11
C;ilnllyrl HCl'>.:!
1
5 hOPll1() this wl1l fight <111 (\r1d loo-powcr'f Lil
fcdcrnl (J()vcrrm-i:,:n\ i1yt\1\t.y lryii\q to Pl1t tl1cm out of
P. M(,:lll':i (() (!Vt:ryonc pullin(J for J<1cl.:.':;; k!r)k r\OW Liut you be <l w11:;c1v;.1tive.
1'), 1:0\] <Jt .17.:03pm
1Y1;1ri; llu\irslnk ii' 5Nvlcc:; tipped off \0 \twir or lack thcrtof, M;1y l(1
!1oycott (iu'"st
19, )01,111( IJ:01pm
tt ps ://www. face book .co mlja cksbo s tho 1,.1$!';1/posts/514 2 67 48194 '16 2 IJ
lOM
t:nr1hsh (US) !
1
11\'\H.'\' ' Mllf;
113
tHHi bean in the nows way too much ... - JacJ.;'s I Fi:lcebook

ut1out tl1c l1t:ito1y ()f m1cst Inc
11t tp: J /V..'W\'i. l'I<\ f,t11rn1ti.mi:1t yp;,1;11:r. i:i.m 1
1
... ro:P/\111w.l
-

\'/WW' yp;1 I 'I II !I
i i:; City !11\'1\1 ;1b11ul D.C.
'
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a

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M.-.HhllW r:'i;lw;)r(.i li:1: if y(lu il H111d''
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11.ly!lSil t'r'<llKl!!i YQSI K(!t'P It (l()lf1iJ1 kwc h1Kk 11 Olll JllSI: to the
vl,<1 you 100%1

J!), il.OIJ ilt ll.:l./prn i
S<tl'a Never bl'C11 k<1y;1kir1cJ Wi\h y1111 (11il tully 1/1)\ilt you're d1Jif1'l lll"l
;111cl IUl\)W Wl1i1t tl1C IJlllll\c Cill\ (10 to help,
!9, t.on at 1.2:np111 \
.Jo I h<lll(! bel'l'l w;1n\ir1q l(! wi\I\ \11\ 1u1 o! July ,,hopdully l c<in (JC\ \here lhh
yc;u, \!jl (_l(!(!d W(!rkl 11!11
l'"d1rnmy 19, l.OIJ ,1t l2:2':1Jlll\'
p Dlllll\hii19 <1bo11t
con1orntc l<1r1(1 !iCl'i.'vfrn
H:bru;iry 1'), lOt:! ;il
11,y;m lip !K:;M
1
"(:;ucst Servic(!S" T'il bkmd .. It low1
f'Ob!Uilty lfJ, i01'.l ,1\
IJ!ll1il k'ind of ltkc wilh r.1mll llllSi11csscs LJnJ p1wutc: whi<:h rn.1cl\
!\"DI(! .:dllC(!l\t, am i.lSl<k for bl() {)ll(,C fit,, <>II Kt<!P lll> the lJOOd ficJht.'' 1
\l) 1.1l11Kl11w PillWlt!bOilH1 II\ rx:1
h!lm1my !(), ?Ol'.l.'1t
1
!
Ury;1n l<[:[:P IT
l.OU at l):<1)p1n
R<ihsu;:in ! ir /Iii rt:lltkln SUbtrttt(!CI to NPS wotild help,, .
19, :1.01:i ill ll.:<\tpm l
P.lUI o. wcllot' NJ recd, we need
!'cbrv;iry 19, J01Jiil. l
Ri(:h11r1J C!ll\ yuu put so1ret11lnq up <it '.lf'ICC M,my but do rnrc, Thi\;
wot1kl help, Orie ricver kn11w.: wh(> (.11ukl !1(dp. Do you 11<WD Ll 9011t pctitl(ln NPR. ( t\1)\ \o tt1c111
llL1l 1.0 t!LC'. 1 Go\lt o( DC or 7)
"flWy 1;1k11\g ()Vt:1 t!vl!ryt!1111g not Jll5t thcH! but 1n1k111q <1 bi1! ( of lJU5lr'\1'.'.5S all 01/N USA,
19, io1:i .:it J.i:5tipm
Roxie fllg1'UllC. JACKS rOf( 1.U.+
felJ/\1.1ry JC), :,i01;i \1l 1:01p1!)
McEltoy yuck. keep up the

l<ick.':; , rf10tin9 for YO\I!
1
I was Just d,1ydrci11rl11!J of
in t!\15 ,k(!0P us let krnhv hilw WI..' L\:111 !LC!lp
1
Fd1rn:11'y l<J, lOlJ at l:OJpm
Di;'tvld DeBcrm1rdls PCOfJ\c who .ire fr<1n"in(I :1 11itrOW.<,lll l1f tl1r. lill'(]N
qo111(J 011 HI the A. 5K:k for try Inn to thv1:r1: 11\knli(m 11w:1y r1'0ll\ Ja(k5 to soout
(JOl1tlC<1I bc-l1ds
1
<111d l.l, Wro11g f(.lr !:(1y1n9 (11!.!;1\g WI .. M(11<'
l'cbnmry 19, ).01.1<1\' 1;?,r1p11'l :!
:1 .t. 5r.uUy f(>1 to Gucr.t 5etvle<!5 trylnq to rcpk1.1\c th\\ m1.rNienc'.'.! wouk1 b8 il
lokcl
fcbru;1ry 19, ;>01)1.111:)'ip111
n111Jrny Do Wl\ilt you 1rnst, 1t wouklri't be the s<1111'.:
Fi:!br1Jciry 19, 2013 at 1;'10prn
Ci1t!() ll;ilt11n:I W1111kl I)(: ir J<1ck's clos(:d, Let u!; l<roow wh;i( (:\u\ 1Jo lo Me1ybi:! write oi
to 50ll"J.:!011C"/
19, )0 I J \1\ 2:11 pin
C11n livf! w1t11out Jack's!
Fcbru<HY 19, i.01::\ <ii '.3:1(ipm
(Ci/\ we: !-!ELI)'!
f'l.!bl'llillY ).013 i.lt 3;/?pm
M<iry C(> ,l11d(,:ll
f"d)rui1rv !9, l.Ol] at :l:5Upm
Mkhllcl Potorson <111tl (lnly
h:br11JJry 19, <l( 'l'.3\prll
Sclllef Ci(Jocl /or you Jack;., Yot1 h1.ivc ;1 \I> pta(:r. you l1iJV\'! had. Fo1
1.'), )Q1;l <i\
011n f1w wli<1t's rlqht!
19, iO <it
1
1: $/p111
ttos :/ f www. face OQc)k. com/ jacksboa thouscf posts/ 514 2 67 4 a 1 l\4 4020 213
/28/14 Jcick's has beon in tho nevvs Wfl.Y loo .. - Jack's Goathouse I Facabook.
llmmh..I I WOlkJ Wi'ili:! to ;:1 ...bc!r of if D\, 1i,1\I v(1(1f1;) n1is rc<Jlly st111k;I
111: I); !Orm
.J.<u:k\11 rlg!1ltr1\jl
19, fi: l'lpm
Kl1thlet\l1 J<1ch <1 m;.11or p(1rt. \lf my Id k10W ,(you 11C!cd diJnU\KJn<;,
t<), (i; ll)p111
Uc;1th11r M<".Gr;1y r11ank!; for' tl1i:! t1p(Jo1tc, (;o, .!<Kbl
l \J, :wu at 1; ') 1 prn :J
Hohlni /\r1)11'\ ilr1tit(11r.t law:, to e11:,u1c Wl)i1l <im I hNe) l
.J<Kk'511
H!lll'llilfY 19, i.rJIJ ill 0; 11 pm
llcrt Mclfo1stcil\ l'v'-' been !'!'Ol'r\ fOI' '1\111y Y('ill''.i. I Ii(' you have ll\1dC'
11\ yC<1r'S !1il\IC! l"r"l1()C It iHl ever IT"()l"t' invi(inij lo '1'11li l1ilVC t'<ll"nC(I tl'ie ri(jhl \(1 llW
wo11tlerfl1I work y1>11'v1: 1l()f1\;. l your dforls [(I f111ht off NJS
20, 20 I] <ii I0:0
1
lam
I\ for th0 updtit(!, J hilV(! b\!<.:r1 il for two ycilr'.i ;111d \ rnr1't
i1 '.il.lllll'CI"

ell) ll\C! ,!.'.Jilli
J !, JOJ:l ill lJ:l.!lpm
H yuu f1Jndli\l!;cr, l W1Jl1ld love to nf p(1:11tlm)S l l1avo tl()nc from your dock All
Pl"OCC'C(1!; WOltld (/0 l\1 yo11r 11101\10" fow1101Jd ! did (1'0i'11your (]OC tl1at l WOllkl
to tl1r.
!-'(!brLJi.ll'Y I. l, ?O) '.I >l 1 ).;.)'')pm
f01t1.l<1 t'<1Urth l :;1,1w \hi:; pr<1(!11r.l' Or\ Or'. Oz r.l1ow a fow day:; il!)O m\d wi1!; at rnsults. Toc!tiy i5
my lltl1 clay llt!ll\() on t11c p10<1n1111 <1ml 1 ,un \ di>w1\! ! : ) I w<int othcr5 to know
(() ythi 11?.
f (,'! <\VO(i(11.'.i/ \(j() '/ l \I l 1;1il I ..
).J, l.013 i1l 11:13pm
Ll1ur11 happy you'r(! fhl1ti11(11111 l.ool(imj f(lrwi\rd \c) 11b;ll1119 Jack's :;01111 XO
M<ll"Cl1 l, :!0!3;;it !.:(/pm
ttps:/ /www. face book. co rn/ja cksb(>:;i thou so/ posts/514 2 6 7 4 8194 46:? O 3/3
128/111 DEPARTMl!N"!' '!'HE !Nlf.R.IOR MDU - Re: Jack's Boattwuso

.
Re: Jack's Boathouse
Roth, Barry <barry.roth@sol.doi.gov> Tue, Feb 19, 2013 at 8:56 AM
Cc: Ste"' Whitesell <stew_whitesell@nps.gov>, "Lackey, Melissa" <melissa.lackey@sol.doi.gov>, Margaret O'Dell
<peggy .... o'dell@nps.gov>, Maureen Foster <maureen_foster@nps.gov>
Stew, we need to close the loop quickly with Nell on this as we will need to work with DOJ to ensure that thoy
will represent them on this matter as well as doing so without reimbursement.
HtHTy N. l'ot.h
A$OQciatc Solicitor
Division o.[ Parks & Wi.1.dlife
202-2.0fl-4 .:l4 4
Fax: 202-208-3877
.. do.i .. yov
This (!mi,li I i in for tbe us <:1 of the i ndi vi ! or ty to which it is address cd. I l rnay contain i nforn1ati on
i pri vi! et{Cd
1
confi den ti a I 1 or otherwise protected by a p pl i cab! c I aw. If you ;;1 not tbe i ntancled rec! pi Qnt or the
ernpl oyee o'f or a gent pons i far de! I very of this cm8 i I to i reci pi ent
1
you ti r1otl fi eci th8 t its
dis semi n;:i ti an, tri bu ti on
1
copying or use of this cmJ i I i $ s trl ct\ y pro hi bi ted. If you ved tt1 is email in error,
pl{:i:lsc notify lbe itnmediately and dc5troy ;:11! copies.
On Tue, Feb 19, 2013 at 8:50 AM, Eaton, Robert <robert.eaton(@sol.doi.gov> wrote:
. Ste\,
Under 16 U.S.C. section 19h the National Park Foundation (NPF) "may utilize the seroAces and facilities of the
Department of the Interior and the Department of Justice, and such seroAces and facilities may be made
available on request to the extent practicable with or without reimbursement therefor." So, yes, the Solicitor's
Office (SOL) and the Department of Justice (DOJ) may represent tho NPF Lrpon request; howe>.er, any
representation must bo subject to the NPF's written agreement that it understands that its interests and the
NPS's interests may not be completely aligned in this matter and that If its interests and the NP S's interests
di>.erge during the litigation, then the SOL and the DOJ will assert the legal arguments that best support the
NPS's position. At that point the NPF may choose to retain its own legal counsel.
FYI, to the best of our knowledge, the United States still has not been properly ser.ed (i.e., the Attorney
General and the U.S. Attorney's Office ha\ not yet been ser.ed). Therefore, we do not yet ha"' a DOJ
attorney assigned to the case. Melissa will be our office's lead attorney on this litigation. She has been trying
diligently to contact someone in the U.S. Attorney's Office to alert him/her to the filing of the complaint (and
the plaintiffs assertion that he will be seeking a preliminary injunction); by copy of this email I'll ask her to
redouble those efforts.
If you'd like to talk before you get back to the NPF, please feel free to call. Thanks, Ste'.<l.
Rob
. Branch of National Parks
t l ps: 11 m al!, goog le. com! m al llb/ 162/li/O/ ?ul11:(1,&lk ;;f 534 768664& v iew=pt&c<it ::rJ ac k's f:loathous h =, , , 113
128/14 OF THI;; INTERIOR MEii! - Ru: {jofltllol1sa
Di"1sion of Parks and Wildlife
MS 5312
1849 C Street, NW
Telephone: (202) 208-7957
Telefax: (202) 208"3877
. This email is intended solely tor tho use of the indi"1dL1ai or entity to which it is addressed. It may contain
information that is pri\.iieged, confidential, or otherwise protected by applicable law. If you are not the intended
recipient or an employee or agent responsible for tho deliwry of this email to tho intended recipient, you me
hereby notified that dissemination, distribution, copying, or use of this email is strictly prohibited. if you
rocei-.ed this email in error, please notify the sender immediately and destroy all copies.
On Mon, Feb 18, 2013 at 11:10 PM, Stew Whitesell <stevo .... wl'1ites<;ll@nps.gov> wrote:
Rob
Any ad\.ice. NPF is pretty much the innocent in ail this so anything we can do on their behalf is
appreciated.
From: Neil Mulholland <noil@rmtionalpmks.org>
Date; FebrL1ary 18, 2013, 1:27:11 PM CST
To: "Ste;{I Whitesell (Steve_WhitBsell@np'.<.(JOV)" <Stew __ Whiteseli@nps.[Jov>
Cc: "Collier, Thomas" <TCoilier@steptoo.coni>, "Catherine W. Wilkinson
(cwilki11son@steptoe.corn)" <cwiikinson@stE>ptoe.corn>
Stew,
The National Park Foundation has been serwd with the attached summons pertaining to
Jack's Boat House. Will the National Park Ser\.ice be pro\.iding legal representation to the
National Park Foundation?
Please ad\.ise,
Nell Mulholland
President and CEO
t t ps :// m ai I. googlo. com/ m <.l!ll bl 1 ?ui=2&ik =f 534 7 68864& v IOW'='pt&c ;::Jack's Bo<:ithoU$O&soarc h , , 213
128/14 Df.,PARTMENT OF THE INTERIOR Mull -
202.354.6464 direct
303.916.1910 cell
tips : //mail. googlo. con'\/ m <llll bl 11j2/ u/O/? uj;,;2.&.lk ;:;f !:)34 760664& v ilw=pt&cat ==J <ic k '$ Oo<it ho us e&s ..
128/14 DE:PARi"MENT()p THr; INTE:RIOR Mall- Ro: J<.1ck's
---..
.
.

'
Eaton, Robert <roberteaton@sol.doi.gov> Tue, Feb 19, 2013 at 8:50 AM
To: Ste-.e Whitesell <ste..a,_whitesell@nps.gov>
Cc: Barry Roth <barry.roth@sol.doi.gov>, "Lackey, Melissa" <melissa.lackey@sol.doi.gov>, Margaret O'Dell
<peggy_o'dcll@nps.gov>, Mauroon Foster <maureen.Joster@nps.gov>
Ste"'>,
Under 16 U.S.C. section 19h the National Park Foundation (NPF) "may utilize the sor'\ices and facilities of the
Department of the Interior and the Department of Justice, and such services and facilities may be mado available
on request to the extent practicable with or without reimbursement therefor." So, yes, the Solicitor's Office (SOL)
and the Department of Justice (DOJ) may represent the NPF upon request: howe"'>r, any representation must be
subject to tho NPF's written agreement that it understands that its interests and the NP S's interests may not be
completely aligned in this matter and that if its interests and the NP S's interests di-.erge during the litigation, then
the SOL and the DOJ will assert the legal arguments that best support the NP S's position. At that point the NPF
mey choose to retain its own legal counsel.
FYI, to the best of our knowledge, the United States still has not been properly seMd (i.e., the Attorney General
and the U.S. Attorney's Office ha"'> not yet been seMd). Therefore, we do not yet ha-.e a DOJ attorney assigned
to the case. Melissa will be our omce's lead attorney on this litigation. She has been trying diligently to contact
someone in the U.S. Attorney's Otnce to alert him/her to the filing of the complaint (and the plaintiffs assertion
that he will be seeking a preliminary injunction); by copy of this email I'll ask her to redouble those efforts.
If you'd like to talk before you get back to the NPF, please feel free to call. Thanks, Ste\e.
Rob
Di\1sion of Parks and Wildlife
U.S. Departm0nt of the Interior
MS 5312
1849 C Street, NW
Tel0phone: (202) 208-7957
Telefax: (202) 208-3877
This email is intended solely for the use of the indi\1dual or entity to which It Is addressed. It may contain
information tt1at is pri'11eged, confidential. or otherwise protected by applicable law. If you are not the intended
recipient or an employ00 or agent responsible for the deli"'>ry of this email to the intended recipi0nt, you are
hereby notified that dissemination, distribution, copying, or use of this email is strictly prohibited. If you receiwd
On Mon, Feb 18, 2013 at 11:10 PM, Ste-.eWhitesell<ste-.e_whitesell@nps.gov> wrote:
Rob
Any ad\1ce. NPF is pretty much the innocent in all this so anything we can do on their behalf is appreciated.
tips : // m Eli!. lo, com/ rn al!/ b/ 1 G2/u/O/ ?ui=2&1k rJf 534 768661\.& v Jack's Boal hOlJS o&s oi:im hrn, , .
1/2
126/11\. DEPAk TMENT OF THE Mall - Re: J!lck's BoalhOl1:>0
Begin foiwarded message:
From: Neil Mulhollm1d <n<;>il@nationalparks.or(p
Date: February 18, 2013, 1:27:11 PM CST
To: "Ste\e Whitesell (Steve __ Whilesoll@nps.gov)" <Steve __w11it0soll@nps.goV>
Cc: "Collier, Thomas" <TCollier@stoptoe.com>, "Catharine W. Wilkinson
(cwilkinson@}steptoe. eorn )" <cwill< inson(f.t.1s .corn>
The National Park Foundation has been seMd with the attaohed summons pertaining to Jack's
Boat House. Will the National Park Ser;ice be providing legal representation to the National Park
Foundation?
Please advise,
Neil Mulholland
President and CEO
202.354.6464 direct
303.916.1910 cell
: 11m a!I. google. com/ m <ii I/bl 1 [)21 u/01 ?ui=2&1k =f 534 768664 S.v iew=pt&c Ell =J <.IC k's Ooat!louse&soarch= ... 212
2 8 ~ ' DEPARTMENT OF THE INTERIOR Mail - Jack's Boathouse
Jack's Boathouse
Neil Mulholland <neil@nationalparks.org> Mon, Feb 18, 2013 at 2:27 PM
To: "Steve Whitesell (Steve_Whitesell@nps.gov)" <Ste-.e_Whltesell@nps.gov>
Cc: "Collier, Thomas" <TColller@steptoe.com>, "Catherine W. Wi lki nson (cwilklnson@steptoe.com)"
<cwilkinson@steptoe.com>
Steve,
The National Park Foundation has been served with the attached summons pertaining to Jack's Boat House. Will
the National Park Serv;ce be pro\/iding legal representation to the National Park Foundation?
Please ad\/ise,
Neil Mulholland
President and CEO
1201 Eye Street NW. Suite 5508
202.354.6464 direct
303.916.1910 cell
tjAllONAL PAllll.
FOUND,\1ION
The Official Charity of America'$ Nattonal Parks
www.nationalparks.ori
Please considor tile environn-ent before printing this message
2 attachments
~ Jack' Boat House Civil Action 02.01.13.pdf
2124K
ttps ://mail.googla.com/malllbl 152/1,1/0/?ui=2&ik =r 534766664&v lew=pt&cat=Jack's Boathouse&search= ... 112
128/1'\ DEPARTMENT OF THE INTERIOR Mail - Jack's Boathouse
Jack's Canoes Kayaks LLC_1-18-13.pdf
1267K
ttps ://m all.google. corn/mail/b/152/u/O/?ul=2&1K=f 534 768664&v levr-pt&cat =Jack's Boathousc&seorch" .. 2/2
Case Document 5 Filed 02/01/13 Page 3of 14
AO 440 (Rev. 06/12) SIJlllllllll1' In a CM.I Action
Plaf11ttf!(:)
v.
for tho
Civil Action No. 1: 13-cv-00130 ( CKK)
National Park Service, National Park Foundation,
and The District of Columbia
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To: name and addra:)
1201 Eye Street, N.W.
Suite 550B
SUMMONS IN A CIVIL ACTION
A lawsuit has been filed against you.
Within 21 days after seivice of this summons on yo (not cowiting the day you recdved it)- 01 60 days if you
are the UDited States or a United States agency, or an office1 or employee of the United States described in Fed. R. Civ.
P. 12 (a)(2) or (3) - you must serve on the plaintiff an ans er to the attached complaint or a motion under Rule 12 of
the Federal Rules of Civil Procedure. The answer or motio1 must be served on the plaintiff or plaintiff's attorney,
whose name and addt:ess are:
Charles H. Cam .
Law Offices of harles H. Camp, P.C.
1025 Thomas Je 'ferson Street, N. W., Suite l I 5G
Washington, D .. 20007
Tele. (202) 457 7786
If you fail to respond, judgment by default will be e tel'ed against you for the relief demimded in the complaint.
You also must file your iU,J,ijWt!.f or ruotion with the cowl.
CLERK OF COURT
2/1/2013 / s/ Micha e l Darby
Sig>rahlre of clm-k or Dtpuly Clerk
Case 1:13-cv-00130 Document 1 Filed 01/31/13 Page 1of25
IN IBE UNITED STATES DISTRICT COURT
JACK's CANOES & KA YAKS, LLC
3500 K Street, N.W.
Plnintiff,
v.
1849 C Street, N.W.
NATIONAL PARK FOUNDATION
1201 Eye Street, N.W., Suite SSOB
and
John A. Wilson Building, 6th Floor
1350 Pennsylvania Avenue, N.W.
Defendants.
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Case No.:
JURY DEMANDED
VERIFIED COMPLAINT
Plaintiff Jack's Canoes & Kayaks, LLC (hereinafter "Jack's LLC" or
"Plaintiff') hereby files this Complaint and alleges as follows:
Case 1:13-cv-00130 Document 1 Filed 01/31/13 Page 2 of 25
I.
PRELlM!NARY STATEMENT
1. This action seeks to protect Jack,s LLC and its business known as
Jack's Boathouse from destruction by the National Park Service ("NPS'') and the
National Park Foundation parties that erroneously believe that they
18, 2013, decision contained in a Request for Qualification ("RFQ") to terminate
the indefinite 1973 lease (the "Lease"), under which Jack's LLC has been a tenant
since April 2007.
the NPS- which is not a party to the Lease-and the NPF-to which the District
rents payable under the Lease-is egregious and violates numerous rights of Jack's
LLC.
4. Under the concession the NPS plans to issue, the concessionaire
would pay franchise fees to the NPS (and in twn to the United States Treasury),
Case Document 1 Filed 01/31/13 Page 3 of 25
further actions whatsoever that interfere in any maIUler with the continuing
of the Georgetown Waterfront Park, and 1'eplace Jack's LLC with a concessionaire
to the United Stales Treasury.
7. This action also seeks, inter a/ia, the following declaratory judgments:
authorized by any law, act, assignment or delegation from the
LLC's Jack's Boathouse business.
JI.
PARTIES
9. Plaintiff Jack's Canoes & Kayaks, LLC ("Jack's LLC" or "Plaintiff'),
a District of Columbia limited liability company, is solely owned by Mr. Paul
("Lot 806"), which is adjacent to Lot 805 owned by the District of Columbia.
States Department of the Interior, responsible for national park management and
program implementation. The headquarters of the NPS is at 1849 C Street, N.W.,
11. Defendant National Park Foundation ("NPP,) is a 50l(c)(3) non-
Suite SSOB, Washington, D.C. 20005. Although the NPF supports the work of the
liable for any debts, defaults, acts, or omissions of the Foundation."
Ill.
1331.
Declaratory Judgment Act, 28 U.S.C. 2201-2202.
16. Venue is proper in this District under 28 U.S.C. 139l(e) because all
IV.
FACTS
Boathouse," which offers canoe and kayak rentals, tours, storage and other related
services.
the business at Jack,s Boathouse, where Frank's father, John "Jack" Baxter, began
renting boats in 1945.
19. The property where "Jack's Boathouse" is located consists of two
806 ("Lot 806'').
20. In 1973, as part of a compromise with the District of Columbia, which
21. Pursuant to an August 28, 1973 Deed, John and Norma Baxter sold
Lot 805 in fee simple to the Distdct of Columbia for $244,160.00. The District of
Columbia currently owns Lot 805. On October 1, 1973, the District of Columbia
that year, deeded Lot 806 to Jack's LLC, the cwTtmt owner of that Lot.
intended to transfer limited administrative jurisdiction over a number of land
September 10, 1985 (the "1985 Resolution'') states that, "Jurisdiction over ... Lot.
. . 805 in Square 1179 shall be transferred to the National Park Service 5 years
1985 Resolution.
March 21, 2000.
jurisdiction authorized by Council Resolution 6 ~ 2 8 4 (referred to herein as the
28. On March 30, 2000, duiing the gap between when the 1999
Lease to the NPF.
District of Colwnbia to the NPF).
rent to the NPF.
32. In August 2012, the NFS sent a draft concession contract to Jack's
on the subject of the concession contract, stating only "[w]e are unable to proceed
Director of the NPS sent Jack's LLC "notice .. . to terminate its occupancy of the
leased premises . .. . [and to] .. . vacate the property on or before 11 :59p.m. on
concerned with the future of Jack's Boathouse .. . further action on the lease
termination [is withheld] until I have conducted a more thorough review and
communicate with Jack's LLC again until January 18, 2013.
36. On January 18, 2013, the NPS provided a letter to Jack's LLC
evicted without a Court Order (i.e., pursuant to a self-help eviction by the NPF}-
and a concessionaire.
Qualifications (Solicitation Number TC-ROCR004-12), amended on January 28,
due nine (9) days after its last amendment (i.e. , on February 6, 2013). The RFQ
states that, "The [1973] lease will be terminated effective upon execution of' the
Verified Complaint - Page l 0
Case 1:13-cv-00130 Document 1 Filed 01/31/13 Page 11of25
(Solicitation Number CC-JACK001) for HNon-motorized boat rental & storage
Lakewood, Colorado.
v.
CAUSES OF ACTIOrf
COUNT ONE
Declaratory Judgment
(National Park Service, National Park Foundation, and
the District of Columbia)
3 9. Plaintiff repeats the allegations set forth in paragraphs 1 through 3 8 as
if set fmth fully herein.
September 10, 1985 (the "1985 Resolution") states that jurisdiction over Lot 805
shall be transferred to the NPS ''5 years after the effective date of this resolution
unless . . . suitable sites and facilities have not be obtained for the relocation of
those public works facilities [including D.C. Depattment of Public Works' storage
required to provide "in detail, for the following: .. . (4) The exchange of letters
shall include conditions, including a reversion of jurisdiction to the District of
Columbia, which fully protect the District of Columbia in the event .. . of (A)
Amendment or cancellation of the June 7, 1985, deed (the "1985 Deed,') between
Properties (D.C.) Inc., and the United States of America .... "
contained in a single letter dated May 18, 1987 and signed by Mayor Marion Barry
"1987 Letter").
43. The 1987 Letter affirmed that a material amendmerit to the 1987 Deed
44. A Supplemental Deed of Easements dated March 1, 2005 (the "2005
Amendment'') significantly and materially amended the 1985 Deed.
jurisdiction for administration and maintenance over Lot 805 to revert to the
provide, in detail, for the following: "(7) The District of Columbia shall assign
park development. ... " The "existing leases" included the Lease.
4 7. The exchange of letters were ordered to provide for the additional
repair, maintain, and protect all wharves, piers, bulkheads, and similar structures
created an exception to this responsibility D:Ot authorized by the 1985 Resolution,
bulkheads and similar structures that are "the subject of leases located on the
purportedly "delegate[d] its duties" under the Lease to the NPF and "assign[ed] the
rents derived'' from the Lease ''to the National Park Foundation, to be used for the
49. The 1987 Letter further stated that it did "not preclude tho assignment
ever occurred.
satisfy the prerequisites under the 1985 Resolution for the transfer of jurisdiction
over Lot 805 from the District of Columbia to the NPS.
nor the 1987 Letter authorizes the NPS or the NPF to terminate the Lease, to evict
Jack's Boathouse-as such actions are not "duties" of the District of Columbia
March 21, 2000.
53. On April 4, 2000, after the 1999 Resolution had exph-ed, the District
jurisdiction authorized by Council Resolution 6-284'' (referred to herein as the
office of the Corporation Counsel, in a memorandtun dated May 7, 1999
necessary to authorize the assignment of leases to the National Park Foundation .. .
Lease to the NPF.
56. Under the concession the NPS plans to issue, franchise fees would be
Verified Complaint - Page 1 S
effectively transferred by the District of Columbia to the NPS, 40 U.S.C. 8124
maintenance." Neither of these statutes permits rights of ''development" such as
terminating the Lease, evicting Jack's LLC and installing a concessionaire who
the Georgetown Waterfront Park.
COUNT TWO
Temporary Preliminary, and Permanent Injunctive Relief
(National Park Service and National Park Foundation)
owned by Jack's LLC by March 1; 2013.
(i.e., on Febmary 6, 2013). The RFQ states that, "[t]he [1973] [L]ease will be
terminated effective upon execution of' the concession contract.
Court Order (i.e., pursuant to a self-help eviction by the NPF)-regardless of
62. Jack's LLC will suffer irreparable harm should the NPF terminate the
litigation.
otherwise.
65. The public internst is likewise served by injunctive relief.
COUNT THREE
the NPF has been accepting, rent from Jack's LLC since 2007, Jack's LLC is a
Lot 805 (and Lot 806, which is owned by Jack's LLC).
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68. Jack' s LLC relies on the many business relationships it has cultivated
with boat storage customers as well as boat rental customers.
69. The NPF (hereinafter through actions taken on its behalf by the NPS)
has acted to intentionally interfere with Jack's LLC, s boat storage and boat rental
customers by unlawfully pursuing the termination of the Lease and making
Jack's LLC has suffered a loss of business in boat storage customers.
unce1tainty of Jack's LLC's future as publicized by the NPF.
72. Jack' s LLC has had difficulty procuring and making commitments,
LLC,s future as publicized by the NPF. Jack's LLC has repeatedly communicated
LLC' s future.
74. The NPF has repeatedly publicized its efforts to unlawfully tenninate
the Lease with Jack's LLC even after Jack's LLC reptmtedly informed the NPF and
75. The NPF and the NPS continue to seek to terminate Jack's LLC,s
COUNT FOUR
Conspiracy to Carry Out An Unlawful Eviction and
77. Plaintiff repeats the allegations set forth in paragraphs I thmugh 76 as
78. The NPF conspired with the NPS to interfere with Jack's LLC's
business and cause irreparable harm to the Plaintiff's business.
79. The NPF joined the NPS in delivering an eviction notice to Jack's
81. These concerted actions on the part of the NPF, in conceit with the
NPS, were made with the purpose ofhanning Jack' s LLC's business.
COUNT FIVE
83. Plaintiff repeats the allegations set forth in paragraphs I thmugh 82 as
(hereinafter through actions taken on its behalf by the NPS) to the public regarding
Jack's LLC, as well as its efforts to unlawfully terminate the Lease, materially
interfered with Jack' s LLC's business relations, causing it to lose significant
business.
NPF's interference with the Plaintiffs business.
. .
Case 1:13-cv-00130 Document 1 Fil ed 01/31/13 Page 21of25
VI.
RELIEF REQUESTED
Plaintiff Jack's Kayaks & Canoes, LLC ("Jack's LLC") respectfully prays
1. Pursuant to Count One, Jack's LLC respectfully prays that this Coutt
Columbia;
d. The NPS and NPF decision to terminate the Lease and evict Jack's
letter, or authority, and constitute development actions and not the
administration or maintenance permitted under 40 U.S.C. 8124,
D.C. Code 10-111; and
terminate the Lease and evict Jack's LLC (with or without a Coutt
Order).
2. Pursuant to Count Two, Jack's LLC respectfully prays that this Court
LLC, including without limitation, seeking or threatening to terminate the
determination of whether the NPF and/or the NPS have the power and
jurisdiction to do so;
4. Pursuant to CoWlt Four against Defendant NPF, Jack's LLC respectfully
. prays that this Court grant it compensatory and ptmitive damages in an
Verified Complaint - Pago 22
5. Pursuant to Count Five against Defendant NPF, Jack's LLC respectfully
6. Jack's LLC respectfully prays that this Coutt grant it such other and
just and proper.
January 31, 2013

Law Offices of Charles H. Camp, P .C.
Suite 115G
Telephone: (202) 457-7786
Facsimile: (202)
JURY DEMAND
issues so triable.
January 31, 2013
Char es H. Camp (b.C. Bar. o 575)
Suite l 15G
Telephone: (202) 457 7786
Facsimile: (202) 457-7788
Case 1:13-cv-00130 Document 1 Flied 01/31/13 Page 25 of 25
VERIFICATION
Secti.on 1746, hereby verify on behalf of Plaintiff Jack's LLC that all factual
allegations contained in the foregoing Verified Complaint are true and correct to
January 31, 2013
Verified Complaint - Page25
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JACK's CANOES & KAYAKS, LLC )
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Plaintiff, )
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v. )
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NATIONAL PARK SERVICE, )
NATIONAL PARK FOUNDATION, )
AND THE DISTRICT OF COLUMBIA, )
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Defendants. )
PLAINTIFF'S CORPORATE DISCLOSURE STATEMENT
Plaintiff Jack's Canoes & Kayaks, LLC ("Jack's LLC") is a District of Columbia limited
liability corporation wholly owned by Paul Simkin. Jack's LLC does not have any parent
corporation and no publicly held corporation owns any of its stock.
January 31, 2013
Charles H. Camp (D.C. Bar No.
1025 Thomas Jefferson Street, N. W.
Suite 1150
Telephone: (202) 457-7786
Facsjmile: (202) 457-7788
E-mail: ccamp@chadescamplaw.com
Jack's Cnnoes & Kayaks, LLC
LAW OFFICES OF
CHARLES H. CAMBc
VIA FEDERAL EXPRESS
Mr. Stephen E. Whitesell
Regional Director
Washington D.C. 20242
Mr. Neil J. Mulholland
President and CEO
1201 Eye Street, N.W.
Suite SSOB
January 14, 2013
Re: Jack's Canoes & Kayaks, LLC
Dear Messrs. Whitesell and Mulholland:
I represent Mr. Paul Simkin and Jack's Canoes & Kayaks, LLC, the successor-
in-interest tenant at 3500 K Street, N.W., Washington, D.C. 20007.
District of Columbia Council Resolution 6-284, dated September 10, 1985
(enclosed), relating to the transfer of jurisdiction from the District of Columbia
to the NPS and the reversion of such transfer back to the District of Columbia,
states that,
1025 Thornns Jefferson St1'eet, Nw. SuilA 115G, Washington, DC 20007 Phone 202.457.7786 Mobile 301A61.0283 Fax 202.457.7788
Emnil ccamp@charlescamplaw.com Web www.chnrlescamplaw.cotn
LAW OFFICES OF
CHARLES H. C M R ~
Mr. Stephen E. Whitesell
Mr. Neil J. Mulholland
January 14, 2013
Page2
The National Park Service shall assume responsibility
to repair, maintain, and protect all wharves, piers,
bulkheads, and similar structures that are located on
the transferred land or in the adjacent waters.
Unless you believe jurisdiction over the land occupied by Jack's Boathouse has
reverted back to the District of Columbia, and given that my client needs to
have Jack's Boathouse fully up and ready for the next season by March 1, 2013,
I ask that you promptly begin making necessary repairs and maintenance to "all
wharves, piers, bulkheads, and similar structures that are located on" the
property occupied by Jack's, including such structures "in the adjacent waters."
Needless to add, Mr. Simkin is shocked and disappointed to have only recently
learned from me that he unnecessarily expended hundreds of thousands of
dollars repairing, maintaining and protecting the wharves, piers, bulkheads and
similar structures that were, and for decades have been, the responsibility of the
National Park Service.
Thank you for your consideration.
Sincerely,
Enclosure
cc: Mr. Paul Simkin
01str1ct of Columbia Rearsiii
A RESOLUTION
SEP 2 7 1985
6-284
IN THE COUNCIL OF THE DISTRICT OF COLUMBIA
September 10, 1985
To approve the transfer 0 jurisdiction over Georqetown
Waterfront Park to the National Park Service in Ward 2
f or public park and rec r e ational purposes .
RESOLVED, BY THE COUNCIL OF THE DISTRICT OF COLUMBIA,
That this resolution may be cited as the "Tr ansfer of
Jurisdiction over Georgetown Waterfront Park for Public Park
and Recreational Purposes, S.O. 84-230, Resolution of
Sec. 2. Pursuant to section 1 of An Act to Authorize
the transfer of jurisdiction over public land in the
District of Columbia, approved May 20, 1932 (47 Stat. 161;
D.C. Code, sec. 8-111), the Council of the Dietrict of
Columbia approves the transfer from the District of
to the National Park Service of jurisdicti on over parcels of
land that are part of Georgetown Waterfront Park, qenerally
described as real property owned or under jurisdiction of
the District between the west boundary of Lot 805 in Square
1179 and the east boundary of Square 1174, and between K
Street, N.W., and Water Street, N.W., to the north and the
Potomac River to the south, as shown on the plats on file
with the District of Columbia Office of the Surveyor under
s.o. 84-230, Phase I and Phase II. The jurisdiction over
the property shall be transferred to the National Park
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5514 .
Hci110 111i11e - 32 D.C. Rcfl. 5514 Frldnv. Seplember 27. 19R.5
District of Columbia Register .
Service in 2 stages as followe:
SEP 2 7 1985
(l) Jurisdiction over squares 1174 and 1175, Lots
800 and 801 in Square 1176, and the riqht of way for
Wisconsin Avenue, N. W., south of K Street, N.W., shall be
transferred to the National Park Service upon the exchanqe
of letter s that ia required by section 3 of this resolution;
and
(2) Jurisdiction over Lot 802 in Square 1176,
Squares 1177 and 1179, Lots 800 and 605 in Square 1179, and
the rights of way of 33rd Street, N.W., and 35th Street,
N.W. , shall be .transferred to the National Park Service S
years after the effective date of this resolution unless
reconstruction of Key Bridge and Whitehurst Freeway is not
complete or suitable sites and facilities have not been
obtained for the relocation of those public wor ks f acilities
now located on the parcels of land that are part .of
Geor9otown Waterfront Park.
Sec. 3. ':\}le approval of the Council of the District of
Columbia of the transfer of land authorized by section 2 of
thie resolution is continqent upon an exchange of letters
between the Mayor of the Di s trict of Columbia and the
Reqional Director of the National Par k Service, which
provide, in detail, for the followinq:
(1) The District of Colwn.l:>ia shall retain
authority to maintain the inteqri ty of the Wllter and sewer
systems;
(2) The District of Columbia shall retain riqhts
of acces s to and use of the transferred land, in order to
2
5515
HcinOnline 32 D.C. Rel!. 5515 Friday, September 27. 1985
Dlstrlct ot Cotumbta' Register SEP' 2 'I 1985
maintain and reconstruct Key Bridge, Whitehurst Freeway, and
K Street, N.W., as shown on the plats' on file with the
District of Columbia Office of the Surveyor under S.O.
84230, Phase I and Phase II.
(3) The National Park Service shall authorize the
District to use existing storage areas and public works
facilities until . they are relocated to suitable sites by
mutual agreement by the parties;
(4) The exchange of letters shall include
conditions, including a reversion of jurisdiction to the
District of Columbia, which fully protect the District of
Columbia in the event either of: (A) Amendment or
cancellation of the January 7, 1985, deed between Washington
Harbour Associates, Georgetown Potomac Company, Mount Clare
Properties (D.C.) Inc., and the United States of America;
or (B) failure of Washington Harbour Associates to provide
$1 million for the construction of a park below K Street,
N.W., west of 31st Street, N.W.;
(5) The transferred land shall be used only for
public park and related purposes;
(6} The National Park Service and the District of
Columbia shall cooperate in finding alternative sites for
affected public services and in planning the development of
the park;
(7) The District of Columbia shall assign existing
leases to the National Park Service and the National Park
Service shall dedicate, through whatever means practicable,
any revenues from those leases to park development and
3
5516
HeinOnlino -- 32 D.C. Re11. 5516 Frldnv, September 27, 1985
,,
Olsbtt of Columbia
maintenance;
SEP 27 1985
(8) The National Park Service shall accept the
property in the condition it is in at the time of transfer;
and
(9) The National Park Service shall aaaume
responsibility to repair, maintain, and protect all wharves,
piera, bulkheade, and similar structures that are located on
Sec. 4. Prior to the transfer of juriadiction of
property authorized by this resolution, the Mayor shall
develop a plan that provides for adequate enforcement of
parking regulations and for adequate off-site parking to
assure that the surrounding community ie not impacted
adversely by any lose of parking spaces as a result of this
transfer.
Sec. 5. Upon adoption of this resolution by the
Council of the District of Columbia, the Secretary the
Council shall transmit a copy to the Mayor of the District
of Columbia, to the Surveyor of the District of Columbia, to
the Chairperson of the National Capital Planninq Commission,
to the Speaker of the United -States House of
Representatives, to the President Pro Tempore of the United
States Senate, and to the Regional Director of the National
Park Service.
Sec. 6. Thie resolution shall take effect immediately.
5517
HcinOnlinc 32 D.C. Re". 5517 f ridav, Scptcmber 27. 19!!5
IGM!lNail - Fwd: Unannouneod Visits by NPS Ofl lclals at J!lck's Boathouse
Fwd: Unannounced Visits by NPS Officials at Jack's Boathouse
LeBel, Steve <ste\.e_lebel@nps.goV> Wed, Feb 13, 2013 at 1:27 PM
To: Steve Whitesell <Steve_Whitesell@nps.goV>, Lisa Mendelson <lisa_mendelson-ielmini@nps.goV>
From: Lackey, Meli ssa <melissa.lackey@sol.doi.goV>
Date: Wed, Feb 13, 2013 at 12:19 PM
Subject: Re: Unannounced Visits by NPS Officials at Jack's Boathouse
Charl es:
I was advised by my client that several National Park Sel"-ice representatiWJs went to inspect some lots in
Georgetown Waterfront Park Monday, not including the property on which your client's facility is located, and
their vehicle dropped them in the parking lot adjacent to your client 's facil ity. I was told Mr. Simkin noti ced them
and invited them in for coffee, but the NPS personnel declined and went on their way. No discussion of the
pending lawsuit took place.
I didn't obtain any information about the Park Police interaction with an employee of your client last week, but
speculate that the encounter occurred in the ordinary course of patrolling the Park.
The Park Se!"-ice has no desire to interfere with your cli ent's operations, but reserves the right to enter onto the
property if circumstances warrant.
Melissa Lackey
Attorney Advisor
Mail Stop 5311
Phone: 202 513-0733 Fax: 202 208-3877
recipient, you are hereby noti fied that any dissemination, distribution, copying or use of this e-mail or its contents
is strictly prohibited. If you received this e-mail In error, please notify the sender Immediately and destroy all
copies.
113
FWd: Unannounced Visits by NPS Orficials at Jack's Boathouse
On Mon, Feb 11, 2013 at 4:02 PM, Charles H Camp <ccamp@charlcscamplaw.com> wrote:
Dear Melissa,
My client just informed rne that N PS officials, including Mr. Whitesell, came by Jack's Roath0tL.,c
unannounced today. Please see attached photograph.
Similarly, last week, a Nationa l Park policernan, who did not identity himself, appeared outside of Jack' s
. Boathouse and questioned one of my client's employees without any notice to my office.
If anyone at the N PS would like to ask my client or any of its employees any questions, I would ask you
to contact me. Dming the litigation) as you suggestedi the commlU1ications sho1tld be through counsel
Sincerely,
Charles
LAW OFFICES OF
CHARLES H CAMPPC
Charles H. Camp
Suite 115G
ttps ://mail.900919. com/mall/bl 152/u/O/?ui=2&ik=f 534 768664&v lew=pt&cat=Jnck's Boathouse&soarchs . 2/3
/GM!lf4all - Fwd: . Unannounced Visits by NPS Olflclals at Jack's Boathouse
Tel 202.457.7786
Fax 202.457.7788
Cell 301.461.0283
w ww .charlescam plaw .com
Ste'A!! LeBel
National Capital Region. National Park Service
Phone: (202) 619-7072
Fax: (202) 6 9 ~ 7 5 7
recipi ent, any use. dissemination, distribution, or copyi ng of this communication is prohibited. If you recei\ this
ttps:/lmall.google.com/mail/b/152/u/Oi?ul 2&1k fS34768664&view=pt&cat: Jack's Boathouse&search= .. 313
ll2RIZIA40R ~ Latest FAQs for Georgetown boat rental and storage RFC
Latest FAQs for Georgetown boat rental and storage RFQ
Mummart, Jennifer <jennifer_mummart@nps.goV> Mon, Feb 11 , 2013 at 9:18 AM
To: Steve Whitesell <Steve_Whitesell@nps.goV>. Lisa Mendelson <lisa_mendelson-ielmini@nps.goV>. Steve LeBel
<steve_lebel@nps.goV>, Tara Morrison <tara_morrison@nps.goV>, Melissa Lackey <melissa.lackey@sol.doi.goV>,
Debra Hecox <debra_hecox@nps.goV>, Suzanne Waldron <Sue_Waldron@nps.goV>, Jeffrey Olson
<jeffrey _olson@nps.goV>, Jennifer Anzelmo-Sarl es <jenny _anzelmo-sarles@nps.gov>
Good morning,
Attached is the latest information related to the Georgetown boat rental and storage RFQ. It has been reviewed
by the subject matter experts in law and concessions. Since the RFQ closed on February 6, we have received no
media inquiries about the status of the process (or any aspect of the issue, for that matter).
Thanks,
Jennifer
Jennifer Mummart
(acting) Associate Regional Director for Communi cations
(202) 619-7174
www.nps.gov
The National Park Service cares for special places saved by the American people so that all may experience our
heritage.
~ 2013 02 11 Boathouse RFQ FAQs.docx
21K
t tps :// m ai I. googlo. com/ mal II b/ 152/u/O/?ui=2&ik =f 534 768664&v lew=pt&cat =J aeK' s Bom house&s earch= ...
111
How many parties responded to the RFQ?
The NPS does not provide thi s information until after a contract is awarded. After a contact is
awarded, we will make this information available.
Why doesn't the NPS provide the number of responses received'!
Revealing the number ofresponses could potentially put the NPS at a competitive disadvantage
during negotiations.
Did Paul Simkin or Jack's Canoes & Kayaks, LLC respond?
The NPS docs not release the names of individuals or business that may or may not have
responded to the RFQ.
Who will review the responses to the RFQ'?
A multidisciplinary team of NPS staff who have expertise in business management, park
operations, and law and policy will review the responses. The team comprises subject matter
experts who have not been involved with the cu1Tent operation.
What is the difference between an RFQ and a Prospectus?
An RFQ is a means of identifying parties that might be interested in a temporary concession
contract with the NPS for a particular business opportunity, and evaluating their respective
qualifications to operate that business. This contract will be issued for a term of two years. A
Prospectus is a thorough description of a longer term, competitively awarded concession contract
to provide visitor services within a national park.
What is the NPS going to do about the lawsuit'?
The NPS will defend its position vigorously. Unless an injunction is entered against the NPS, it
will proceed to award a contract by the end of February.
What happens if the injunction is awarded to .Jack's Canoes & Kayaks, LLC?
The NPS wi ll comply with the terms of any cou1t order.
What happens if the injunction is denied?
The NPS will continue to move forward with evaluating responses to the RFQ and awarding a
contract.
Does the lawsuit disqualify .Jack's Canoes & Kayaks, LLC from being awarded the
contract'!
No.
Does the NPS think Jack's Canoes & Kayaks, LLC will win the lawsuit?
The NPS does not comment on active or potential litigation. The NPS has not yet been served
with the suit.
128/ 14
Letter from FHWA regarding the transfer of Georgetown waterfront
Stidham, Tammy <tarnmy_stidham@nps.goV> Mon, Feb 11, 2013 at 9:07 AM
To: Peter May <Peter_May@nps.goV>, Ste\.e Whitesell <steve_whitesell@nps.goV>, Lisa Mendelson-lelmini
<Lisa_Mendelson-lelmini@nps.goV>, Tara Morrison <Tara_Morrison@nps.goV>, Ste\.e LeBel
<Ste\.e_LeBel@nps.goV>, Jennifer Mummart <jennifer_mummart@nps.goV>, Melissa Lackey
<melissa. lackey@sol.doi.goV>
o l k s ~
After much digging, a friend at FHWA was able to find for us the letter from FHWA to DC that provided approval
for the transfer of land in Georgetown to NPS for park purpose and alleviate the requirement of the District to
repay FHWA for the funds. I have also posted on Drive with the other files.
Tammy
Tammy Stidham
11 00 Ohio Drive SW Room 228
voice - (202)619-7474
cell - (202)438-0028
fax - (202)401-0017
tammy_stidham@nps.gov
~ 1999 FHWA Letter.pdf
158K
ttps :l/mell.google.com/mail/bl 162/u/O/?ul112&1k =f 534 768664&v low=pt&cat Jack's Boathouse&soarch=.,.
1/ 1
,-
- - - ----- ------- r
Mr. Art Lawson
Acting Director
DC Department of Public Works
2000 14th Street, N.W.
Dear :Mr. Lawson:
. .
HD A-DC
February 2, 1999
:
-
{)
/j
5
The Federal Highway Administration (FHW A) has received your January 28, 1999,
resubmission for disposition of property and waiver of payback requirements for property
previously acquired for the withdrawn Interstate I-266 project. FHW A fully supports the DC
Department of Public Works' (DC DPW) proposal to transfer the subject property to the National
Park Service for use as a public water.front park. The proposal to use this property as a public
wa._iy_e
purchased using Federal-aid highway funds are no longer needed for transportation purposes.
FHW A agrees with DC DPW that the ciitical issues identified in former Division Administrator
Hill's December 20, 1988 letter, that previously delayed this transfer, are now resolved.
DC DPW's resubmission and attaclunents, documents DC DPW's intent and provides the
necessary details to assure a transfer that is in the publics overall best interests. After reviewing
the resubmission, and recently discussing the transfer with members of your staff and National
Park Service, FHWA concurs with DC DPW's proposal to transfer the subject property to
National Park Service for use as a park.
'
In accordance with 23CFR480.107(b )(2), pse of property for, "A public conservation or public
recreation purpose" is eligible for a waiver of the payback provision. Fm-thermore,
-more-
Fann DOT F 1320.6SA (Rey, 5183) . . i . : : : . .
Supersedes previous edition ... "
COllCUftftOICD

f.\.Ofi-0 (.
--.-

---
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23CFR480.107(b)(3) of payback fol' uses FHWA to be a
public purpose in the public interest. We believe your proposal satisfies both of these
requirements and grant appr.oY;a:l fora waiver of payback. , ..
If you have any additional infonnation, please rne .\:'>t' Walt Adams.
File:
WA:cm
....\., :. ', ::..
.
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Sincerely,

James A. Cheatham .....
Division Administrator ; :;
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DOT F 1320.SllA" (Rev. 5/83)
)uporsedes previous edition
1., : , ( . :, :;
GOVERNMENT OP THE DISTRI CT OF COLUMBIA
DEPARTMENT OF PUBl.IC WORKS
OFFICE:: OF THE DIRECTOR
12021 939 6000
Mr. James Cheatham
Division Administrator
District of Columbia Division
Federal Highway Administration
Union Center Plaza
Suite 750
820 First Street, N.E.
Dear Mr. Cheatham:
2000 14TH 5TRltE:T, N.W,
6TH ~ O O R
WASHINGTON, 0,C:. 20009
JAN 2 8 1999
In letters dated January 18, 1985.and October 8, 198.5, the District of Columbia
Department of Public Works requested Federal Highway Administration (FHW A) approval of the
disposal of property originally purchased for construction of the Potomac River Freeway
(Federal-Aid Project No. I-266). In response, in a letter dated December 20;1988, FHW A
identified certain issues which required resolution before the requested transfer and associated
waiver of payback could be approved. The significant issues in question were:
Replacement park land needs associated with mitigating the impacts of the Barney Circle
Freeway Modification project, and
Construction staging area needs associated with the reconstruction of the Whitehurst
Freeway.
The recent completion of the Whitehurst Freeway Rehabilitation and the planned transfer
of Barney Circle Freeway Modification fonds have resolved these issues. Therefore, the
Department of Public Works herein resubmits the original requests for disposition of the
referenced property and waiver of the payback requirement.
Enclosed herewith is comprehensive documentation of the details of the transfer,
including:
--------- .. - ..
]
.
.. - .. - - .. --- ---------
--- -----...-----
Agreement between the National Park Service and the District
Easement provisions
Georgetown Waterfront Plan
Provisions for existing leases and associated revenues
Local land transfer approvals
Your prompt approval of the transfer and waiver of payback would be appreciated. It is
our belief that it is in the public's interest to develop the Georgetown Waterfront into a park as
quickly as possible. The transfer of the land to the National Park Service is the first critical step
toward preservation of this invaluable waterfront property for public recreation.
Sincerely,
------------- -----
17811INT OF THE INTERIOR Mall - Latest talking points on boathouse RFQ
Latest talking points on boathouse RFQ
Mumma rt, Jennifer <j ennifer_mummart@nps.gov.> Fri , Feb 8, 2013 at 1 :49 PM
To: Lisa Mendelson <li sa_mendelson-ielmini@nps.gov.>, Melissa Lackey <melissa. lackey@sol.doi.gov.>, Steve
LeBel <steve_lebel@nps.gov.>, Ste\ Whitesell <Steve_Whitesell@nps.gov>, Tara Morrison
< tara_morrison@nps.gov.>
I think this version addresses everyone's comments. Please let me know whether you have additional concerns,
and then I think we are ready to send to WASO COMM.
Thanks,
Jennifer
Jennifer Mummart
(202) 619-7174
www.nps.gov
heritage.
2013 02 08 Boathouse RFQ FAQs.docx
21K
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How many parties responded to the RFQ'?
The NPS does not provide this information until after a contract is awarded. After a contact is
awarded, we will make this information available.
Why doesn't the NPS provide the number of responses received?
Revealing the number of responses could potentially put the NPS at a competitive disadvantage
during negotiations.
Did Paul Simkin or Jack's Canoes & Kayaks, LLC respond?
The NPS is prohibited from releasing the names of individuals or business that may or may not
have responded to the RFQ.
Who will review the responses to the RFQ'!
A multidisciplinary team ofNPS staff who have expertise in business management, park
operations, and law and policy will review the responses. The team comprises subject matter
expe11s who have not been involved with the current operation.
What is the difference between an RFQ and a Prospectus?
An RFQ is a means of identifying parties that might be interested in a temporary concession
contract with the NPS for a particular business Opportunity, and evaluating their respective
qualifications to operate that business. This contract will be issued for a term of two years. A
Prospectus is a thorough description of a longer term, competitively awarded concession contract
to provide visitor services within a national park.
What is the NPS going to do about the lawsuit?
The NPS will defend its position vigorously. Unless an injunction is entered against the NPS, it
will proceed to award a contract by the end of Febrnary.
What happens if the injunction is awarded to Jack's Canoes & Kayaks, LLC?
The NPS will com.ply with the terms of any comt order.
What happens if the injunction is denied'?
The NPS wi ll continue to move forward with evaluating responses to the RFQ and awarding a
contract.
Does the lawsuit disqualify Jack's Canoes & Kayaks, LLC from being awarded the
contract?
No.
Docs the NPS think Jack's Canoes & Kayaks, LLC will win the lawsuit?
The NPS does not comment on active or potential litigation. The NPS has not yet been served
wHh the suit.
Em'a>R Mail FYI 10.9.06 Jack's Boat Houso Customer Service Complaint
FYI 10.9.08 Jack's Boat House Customer Service Complaint
LeBel, Steve <ste\.19_lebel@nps.goV> Fri, Feb 8, 2013 at 9:07 AM
To: Ste1.e Whitesell Lisa Mendelson <lisa_mendelson-ielminl@nps.goV>, Philip Selleck
<Philip_Selleck@nps.goV>, Jennifer Mummart <jennifer_mummart@nps.goV>, Tara Morrison
<Tara_Morrison@nps.goV>
This was brought to my attention this morning by Mr. McDowney.
Ste\.e LeBel
Phone: (202) 619-7072
Fax: (202) 619-7157
for the use of the individuals to whom it is sent. Any privi lege is not by virtue of this having been sent by
e-mail. If the person actually receiving thi s message or any other reader of this message is not a named
recipient, any use, dissemination, distribution, or copying of this communication is prohibited. If you recei \.19 this
2 attachments
t:j 10.9.08 Jack's Boat House Customer Service Complaint.pdf
326K
t3 10.9.08 Jack's Boat House Customer Service Complalnt.pdf
326K
tips ://mall.google. com/maillb/ 152/u/O/?ul2&1k=f 534 766664&v leW"pt&cat =Jack's Boathouse&search= ... 111
(b) (6)
(b) (6)
Deur Steve -
To: steve_lebel@nps.gov
cc;
Subject: Jack's Boathouse I Confidentlal I Not intended for release or forward
The summer is becoming fall too quickly! What happened? Just a few days ago it was over
eighty degrees, now the temperature is barely breaking sixty.
All in all, it was a really good smmner. In fact, it was easily the best in Jack's history. Everyone
came together this year to make the place a destination that we could all be proud of. I hope you
had a chance to watch the piece on Jack
1
1> that the Travel Channel shot. According to those folks,
the boathouse is one of the "top ten" places to go in the DC area.
We owe a large part of any success we have to the NPS in general, and your office in particular,
for giving us the opportunity and the guidance to improve every aspect of the operation. Thank
you for that.
In speaking to you at the end of last week you mentioned that you had received an email from
some folks that suggests that they had a less than wonderful experience on the river. I've had a
chance to review the email, as well as to chase down the facts of the matter. Let me first say, that
we consider our special relationship with the public to be a privilege and one that we hold very
dear. Anyone .. . anyone who has an experience that is marred in anyway by anything at Jack's
deserves an accounting of the situation, as well as our sincere promise to rectify the situation as
we move forward.
As a starting point, the following is as close an accounting of the day as possible. It follows from
the boathouse
1
s detailed action log, as well as the personal accounts of the staff n management.
Weather - 86 degrees f.
Water - 76 degrees f.
Rental customers for day - 768
Available boathouse deck seating - 36
Parking spaces - Aprox. 15
Jack
1
s employee and management uniform - Safety Orange shirts
Upon investigation, no employee or management person recalls any conversation with any visitor
regarding the use of the facilities for a private party that day. No such permission could be
granted by any Jack's employee, or manager since no reservations for space is ever required.
Jack's does not require any visitor to reserve space, or rent any product. Use of the property has
always been successfully governed by the visitor's themselves and overseen by Staff. Certainly,
it is the hope of Management that the primary users of the facility and parking be for those there
to personally enjoy the boating experience, but no restrictions are made. Two signs in p l c ~
during the season state the following" Please feel free to use this area. We ask that you be
respectful of other's enjoyment as well.''
It should be noted that during the day a member of the Group mentioned candidly to
Management that "We wanted to party at the new place [Georgetown Waterfront Park] but the
cops there wouldn't Jet us with a group this big since we didn't have a permit."
The day was an especially busy one. One of the largest by volume for the season. Well over 700
kayak seats where rented by the staff.
Early in the day a group of approximately eight people came down and said they where intending
to meet up with some friends and go paddling together (Group). They took seats at the deck.
Within one hour the group numbered 27 people. When asked by JD Management (Management)
as to the time they chose to rent, a spokesperson for the Group stated, "later, we'll let you know."
Several other rental groups arrived that afternoon. At least two of the groups (DC. International
Club) and GU Outdoor education where unable to find space on the deck since 27 of the
available seats where in use. Additionally, the Group used 9 of the 15 parking spaces.
Six separate complaints where lodged with Management for the refusal of Group members to
reasonably share the facilities.
Two hours into the Group's visit, Management again inquired tu the same spokesperson as to
rental expectations. Management was advised by t ~ t spokesperson that they would be renting,
"soon."
Jack's staff (Staff) where assigned at two separate times by Management to recover items thrown
overboard by members of Group (foam ice chest and large disposable aluminum chafing dish).
Staff was also assigned, following a customer complaint, by Management to extract a roasted
chicken carcass and asso11ed chicken paits from a Porta-John toilet where they had become
wedged making the use of the toilet impossible. The roasted chicken carcass recovered strongly
resembled similar items eaten by Group.
At a slightly later time, a customer advised Management that a great deal of hidden beer drinking
was taking place by the increasingly boisterous Grnup.
M'magement reviewed the scene and advised several members of Group that they would have to
leave the area if drinking was taking place. Members of the Group obliged the request. (Please
note thut at least fifty empty beer bottles where later recovered from deck area and river by Staff).
Two additional actions took place at that time.
I) Group spokesperson was again queried as to specifics ofrental plan. Response was
that ALL would be renting and approximately 17 boats would be required.
2) A passing Park Police cruiser ofilcer was flagged down by Management on Water
Street and asked for advice. Male officer suggested that the Group should be told to
"either rent 01 leave."
For safety reasons Management asked two Staff members to remain overtime to assist with
Group. Management than brought releases to the group for the boats previously requested.
Management was than advised by a Group spokesperson that no boats where needed, that the
Group of27 where just there to have a good time. At that time, Management invited all
members of the Group to leave. Management additionally advised Group members that there
actions over the cotuse of four hours that <lay made it difficult for other customers to enjoy the
facility and that while Jack's tries to welcome all visitors the Group had overstayed their
welcome and frankly Jack's hospitality.
Steve, I hope you understand that Jack's in no way want to discourage the peaceful enjoyment of
the place by alJ people. This particular group was truly quite a handful. It is our (my) sincere
belief that as much was done as possible to assist and provide a positive experience for them. In
furtherance of that goal, Jack's lost business that day and alienated other customers hoping to use
lhe facility for paddling. Renters where forced, for most of the day, to meet in the parking lot.
Additionully, most of the available parking was Jost that day to the group. It was necessary that
addi tional resources where paid to manage the situation. All of the above was to the general
detriment of the public as a whole.
All of that said we feel awful that this was dropped in your lap. Therefore, we would like to
restore the goodwill and faith of all by offering our sincere apologies for any misunderstanding
on our part that day. We would also like to offer to members of that group an opportunity to
come back as our guests. We will be happy to provide free day rentals to all membexs of the
group. Additionally, Jacks would be happy to provide any and all members of the group wilh a
written apolog-y for any misunderstanding on our part.
Please Jet me know what else we can provide to you to make this difficult situation easier. Thank
you.
Sincerely,
Jacks I Paul Simkin
Paul Simkin
202-716M7700
psimkin@gr:nail.com
(b) (6)
(b) (6)
(b) (6)
fmlt1ENT OF THE INTERI OR Mail . Ro: Latest Jack's talking points draft
Re: Latest Jack's talking points draft
Whitesell, Steve <stew_whitesell@nps.goV> Fri, Feb 8, 2013 at 7:25 AM
Cc: Lisa Mendelson <lisa_mendelson-ielmlni@nps.goV>, Jennifer Anzelmo-Sarles <jenny_anzelmo-
sarles@nps.goV>, Stew LeBel Tara Morrison <tara_morrison@nps.goV>
Jennifer
I understand why we term this a temporary contract, but the term is likely to be confusing to the publ ic. In as
much as it is a contract, could we just call it that??
On Thu, Feb 7, 2013 at 5:53 PM, Mummart, Jennifer <j ennifer_mummart@nps.gov> wrote:
Hi all ,
Please review this document , which includes edits from Melissa. She also suggested that we run by WASO
Comm, which we can do when these are considered final from our perspecti'.e.
Please note where she is looking to confirm dates and timeframes .
. Thank you,
Jennifer
Jennifer Mummart
(acting) Associate Regional Di rector for Communications
(202) 619-7174
www.nps.gov
The National Park Service cares for special places sa1.ied by the American people so that all may experience
our heritage.
llps://mail.googlo. com/mall/bl 152/u/Ol?ul;;;2&1k;:f 534 768664&v iew=pt&cat =Jack's Boauiouse&search;;, . 1/1
128/ 14 DEPAOMENT OF THE INTERIOR M!!ll - Re: Heads Up - Twice
Re: Heads Up - Twice
Margaret O'Dell <peggy_o'dell@nps.gov> Thu, Feb 7, 2013 at 6:23 PM
I remember! Well he is certainly experienced and he will be able to do any job in NPS after this experience and
so will you. I bet that has been your aspi ration all along!
Sent from my iPhone
On Feb 7, 2013, at 5:39 PM, Steve Whitesell <ste1.oe_whitesell @nps.gov> wrote:
I asked Bob if he had any time since arriliing when he wasn't just getting over or in a contro1.oersy.
He reminded me it began while in route to the job!
On Feb 7, 2013, at 5:00 PM, Margaret O'Dell <peggy_o'dell@nps.go\/.> wrote:
You poor guys. Thanks for trying to get answers quickly
Sent from my iPhone
On Feb 7, 2013, at 3:48 PM, "Whitesell , Steve" <steve_whitesell@nps.go\/.> wrote:
Peggy
Two issues for your information.
We have disturbing news that the Lincoln Reflecting Pool appears to be
leaking. The Service Center is on task evaluating the conditions and
trying to determine cause and potential remedy. A quick re\1ew has
indicated what appears to be extensive failure in the expansion joints.
The water le1.oel now appears to be stable (about 6" lower than the
coping where it should be), so it is not apparent to the public that there
is a problem. My understanding is that Sam Whittington reached out
to Vic. At this point, it is impossible to fully determine the extent of
failure and proposed remedy. We are, however, working up a proposed
plan of action to outline how we are going to evaluate the problem. We
recognize the likelihood of adverse press and have already started to
develop a communications plan that proactlvely works through this
issue. As I get answers I'll make sure they are passed along.
We opened the responses to the RFQ for Nonmotorized Boat Rentals
(Jack's) this morning. We have a total of 6 proposals including several
companies we believe can proliide the appropriate facilities/operations.
GSI Is one of these. Paul Simkin did not submit a proposal. The
proposals are being sent out to the IMR whose staff will do an analysis
of which of the proposals are qualified offers. The qualified offers will
then be sent to a multi-discipl inary evaluation team who will evaluate
tlps :/ l mall .google.com/m!!ll/b/152/u/O/?ui=2&ik=f 534 768664&v lcW"pt&cat J ock's Boathouse&search= . . . 112
126/14 UE:PAR TMENT OF THE INTERIOR Mall Re: Heads Up - Twice
each proposal against the criteria outlined in the RFQ. We remain on
track for making a recommendation to Jon by late February. Simkin's
lawyer has asked us whether any proposals have been received and
whether the NPS intends to continue to pursue selecting a
concessioner by the end of the month. His request has been forwarded
to Melissa Lackey in the Solicitor's Office who is handling Simkin's
lawsuit against us.
Steve
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128/14 DEPARTMENT OF THE INTERIOR Mall Re: Heads Up - Twico
Re: Heads Up - Twice
Steve Whitesell <ste-.e_whitesell @nps.goV>
To: Margaret O'Dell <peggy_o'dell@nps.gov.>
Thu, Feb 7, 2013 at 5:39 PM
I asked Bob if he had any time since arriving when he wasn't just getting over or In a controversy. He reminded
me it began whi le in route to the job!
On Feb 7, 2013, at 5:00 PM, Margaret O'Dell <peggy_,o'doll @nps.gov.> wrote:
Sent from my iPhone
On Feb 7, 2013, at 3:48 PM, "Whitesell , Ste-.e" <steve_whitosell @nps.gov> wrote:
Peggy
We ha-.e disturbi ng news that the Lincoln Reflecting Pool appears to be leaking. The
Ser.;ce Center is on task evaluating the conditions and trying to determi ne cause and
potential remedy. A quick review has indicated what appears to be extensi-.e failure
in the expansion joi nts. The water le1.oel now appears to be stable (about 6" lower
than the coping where it should be), so it is not apparent to the public that there is a
problem. My understanding is that Sam Whittington reached out to Vic. At this
point, it is impossible to fully determine the extent of fai lure and proposed remedy.
We are, howe1.oer, working up a proposed plan of action to outline how we are going
to evaluate the problem. We recognize the l ikeli hood of ad-.erse press and have
already started to de-.elop a communications plan that proacti1.oely works through this
issue. As I get answers I'll make sure they are passed along.
We opened the responses to the RFQ for Nonmotorized Boat Rentals (Jack's) this
morning. We have a total of 6 proposals including several companies we believe can
provide the appropri ate faciliti es/operations. GSI is one of these. Paul Simkin did
not submit a proposal. The proposals are being sent out to the IMR whose staff wi ll
do an analysis of which of the proposals are qualifi ed offers. The qualified offers will
then be sent to a multi-disciplinary evaluation team who will evaluate each proposal
against the criteri a outlined in the RFQ. We remain on track for making a
recommendation to Jon by late February. Simkin's lawyer has asked us whether any
proposals ha-.e been receiwid and whether the NPS intends to continue to pursue
selecting a concessioner by t he end of the month. His request has been forwarded
to Melissa Lackey in the Solicitor's Office who is handling Si rnkin's lawsuit against
us.
Steve
tips: II rn all.google. com/ m ail/b/ 162/u/O/?ui=2&ik =f 534 768664&v levr-pt&cat =Jack' s Boat house&s earch= ... 1/1
126/14 DEPARTMENT OF THE INTERIOR Mall Re: Heads Up - Twi ce
Re: Heads Up Twice
Margaret O'Dell <peggy_o'dell@nps.goV> Thu, Feb 7, 2013 at 5:00 PM
To: "Whitesell , Steve" <steve_whitesell@nps.goV>
Sent from my iPhone
On Feb 7, 2013, at 3:48 PM, "Whitesell , Steve" <steve_whitesell@nps.goV> wrote:
Peggy
We have disturbing news that the Lincoln Reflecting Pool appears to be leaking. The Service
Center is on task evaluating the conditions and trying to determine cause and potential remedy. A
quick re'lli ew has indicated what appears to be extensive failure in the expansion joints. The water
level now appears to be stable (about 6" lower than the coping where it should be), so it is not
apparent to the public that there is a problem. My understanding is that Sam Whittington reached
out to Vic. At this point, it is impossible to fully determine the extent of fai lure and proposed
remedy. We are, howe\.r, working up a proposed plan of action to outline how we are going to
evaluate the problem. We recognize the likelihood of adverse press and have already started to
de\.lop a communications plan that proactively works through this issue. As I get answers I'll
make sure they are passed along.
We opened the responses to the RFQ for Nonmotorized Boat Rentals (Jack's) this morning. We
ha\. a total of 6 proposals including several companies we believe can provide the appropriate
facilities/operations. GSI is one of these. Paul Simkin did not submit a proposal. The
proposals are being sent out to the IMR whose staff will do an analysis of which of the proposals
are qualified offers. The qualified offers will then be sent to a multidisciplinary evaluation team who
will evaluate each proposal against the criteri a outlined in the RFQ. We remain on track for making
a recommendation to Jon by late February. Simkin's lawyer has asked us whether any proposals
have been received and whether the NPS intends to continue to pursue selecting a concessioner
by the end of the month. Hi s request has been forwarded to Meli ssa Lackey in the Solicitor's
Offi ce who is handling Simkin's lawsuit against us.
Steve
llps ://mall.google, com/mail/bi 152/u/O/?ui" 2&1k f 534 766664&v iew=pt&ciit.,Jock's Boathouso&search=.,, 1/1
DEPARTMENT OF THE INTERIOR Mall Heads Up -Twice
Heads Up -Twice
Whitesell, Steve <steve_whitesell@nps.gov>
To: Margaret O'Dell <peggy _o'dell @nps.goV>
Peggy
It
Thu, Feb 7, 2013 at 3:48 PM
We have disturbing news that the Lincoln Reflecting Pool appears to be leaking. The Ser.ice Center is on task
evaluating the conditions and trying to determine cause and pot ential remedy. A quick review has indicated what
appears to be extensive failure in the expansion joints. The water level now appears to be stable (about 6" lower
than the coping where it should be), so it is not apparent to the public that there is a problem. My understanding
is that Sam Whittington reached out to Vic. At this point, it is impossible to fully determine the extent of failure
and proposed remedy. We are, however, working up a proposed plan of action to outline how we are going to
evaluate the problem. We recognize the likelihood of adverse press and have already started to develop a
communications plan that proacti'.-ely works through this issue. As I get answers I'll make sure they are passed
along.
We opened the responses t o the RFQ for Nonmotorized Boat Rental s (Jack's) this morning. We ha\ a total of 6
proposals including several companies we believe can provide the appropriate facil ities/operations. GSI is one of
these. Paul Simkin did not submit a proposal. The proposals are being sent out to the IMR whose staff will
do an analysis of which of the proposals are qualified offers. The qualified offers will then be sent to a multi-
disciplinary evaluation team who will evaluat e each proposal against the criteria outl ined in the RFQ. We remain
on track for making a recommendation to Jon by late February. Slmkin's lawyer has asked us whether any
proposals have been recei'.-ed and whether the NPS intends to continue to pursue selecting a concessioner by
the end of the month. His request has been forwarded to Melissa Lackey in the Solicitor's Office who is handling
Simkin's lawsuit against us.
Steve
1/1
IH/il 4 with the National Park Service re Jack's Bo ...

E1t
Re: Communications with the National Park Service re Jack's Boat House
Charles Camp <ccamp@charlescampl aw.com> Thu, Feb 7, 2013 at 12:56 PM
To: "Lackey, Melissa" <melissa. lackey@sol.doi.gov.>
Cc: Whitesell Lisa Mendelson <lisa_mendelson-ielmini@nps.gov.>, Ste1.e LeBel

Dear Melissa,
Thank you for your emal l.
I would appreciate your confirming whether any responses to either of the RFQs to take Jack's Boathouse
were recei'A;!d by the NPS, and whether it is sti ll the intention of the NPS to a concessionaire in place by
the end of this month?
Best regards,
Charl es
Charles H. Camp
Suite 115G
Tel 202.457. 7786
Fax 202.457. 7788
Cell 301.461. 0283
www.charl escamplaw.com
On Feb 7, 2013, at 11 :19 AM, "Lackey, Mel issa" <melissa. lackey@sol.doi.gov.> wrote:
Dear Mr. Camp:
As you recently fi led a lawsuit on behalf of your client, Jack's Canoes and Kayaks, LLC, against
the National Park Service, please refrain from communicati ng directly with any Park Service
personnel wit h respect to that matter. When the Service has been seMd with the Compl aint,
please direct your communications through the assigned Assistant United States Attorney.
Melissa Lackey
Attorney Advisor
Mail Stop 5311
This e-mai l (including any and all attachments) is intended for the use of the indi\idual or entity to
whi ch it is addressed. It may contain informat ion that is privileged, confidential or ot herwi se
responsible for of this e-mail to the Intended recipient , you are hereby notified that any
ttps :/lmail.google. com/ maillb/152/u/O/?ui=2&1k=f 534 768664&v lew-pt&cat=Jack's Boalhouse&search= ... 1/2
l ooti14 Re: Comn1unicatlons with tho Natloni;il Park Serv Ice re J11ck's Bo ...
dissemination, distribution, copying or use of this e-mail or Its contents is strictly prohibited. If you
r e e i ~ d this e-mail in error, please notify the sender immediately and destroy all copies.
Ups ://mail.google. comlm1111/b/152/u/O/?ul" 2&1k: f 534 768664&v leW"pt&cat =Jack's Boathouse&saaroh .. ,
2/2
llltilit 4 Fwd: Communications Wiltl tho N(ltional Piirk Service re Jack's B ...
II
Fwd: Communications with the National Park Service re Jack's Boat House
Lisa Mendelson <lisa_mendelson-ielmini@nps. goV> Thu, Feb 7, 2013 at 11 :38 AM
To: Tara Morrison <tara_morrison@nps.goV>, Tammy Stidham <Tammy _Stidham@nps .goV>, Peter May
<Peter_May@nps.goV>, Doug Jacobs <Doug_Jacobs@nps.goV>, Jmum <jennifer_mummart@nps.goV>
Cc: Ste\\3 Whitesell <SteV_Whitesell@nps.goV>, Steve LeBel <SteV_LeBel@nps.goV>
FYI you all, too
Sent from my iPhone
From: "Lackey, Melissa" <meli ssa. lackey@sol.doi.goV>
Date: February 7, 2013, 11 :19:35 AM EST
To: ccamp@charlescamplaw.com
Cc: S t e ~ Whitesell <ste\._whitesell@nps.goV>, Lisa Mendelson <lisa_mendelson-ielmini@nps.goV>, Ste\.
LeBel <ste\e_lebel@nps.goV>
Subject: Communications with the National Park Service re Jack's Boat House
Dear Mr. Camp:
As you recently fil ed a lawsuit on behalf of your client, Jack's Canoes and Kayaks, LLC, against the National
Park S e ~ c e please refrain from communicating directly with any Park Service personnel with respect to that
matter. When the Sel'\iice has been seMd wi th the Complaint, please direct your communications through the
assigned Assistant United States Attorney.
Melissa Lackey
Attorney Adllisor
Mall Stop 5311
you are not the Intended recipient or the employee or agent responsible for delivery of this e-mail to the intended
recipient. you are hereby notified that any dissemination, distribution, copying or use of this e-mail or its contents
is strictly prohibited. If you receiVd this e-mai l in error, please notify the sender Immediately and destroy all
copies.
ttps ://mall.9oogle.com/mail/b/ 152/u/O/?ul=2&1k ::f 534 768664&v lew=pt&cat =Jack's Boathouse&search= .. . 1/ 1
l lifllit4 Communications with tho Natlon31 Pnrk Service re Jack's Boal H ...
Communications with the National Park Service re Jack's Boat House
Lackey, Melissa <melissa.lackey@sol.do1.goV> Thu, Feb 7, 2013 at 11:19 AM
To: ccamp@charlescamplaw.com
Cc: Ste1ie Whitesell Lisa Mendelson <lisa_mendelson-ielmini@nps.goV>, Ste1ie LeBel
<stewi_lebel@nps .goV>
Dear Mr. Camp:
As you recently filed a lawsuit on behalf of your client, Jack's Canoes and Kayaks, LLC, against the National
Park Service, please refrain from communicating directly with any Park Service personnel with respect to that
matter. When the Service has been seMd with the Complaint, please direct your communications through the
assigned Assistant United States Attorney.
Melissa Lackey
Attorney Ad-.isor
1849 C Street NW. Room 5323
Mail Stop 5311
Washi ngton, DC 20240
addressed. It may contain Information that is pri-.ileged, confidential or otherwise protected by applicable law. If
you are not the Intended recipient or the employee or agent responsible for deli\1!!1ry of this e-mail to the intended
Is stri ctly prohibited. If you receh.ed this e-mai l in error, please notify the sender immediately and destroy all
copies.
ltps://mail. googlo. oom/m311/b/ 152/u/Q/?ul=2&ik=f 534768664&v low=pt&cat Jack's Boathouse&searoh= . 1/1
128/14 DEPARTMENT OF THE INTERIOR Mail - Fwd: RFQ Rosponses
Fwd: RFQ Responses
LeBel, Steve <ste..e_lebel@nps.goV> Thu, Feb 7, 2013 at 10:25 AM
To: Melissa Lackey <Mellssa.Lackey@sol.doi.gov>
Cc: Steve Whitesell <Ste1..e_Whitesell @nps.gov>, Lisa Mendelson <lisa_mendelson-ielmini@nps.gov>
Thanks for your direction this morning. Per your request, I am forwarding this and all future emai ls from Camp to
you for response.
--- - - Forwarded m e s s g e ~ ~
From: Charles Camp <ccamp@charlescamplaw. com>
Date: Thu, Feb 7, 2013 at 6:32 AM
Subject: RFQ Responses
To: Ste1..e LeBel <steve_lebel@nps.gov>
Ste1..e,
Please confirm whether any responses to either of the RFQs to take over Jack's Boathouse were recei1..ed by the
NPS. and whether it is still the intention of the NPS to have a concessionaire in place by the end of this month?
Sincerely,
Charl es
Charles H. Camp
Suite 115G
Tel 202.457.7786
Fax 202.457. 7788
Cell 301.461.0283
Steve LeBel
Phone: (202) 619-7072
Fax: (202) 619-7157
The information contained in t his message may be protected by attorney-client or other privilege. It is intended
for the use of lhe individuals to whom it is sent. Any pri vi lege is nol wai1..ed by virtue of this ha\.1ng been sent by
recipient, any use, dissemi nation, distribution, or copying of this communication is prohibited. If you recei1..e this
ttps ://mail. googla. com/mall/bl 162/v/O/?ui=2&1k =I 534 768664&v lewapt&catJ11ck's Boathouso&searoh .. 1/ 2
128/11, DEPARTMENT OF THE INTERIOR Mall Fwd: RFQ Responses
Ups ://mail.google.com/mail/b/152/u/O/?ul2&1ko:f 534768664&v lew=pt&cat=Jack's Boathouse&search= ... 212
Litigation Hold Notice re Jack's Canoes & Kayaks, LLC v. Nati ...
Re: Litigation Hold Notice re Jack's Canoes & Kayaks, LLC v. National Park
Service, et. al.
Mendelson, Lisa <llsa_mendelson-ielminl@nps.goV> Wed, Feb 6, 2013 at 10:17 AM
To: "Lackey, Melissa" <melissa.lackey@sol.doi.goV>
Cc: Steve LeBel <steve_lebel@nps.9011>, Steve Whitesell <steve_whitesell@nps.9011>, Peter May
<peter_may@nps.goV>, Tara Morrison <tara_morrison@nps.9011>, Elizabeth Tinker <liz_tinker@nps.gol/>, Tammy
Stidham <Tammy_Stidham@nps.9011>, Jennifer Mummart <Jennifer_Mummart@nps.9011>, Jeff Burrows
<Jeff_Burrows@nps.gol/>
Hi everyone.
FYI all - I'm adding a few names to this Notice of Litigation Hold - Elizabeth (Liz) Tinker (NCR concessions),
Tammy Stidham (NCR lands and planning), Jennifer Mummart (acting NCR communications chief), and Jeff
Burrows (IT chief).
Tara, if there are other folks in ROCR who should receive this please pass it along and cc me.
Please. all , read this closely and follow the instructions, including sending me an email to acknowledge that you
ha-.e received a copy of the Notice and understand its requirements.
As we re-learn each year during required training, this hold overrides all disposal/retention schedules
and requires us to hold all information that could be used as evidence.
Melissa, is there anything else you need at this time?
thanks, lisa
Lisa Me11d"lso11-le/111i11i, A ICP
202-619-7023 o trice
202-297- 1338 cell
On Tue. Feb 5, 2013 at 5:24 PM, Lackey, Melissa <melissa.lackey@sol.doi. goV> wrote:
Lisa:
As I indicated in my \.()icemail to you this afternoon, Randy Myers told me that you had ad\Ased him to send all
Litigation Hold Notice memos imol\Ang the National Capital Region to your attention. Accordingly, I have
attached one with respect to the Jack's Boat House suit filed last Thursday. As you will see, I indicated the
names of four other indi\Aduals who should definitely be notified, but I it to you to identify any others
(including the Region's IT contact for electronic discovery) and forward copies.
If you have any questions, please feel free to call me.
ltps :l/mall.google. com/mall/bi 1521u/O/?ui=2&ik =f 534768664&v iew=pt&cat,,Jack's Boathouse&soarch . , 1/2
Melissa Lackey
Attorney AdlAsor
. Mail Stop 531 1
Phone: 202 513-0733 Fax: 202 208-3877
This e-mail (Including any and all attachments) is intended for the use of the indhAdual or entity to which it is
addressed. It may contain information that is pri'vileged, confidential or otherwise protected by applicable law.
If you are not the intended recipient or the employee or agent responsibl e for delivery of this e-mail to the
intended recipi ent , you are hereby notified that any dissemination, distribution, copying or use of this e-mail or
its contents is strictly prohibited. If you received this e-mail in error, please notify the sender Immediately and
destroy all copies.
11&8/H.lllgatlon Hold Notice re J!lck's Canoes & Kayaks, LLC v. Nationa ...
Litigation Hold Notice re Jack's Canoes & Kayaks, LLC v. National Park
Service, et. al.
Lackey, Melissa <melissa. lackey@sol .doi.goV> Tue, Feb 5, 2013 at 5:24 PM
To: Lisa Mendelson <lisa_mendelson-ielmini@nps.goV>
Cc: Steve LeBel <steve_lebel@nps.goV>, Steve Whitesell <steve_whitesell@nps.goV>, Peter May
<peter_may@nps.goV>, Tara Morrison <tara_morrison@nps.goV>
Lisa:
As I Indicated in my \.Oicemail to you this afternoon, Randy Myers told me that you had advised him t o send all
Litigation Hold Notice memos in'X>lving the National Capital Region to your attention. Accordingly, I have attached
one with respect to the Jack's Boat House suit filed last Thursday. As you will see, I indicated the names of four
other lndllAduals who should definitely be notified, but I leave it to you to identify any others (including the
Region's IT contact for electronic discovery) and forward copies.
If you ha'.() any questions, please feel free to call me.
Melissa Lackey
Attorney AdlAsor
Mail Stop 5311
Phone: 202 513-0733 Fax: 202 208-3877
This e-mail (including any and all attachments) is intended for the use of the lndi\Adual or entity to which it is
addressed. It may contain Information that Is prllAleged, confidential or otherwise protected by applicable law. If
you are not the Intended recipient or the employee or agent responsible for e l i ~ r y of this e-mail to the Intended
recipient, you are hereby notified that any dissemination, distribution, copying or use of this e-mai l or its contents
is strictly prohibited. If you recei-..ed thi s e-mail in error, please notify the sender immediately and destroy all
copies.
~ Litigation Hold Memo 2 5 13.doex
30K
ttps ://mall.googlo. com/mall/bl 152/Li/O/?ul,,2&ikr f 534 768664&v lowept&cat.,Jaok's Boathouse&searoh., . 11 1
To:
cc:
Frorn:
Subject:
OFFICE Of THE SOLICITOR
Lisa Mendelson-Ielmini
January 28, 2014
Memorandum
Steve Whitesell; Regional Director
Peter May, Associate Regional Director, Lands, Planning and Design
Steve LeBel, Deputy Associate Regional Director, Concessions
Tara Morrison, Superintendent, ROCR
Melissa Lackey
Attorney-Advisor, Branch of National Parks
Litigation Hold Notice with respect to Jack 's Canoes & Kavaks. LLC v. National Park
Service. National Park Foundation and the District o(Columbia, Case No. I : 132-cv-
OO 130-CKK (D. DC)
This is a Litigation Hold Notice that the Nati onal Park Service must preserve all documents, information,
and things (such as tangible objects, including hard drives, hereinafter collectively referred to as
"evidence") that may be relevant to the above-listed Jack's Canoes lawsuit, incl uding evidence that may
be relevant to the claim or defense of any party.
Notice of Litigation Hold
This Notice of Litigation Hold deals with the recently filed Jack's Canoes & Kayaks, LLC v. National
Park Service, et. al. lawsuit, which centers on plaintiff's allegation that the property covered by a 1973
lease to a predecessor-in-interest of the plaintiff either was never properly transferred to the NPS or NPF
or that title reverted to the District. Accordingly, the NPS al legedly had no authority to announce
termination of the lease and issue a Request for Qualifications seeking a temporary concessioner to
operate vi sitor services at the site. The Complaint also seeks damages from NPS and NPF (the assignee
of the lease) for negligently or intentionally conspiri ng to interfere with or destroy the Plaintiff's business.
The lawsuit has not yet been served on the Service.
Based upon the allegations regarding the lawsuit>s subject matter, please preserve any evidence that
allows the NPS's custodians to identify, segregate, and preserve the appropriate evidence. This Notice
legall y obligates the NPS to preserve information and overrides record disposal schedules. IfNPS agency
personnel use their own personal computers to perform government business, this Litigation Hold Notice
include all government information on those computers. Recipients of the Litigation Hold Notice should
be required by the addressee above to acknowledge in writing that they have received a copy of the
Notice and understand its requirements.
The types of evidence to be preserved include not only paper copies of documents, but also electrnnically
stored informati on ("ESI'') in its native format, including e-mail, audio recordings, videotape, instant
messages, word processing files, spreadsheets, databases, calendars, telephone logs, and all other
electroni cally stored information maintained, created, and/or received by the NPS's employees and/or
agents. ES! may be found in many sources, including computer hard dri ves and other electroni c storage
medi a (e.g., CDs, DVDs, thumb drives, etc.), laptop computers, PDAs, Blackberry devices, and any other
location where paper documents or electronic data is stored. Preserving ES! requires taking steps to
suspend the deletion, overwriting, or destruction of any information potentially relevant to thi s litigation.
Accordingly, the fo ll owing steps must be taken by the NPS to implement the Litigati on Hold in this case:
( I ) Immediately identify all agency personnel (including contractors, where applicable), who,
from the complaint and other avail able information, are known to have or reasonably might
be expected to have evidence that may be relevant to the case. In this regard, please note that
the Complaint involves transactions pmporting to involve the National Park Service dating
back to 1985.
(2) Send a copy of thi s Notice of Litigation Hold to any such agency employees and offices as
soon as it appears that those employees and offices may have relevant evidence.
(3) Keep a record of all steps the NPS has taken to initiate and obtain compliance with this
Notice of Litigation Hold, including providing them with a copy of thi s Notice and
acknowledgments of receipt of the Notice by custodians, the di stribution li st and date of
di stribution list for the Notice, and a record of other action taken to implement and maintain
the Litigation Hold in this case.
(4) Pl ease provide our offi ce with a copy of the NPS retention and disposal schedule, includi ng
the status of archi ved records that may be relevant to the case.
(S) Send a copy of this Notice of Litigation Hold to an appropriate indi vidual in
your informati on technology (IT) depa1t ment, and make sure that he or she takes necessary
and appropriate steps to preserve electroni c data related to this litigation. Please secure from
the IT staff an understanding of e-document retention policies, backup practices, and any
computer and hard drive disposal issues. Ensure steps are taken to modify rout ine or
automatic deletion of electronic information so that potentially relevant material is not
inadvertently destroyed or lost before it is captured and preserved.
Litigation E-Discovcry
At the request of the U.S. Attorney's Office, this requests that you determine, in consultation with your
agency's information technology (IT) personnel:
(A} What ESI would be relevant t o this case, in what electronic st orage syst ems it
mi ght be found, and to what extent the ESI is accessible;
(B) To what extent your agency considers technical matters involving the functioning and
capabilities of electroni c storage systems to be pri vileged or classified informati on;
2
(C) In what form relevant ESI can most easil y be retrieved and produced; and
(D) What your agency's policies and pract ices are wi th regard to the retention and
preservation of ESI, and what steps have been taken to preserve any reasonably
accessible ESI from alteration or destruction during the pendency of this litigation.
Litigation Initial Disclosure
Pursuant to Rule 26(a)(I) of the Federal Rules of Civil Procedure, we may also need to supply the U.S.
Attorney' s Office with certai n information to deliver to the opposing party soon after suit is commenced
and without receiving a request for discovery. The information required to be disclosed includes:
( I) The name and, if known, the address and telephone number of each
individual I ikely to have discoverable informat ion that the disclosing party
may use to support its claims or defenses, unless solely for impeachment,
identifying the subjects of the informat ion;
(2) A copy ot: or a description by category and location of, all documents,
electroni cally stored informat ion, and tangi ble things that are in the
possession, custody, or control of the party and that the disclosing party
may use to support its claims or defenses, unless solely for impeachment;
(3) A computation of any category of damages claimed by the disclosing party,
making avai lable ... the documents or other evidentiary material, not privileged
or protected from disclosure, on which such computation is based, including
materials bearing on the nature and extent of inj uries suffered; and
(5) A copy of any rel evant insurance agreement under which any person carrying
on an insurance business may be I iable to satisfy part or all of a judgment which
may be entered in the action or to indemnify or reimburse for payments made to
sat isfy the judgment.
Your assistance is greatly appreciated.
If you have any questions about thi s litigation hold notice, please feel free to call me at 202 513-0733.
3
/28114DEPARTMENT OF THE INTERIOR Mall . Jack's Canoes Complaints
Jack's Canoes Complaints
Stidham, Tammy <tammy_stidham@nps.goV> Mon, Feb 4, 2013 at 12:04 PM
To: Peter May <Peter_May@nps.goV>, Ste1ie Whi tesell <steve_whitesell@nps.goV>, Lisa Mendelson-lelmini
<Lisa_Mendelson-lelmini @nps.goV>, Steve LeBel <Steve_LeBel@nps. goV>, Jennifer Mummart
<j ennifer_mummart@nps.goV>, Tara Morri son <Tara_Morrison@nps.gov>
Was filed Friday.
http://legaltimes.typepad.com/files/jac ks-canoes-complaint. pdf
Tammy Stidham
l.Qice - (202)619-7474
cell (202)438-0028
fax - (202)401 -0017
t:J jacks-canoes-complaint.pdf
1032K
ttps:/ /mall. googlo.oomlmolllb/162/u/O/ ?ul,.2&1k"f 534 768664&v iew=pt&cat =Jack's Boathouso&seQrch,. ,
111
)
JACK's CANOES & KAYAKS, LLC )
3500 K Street, N.W. )
Washington, D.C. 20007 )
)
Plaintiff, )
)
v. )
)
NATIONAL PARK SERVICE ) Case No.:
1849 C Street, N.W. )
Washington, D.C. 20240, )
)
)
NATIONAL PARK FOUNDATION ) JURY DEMANDED
1201 Eye Street, N.W., Suite 550B )
)
and )
)
THE DISTRICT OF COLUMBIA )
John A. Wilson Building, 6th Floor )
1350 Pennsylvania Avenue, N.W. )
)
Defendants. )
VERIFIED COMPLAINT
Plaintiff Jack's Canoes & Kayaks, LLC (hereinafter ''Jack's LLC" or
''Plaintiff') hereby files this Complaint and alleges as follows:
I.
PRELIMINARY STATEMENT
1. This action seeks to protect Jack's LLC and its business known as
Jack's Boathouse from destruction by the National Park Service ("NPS") and the
National Park Foundation ("NPF"}-two parties that erroneously believe that they
18, 2013, decision contained in a Request for Qualification ("RFQ") to te1minate
the indefinite 1973 lease (the "Lease"), under which Jack's LLC has been a tenant
since April 2007.
the NPS-which is not a party to the Lease- and the N P ~ t o which the District
rents payable under the Lease-is egregious and violates numerous rights of Jack's
LLC.
4. Under the concession the NPS plans to issue, the concessionaire
would pay franchise fees to the NPS (and in tum to the United States Treasury),
fuither actions whatsoever that interfere in any manner with the continuing
of the Georgetown Waterfront Park, and replace Jack's LLC with a concessionaire
to the United States Treasury.
7. This action also seeks, inter alia, the following declaratory judgments:
auth01ized by any law, act, assignment or delegation from the
LLC's Jack's Boathouse business.
II.
PARTIES
9. Plaintiff Jack's Canoes & Kayaks, LLC ("Jack's LLC" or "Plaintiff''),
a District of Columbia limited liability company, is solely owned by Mr. Paul
(''Lot 806"), which is adjacent to Lot 805 owned by the Oistrict of Columbia.
States Depa1iment of the Interior, responsible for national park management and
program implementation. The headquarters of the NPS is at 1849 C Street, N.W. ,
11. Defendant National Park Foundation ("NPF") is a 501(c)(3) non-
Suite 550B, Washington, D.C. 20005. Although the NPF supports the work of the
liable for any debts, defaults, acts, or omissions of the Foundation."
Ill.
1331.
Declaratory Judgment Act, 28 U.S.C.
16. Venue is proper in this District under 28 U.S.C. 1391(e) because all
IV.
FACTS
Boathouse,'' which offers canoe and kayak rentals, tours, storage and other related
services.
the business at Jack's Boathouse, where Frank's father, John "Jack" Baxter, began
renting boats in 1945.
19. The property where ''Jack's Boathouse'' is located consists of two
806 ("Lot 806").
20. In 1973, as part of a compromise with the District of Columbia, which
21. Pursuant to an August 28, 1973 Deed, John and Norma Baxter sold
Lot 805 in fee simple to the District of Columbia for $244,160.00. The District of
Columbia currently owns Lot 805. On October 1, 1973, the District of Columbia
that year, deeded Lot 806 to Jack's LLC, the current owner of that Lot.
intended to transfer limited admini strative jurisdiction over a number of land
September 10, 1985 (the "1985 Resolution") states that; "Jurisdiction over ... Lot .
. . 805 in Square 1179 shall be transferred to the National Park Service 5 years
1985 Resolution.
"emergency;; Resolution 13-420 (the "1999 Resolution"), stating that "the National
March 21, 2000.
of Columbia Council passed ''emergei:icy" Resolution 13-519 (the "2000
jurisdiction authorized by Council Resolution 6-284" (referred to herein as the
concerning the transfer of lease tenants to the NPS, opined that 1egislation is
Once this clarifying legislation is effective, the assignment of leases can occur."
Lease to the NPF.
District of Columbia. to the NPF).
rent to the NPF.
32. In August 2012, the NPS sent a draft concession contract to Jack's
on the subject of the concession contract, stating only "l w ]e are unable to proceed
Director of the NPS sent Jack's LLC "notice ... to terminate its occupancy of the
leased premises . ... [and to] . . . vacate the property on or before 11 :59p.m. on
concerned with the future of Jack's Boathouse ... further action on the lease
termination [is withheld] until I have conducted a more thorough review and
communicate with Jack's LLC again until January 18, 2013.
36. On January l 8, 2013, the NPS provided a letter to Jack's LLC
evicted without a Court Order (i.e., pursuant to a s l f ~ h l p eviction by the NPF)-
and a concessionaire.
Qualifications (Solicitation Number TC-ROCR004-12), amended on January 28,
due nine (9) days after its last amendment (i.e., on February 6, 2013). The RFQ
states that, "The [1973] lease will be terminated effective upon execution of' the
(Solicitation Number CC-JACKOO 1) for "Non-motorized boat rental & storage
Lakewood, Colorado.
v.
CAUSES OF ACTION
COUNT ONE
Declaratory Judgment
(National Park Service, National Park Foundation, and
the District of Columbia)
September 10, 1985 (the " 1985 Resolution") states that jurisdiction over Lot 805
shall be transferred to the NPS "5 years after the effective date of this resolution
unless . . . suitable sites and facilities have not be obtained for the relocation of
those public works facilities [including D.C. Department of Public Works' storage
required to provide "in detail, for the following: ... ( 4) The exchange of letters
shall include conditions, including a reversion of jwisdiction to the District of
Columbia, which fully protect the District of Columbia in the event ... of (A)
Amendment or cancellation of the June 7, 1985, deed (the "1985 Deed") between
Properties (D.C.) Inc., and the United States of America . ... "
contained in a single letter dated May 18, 1987 and signed by Mayor Marion Barry
Hl987 Letter").
43. The 1987 Letter affinned that a material amendment to the 1987 Deed
44. A Supplemental Deed of Easements dated March l, 2005 (the "2005
Amendment") significantly and materially amended the 1985 Deed.
jurisdiction for administration and maintenance over Lot 805 to revert to the
provide, in detail, for the following: "(7) The District of Colwnbia shall assign
park development. ... " The "existing leases" included the Lease.
47. The exchange of letters were ordered to provide for the additional
repair, maintain, and protect all wharves, piers, bulkheads, and similar structures
created an exception to this responsibility not authorized by the 1985 Resolution,
bulkheads and similar stmctures that are "the subject of leases located on the
purportedly "delegate[ d] its duties" under the Lease to the NPF and "assign[ ed] the
rents derived" from the Lease ~ t o the National Park Foundation, to be used for the
Case 1:13-cv-00130-CKK Document 1 Fi led 01/31/13 Page 14 of 25
49. The 1987 Letter further stated that it did "not preclude the assignment
ever occurred.
satisfy the prerequisites under the 1985 Resolution for the transfer of jurisdiction
over Lot 805 from the District of Columbia. to the NPS.
nor the 1987 Letter authorizes the NPS or the NPF to terminate the Lease, to evict
Jack's Boathouse- as such actions are not "duties" of the District of Columbia
Resolution 6-284," (refened to herein as the 1985 Resolution). The 1999
March 21, 2000.
jurisdiction authorized by Council Resolution 6 - 2 8 4 ~ (referred to herein as the
Columbia and the NPF signed an Assignment of Leases purp01ting to transfer the
Lease to the NPF.
56. Under the concession the NPS plans to issue, franchise fees would be
effectively transferred by lhe District of Columbia to the NPS, 40 U.S.C. 8124
maintenance." Neither of these statutes pe1mits rights of "development" such as
terminating the Lease, evicting Jack's LLC and installing a concessionaire who
the Georgetown Waterfi:ont Park.
COUNT TWO
Temporary Preliminary, and Permanent Injunctive Relief
(National Park Service and National Park Foundation)
owned by Jack's LLC by March 1, 2013.
(i.e., on February 6, 2013). The RFQ states that, "[t]he [1973] [L]case will be
terminated effective upon execution of'' the concession contract.
Court Order (i.e., pursuant to a self-help eviction by the NPF}--regardless of
62. Jack's LLC will suffer irreparable hrum should the NPF terminate the
1 itigation.
otherwise.
65. The public interest is likewise served by injunctive relief.
COUNT THREE
the NPF has been accepting, rent from Jack;s LLC since 2007, Jack's LLC is a
Lot 805 (and Lot 806, which is owned by Jack's LLC).
68. Jack's LLC relies on the many business relationships it has cultivated
with boat storage customers as well as boat .rental customers.
69. The NPF (hereinafter through actions taken on its behalf by the NPS)
has acted to intentionally interfere with Jack's LLC's boat storage and boat rental
customers by unlawfully pursuing the termination of the Lease and making
Jack, s LLC has suffered a loss of business in boat storage customers.
uncertainty of Jack's LLC's future as publicized by the NPF.
72. Jack's LLC has had difficulty procuring and making commitments,
LLC's future as publicized by the NPF. Jack's LLC has repeatedly communicated
LLC' s future.
74. The NPF has repeatedly publicized its efforts to unlawfully terminate
the Lease with Jack's LLC even afier Jack'.s LLC repeatedly informed the NPF and
75. The NPF and the NPS continue to seek to terminate Jack's LLC's
COUNT FOUR
Conspiracy to Carry Out An Unlawful Eviction and
77. Plaintiff repeats the allegations set forth in paragraphs I through 76 as
78. The NPF conspired with the NPS to interfere with Jack's LLC's
business and cause irreparable harm to the Plaintiff's business.
79. The NPF joined the NPS in delivering an eviction notice to Jack' s
80. These conceited actions on the part of the NPF, in concert with the
81 . These concerted actions on the part of the NPF, in conceit with the
NPS, were made with the purpose of harming Jack's LLC's business.
COUNT FIVE
(hereinafter through actions taken on its behalf by the NPS) to the public regarding
Jack's LLC, as wet l as its efforts to unlawfully terminate the Lease, materially
interfered with Jack's LLC's business relations, causing it to lose significant
business.
NPF's interference with the Plaintiff's business.
Case 1:13-cv-00130-CKK Document 1 Fi led 01/31/13 Page 21 of 25
VI.
RELIEF REQUESTED
Plaintiff Jack' s Kayaks & Canoes, LLC ("Jack's LLC") respectfully prays
1. Pursuant to Count One, Jack's LLC respectfully prays that this Court
Columbia;
d. The NPS and NPF decision to terminate the Lease and evict Jack' s
letter, or authority, and constitute development actions and not the
administration or maintenance permitted under 40 U.S.C. 81 24,
D.C. Code 10- 111; and
terminate the Lease and evict Jack's LLC (with or without a Cou1t
Order).
2. Pursuant to Count Two, Jack's LLC respectfully prays that this Court
LLC, including without limitation, seeking or threatening to tetminate the
detennination of whether the NPF and/or the NPS have the power and
jurisdiction to do so;
prays that this Court grant H compensatory and punitive damages in an
amount to be detennined at trial, plus pre- and post-judgment interest,
4. Pursuant to Count Four against Defendant NPF, Jack's LLC respectftllly
5. Pursuant to Count Five against Defendant NPF, Jack's LLC respectfully
6. Jack' s LLC respectfully prays that this Court grant it such other and
just and proper.
January 31, 2013
1#.c.
Suite 115G
Telephone: (202) 457-7786
Facsimile: (202) 457-7788
E-mail : ccamp@charlescamplaw.com
JURY DEMAND
issues so triable.
January 31, 2013

Char es H. Camp (D.C. 575)
Suite l 15G
Telephone: (202) 457-7786
Facsimile: . (202) 457-7788
.Jack's Canoes & Kayaks, LLC
VERIFICATION
Section 1746, hereby verify on behalf of Plaintiff Jack's LLC that all factual
allegations contained in the foregoing Verified Complaint ate true and correct to
January 3 I, 2013
6!8N1ERI OR Mall Re: 6oethouse to Sue Government Agency TI10 Hoya
Re: Boathouse to Sue Government Agency -The Hoya
Tara Morrison <tara_rnorrison@nps.goV> Fri , Feb 1, 2013 at 8:00 PM
To: Steve_LeBel@nps.gov, Li sa_Mendelson-lelmini@nps.gov
Cc: tammy_stidham@nps.gov, Peter_May@nps.gov, steve_whitesell@nps.gov, jennifer_mummart@nps.gov
I haven
1
t and I spoke w Rob and Meli ssa at 2:30.
From: Steve LeBel [mailto: stcve_lebel@nps.gov]
Sent: Friday, February 01, 2013 05: 55 PM
To: Lisa Mendelson <lisa_mendelsonielmini@nps.gov>
Cc: Stidham, Tammy <tammy_stidham@nps.gov>; Peter May <Peter_May@nps.gov>; Steve Whitesell
<steve_whitesell@nps.gov>; Tara Morrison <Tara_Morrison@nps.gov>; Jennifer Mummart
<j ennifer _mummart@nps.gov>
Subject: Re: Boathouse to Sue Government Agency - The Hoya
Melissa hasn't. She suggested it might take a week after filing to get to us.
On Feb 1, 2013, at 7:47 PM, Lisa Mendelson <lisa_mendelson-ielmini@nps.goV> wrote:
Fyi - Unless there's been an update si nce about 2 pm today, to my knowledge neither we nor SOL
have seen any filing. Has anyone heard differently @ this point? Thx.
Sent from my iPhone
On Feb 1, 2013, at 7: 38 PM, "Stidham, Tammy" <tammy_stidham@nps.goV> wrote:
http://www. thehoya. com/boathouse-to-sue-government-agency-1.2980985#. UQxfgx 1 Wyul
ll ps:/lm all.9oogle. com/ mail/bl 152/u/O/?ui=2&ik=r 534 766664&v lew=pt&cat=Jack's Boathouse&soarch .. 1/1
Re: Boathouse to Sue Government Agency -The Hoya
Steve LeBel <steve_lebel@nps.goV> Fri, Feb 1, 2013 at 7:55 PM
To: Lisa Mendelson <lisa_mendelson-ielmini@nps.goV>
Cc: "Stidham, Tammy" <tammy_stidham@nps.goV>, Peter May <Peter_May@nps.goV>, Ste\e Whitesell
<ste..e_whitesell @nps.goV>, Tara Morrison <Tara_Morrison@nps.goV>, Jennifer Mummart
<j ennifer_mummart@nps.goV>
Melissa hasnl She suggested it might take a week after filing to get to us.
On Feb 1, 2013, at 7:47 PM, Lisa Mendelson <lisa_mendelson-ielmini@nps.goV> wrote:
Fyi - Unless there's been an update since about 2 pm today, to my knowledge neither we nor SOL
have seen any filing. Has anyone heard differently @ this point? Thx.
Sent from my !Phone
On Feb 1, 2013, at 7:38 PM, "Stidham, Tammy" <tammy_stidham@nps.goV> wrote:
http: //www. thehoya.com/boathouse-to-sue-govemment-agency-1.2980985#. UQxfgx 1 Wyul
128/14 Boathouse to Sue Government Agency The Hoy11
Boathouse to Sue Government Agency
By Li ly Westergaard
Hoya Staff Writer
Published: Friday, February 1, 2013
Updated: Friday, February 1, 201 3 02: 02
Jack's Boathouse has taken the next step in its ongoing battle with the National
Park Service, saying it will bring the agency to court by the end of this week.
"We're filing against the NPS a very serious breach of lease ... lawsuits that are
going to be extraordinari ly expensive for the NPS to defend," boathouse owner Paul
Simkin said.
The government organization originally intended to evict the waterfront business
from the property, but has since decided to place the eviction on hold.
Instead, the NPS announced Jan. 19 that the boathouse must bid for a concession
contract because the business' lease is invalid.
However, Simkin and his lawyer, Charles Camp, contend that the NPS does not
have jurisdiction over the waterfront location; the District of Columbia government
has ownership.
As of now, applications to submit a bid are due Feb. 6, and the NPS will announce
the winner by the end of February.
If the boathouse's case in the D.C. District Court fails, Simkin worries that Guest
Services Inc., a Virgini a-based conglomerate that manages food on the National
Mall as well as two other area boathouses, could take the concession.
'
ww. t he hoy a. com/boathouse-to-sue-gov ernment-agenoy 1. 2980965#. Uugg8bEo5Y x 1/ 2
128/14 Boathouse to Sue Gov ernmont Agency - The Hoy a
"The NPS ... put out this really rushed request for a proposal saying that we could
bid on our own boathouse, but it's a subjective bid process," he said. "It's not based
on numbers or success, but whether we [the NPS] want you there."
Simkin maintains that he will fight to the end.
"The bottom line is we will not respond to that request to bid against ourselves. We
will continue acting along with the lease we already have," he said. "Anyone that
bids against us we're going to sue."
Various government officials have attempted to help resolve the situation, including
Ward 2 Councilman Jack Evans and Del. Eleanor Holmes Norton (D-D.C.).
Evans has worked with Simkin and Camp to gain political support for the
boathouse, while Norton sent a letter Jan. 24 to NPS Director John Jarvis advising
that he sit down with Simkin and work toward finding a reasonable solution to the
property dispute.
"While securing the best deal for the taxpayer, NPS has an obligation to explain its
complicity in allowing significant investments in this property and then terminating
the lease without notice," Norton wrote in the letter. "NPS has an obligation to
ensure fairness to Simkin, to the taxpayers, and to the community."
Despite the ongoing conflict, Simkin said that he hopes to have the boathouse
reopen in two weeks and operate while he fights for his business.
"We hate to take that approach but this is the livelihoods of a bunch of people," he
said. "We're going to do what we have to do to preserve the boathouse."
NPS did not respond to requests for comment.
ww. the hoy e. 01nmcnt-agency-1. 2980986#. U 1,1gg8bE05Y x 212
Re: Spoke with Rob Eaton re: Concessions RFQ and Mr. Cam pis statements
Morrison, Tara <tara_morrison@nps.gov> Fri, Feb 1, 2013 at 3:41 PM
To: Steve Whitesell
Thanks.
On Fri, Feb 1, 2013 at 3:01 PM. Steve Whitesell <steve_whitesell@nps.gov> wrote:
I'm good for now. We are sending Rob all the information on Jack's.
On Feb 1, 2013, at 2:59 PM, "Morrison, Tara" <tara_morrison@nps.gov> wrote:
Steve,
Rob indicated that he spoke with you also. Please let me know if you want to discuss further.
Thanks
Tara
Tara D. Morrison
Superintendent
Rock Creek Park
202-895-6004
Tara D. Morrison
Superintendent
Rock Creek Park
202-895-6004
Spoke with Rob Eaton re: Concessions RFO and Mt. Camp's ...
Re: Spoke with Rob Eaton re: Concessions RFQ and Mr. Camp's statements
Steve Whitesell <stew_whitesell@nps.goV>
To: "Morrison, Tara" <tara_morrison@nps.goV>
I'm good for now. We are sending Rob all the information on Jack's.
On Feb 1, 2013, at 2:59 PM, ''Morrison, Tara" <tara_rnorrison@nps.goV> wrote:
Stew,
Fri, Feb 1, 2013 at 3:01 PM
Rob indicated that he spoke with you also. Please let me know if you want to discuss further.
Thanks
Tara
Tara D. Morrison
Superintendent
Rock Creek Park
202-895-6004
ltps ://m:lll.goo9le. com/mall/b/152/u/O/?ui=2&ik =f 534 768664&.v iew=pt&cnt=Jack's Boathouse&seilrch", ..
1/1
MBN11 OF TI-IE INTERI OR Mail . Re: general public responso lott or Jacks
Re: general public response letter Jacks
Mendelson, Lisa <lisa_mendelson-ielmini@nps.gov> Fri, Feb 1, 2013 at 11 :46 AM
To: "Mummart , Jennifer'' <j ennifer_mummart@nps.gov>
Cc: Tara Morrison <tara_morrison@nps.gov>, Steve Whitesell <Steve_Whitesell@nps.gov>, Steve LeBel
<steve_lebel@nps.gov>, Jennifer Anzelmo-Sarles <jenny _anzelmo-sarles@nps.gov>, Judy Bowman
<judy_bowman@nps.gov>
Don't belie\ I ha\ anything to add .. .. thanks Jennifer for taki ng a stab at thi s.
Lisa Me11delso11-l e/111i11i , / HCP
National Pnrk Service
202-619-7023 o llice
202-297- 1338 cell
On Fri , Feb 1, 2013 at 11 :33 AM, Mummart, Jennifer <jennifer_mummart@nps. gov> wrote:
Good morning all,
We have two letters from members of the public to respond to regarding Jacks. Their letters are asking for an
explanation of our actions, so we wanted to provide some information and context beyond "thank you for your
concern."
Are you comfortable with the attached?
Thanks,
Jennifer
Jennifer Mummart
National Capit al Region
(202) 619-7174
www. nps.gov
The National Park Service cares for special places saved by the American people so that all may experience
our heritage.
lips ://mall. 90091e.com/ mail/b/ 152/ u/O/?ui=2&1k f 534 766664&v lew=pt&cat =Jack's Boathouse&search= ... 1/1
T OF THE INTERIOR Mall - general public response letter - Jacks
general public response letter - Jacks
Mumma rt, Jennifer <jennifer_mummart@nps.goV> Fri, Feb 1, 2013 at 11 :33 AM
To: Tara Morrison <tara_morrison@nps.goV>, Steve Whitesell <Steve_Whitesell@nps.goV>, Lisa Mendelson
<lisa_mendelson-ielmini @nps.goV>, Stel..E! LeBel <ste-..e_lebel@nps.goV>
Cc: Jennifer Anzelmo-Sarles <jenny_anzelmo-sarles@nps.goV>, Judy Bowman <j udy_bowman@nps.goV>
Good morning all,
We have two letters from members of the public to respond to regarding Jacks. Their letters are asking for an
explanation of our actions, so we wanted to pro\1de some information and context beyond "thank you for your
concern."
Are you comfortable with the attached?
Thanks,
Jennifer
Jennifer Mummart
(202) 619-7174
www.nps.gov
The National Park Ser\1ce cares for special places saved by the American people so that all may experience our
heritage.
2013 02 01 Jacks Boathouse General Response.docx
18K
tips ://mail.googla. com/rnall/l>/162/u/O/?ul 2&1k 11f 534768664&v iew=pt&cat =Jack's Boathouse&soarch= .. .
111
DearXXX,
Thank you for your letter of DATE, to National Park Service (NPS) Director Jonathan B. Jarvis regarding
Jack's Boathouse in Georgetown. The Director has asked me to respond to your concerns.
The NPS is committed to providing non-motori zed boat rental and storage services at or near the current
location of Jack' s Boathouse, and we are working to ensure continued access to the Potomac River for
canoeists, kayakers, and paddle boarders.
Businesses in national parks operate under concession contracts. A concession contract ensures the
protecti on of park resources and values and provides the public with fair and consistent services. In 2012,
the NPS initiated preliminary discussions with Mr. Paul Simkin, the current operator of Jack's Boathouse,
about the possibility of entering into a tempora1y concession contract to avoid an interruption in public
boat rental and storage services while a long term concession prospectus was developed. A long term
contract has substantially more rigorous requirements that ensure a fair return in exchange for the
opportunity to operate a business within a national park.
It came to light that the lease under which Jack Baxter - the original owner and operator - operated the
boathouse was non-transferable, and, therefore Mr. Simkin's name does not appear on the lease. Based on
this information, the NPS ceased conversations with Mr. Simkin and began the process to open the
oppo1tunity for a temporary concession contract, consistent with NPS policy.
The Request for Qualifications (RFQ) released on Januaty 18, 2013, is for this temporary concession
contract. The RFQ response deadline is February 6, 2013, at which point a multidisciplinary NPS team
with expc1tise in business management, park operations, and law will review the proposals. We plan to
award the new contract by the end of Febrnary to ensure that services are available for the upcoming
season. The NPS has rescinded the letter that would have required Jack's Boathouse to leave the
premises, and has notified Mr. Simkin that the operation can stay until a temporary concession contract is
awarded. Mr. Simkin has been notified of hi s eligibility to respond to the RFQ.
We look forward to awarding a temporary concession contract - to the existing or new operator - and
ensuring that tne public can continue to enj oy their time on the Potomac this spring.
Sincerely,
Stephen
J:-ck's Boathouse Takes Park Service, D.C. to Court - Housin ...
Re: Jack's Boathouse Takes Park Service, D.C. to Court - Housing Complex
Margaret O'Dell <peggy_o'dell@nps.gov> Thu, Jan 31, 2013 at 5:53 PM
To: Steve Whitesell <steve_whitesell @nps.goV>
'Time will tell. I feel bad for NPF
Sent from my iPhone
On Jan 31 , 2013, at 5: 19 PM, Steve Whitesell <ste11e_whitesell@nps.gov> wrote:
Haven't heard anything official, just this article saying we'11e been sued.
From: tammy _stidham@nps.gov
Date: January 31 , 2013, 5:10:49 PM EST
To: Peter May <Peter_May@nps.gov>, Steve Whitesell
<Steve_Whitesell@nps.gov>, Lisa Mendelson-lelmini <Lisa_Mendelson-lelmini@nps.
gov>, tara_morrison@nps.gov, steve_lebel@nps.gov, jennifer_mummart@nps.gov
Subject: Jack's Boathouse Takes Park Service, D.C. to Court Housing
Complex
l1ttp: //www. was hingtoncity paper. com/blogs/hous ingcornplex/2013/01 /31 /jacks-
boathouse-tak es
Tammy Stidham
1100 Ohio Dri11e SW
Washington.DC 20242
202-619-7474 office
202-438-0028 cell
Tarnmy _ stidham@nps.gov
Ups ://mail.google .com/ mail/b/ 152/u/Ol?ui=2&1k=f 534 766664&v leW"pt&cat=Jac k's Boathouse&search= ...
111
129/14 Jack's Boathouse Takes Park Service, D.C. to Court - Housing Complex
Jack's Boathouse Takes Park Service, D.C. to Court
Posted by Aaron Wloner on J<in. 31 , 2013 al400 pm
The lawye1 for Cco1gclown wnlcrfronl insl iluLion Jack's lloathouse has jusl tiled a
complaint with lhe U.S. Dislric:l Court for Lhe District of C.olumbia seeking a ruling
against an<l injunctive relief fr om eviction efforts by the National Park Service, as
well as damages.
The complaint , on behalf of Jack's Canoes and Kayaks I.LC, names as cJefcndanls
NI'S, the National Park Foundation (which technically a(ln1inisters the lease for
Jnck's), and I he Dist rir.t of Columbia. "This action.'' it begins, "seeks to protect
Jack's LLC and its business known as Jack's Iloathonse from deslmction by the
National l'ark Service ('NI' S') and the National Park Foundation ('NPF')- t wo
parties lhat cnoncously believe that they were assigned power lo do so by lhe
District uf Coluinbi:i."
The broad complaint asb for injunctive relief from NPS' decision in its request for qualifications issued earlier this month to
terminate the lease for Jack's, and seeks to prevent NPS anti NPfl fl'Qm inlcrfcring with Jack's in any form until the rnse is
cleciclcd. It also seeks dr.elaratory judgment that the land on which Jack's ocrates was never officially trnnsfcrrcd to N PS or
NPF, or t hat if it was t ransferred, it reverted back to the Dist rict , and additionally that NPS and NPF lack the authority to isliue
a new concession for the properly.
The legal masoning behind t he complaint is complex and a matter of dispute, bul Jack's lnwyer Cha1Jcs Camp is basically
arguing thal the 1985 D.C. Council resolution thnt transferred jurL<:diction to NPS contained a provision for rcvc1sion t hat he
believes was met, and that regardless, the terms of lht> legislal ion and a subsequent clarifying letter allow NPS/NPF only to
administer and maintain leases on the properly, and nol lo replace one lenanl wilh anoLher.
"Finally," the complaint continues, "this nclion seeks damages from the NPF for negligently and/or intentionally conspiring with
lhe NI'S lo interfere with and destroy Jack's LLC's nrnch beloved .Jack's lloathousc business."
NPS hopes to issue a new concession by the end of February, with the concessionaire opernting by the t ime boat season
begins. Al this poinl, that looks like wL<:hful thinking.
un 11 1 l
Cerl
cart
Arron
Ctlckey7
For those that are renting spaces to store at JDck's, should bots be rell'Oved7
sorry ... "boats' I
I think It's funny how Slrrt<ln used to practically spy on his ell'Clloyoos while they worlle<I. 'We ARI; INVISIBLE" was even written on the window beside
the ofT'l)IOyces' lod<.crS.
Is that kony7 I've always had trouble with the term
This Is sloppy reporting. I have no clog in this fight, but everything the owner says 1$ taken at face va!Ue--especlally reports fo what NPS offk:lals
prvportcdtv sold-- ond very r'CSCrbeh was dOne on the NPA
If you read tt1e Post, It's 'iear that the NPS has to put the contract out for bid, by law. It was only sloppy recordkccping thot elOwed the current
contract to continue.
'ash ingto nci typa per .co rrJb log s/hOusingco mple 'ti ... /jacks-boathouse-ta kas-pa rk-so rvlco-d-c 10-co u rV
#3
..
1/2
t21.kf n10 Csorgotown Volco L<iwsull pending In dispute over rights ...
The Georgetown Voice Lawsuit pending in dispute over rights to Jack's
Boathouse
tammy_stidham@nps.gov <tarnrny_stidham@nps.goV> Thu. Jan 31, 2013 at 5: 17 PM
To: Peter May <Peter_May@nps.goV>, St elA:l Whitesell <Steve_Whitesell @nps.goV>, Lisa Mendelson-lelrnini
<lisa_Mendelson-lelrnini@nps.goV>, tara_rnorrison@nps.gov, steve_lebel@nps.gov, jennifer_rnurnrnart@nps.gov
http://georgetownvoice.com/2013/01 /31 / laws ui l -pending-in-dis pute-over-ri ghts-to-jack % E2%80% 99s-boalhouse/
Tammy Stidham
National Park Seruce
1100 Ohio Drive SW
Washington.DC 20242
202-619-7474 office
202-438-0028 cell
Tarnmy _stidharn@nps.gov
1/ 1
NEWS
.awsuit pending in dispute over rights to Jack's Boathouse
Posted on January 31, 2013 by Ryan Greene
he dispute o\A3r Jack's Boathouse has entered a new phase as owner Paul Simkin has prepared to fil e a lawsuit agai nst
ie National Park Ser\1ce over its attempt to re-.<)ke his right to operate on the property.
:imkin's attorney Charles Camp confirmed that the lawsuit is ready and will likely be filed within the next few days. "If the
JPS comes to its senses and stands down from its current position, then we will put off fi ling [the lawsuit]," Camp said.
'm waiting to see if they're going to do that- otherwise, I'll file."
1efore any court proceedings can take place. the NPS will ha1.-e 60 days to respond to the lawsuit during which Simkin
1ill retain ownership until they resol'IA3 the lawsuit. "The Park Service wants to hand o\A3r the land to new ownership by
farch 1, but that's not going to happen," Camp said.
ack's claims focus on legall y binding conditions placed on the NPS by the District when jurisdiction over the land was
ansferred.
The land is owned by the District of Columbia. but there was a transfer of jurisdiction [o'IA3r the land] from D.C. to the
Jatlonal Parks Service, " Camp said. "Howe'IA3r, there were a lot of limitations on that transfer. That transfer would re\A3rt
ack to the District of Columbia if a number of things e1.-er happened."
>ne such condition was that the NPS could make no significant amendments to the deed. "There was a 50-page
mendment to the deed, and so that is a significant amendment," Camp said. "Under the D.C. resolution, I believe the
Jrisdiction re'IA3rted back."
iimkin took cont rol of Jack's after his friend and former Jack's owner Frank Baxter died in 2009. Simkin's name is not
ctually on the lease with the NPS, leading the NPS to believe that Simkin has no legal right to control the property or
usiness.
:amp claims that this fact Is irrelevant under District law. "My client's name is not on the lease, but in the District of
:olumbia, leases are freely transferrable, " Camp said. "If a landlord collects rent, then that's acceptance of the
ssignment. My client has been paying rent to the National Park Foundation for years. Whether his name is on it or not,
e is a tenant under that lease."
'he lease may not have been completely transferred from the District to the NPS anyway, according to Camp. "The
Jational Park Service talks about how that lease was assigned to them by D.C .. but, in fact, the only thing I know of is
1at there was an assignment of the right to collect rent and an assignment of the District's duties to my client," he said.
There was no full assignment of the lease to the National Park Ser\1ce. There's a big difference between transferring a
thole lease and transferring your duties under that lease."
he final piece of Camp's case rests on assumptions of what the NPS will do with Jack's land if they win control of it.
he NPS's Request for Qualifications for a new owner, says Camp, shows signs of development , an illegal action under
10 NPS's jurisdiction conditions.
The only jurisdiction you can transfer is for either administrati'IA3 purposes or maintenance purposes, not for development
urposes," Camp said. ''When you bring in a new, outside business and do things in a new, go'IA3rnment way, that's
evelopment. "
'urther complicati ng the matter are comments Simkin made last week, alleging that NPS Deputy Associate Regional
Steve LeBel is in'vClved in an under-the-table deal with Guest Services, a major competitor of Jack's. Guest
:ervices operates the concession stands on the National Mall, as well as Thompson's and Fletcher's Boathouses.
'ice President of Guest Services Doug Verner denied having underhanded motives with regard to Jack's. "How could I
osslbly know why [Simkin] would make an allegation like that?" Verner said. "The only thing we know about Jack's is
that we read in the paper and what came out in the National Parks Service Request for Qualifications."
lut, Verner didn't deny his company's interest in the Jack's property. When asked if Guest Services Intended to apply to
1e NPS's RFQ, he only said, "It's being considered."
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You Don'l Know J:;ick's: Why Won'l lhe Feds l.e<ive J<1ck'1;1 Beath .. ,
You Don't Know Jack's: Why Won't the Feds Leave Jack's Boathouse Alone?
.. Housing Complex
tammy_stidham@nps.gov <t ammy_stidham@nps.goV> Thu, Jan 31, 2013 at 6:08 AM
To: Peter May <Peter_May@nps.goV>, Steve Whitesell <Steve_Whitesell@nps.goV>, Lisa Mendelson-lelmini
<Lisa_Mendelson-lelmini@nps .goV>, tara_morrison@nps.gov, steve_lebel@nps.gov, jennifer_mummart@nps.gov
http:/ /www. was hingtoncity paper. com/blogs/ hous in geom plex/2013/01 /30/you-dont-k now-jacks/
Tammy Stidham
1100 Ohio Ori\/ SW
202-619-7474 office
202-438-0028 cell
Tammy
ttp:i:/lm ail. googlo. com/mall/bi 152/u/O/?ul 2&1k;;;r 534 768664&v iew=pt&cat=Jack's Boathousa&saarch= ... 111
129/14 You Don't Know Jack's: Why Won't the Feds Leave Jack's 9oathouse Alone? Housing Complex
You Don't Know Jack's
Poslod byA."on Wlonor on ~ n 30 7013 al9 58 pm
I l's winter al .Jack's lioalhouse. There are no cuslome1s stepping gingerly inlo rocking canoes, no seasonal workers grabbing
paddles from lhc rnck, no lingering scent of sunscreen and bug spra)' . A chain blocks off the parking Jot, and the 130-foot main
dock is hibernating at its off-season home near the Pent:igon.
This would normally be the time for Jack's owner Puul Simkin to prepare for the spring: buying equipment and hiring
employees and booking group excursions on the Potomac River. I nstead, he's in his tiny on-site trailer with his lawyer, his
assistant, Wushi11yl'011 City Papel''s photographet-, and me, huddled aro1md a little table by an electric fireplace, discussing
whether the 68-ycar-old boathouse will ever open again.
It's not for lack of success: J\crording to Simkin, who took over when founder Jack Baxter's son Frank died in 2009, Jack's
has gone from about 4,000 customers four years ii go to 72,000 in 2012. Nor is it for lack of popular support: All of t he
neighborhood flnd city leaders I've talked to would love to see the quit'ky independent boathouse remain. Instead, it's the
result of a sudden decision by Simkin's landlord, the National Park Service, lo bring the boalhousc into accordance with its
standard practices.
NPS' mot ivations are a point of tli:;pute. Ask NPS officers, and they' ll say t hey have an obligation lo federal taxpayers to gel the
highest possible return-in money and service-from the spaces ovel' which they have jurisdiction. Ask Simkin, and he' ll tell
you that NPS nppcurs to have a vendetta against him and a desire to replace Jack's with the latest in a string of sterile boating
operat ions taken over by NPS' contractor of choice, Gncst Services, I nc.
1 n December, NPS sent a letter to Simkin informing him that his lease was terminated, then reversed course and said Jack' s
could remain in operation, before shifting gears once again on J an. 18 with a request for qualifications from interested bidders
and a stntcd intention to award a concession by the end of Febnmry.
There's almost certainly a lawsuit ahead. Simkin's lawyer, Churlcs Camp, asserted earlier this month that by lhe terms of a
1985 D.C. Council resolut ion transferring jurisdiction over the Georgetown waterfront from the District lo the federal
government, t he land had in fact revetted to the city. nut the resolution also mandated an exchange of lcttc1s between the
mayor's office and NI'S to iron out the details of the transfer, and 11 letter lhat surfaced last week appears to undermine some of
Camp' s claims, though he says il backs him up on other poinls. The D.C. attorney general's offtcc, which was looking inlo the
matter, declined to issue a formal opinion on the cnse, leaving it an open legal question.
Simkin says lie won't bid on lhe new concession, which he says would be akin lo signing "our own death wnrrant"; instead,
Camp plans to file u complainL in U.S. District Court this week, seeking a declaratory judgment, injunctive relief, and dmnages.
And if NPS docs in fact move lo granl a concession lo a new opel'alor, Camp pledges to sue that opernlor. He's confident
litigation would d r a ~ on for at least a year or two, allowing .Jack's to continue to operate, though Simkin says the uncertainly is
WN. washlngtoncitypaper .com'blogs/housingcomplex/2013/01 /30/you-dont-know-jacks/
1/5
/2!.'/14 You Don' t Know Jack's: Why Wo11't tho Fods Loavo Jack's Boathouse Alone? Housing Complex
already cripliug his nbility Lo hire workers and sign up groups for excursions, since people are reluctant to sig11 on wil h an
operalor lhat might not exist come spring.
Rut the law is one thing, and what 's best for the waterfront and the city might be another. On the lauer point , there's actually
not much dcbalc: Prclly much wanls Jack's lo keep operating. And so it 's time for NI'S leaders to ask themselves if
they really want lo fight the wishes of the and the successful tenure of Jack's for the sah of procedme.
"**
Whatever the outcome of the dispute, the waterfront is in better shape than it was 30 years ago, and much better shape
t han it would have been had the federal government's original plan been followed. A flour mill, a Pepco plant, and other
industrial operations once lined t he Potomac River in Georgetown, along a st retch that plauners in the t95os decided would be
per feel for a 11cw freeway. A popular anti highway backlash nixed most of the proposed Inner Loop Expressway, bul t he
waterfront propel'ty was still subject to a requitemenl lhal it be used for 'transport1tion or pal'kland. With the District in no
position to bankl'oll a major new park development in the mid-198os, the Council passed the resolution that eventually gave
NPS the missing link in its stretch of parkland along the Potomac.
Now cily officials arc pleading for some say over the land thei1 predecessors handed over. Ward 2 Councilmember Jnck
Evans, who brouglll the dispute to the attention of the attorney general for a ruling, says he stands strongly behind Jack's and
would bring the land back under D.C.'s control with an act of Council if be had the power, which NPS asserts he docs not. Del.
Eleanor Holmes Norton sent a letter to NPS Director Jon Jarvis l11st week urging NPS to sit down with Sin1kin to work out
a solul ion and slating, "The present postul'e of NI'S promises only more controversy, lawsuils, and interrnplion of service lo
the community."
Yet if Simkin and Camp arc lo be believed, NPS is hell-bent on gelling rid of Jack's. They say NPS concession specialist Steve
l...cBel has bullied lhern and changed the terms of their agreements without warning or explanation, though their accounts arc
difficult to verify because Le Bel is not authol'ized lo talk lo the press. T n their lasl meeting, in December, Simkin says he asked
Lelle!, "What do you want me to do?" Le Bel's reply, according to Simkin? "Be gone."
In August, Simkin was arrested by lhc United States Park Police for "unaulhori<.ed disposal of solid waste." According lo
Simkin, a recently fired employee had told the Pal'k Police that Simkin was putting feces from his trailer into dumpsters on the
street. Simkin denied the charge but was asked by a detective lo I urn himself in. I-Jc says he was handcuffed, his diabetes
medication was taken from him, and he was thrown into a holding cell for six hours before suffering a seizure from low blood
sugar. The case was dismissed on J an. 16 under a nollc diversion after Simkin performed community service, meaning lhe
prosecution requested dismissal and Simkin was cleared of tl1c misdemeanor charge.
Simkin, an affable 53-ycnr-okl mnn with nervous eyes and a scruffy red beard that bring Vincent Van Gogh lo mind, believes
"without a doubt" that his arrest and rough treatment arc connected lo his dispute with NPS, which oversees the Park Police.
Park Police Sgt. Paul Brooks says, "I have no knowledge. If the person in question wishes lo make a complaint,
they need to contact our internal affairs unit."
Simkin and Camp say NI' S' "intimidation'' of them is not unique. They point lo two other boathouses now operated by Guest
Services, Inc.: the Anacoslia Marina, whose owner was also charged with illegal dumping before NPS shut il down, and
rlctchcr's Boathouse on the C&O Canal, whose previous operator, they say, was threntened into leaving. NPS spokeswoman
WN. washlngtoncltypaper .com/blogs/housingcomplex/2013/01 /30/you-dont-know-jacks/ 2/5
129/14 You Don't Know Jai;k's: Why Won't the Feds Leave Jack's Boathouse Alone? - Housing Complex
Jennifer Mummart <lenies any relevance of Sirnkin's analoi:;ies, a<lding, "Certainly he has an int erest in trying lo maintain
noncompetitive s tatus."
But NPS concessions haven't been particularly competitive. Since i986, OSI- which Ls planning to bid on the Jack's concc;>ssion
-bas had right of first refusal on most of the region' s fodcr::illy owned park spaces. Simkin and Camp say LeBel lold them twice
that GSl had 11rsl dibs on the Jack's conc<:Jssion if it opened up lo bitkling, though Mumnrn1t and OSI spokeswoman Kl'is 'Roh1
say it does not.
Mummart says NPS won' t simply choose lhe highest bidder, but will use criteria li ke the operator's "experience" and "financial
capacity lo nm a business." UUL if the concession will be awarded on the basis of subjective criteria- criteria on which Simkin
has already proven himself- it 's unclem why NPS won'! consider lhe ptoposal that Norton and Evans and Simkin have all
pushed: a simple meeting with city officials and the Jack's staff to work out a deal.
With his bouming husiness, Simkin can presumably afford to pay more than his current $356 mont hly rent. And the American
t axpayer NPS claims to be working to protect surely won't mind if just one Potomac boathouse stoys independent and colorful
and out of the hands of GSI.
So why is NI'S so insis tent on moving forward with a new concession that could get tangled up in years of lawsuits? M ummarl
says NPS is "simply lrying lo offer a conlrncl lo provide these services, which is exactly wh<it we do in national
parks across the 'COL111t ry ."But if GSl has so often gotten right of lirs t refusal, why can' t NPS give the same privilege ton
beloved boathouse that's been in operation for nearly 70 years?
D.C. r esidents wouldn't complain. Every Georgetown resident, waterfront neighbor, and city official I s poke with
would like to sec Jack' s remain. Reviewers on sites like Yelp rave about their experiences there and give it higher ratings t han
ils more staid GSI-operated competitors. To many of its customers, it's not jusL a boathouse, but a neighborhood nrncnily. wilh
public grills, friendly staff, and a comfortably hippie- ish vibe.
"Everyone is in favor of retaining .Jacl<'s," says Ann Sattctthwaitc, who chairs the Fr iends of Georgetown Waterfront Park.
"I think theres a s trnng commitment from people in government and the privale sector to keep J ack's."
Maybe NPS could dodge an onslaught of litigation by corning around to the same perspective.
Photos by Da1Tow Montgomery
3es'&ayfn
Andrew
llaron-
Thonks for this,
NPS-
1 hope you are listening.
lllways Is.
And It's never pretty.
And It involves soire and sornz !YOMY. And the publlC end the Independent entrepreneur always get screwed.
I'm not necessarily a defender of Jack's Boathouse, but am a supporter of cheap public access to recreation on the PotOn'l!C & tr311sp0rent wocess
that Is '!early cxplilincd to the pub!i<;.
Il;lrring ttiet, I will take on the essurrptlon that all those other places that have the resenillance of private dubs are instuad open to the ptblie, wiU
hop Into one of those nice shells whenever I feel up for a ride on the
"On tho klttar poitlt, there's nol m.icn debate: PreUy m.ich everyone wanU Jack's to keep operating." Pretty rruch everybody wants boat
rental in Georgetown, that's far rromsaylng we all like this particular corrtiany. "They've been rude to rre and ITT{ friends, and staff attel'lllted to
shove ITT( own personal canoe out Into the water behind ITT{ back.
Everything I hear about them falls into two categories;
\. People wno like paddling and going ttiere but don't have strong feelings about the owner
2. People who like paddling and wish there was a operator there because they've bcM bwf\11 to sornzone they know
It's tirre for the NPS to oat a new vendor there.
vwv.washingtoncltypaper.com/blogs/houslngcomplex/2013/01/30/you-donl know-jacks/
#4
3/5
129114 You Don't Know Jack's: Why Won'I the Fads Leave Jack's Boalhouse Alone? Housing Complex
Anon
lust real quick
Rik
Arron
Arron

butchbetch
rs
"It's not for of success", Wei, yes. When sorreoi1e l\as a sweetheart rent deal at less than $400 a rronth for prim! location, It's not surpriSfn9 th&l
Jbd<'s OOathOuse IS widly SU(cess(ul. But should the National Park Service be charging rent so low It's practicaly a license to print m:>ney? 1 <IO not see
why they should.
Reasonable, fair rrarket rate night stop Jack's Boathouse, or anothor tenant, from being as wildly but l wouldn't stop them from being
blo In a fair way.
Could we please get sorm investi!)ativc reporting Into the profit, and financial nun'bers (which should be public tax records) for the Jack's Boathouse
con-rany7 (since t11ey operate on NPS land It seem; only fair)
That's the elephant In the room no one IS covering. If the COITl>ilnY has been rnking 111 riches while poyl!1g $JOO a rronth for public: water1ront land
(which l doubt they havci), peoplc won't bo so Slpportivc. I iowever if t11ey have been paying their errployees well, and rranaglng only rroderate
rinaneial $uccess, r think t lley can get the public: to fight for them aggressively,
The public opinion would be 100% In t heir It didn't srrcll like solT'Conc l>een getting an unrw business deal orr public lands for a really long
tirrc.
Because after all, you can arop a boat Into the rlller from just about anywhere, and get that real hippy vibe, for free.
Jack's IS not paying a rrarket based rent for the property. Taxpayers are getting hosed.
Actually, r was not - I quit.
The artlde does not accurntcly portray this.
However, I m.M that the artrcle 1$ accurate In that mf being fired was "According to Simkin".
wen played, Paull
Just to note, an officer was present when r
"Cnyx o!lo t+le no PycH
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HOP OFF
HI there would you letting me know whleh web l\Ost you're working I've IOaded your blog In 3 browsers and I mist s3y thiS IJiog
loads a lot raster then nnst. Can you suggest a good hosting provider at a honost prrc<:? Kudos, I
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[ ... ]New Stories Last Night's Leftovers: NoPa Edition Morning Links Arts Roundup: Moonthlon rs Slil 11ere Morning Clicks You Dont Know
Jack's[ ... )
ww.washingtoncitypaper .co1n'blogs/housingcompla'l12013101 /30/you-dont-know.jacks/ 4/6
/2!l/14 You Don't Know Jack's: Why Won't tho Feds Leave Jack's Boathouse Alone? - Housing Comp le)(
( .. . )The rronolithlc federal quarter of the southwest District? It used to look rather different. The Georgetown watetlront that was recentf{ converted
in<Jvstrial i.,n(I tidy park? ll once served a verv [,,,]
SUBSCRIBE TO DIS 11m; I LINL IJAll.V Email ( SUBSC_RIBE l
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ww. washingtoncitypaper .corn/blogs/houslngcompleJQ'2013/01 /30/you-dont-know]acks/ 5/5
1!2aR11MENT OF THE INTERIOR Mall - Goorgotown Waterfront Boothouses
Georgetown Waterfront Boathouses
Grace Bateman <grace.bateman@gmail.com>
To: Jon_Jarvis@nps.gov
Cc: St e\e_Whitesell@nps.gov
Dear Mr. Jarvis,
Wed, Jan 30, 2013 at 5:43 PM
On behalf of the Friends of Georgetown Waterfront Park we are sendi ng you the attached letter regarding the
pending boathouse issue. We would appreciate the opportunity to meet with you to discuss this matter further.
Sincerely yours,
Grace Bateman
Director
Friends of Georgetown Waterfront Park
tj FOGWP NPS Boathouse Letter.pdf
796K
ttps://mall.googlo. com/m all/ b/ 162/u/O/?ul=2&1k=f lew=pl&cat=Jack's BoathOU$e&seorch,,, 111
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ll1c1i-!a 11.loorrnan
'1B266875-4450.1
'
Jonathan 8 . .I arvis. Di rector
Nati onal Purk Service
1849 C Street NW
.J unuury :?.9, 2013
Subject: !im\t houscs on the Ucorgetown Waterfront..
Dear Director Jarvis:
We have recently learned that the National Park Service has decided to
delay issuing the non-decision making feasibility study for the boathouse
zone on tlrn Georgetown waterfront. The delay in issuing this "non-
dccision" document offers the opportunity for the NPS to finall y set a
course thut will lead to the actual construction of boathouses on the
Potomac in Georgetown.
A zone for boathouses on the Potomac River has always been part of plans
for the Georgetown Waterfront Park. Unfortunately, thtl constructi on ol'
boathouses in thi s zone has been bogged down fo1 decades by a
ending series of NPS studies and assessrnents. The 'non-decision"
feasibility study is the 1nost recent in a long line of such documents.
We hope that you can help break out of this long, discouraging cycle of
inaction. As we mentioned in our December 28
111
letter to you, boating
along the Potomac has been a high priori ty of the Friends of the
Georgetown Waterfront Park, and is broadly supported by an active and
enthusiastic boating community with whom the Friends has been working
for many years.
The NPS review associated with the renewal of the Jack's Boathouse lease
offers the oppo1tunity for the NPS not only to insure !he continued
operati on of Jack's, but also for the Park Servi ce to take concrete steps to
better utili z:c Thompson's boathouse and the Canoe Club structure. Most
important, the NPS review should inch.1dc n spcci fie road map for allowing
F1t11: :--:Ds OF GF.oRc;nowN \V/ ,, TER rno1'T P ,, RK
P.O. Box .365.>
W1\SH1i'c...;TuN. D.C. 20027
Georgetown Uni versity and George Washington University Lo actually bui ld their long
awaited boathouses. The time for "non-dedsion" studies is past; the tin1c for uction is
now. We request the opportunity to meet with you to discuss see how our shared vision
for boathouses on the Georgetown waterfront can at long last become a reality.
Sincerely yours,

Ann Satterthwaite
Board Chair
cc: Stephen Whitesell
482668754450.1
1 1 . ' t ' ~ Mall Vox Popull Update: Jiick's Boathouse lo i ake NPS lo court
Vox Populi Update: Jack's Boathouse to take NPS to court
tammy_stidham@nps.gov <tamrny_stidharn@nps.gov> Wed, Jan 30, 2013 at 5:45 AM
To: Peter May <Peter_May@nps.gov>, Ste'A?l Whitesell <Steve_Whitesell @nps.gov>, Lisa Mendelson-lelmini
<Usa_Mendelson-lelmini@nps.gov>, tara_morrison@nps.gov, steve_lebel@nps.gov, jennifer_mummart@nps.gov
http:! /blog. georgetown'vQice. com/2013/01 /29/ update-j acks-boathouse-to-take-nps-to-court/?
cb=05317798699252307
Tammy Stidham
National Park Serv;ce
1100 Ohio Drive SW
202-619-7474 office
202-438-0028 cell
Tamrny _stidharn@nps.gov
ttps ://mall .google. com/mall/bl 152/u/O/?ul=2&ik=r 534 768664&v lew=pt&col " Jock's Boilthouse&seil rch= . .. 1/ 1
iaAlltml Park Service to court : Vox Populi - The Georgetown Voi ca ...
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take National Park Service to
court
Posted by Isabel Echarte on January 29, 2013 2 Comments
Jack's
Boathouse, a popular Georgetown canoe and kayak rental
establi shment that has operated since 1945, Is fi li ng a complaint with
the United States District Court for the District of Columbia this week to
prewnt the National Park Service from evicting it on Jan. 31, according
to Washington City Paper.
NPS, which has leased the waterfront property to Jack's Boathouse
log .georgetownvol co.corn/2013/01 ...
I Search Si te
Go
DODD
ABOUT
Vox Populi is the staff blog of
the Goorgetow1 Voice,
Georgetown Uni\A9rsity's
weekly newsmagazine.
Opinions expressed in posts
are those of their author alone
unless otherwise stated.
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114
lll f'btltll Par!< Service to court : Vox Populi - The Geotgetown Voice ...
since October 1973, has not said why it is attempting to e"1ct the
business, though it plans to proceed with an open bidding session for
the site.
Jack's owner, Paul Simkin, and his attorney, Charles Camp, claim
that the NPS no longer l1as jurisdiction over t l1e land. The two brought
attention to a 1985 D.C. Council resolution, which transferred
jurisdiction of the Georgetown waterfront from D.C. to the federal
government. They said the resolution specified that the land would
return to the city in the case of amendments to a related deed and that
two amendments had been made.
A 1987 letter between the NPS and the mayor's office complicates the
situation e\A9n further. In the letter, then-mayor Marion Barry and NPS
National Capital Regional Director Manus J. Fish. agreed that the land
would only re\A9rt to D.C. once amendments have been made other than
those that are "technical or insubstantial."
Camp said the letter and the resolution contradict each other and that
the wording does not give NPS "blanket authority" over leased
properties. Howe\A9r, Peter May, NPS's associate regional director for
the National Capital Region, told City Paper, that he believes the letter
makes it clear that the Park Ser"1ce still retains full authority over the
Patch reported that Simkin and his attorney brought the issue to the
attention of the D.C. Attorney General's office in the hopes that they
would file suit, but the office would not rnake a public statement or offer
an opinion in regards to the issue.
Camp said that they would sue any other business that attempts to
operate on the site if NPS awards them the contract.
Voice News will have the full details of the Jack's Boathouse legal
controversy in the print issue Thursday.
Photo: Hiiary Nakasone/Georgeto'M1 Voice
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l:lOc'.lh\ll Park Service to court : Vox Popull - The Georgetown Voice ...
Category: Nows , Vox Pouli Tags; Jack's Boathouse, National
Park Sel'\lice, NPS
2 Comments on "Update: Jack's Boathouse to
take National Park Servi ce to court"
.Jirnwiry 30, 2013 by Gcurgc
I hope you nai l t here butts to t he wall on this. But
remember you are dealing with the Gov and Gov
employees that could care less that thGy are trying to
destroy your lil.elihood and a business you ha1.e built
up for 01.er 50 years. They get paid regardless. They
should do what's ri ght and back off.
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4/4
r.l9P11fHE INTERIOR Mail - R11: 2013263 Jack's boathouse FOi/\ Request
Re: 2013-263 Jack's boathouse FOIA Request
Jennifer Mummart <jennifer_mumrnart@nps.goV>
To: steve_whitesell @nps.gov
Ok- thank you.
From: Whitesell, Steve [mai lto:steve_whitesell@nps.gov]
Sent: Tuesday, January 29
1
2013 03:36 PM
To: Mumrnart, Jennifer <jennifer_mummart@nps.gov>
Subject: Re: 2013-263 Jack's boathouse FOIA Request
Jennifer
Tue, Jan 29, 2013 at 5:55 PM
I have reviewed my files and have only one responsive document which I will provide you via hard copy.
qn Fri, Jan 25, 2013 at 1:17 PM, Mummart, Jennifer <jennifer_mummart@nps.goV> wrote:
A Weiner (City Paper) FOIA request.
Jennifer Mummart
National Park Sel'\Ace
(202) 619-7174
www.nps.gov
The National Park Sel'\Ace cares for special places saved by the American people so that all may experience
our heritage.
From: Hernandes, Juricka <juricka_hernandes@nps.goV>
Date; Fri, Jan 25, 2013 at 11 :50 AM
Subject: Fwd: 2013-263 Jack's boathouse FOIA Request
To: Tawana Armstead <tawana_armstead@nps.goV>, Tara Morrison <tara_morrison@nps.goV>, Steve LeBel
. <steve_lcbel@nps.goV>, Peter May <peter_may@nps.goV>
Cc: Jennifer Mummart <jennifer_mummart@nps.goV>, Margie Ortiz <margie_ortiz@nps.goV>
All:
Please see attached a new FOIA that came in last night regarding Jack's Boat House. I am forwarding this to
you in case you have any responsive documents, please let me know if I should forward this to anyone else as
well.
ttps ://n'lall.googlo.oom/moll/b/ 162/u/O/?ul .. 2&1k =f 534 76866d&v iew=pt&cal=J ack' s Boothouse&searcti .,, 1/5
Thank you,
Julie Hernandes
Nat ional Capital Region Of fi ce
Communications I Partnerships, Youth & Community Engagement
--Forwarded message --
From: Mummart, Jennifer <j ennifer_rnummart@nps.goV>
Date: Fri, Jan 25, 2013 at 11 :42 AM
Subject: Re: 13-263 Weiner NPF Jack's boathouse correspondence FOIA
. To: "Hernandes, Juricka" <juricka_hernandes@nps.goV>
Yes, please to all of them.
Jennifer Mummart
(202) 619-7174
www. nps.gov
our heritage.
On Fri, Jan 25, 2013 at 10:54 AM, Hernandes, Jurlcka <juricka_hernandes@nps.goV> wrote:
Should I forward this to Rock Creek as well? Lands, Planning, and Design? Steve Lebel?
Just want to make sure this gets out to everyone that it needs to.
Julie Hernandes
National Capital Region Office
Communications / Part nerships, Youth & Community Engagement
From: Charis Wilson <chari s_wi lson@nps. goV>
Date: Fri, Jan 25, 2013 at 10:46 AM
Subject: 13-263 Weiner NPF Jack's boathouse correspondence FOIA
To: ri ch_weideman@nps. gov
f OF THE INTERIOR Mail Ro: 2013263 Jack's boathouse FOI A Request
Cc: "Hernandes, Julie" <j uricka_hernandes@nps.gov>, margie_ortiz@nps.gov
Hi Ri ch,
The National Capitol Region has received the FOIA request for copi es of any correspondence
between NPS and the Nati onal Park Foundation re lated to Jack's Boathouse i n the Georgetown
Waterfront Park. Obvi ously t hey have t o search thei r records, but I'm thi nki ng that since t his relates
to NPF, that your offi ce mi ght also have responsive records.
So could you l et ei t her Jul ie or Margi e know if t he Partnership offi ces have any records t hat would be
responsive to thi s request ?
Thanks,
c.
Ms. Charis Wilson, MLS, CRM
NPS FOIA Officer
12795 W. Alameda Parkway
PO Box 25287
Denver, co 80225-0287
303-969-2959
Fax: 303-969-2557
1-855-NPS-FOIA
"What we fi nd changes who we become." - Peter Marville
"The historian works with records ... there is no substitute for records: no records, no history." - Paraphrasing
Langlois & Seignobos (1903)
"Let us be guardians, not gardeners" - Unknown, From 1963 Living Wilderness editorial - Attributed to Adolph
Murie
tips :I/mall. googla. com/mall/bl 152/u/O/?ui=2&1k=f 534 76B664&v IOW"'pt&cat J lilCk's Boathouse&soaroh".,, 3/5
r<!S'P14HE INTERIOR Mail Ro: 2013-263 Jsck's boathouse FOIA Request
From: Hernandes, Juricka [mailto:juri cka_hernandes@nps.gov]
Sent: Friday, January 25, 2013 6:52 AM
To: Charis Wilson
Cc: Margie Ortiz; Jennifer Mummart
Subject: Fwd: Fw: FOJA request (Washington City Paper)
Hi Charis,
This FOIA came in last night (attached). I already entered it into EFTS and the tracking number is NPS-
2013-00263.
To whom else should this FOIA be forwarded to?
Thank you!
Julie Hernandes
National Capital Region Office
Communications/ Partnerships, Youth & Community Engagement
- - - Forwarded message ---
From: Jennifer Mummart <jennlfer_mummart@nps.goV>
Date: Thu, Jan 24, 2013 at 6:33 PM
Subject: Fw: FOIA request (Washington City Paper)
To: Margie_Ortiz@nps.gov
Cc: juricka_hernandes@nps.gov, david_barna@nps.gov
I have not reviewed this yet, but wanted to get it to you to start the process ASAP.
Thanks,
Jennifer
From: Aaron Wiener [mailto:awiener @washingtoncltypaper.com]
tt ps ://mall. google. com/mall/bl 152/u/ O/?u i=2&11< =f 634 766664 &v iew=pt&c al Jack's Boat ho us o&s care h" ... 4/5
ra!lPl.frlE INTERIOR M11ll - Re: 2013263 Jack's boathouse FOIA Request
Sent: Thursday, January 24, 2013 04: 17 PM
To: david_barna <david_barna@nps.gov>; Jennifer _Mummart@nps.gov <Jennifer _Mummart@nps.gov>
Subject : FOIA request (Washington City Paper)
Dear David and Jennifer,
Attached is a FOIA request. (The DOI FOIA site isn't working for me.) Please let me know if I can provide
any additional information.
Thanks,
Aaron
Aaron Wiener
Reporter, Washington City Paper
(202) 650-6928
was hingtonc itypaper. com/blogs/hous i ngcom plex
@aaronwiener
llps ://mnll.google.com/m all/b/152/u/Oi?ul 2&ik=f 534 766664&v lew=pt&o::it J11ck' s Boathouse&search= . 5/5
Mtil'14..1Jck's Boathouse Will Take Park Serv ice to Court Housing Com ...
Jack's Boathouse Will Take Park Service to Court - Housing Complex
tammy_stidham@nps.gov <tammy_stidham@nps.gov> Mon, Jan 28, 2013 at 6:23 PM
To: Peter May <Peter_May@nps.gov>, Whitesell Lisa Mendelson-lelmini
<Lisa_Mendelson-lelmini@nps.gov>, tara_morrison@nps.gov, jennifer_mummart@nps.gov
Interesting comments
http://www. was hingtoncity paper. com/blogs/ hous i ngcomplex/2013/01 /28/jacks-boathouse-will-take-park-service-
to-court/
Tammy Stidham
1100 Ohio SW
Washington.DC 20242
202-619-7474 office
202-438-0028 cell
1/1
129/14! Jack's Boathouse Will Take Park Service to Court - Housing Complex
Jack's Boathouse Will Take Park Service to Court
Posted by Aaron Wloner on Jan. 26, 2013 <>l 1226 p111
Jack's Boathouse, the popular Gcnrgclown hoaling establishment facing eviction as early as next month, will file a complaint
with the United States District Court for the District of C.:olumbia this week lo prevent the National Park Service from moving
forward with its process to establish a new concession for the site.
The move comes after the D.C. attorney general's office declined late last week to issue a public opinion on the dispute bet ween
Jack's and NPS. The attorney general's office looked into the case after Jack's owner Paul Simkin and his attorney Charl es
Camp discussed the matter with Ward 2 Councilmcmbcr Jack llvans, who passed the information along to the A.G.
Fur ther complicating mailers for .Jack's is a newly surfaced i987 lettcr signed hy then- mayor Marion Barry and NPS
National Capital Region Director Manus J. Fish. The 1985 D.C. Council resolution authorizing the transfer of jurisdictio11 over
the Georgetown waterfront from D.C. to the federAl government stipulated that t he lai1d would revert to the city in the event of
amendments to a r elated deed. Camp asserted that there had been two Amendments, and therefore NPS no longer had
jnriscliction over the land. Moreover, he said, NPS had not fulfill ed its obligation in the HJ85 resolution to maintain all wharves
and piers on t he transferred land.
But the resolution was also continKenl on the "exchange of letters" between the mayor's office and NPS clarifying a few poi11ls
in the transfer. For a time, no one could find any such letters, and Camp was skeptical of.their existencc. llul late last week,
NI'S got a hold or the key let tc1 and passed it along to me.
The letter is more specific on the poinl of a111endments than the original resolution, establishing that reversion will occur if the
deed "is amended by other than technical or insnbstanlial amendments." It also clarifies that NPS is 1esponsible for muinlaining
piers and wharves that arc "not the subject of leases loca ted on the transferred land 01 in the adjacent waters," as .Jack's is.
Peter May, NPS' associate regional director for the National capit al Region, believes the letter maktis dear that NPS retains
j urisdiction over the property. "It's not a blanket call for reversion, that with any amendments it would revert," he says. "It
was more specific than that."
May adds, "The exchange oflellers also slated that the maintenance of wharves and piers would be the responsibility of the
Park Service except for lcusecl properties. There were several leused properties ut the t ime of the l t'nnsfcr, b\lt ,Jack's is the
only one that remains."
But Camp disagrees that the letter simply cl a rifles the resolution an<l urgues that the two documents are in fact contradictory.
"There's a fondamental inconsistency between the resolution and the letter," Camp says.
Camp also says the wonling of the letter doesn't give NPS blanket anthodty over the property. The letter states, "The District
ashlngtoncitypaper.comlblogs/housingcomplexl .. ,/)acksboathouso-will take park-service-to-courV 114
/29/14 Jack's Boathouse Will Take Park Service to Court - Housing Complex
of Columbia shall delegate its duties uudet existing leases and shall assign the rents derived from existing leases to the National
!'ark Fuu11datio11, to be used to t he benefit uf the Gout gNown Waterfront l' ark."
According to camp, that doesn't allow NPS to evict one tenant and install another. ''It's a limited transfer," he says." It's to
a<lmil1istcr nnd maintain it. It's nut lu kick a tenant out."
As for the question ofwhC'ther the letter supersedes the 1985 Conncil resolution, Camp says, "I think t11at's a qut:st icm for the
U.S. District Cour t to decide."
Camp says lhc complaint to the court will seek "a declaratory judgment, injunctive relief, and damages." He's also said thal if
NPS moves lo install a new operator, he and Simkin will sue the operator.
An NPS spokeswoman couldn't immediately be reached for comment .
Phutu by Darruw Montgomery
anon&
Kurt
anons
T11e level or ''whine" that col'f'es out of the rrouths of rolkS like Jac!G, (and that farnl!r guy Jn MontpolT'(]ry County wJ10 was rarn1ng on Publle School
property for decades) that have been 9ett119 over the top rldleulous sweet hcnrt dcots on public property IS astounding.
I guess I would whine lik.e a gi'I too If I was rentlng J>firT'e water front property ror $356 a ironth {$4300 per/ year), an arrount that not increased
$1 dollar In the past 30 years, yet collect mlkms of doll&r$ in revenue during the year. Jacl<s said they Md 72,000 custorrers. E\len If each chose the
cheapest option on Jaoo list for one hour (renting a canoe for a 712 year old at $7 doll&r$ on hour), thats a mnlon a season in revenue.
Woe Is ire, yo1've hed & 4 decade sweet heart deal thats alowod you to p<>Ckel rriliOns or dollars.
Just be thankful that you ride the gravy train for as ITTJny decades os you did. ThiS iS extrel'f'ely valuable PUBUC property and the public should be
getting a fair fiscal deal out of
Hey look. an anonyirous corrrrenter posting nonsense. Spare rre tho ITTlMin9 obout the "over the top" deals, "anons." I've paddled there for
It was a dun'P before Sln1<Jn took over.
Let's discuss your r acts.
( I ) 1l1e current owner has not been there ror "decades" but the Institution that Is Jack's been. Slnidn has only been there tor a few yC8'1.
(2) Sifl'ldn m'.ly have had a "sweet dear with the rent but would you have gone to your landlord and say "please raise ITT( rent "7 Yeah, that's what I
thought.
(3) Slrrkln Just wants 11 chance to corrpete fairly. The NPS does not have to choose the highest bidder. Guest Services Inc. which Just happens to
been rounded by forl'f'er NPS eJT'llloyees hlls beon awMded nul'f'erous vendor contracts tike this one being the highest bidder. Could bo
just coincidence, I guoss.
(3) Your ITTJth Is terrible. I don't know where the 72,000 nurrocr of custon"er$ COl'f'es from but It IS not possible for thbt to be an annual nuniler. Being
open from April-October each year gives them nbout 30 weeks. To have 72K customers a year they would have to have 2400 RENTALS PER WEEKI
(and each person only rented Once per season). 11\ey would have to have 84 per hour. 12 hours/ day, 7days/wcckl Afl!I w11en you
factor in that business IS very IOw during the day on weekdays I'd say your nurrt>ers are ' over the top" rldiculOus. Did you giVe that nl:>re than S
seconds tnought7 1r Jack's put that 72K nurrocr out there I'd have to guess It's a rough cstirmtc or the null'(?r who have ever rented there.
As a regular custorrcr I Just wbnt to help Insure that Jack's Boathouse Jives on ond that Slrrkin has a (air chance to continue to run It. He should not be
kitl<,(:d out ror a wel<onnecte<I corrpany or for a rich (Georgetown) that wants a boathouse for crew team. The place looks rruch
better since Silridn took over.
It iS clear you aren't rerrotcly forrili.)r the and Intend on errbarraslng yourscJ.
'Since then, businC$$ hlis expanded in size to serve 72,000 custorrcrs-uJ) rrom4,000 a rew years ago'
Google ''jacks boathOuse 4000" and you wDI see Jinks to WMAU, Georgetown Volee, WaPo and yes, Jacks own page. SO you W you Issues with
\he nun1ler (which yes, Is "per year", J suggest you take It up with Slrrkln,
Would I oo to rrv k'lndlOrd and ask them to raise ITT( rent? No, but then I wouldnt Whine like a child when they did for the first Urre In THREE DECADES.
I would count rt( luck stars SOl'f'eone wasn't paying attention, ond reaize the gravy train was nice, but It Is public; property and that rrerket rent rates
are fair.
The current lcnsc IS fl'Onth to rronth and has been unchanged for N35 years. l t IS a waste of public property and a public: resource to let sol'f'e guy
what IS obviously mHlons a yeM while J)l!ying 3 rew hundred a nl:>nth In rent.
Yes, the cont ract should to the highest bidder. 1 don't care who It Is, but It should go to the highest bidder, plain and slrrple. If Sln'l<Jn wants to rl\ill<e
that hl<Jh bid, lf not, loo bad.
Oh, and l&Stly, you say It was a dUJT'll before he took over. lt still ls a durrp, so I don't know what your point 1$.
ashing to ncllypa per.com/blog s/hou s i ngcomplax/, . ./jacks-boa thou se-wi II take-pa rk-sa rvica-to-cou rl/
#1
214
/29/14
CDCWOC
Charles camp
Arron
Arron
Arron
Arron
Jack's Boathouse Wiii Tako Park Service to Court Housing Complex
PO$l ed on January 25, 2013;
'While Jack's Boat House hlls 3 IOng hlSlory, lhls guy Is a JOKE. Sini<in i5 lrying to rrenlpulate the system 0nd prevent the Park Service from off er the
concession ror bid as required by law. He dOes a right and Is not being prevented rrom subrrittlng a proPOsal In the corrpetlllle
process. l am dlSappolnted that our and fock Eviir\S would even atterrpt to Intervene In the pr(l(\!ss wlthOut knowing
al the facts of at least seeking better understanding. SIMKIN was chbrged wit h Unauthorized Disposal or SOiid waste and corrpleted a dlverslOn
program on Jonuo,y 20l3; result In the case being Nolle, eccordlng to DC Superior Court records.
My only concern 1$ lhat this guy has raised the Issue or D rit;!er In the transfer deed that ralSes D question of ownership of the property by US Park
5eNlce or the District Governrront. The AG ShOLJld detern1ne the status ond 1$$ue a ruling so the bidding process CM n'Ove forward delay. Thi!;
will allow the Boat House to open on tin-e for the upeonin9 scasor' end end this nightrrere."
Now that wo rove or tile addltlonal docun'l!nts thM d.'!ril y the details and confirm that the llllld does not revert back to the Oistrict for techr11cai
orn::ndn-ents, It iS tln-e to get on with the process.
ex: AG has declined to Issue an opinlOn on the ownership of tho land.
While the conlr3ct sh0111<l go l o the highest bidder, there arc cireum1lances that permt a lower bidder to be awarded the contract, such as proven
or running the type of contract wlth a history or COJlllliance. I too don't caro who lt 1$, but It should go to the bidder, lhDl exercises son-e
Integrity.
I understand thot Sirri<in IS lighting ror his cash cow and 10 hold onto the contract by rri:&ns necessary.
ThlS case wUI end up In court and be resolved in US District Court. But for now let NPS rrove forward and solict bids, so the new wncesslon can open In
time for the upcomng Sln'j(jn and NPS can battle lt ovt In court tor the next few he dMlres.
And I wiU say thlS again Mr. Snidn has the right to subtrit a bid and NPS has not lndie3tcd that they are not will to evak.Jato a bid from llim. This Is the
way the Federal contracting process works; no one gets to take advMtage or tax payers a non concession forever.
COCWOC, If only you knew the facts or the law. Who arc you lhe Corrplalnt wlU be flied tom>rrow.
Hey Charles!
r suppose the artic;IC explains why you are In dlsagrccm::nt Wilh CCX:WCX:'s cornrent, but uh, who arc you anyway?
l suppose the article also explains who you arc, $0, n-eybe you can elaborate a little on this e"l!iOYee whO was fired .
Furtherrrore,
1r, as Slni<in suggests in the Miele ''You Don't Know Jack's", this Oflllloyee was fired and then went to the Park serviee, why not also go after him ror
"Intentionally Con$piring with the NPS to Interfere with Jack's"?
I rrcan, lt's JU$! a thought.
When your client told that errployeo, ''I'm going to ruck you over so badl", rrnybc Sirrl<in was maklng a poor atterrpt bt threatening the boy, and was
not In fact planning on pursuin9 legal actions against him.?
... just another thought.
Elther way, l'msure the kid feels giddy with &nxiousness! And, either way you look at It, l'msure this was just a rmnWestatlon or Sirrl<ln Intentionally
conspiring with his own inner derrons to Interfere with and destroy the errployee's pursuit of justlee.
Whbtcver happens, surely It can't be as bad M the tlma Slni<ln pulled a florc gun on that eJlllloyee while they were in the trailer-office. Maybe you've
seen It- the one ho keeps the door sill.
I in l rn111u tl11& Ar tr h
t Hktd from
( . .. ) BoathOuse dlSpute likely to end up In court, sooner or later. Share this;TwitterF&celJookGoogle +1Sturri>leUpon0i99RcddltLike thls:LikeBe the[ ... ]
SllOSCRIOL TO DI<; IRIGl I llJr: OAILY [Emai l
-a sh Ing ton cltypa per. cornlb logs/hou slngcomp lex/ .. ./jacks-boa thousov..illla ke-pa rk-se rvlce to-court/
fS
H
3/4
Jack's Boathouse Will TakQ Park Service to Court - Housing Complex
I 11 "'":. :1td t'111 '1
1
tlHfljl'' .. , ,\ ''11llll'l!tt lf11
., f (f/ I I'"'., "(j h L
ashlngtoncitypaper.convblogs/houslngcomplex/ .. .ljacksboathouse-will take park-servlce to-court/ 1114
Mlii!l4Jack's Boalluuso Pursuing Litigation Against NPS - Georgetown, ...

Ell
II
Jack's Boathouse Pursuing Litigation Against NPS .. Georgetown, DC Patch
tammy_stidham@nps.gov <tammy_stidham@nps.gov> Tue, Jan 29, 2013 at 7:03 AM
To: Peter May <Peter_May@nps.gov>, Steve Whitesell <Steve_Whitesell @nps.gov>, Lisa Mendelson-lelmini
<Usa_Mendelson-lelmlni@nps.gov>, tara_morrison@nps.gov, steve_lebel@nps.gov, jennlfer_mummart@nps.gov
http://georgetown.patch.com/articles/jack-s-boathouse-pursuing-litigation-against-nps?
ncid= newsltus patcOOOOOOO 1
Tammy Stidham
National Park ser.;ce
1100 Ohio Drive SW
Washington,DC 20242
202-619-7474 office
202-438-0028 cell
Tammy _stidham@nps. gov
1/ 1
se Pursuing 1.itigat:on Against NPS - Gov urnmont Georgetown. OC Patch
Georgetown
News I Government
Jack's Boathouse Pursuing Litigation Against NPS
The Georgetown waterfront fixture will file a co mplaint in US District Court this week.
Posted by Shaun CoL1rtnc y (Editor), Januaty 29, 2013 at 08:07 PM
More
maintain its right t o operate a boat rental company at
to the United States District Court for the District of
Columbia this week, according to t he Washington City Paper.
The small business seeks to prevent the National Park Service from proceeding with its open
bidding process for a new concession for the site.
NPS says it is only following its standard protocol for co ntracts on park property by pursuing
a concession contract rather than renegotiating a lease wit h boathouse owner Paul Simkin.
Interested in getting Georgetown Patch directly into your inbox each morning? Learn
more about our daily newsletter.
Simkin and his attorney, Charles Camp, previously explained to Patch that they believe NPS
may not have the right to the property and therefore NPS lacks the ability to issue a
concession contract or end the business' lease. Camp believes NPS has taken certain actions
that would cause the land to revert to the District of Co lumbia's ownership.
"We believe that we have full jurisdiction of the Georgetown waterfront park,
11
Jennifer
Mummart, the acting NPS associate regional director for communications in the national capital
region, told Patch last week.
Jack's had hoped the DC Attorney General' s office would step in and potentially file suit over
the land. But last week Ted Gest, a spokesman for the DC Office of Attorney General, told
corgetown.patch.com/groups/polltlcsand-electlons/p/jack-s-boathouso pursulng-lltlgatlon-against-nps 1/5
Li\lgat:on Against NPS - Government - Georgetown, DC Patch
Patch the office would not make a public statement or offer an opinion on the Jack's
Boathouse issue.
So Jack's is moving forward on its own. Camp told the Washington City Paper that he is
asking the court for "a declaratory judgment, injunctive relief, and damages ." Camp also Lold
Lhe paper that they wou ld sue anyone who t ried t o operate a business on the Jack's
boathouse site, should NPS award the contract to another business.
Related content:
Jack's Boathouse Fighting Potential Ouster by NPS
Wat erfront Boathouse Zone Plan Pending Jack' s Boathouse Resolution
NPS Responds to Jack's Boathouse Conflict
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Comments
sharona January 29, 2013 at 11 :51 AM
I am in support of Jack's Boathouse.
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(b) (6)
(b) (6)
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129/ 4 DEPARTMENT OF THE INTERIOR Mail - Fwd: Jack's lawsuit
Fwd: Jack's lawsuit
Mummart, Jennifer <jennifer_mummart@nps.goV> Tue, Jan 29, 2013 at 8:24 AM
To: Steve Whitesell <Steve_Whitesell@nps.goV>, Lisa Mendelson <lisa_mendelson-ielmini@nps.goV>. Steve LeBel
<steve_lebel@nps.goV>, Tara Morrison <tara_morrison@nps.goV>, Peter May <Peter_May@nps.goV>
Good morning - please see below from Barna and Blake Androff regarding potential lawsuit and commenting to
the media.
Jennifer Mummart
(202) 619-7174
www. nps.gov
The National Park Ser\Ace cares for special places saved by the American people so that all may experience our
heritage.
- - -- Forwarded message ---
From: Barna, David <david_barna@nps.goV>
Date: Tue, Jan 29, 2013 at 7:35 AM
Subject: Re: Jack's lawsuit
To: "Androff. Blake" <blake_androff@ios.doi. goV>, Jennifer Mummart <Jennifer_Murnmart@nps.goV>, Jeffrey
Olson <jeffrey _olson@nps.goV>
Cc: Suzanne Waldron <Sue_Waldron@nps.goV>, Kate P Kelly <Kate_Kelly@ios.doi.goV>, Jessica L Kershaw
<jessica_kershaw@ios.doi.goV>
Blake
Jennifer Mummart (from our office) Is the acting communications officer for the national capital region and this has
fall en into her lap.
Once a law suit is filed we will have no additional comment on this issue while it is under litigation.
David
On Tue, Jan 29, 2013 at 7:24 AM, Androff, Blake <blake_androff@ios.doi .goV> wrote:
Barna -
Who is covering Carol's desk while she is out this month?
B
I lp5:/l m ai l.google. com/mai l/b/152/u/O/?ul;;2&ik =f 534 766664&v lcw pt&cat=Jack's Boathouse&search= ... 1/2
129/1-l DEPARTMENT OF THE INTERIOR Mail - Fwd: Jack's lawsuit
From: Androff, Blake <bl ake_androff@ios. doi.goV>
Date: Tue, Jan 29, 2013 at 7:22 AM
Subject: Jack's lawsuit
To: Whitesell Carol Johnson <Carol_B_Johnson@nps.goV>, Maureen
Foster <Maureen_Foster@nps.goV>, Margaret O'Dell <Peggy_O'Dell@nps.goV>, Suzanne Waldron
<Sue_ W aldron@nps .goV>, David Barna <david_barna@nps. goV>
Cc: Kate P Kelly <Kate_Kelly@ios.doi .goV>, Jessica L Kershaw <j essica_kershaw@ios.doi.goV>
Heads up on an impending lawsuit by Jack's. As we call know, this will limit how much Carol and the Park are
able to discuss with media.
JACK'S BOATHOUSE TO FIGHT EVICTION IN COURT. In its "Housing Complex" blog, the Washington Ci ty
Paper (1/28, Wiener, 69K) reports, "Jack's Boathouse, the popular Georgetown boating establishment facing
eviction as early as next month, will fi le a complaint with the United States District Court for the District of
Columbia this week to the National Park Service from moving forward with its process to establish a
new concession for the site." Charles Camp, the attorney for Jack's owner Paul Simkin, said "the complaint to
the court will seek 'a declaratory judgment, relief, and damages."' Camp's "also said that if NPS
to install a new operator, he and Simkin will sue the operator."
Blake Androff
Deputy Director of Communi cations
Offi ce: (202) 208-6416 I Cal I : (202) 725-7435
Blake Androff
Deputy Director of Communications
Offi ce: (202) 208 6416 I Cell: (202) 725-7435
Davi d Barna
Chief Spokesman
ttps ://mail.googlo. com/mall/bi 152/u/O/?ul"2&ik =f 534 768664&v lew=pt&cat,,Jock' s Boathouse&search= ... 2/2
129114 DEPARTMENT OF Tl-IE INTERI OR Mail - Update on Jack's
Update on Jack's
May, Peter <peter_may@nps.gov> Fri, Jan 25, 2013 at 8:03 AM
To: St eve Whitesell <Ste...e_Whitesell@nps.gov>
I ~ some information to share on my discussions with DC. Can you call me? 202 360 8160. Thanks.
Peter May
Associate Regional Director - Lands, Planning, and Design
1100 Ohio Drive SW, Wasllington, DC 20242
(202) 619 7025
peter_may@nps.gov
..
lips ://mail.google.com/maillb/ 152/u/Ol?ul 2&1k=f 534 768664&v ICW"Pl&cat =Jack's Boathouse&se11rch= ... 1/1
112&fl111 NPS' O'M1ership of the Georgetown Waterfront Called Into Ques ...
NPS' Ownership of the Georgetown Waterfront Called into Question I The
Georgetown Metropolitan
tammy_stidham@nps.gov <tammy_stidham@nps.goV> Thu, Jan 24, 2013 at 9:22 PM
To: Peter May <Peter_May@nps.goV>, Steve Whitesell <Steve_Whitesell @nps.goV>, Lisa Mendelson-lelmlni
<Lisa_Mendelson-lelmini@nps .goV>, steve_lebel@nps.gov, tara_morrison@nps.gov, jennifer _mummart@nps.gov
This article was posted earlier this week. Eight comments have been made since the article was posted. See
comment by Mr Camp posted today.
http: I I georgetown met ropol ita n. com/2013/01 /22/ nps-owners hi p-of-t he-georgetown-waterfront-cal led-i nto-q ues t ion/
Tammy Stidham
1100 Ohio Drive SW
Washington,DC 20242
202-619-7474 office
202-438-0028 cell
Tam my_ s tldham@nps.gov
tips ://mall.google.com/ malllbl 152/u/O/?ul 2&1k 11f 534 768664&v lew=pt&cat,,Jack's Boathouse&search" . ,
111
~ t o w Walt.rl ront Callod Into OuoGtlon I The Georgetown Metropolitan
JANUARY 22 , 2013 10:00 AM
NPS' Ownership of the Georgetown Waterfront
Called into Question
As repol'lecl over the weekend by Aaron Wiener of the City paper, Paul Simkin, the owner of Jack's Ba thouse, is
asserting the lhe National Park Serv ice no longer owns the Georgetown waterfront.
Sim kin's assertion is based upon a r eading of the original council resolution regarding the transfer of the land
from the city toNPS in i985. The r esolution provides that the transfer will revert to the city if there ar e any
amendments l o the deed. There have been two amendments, in 2000 and 2005.
GM's worst grade in law school was in property law, so he has zero idea how strong a case Simkin has. His
initial thought is that it's not terribly strong since the reversion language is in a council resolution and not the
deed of transfer itself. But that's a C+ property law student talking.
But setting aside the legal issue, whal would be the ram ifiel'l tions if Simkin is right? Pretty big. As Jack Ev a ns
point ed out in the City Paper article, it would mean the city has to pay to maintain the park, someth ing it's in
a much better position to do that now than in 1985 (l et al one i 995).
The park would immediately become a crown jewel in the city's park portfolio. And while GM has some
concerns about the city's ability to maintain it, he would be very interested to sec what the city could do with
the park. That's because the park currently strains under NPS' orthodoxy r egarding "passiv e enjoyment " of
the park. Under this philosophy, no organized event s or activities can take place in the park.
eorgetownm et ropolllan. com/ .. .I nps -own ors hip-or t hegeorgetown-waterf rent -called-into-ques lion/ 1/5
Watt1rfront Called into Question I The Georgetown Molropolitan
For an illustrat ion of wh at that means, remember tha t befor e the city relinquished cont rol of t he park, it r an a
t>opul ar ice rink there in th e winter . As soon as NPS t ook over, the rink was permanently mothballed.
There is a lot of responsibility that goes with running this beaut iful park, and the city would h av e to be careful
how i t would manage it (the wonderful Fri ends of Geor getown Waterfront Park would still play a key r ole in
protecting the park). But such fun events like a summer mov ie fest could t ake place much more easily if the
city owned the land.
And, of course, this would give Simkin a huge upper hand in keeping cont r ol of Jack's, seeing as he has st r ong
l ocal support. This would also h ave the potenti al to jump star t the long delayed plans for two to t h ree new
boat houses cl ustered around the Key Bridge. With on t N PS' never ending pr ocesses, the cit y could move fast to
get those proj ect s moving.
Of course, all of tha t is gelling a li ttle a head ofourselves. The legal question comes first. Bu t there's a more
than negligibl e cha nce that NPS may ultimat ely rue the day it tried to ki ck out J ack's.
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eorgelownmQttopoliton.com/ . ,/nps-ownershipOf -l he"gcorgotown-weterf ronl-call ed-into-quGs lion/ 2/5
/29/1d
Related
Save Jack's Boathouse
111 'P;11k mid l {rn"
Group Wants Kand Wi sconsin Intersection Named in Honor of Waterfront Park Patron
In I r i n: p ort.111011"
Upheaval at GSA Could Benefit Georgetown
In
8 Responses to NPS' Ownership of the Georgetown
Waterfront Called into Question
a dam
January 22, 201 3 Cit 11 :39 am
Here's the RFP for the boathouse FYI.
http://www. n ps.gov / rocr/ pn l'lrn ews/ n ps-inv ites-prnposals-for -geor gctown-boat -rcn tat. h tm
a dam
J anuar y 22, 2013 a ll i :so am
I don' t know why Jack's wouldn' t have the inside line on winning the contract. Have you read it? It's
basically J ack's cur r ent business plan.
h ll p: / / www.concession s. nps.gov/rocroo4-12_ rfq.h tm
hll p:/ /www.concessions.nps.gov/docs/ Pro:;pectus/ROCR00'1 -l 2/KOCRoot1-12_ Drnft_ Con lract.pdf
h llp:/ /www.concessions. nps.gov/docs/ Prospedus/ROCR004-12/ ROCRoc>4-12_ RFQ.pdf
Top her
J anua ry 22, 2013 at 1 2 :27 pm
Simkin doesn't have an inside line because Steve LeBel, the guy who makes the decisions for DC's NPS parks
contracts, basically wants GSl to run them all. This is despite the fact that GSI is a crappy vendor suited
more to keeping tourists fed with st eamed hot dogs.
Just r ead Lydia DePillis' great art icle on the crappiness that is GSI:
http://www.wash ingLonci ty paper .com/blogs/bousingc: om l)l ex/:.!01 2/07 / 03/gucst-disscrvfrcs/
I would bet anyone a dozen Georgetown-cupcakes-that-I-waited-in-line-for-in-the-middle-of-August that the
acceptance letter to GSI l o run Jack's is already in drnft form .
eorgetownmGtropolltlln.com/ .. ./npsowners hip-or -thegoorgetown-waterr ront called-into-quest ion/ 3/5
Walter
January 22, 2013 at 2:1 7 pm
Sim kin's attorney seems to be relying on language in a city council r esolution that was never incorporated
into the conveyan ce of title.
And thus he is grasping at straws, - particularly given the millions that were spent in creating the
Waterfront Park. (I believe the District -in the pre-home-rule era) gained title to this land using Federal
monies to acquire it for lhc never-built Three Sisters expressway. And its possible that, if Federal monies
were used to acquire the land, there were also Federal re:itrictions on the Di stri ct using the acqi1ired land
for anything but a highway.)
Putting the two amendments issue aside, the a llorncy also makes no claim that the title itself includes
provisions making the Federal government responsibl e for maintaining the wharves, docks, and
bul kheads, etc. Inst ead, the attorney asserts this responsibility is set out in the council resolution. Again, if
its not specified in the tit le conveyance, its just more feeble grasping at straws.
As an aside, for years, the National Park Servi ce has lricd to get the District to accept title for much of the
NPS' parkland in t h e city, a lot of the pocket parks, but some big park areas too. The District has decl ined,
not wanting to assume the maintenance and policing cost s. And Ilhink that most neighbors prefer having
NPS retain ownership, rather than the Di strict becoming responsible for maintaining the parks.
a darn
,Junuary 23, 2013 at 10:02 am
OK, I would love to see any evidence to back up th.e wild conspiracy theories that NPS is already drafting
the contract wit h GST. The contracts and the RFQ seem pr etty tra nsparent, and Jack's seems like a perfect
candidate. You h ave presented no facts or ev idence that suggest otherwise.
Moreover, I r ead the article and that suggests that the NPS is strongly in favor of broader competition. I
don' t know what led to the 25-year , omnibus contract w / GSJ, but that's recently r ecently expired. More
competition That sounds great to me, and they seem to have an open process.
Fi nall y, the a rticle points out that GSI runs Fletcher's Boathouse, which I didn' t know. Everyone seems to
like the way Fletcher's is run; they offer a wider variety of ser vices than Jack's, but they ch arge 30% less
for r ent als. It's hard t o see how an open and fair competition between J ack's, GSI, and anyone else who is
inter ested would necessarily lead to a wor se deal for users and taxpayers than the current nobid 1986-era
arrangement.
Andy2
.January :.?3 , 2 013 al t:18 pm
Jack's has a wonderful dock that they allow you to grill on for free and they are very generous with the
~ t w n Wa.erfront Call ed Into Question I The Georgetown Motropolitan
hourly r entals. Moreover - they are a local business. Fix the lease and bring it to a more market rate but
let them stay and continue to offer the wonderful service they do.
Charles Camp
January 23, 2013 at 9:49 pm
DC owns the land where J ack's is locat ed. Adm inistrativejurisdiction was transferred by DC to the NPS
subject to a reversionary ri ght in the event a cer tain deed over the Georgetown waterfront is amended.
That deed was am ended. Thus, DC has the right lo can eel's NPS admini str ative jurisdiction over Jack's.
Jack's Canoes and Kayaks LLC, the successor tenant under the lease with the Di strict (a lease transferred by
the Di strict to the National Park Foundation), also cannot a nd will not vacate the land leased from DC
absent a settlement or a court order (there are no "self-help" evictions in DC). Given the thin ice on which
NPS is standing, NPS has no chance of being able to replace the curr ent operator and owner of .Jack's
Boathouse r ega rdless of how badly it wants to install a new concessionaire operator- and may even succeed
in losi ng control of the entire Georgetown waterfront . Moreover, anyone that responds to the NPS' RFQ in
order to aid the NPS in ruining the current owner of .Jack' s is risking a significant lawsuit for intentional
interference with business relations.
Walter
January 24, 2013 at 7:29 am
From DC zoning maps, Jack's is wholly within Reservation 404, which is land under the jurisdiction of the
United States. Rcserv ation 404 encompasses land associated with the Chesapeake & Ohio NHP.
(Reservation 404 also applies to land near the West Heat ing Plant, which is reason for becoming a tad
familiar with Reservation 404.) Jurisdiction over and exchange [between the Federal ;govcrnment and
another party] of Reservation lands is established by Federal statut e, not by resol utions of the city council.
In the zoning maps, the DC government owns square 1179, lot 805, which is Jack's, and which is within
Reservation 404. However the DC-owned lot line falls short of the riv er bank and the water, so, in effect ,
other than traversing a nanow sliver of l and, lot 806 (240 sq ft) owned by Jack's, ther e is no access to the
Potomac riv er from lot 805 other than by crossing over Rescr v at ion 4 04 land owned by the United States ..
corgetownmetropolltan. com/ .. .lnps-ownershlp-of-thegeorgetewn-watorf ront-ealled-intoquestien/ 515
/2&814- Norton Urges Park Service Not to Screw Up Jack's Boathouse - ...
Norton Urges Park Service Not to Screw Up Jack's Boathouse Housing
Complex
tammy_stldham@nps.gov <tarnmy_stidham@nps.gov> Thu, Jan 24, 2013 at 9:09 PM
To: Peter May <Peter_May@nps.goV>, Lisa Mendelson-lelmini
<Lisa_Mendelson-lelrnini@nps.gov>, tara_morrison@nps.gov, ste\.e_lebel@nps.gov, jennifer_mummart@nps.gov
http://www. washingtoncity paper. com/blogs/hous i ngcomplex/2013/01 /24/norton-urges-park-service-not-to-screw-
up-j acks-boathouse/
Tarnrny Stidham
1100 Ohio Drive SW
Washington,DC 20242
202-619-7474 office
202-438-0028 cell
Tammy_stidham@nps.gov
llps ://rnall.googlo.com/malll bl 152/u/O/?ui=2&1k=f 534 76B664&v low=pt&cat J ack's Boathouse&search= ... 1/1
129/14 Norton Urges Park Service Not to Screw Up Jack's Boathouse Housing Complex
Norton Urges Park Service Not to Screw Up Jack's Boathouse
Posted by Aaron Wiener on Jiln. ?4 , ?013 at!>:!J4 pm
The controversy over ,Jack's Hoalhouse is heating up, and D.C.'s representative in
Congress just weighed in.
The National Park Service is seeking Lo end its longlcrm relationship with the
popular Georgetown boathouse and open up the space lo bids for a concession
conlratl, which il hopes to award by the end of next month. Jack's owner Paul
Simkin objects to the move, alleging 1) that NPS has been hostile to hirn; 2) that
lhc bidding competition won't be fair; 3) that NPS hasn' t been holding up its end of
lhc deal by maintaining the waterfront facilities; aud 4) that the land doesn't
belong to NPS in the first place. NPS disputes lhese charges, mid the maller has
been referred to the D.C. at torney general fol' a ruling.
Ilut in the meantime, polit ical pressure on NPS ii; beginning to mount. War<l 2 Coundlmcmber Jnck Evans, who reforrcd the
case to the attorney general, says he' ll do what he can to back Jack's. And just now, Del. Eleanor Holmes Norton sent a
letter to NPS Director Jon Jarvi s urging him to sit down with Simkin and wol'k out a solution that doesn't force ,Jack's to leave.
"l was concerned and pudcd when the National Park Service (NPS) abruptly terminated ,Jack's Boathouse's lease,'' Norton
wrote. ''I was even rnore t roubled to learn that NPS decided to move ahead with business as usual and open requests for
proposals for a concession cont ract as if there were no differences between the circumstances at Jack's Boat house and the usual
NPS concession contract."
Norton wrote that Simkin had made "significant investments in what you believed to be NI' S-owned properly," including much
of his retirement savings, and that the changes have been wel11eceived by the community. (Simkin says his customer base has
increased for 4,000 people four years ago to 72,<JOO people this past boating season.)
"While securing the best deal for the taxpayer, NPS hus ;,in obligation to explain its complicity in allowittg significant
investments in this property ond then terminating the lease wit hout notice," Norton wrote. "NPS has an obligation lo ensure
fairness to Simkin, to the taxpayers, and to the community. The present posture ofNPS promises only more controversy,
lawsuits, and interruption of service to the community. /\ solution consistent with federal law and regulations that takes inlo
account the unusual drcumstanccs of the Jack's Boathouse mat tcr is quite possible. I urge you lo take the time to sit down with
all the parLies lo work t hrough a r easonable soluLion."
Photo by l xmmu Montyomery
Jano Poo
Jane Doe
I believe she Is backing this sloazcball without checking Into the facts
1. How about re&dlng the poliee report about Slrridn durrplng hul1"0n wasle on the site? It wlU ten you all you need to know about the guy. (spoiler
Sirrkin will ctalmhe Is being persctutcd by the park service even though he !Ost Avgusl)
2. You would thinkSirricirl been the owner of Jack's for 40 years. !l's been three. Ask the real Jack's fonily hOw lhey reel aboul him
3. kind or idiot invests his savings In a property on whieh he has a m:inth lo m:inth lease? From lhe of the pl.lee, not Slni<il. Has lhe
congressworrnn even gone down to sec wh8t conditions are there.
4. The business Is elOscd ror I.he season. No one was put Olt of work es Sifr'kin claim;.
TI11S guy IS a conrran and a and has m11nMCd to rrenlpulate a public without facts nnd now & congressworran without facts. She n'ight 11a11e
asked the park service whbt wes going on before grandstanding with letter ennounced Ina press release.
C'rron A&ron, do your horrework
REAU.Y rrs GREAT 1111
ITS FAl'ITASTICll I! I !I
ashlngtoncl typaper .com/biogs/ .. ./norton urges-parkservicenolto-screw-upJacks-boathouse/
#1
#2
1/2
IZQ/14
COCWDC
lake
Jane Doo
Norton Urges Park Service Not to Screw Up Jack's Boathouse - Housing Complex
While Jack's Boat House has a long history, thiS guy Is a JOKE. Slni<Jn Is trying to manipulate the and prevent the Park service from offer the
concession for COll'flemve bid as required by law. He does have o right and IS not being prevented fromsubrrittil1g a proposal In tho cOIT!!Cl ltlVe
process. I am dlSappolnted that our Congresswoman and Coundlnl!niler Jack Ev MS would even attofll)t to Intervene In tho process wtthout knowing
ol llle facts of at loast seeking a better understanding. SIMKIN was char9Cd with unauthorized Oisposal of Solid Wasto coirpleted a diversion
program on Januory 16, 2013; result In the being Nolle, accordil19 to DC Superior Court records.
My only conetrn Is that this guy raised lhe Issue of a roer In the transfer deed that raises a question or ownership of the properly by us Park
SCrvlce or the District Govcrnrnenl. The AG should dcterrrine the status and a ruling so the bidding p1ocess can ITJJVC forward without delay. This
will allow the Boat House to open on tbro for the upcon1ng season end this nlght1TDro.
Jana doe? If you were speaking the truU1 then you'd uso your own nanl!. I'll glvo your corr.rents as rruch credence as they descrvc ... none.
There Is no greater woste of space In DC thon Holrres Norton. Anyone opposing Slnidn should be elllted.
Joke, eveiythlng I wrote 15 easily verifiable. I suggest you do that.
t .
111011 I 111 l-.111u to /\rltt-lr
( ... ]New Stories Morning Unks Last N9ht 's l.eftove1s: Contort Food; llrts Roundup; Urbar1 Fishing Edition Clicks Norton Urges Paik
Servlc;c Not to SC1ew Up Jack's BollthOuse [ .. . ]
SUU$CRlf\C TO DISlRICT I INC DAILY jEmall -
[ j
" I
,. v lo
''
1
'' I
ashlngtoncitypaper.com/blogs/ .. ./norton-urges-park-servlcGnot-to-screw-upjacks-boathouse/
#4
#S
#6
#1
2/2
IQM1il Ro: Rev lew of 1985 deed of easemonts and assocleted amend ...
Re: Review of 1985 deed of easements and associated amendments for
Washington Harbour
Whitesell, Steve <steve_whitesell@nps.gov> Thu, Jan 24, 2013 at 11 :04 AM
To: "Mooza, Melissa" <melissa_mooza@nps. gov>
Cc: "Stidham, Tammy" <tammy_stidham@nps.gov>, Peter May <Peter_May@nps.gov>, Lisa Mendelson-lelmlnl
<Lisa_Mendelson-lelmlni@nps.gov>, Tara Morrison <Tara_Morrison@nps.gov>, Steve LeBel
<Steve_LeBel @nps.gov>, Brian Woodbury <brian_woodbury@nps.gov>
Thanks
On Thu, Jan 24, 2013 at 9:54 AM, Mooza, Melissa <melissa_mooza@nps.gov> wrote:
Hi. Steve,
Upon Tammy's suggestion, I wanted to share with folks my observation that the terms "insubstantlal" and
"substantial" may be subject to Interpretation. I believe we have interpreted them to mean Insignificant or
significant with respect to our understanding of the District's interests in the Washington Harbour Associates
transaction. We may want to be prepared, however, for Mr. Simkin's attorney to argue that these terms should
be construed to mean something more along the lines of "immaterial" or '' material "; such an Interpretation
would not be altogether unreasonable and could arguably be more favorable to his client.
Melissa
On Thu, Jan 24, 2013 at 8:00 AM, Whitesell , Steve <steve_whitesell @nps.gov> wrote:
Tammy and Melissa
Thanks for all the hard work on this. It sounds as though Mr. Camp and Mr. Simkin are grasping at straws
as we had suspected. Mr. Camp wrote us a letter reference the wharws, piers, etc. maintenance that I will
probably respond to using your analysis.
On Wed, Jan 23, 2013 at 5:59 PM, Stidham, Tammy <tammy_slidham@nps.gov> wrote:
Attached is a summary of a re\1ew that Melissa Mooza and I completed of the 1985 Deed of Easements
and two amendments that were completed in 2005 and 2006. Mr. Camp had pro\1ded a copy of the 2005
amendment but I am not sure he is aware of the 2006 amendment. It might be easier to understand all
this if we walk through it together. Steve and Lisa let me know if you would like thi s.
Mr. Camp has suggested that the amendments to the 1985 Deed are cause for the reversion of the
property back to DC - based on the language included in the DC Council Resolution. In the exchange of
letters that were called for by the Resolution, this was further clarified by NPS and agreed to by DC that if
the deed was amended "by other than technical or insubstantial amendments or cancelled or if
Washington Harbour fails to provide $1 million for the construction ... " The amendments do not
amend or change the primary interests of the government (DC or Federal) related to the Washington
Harbour site. The amendments relate to an additional exchange of interest affecting the eastern portion
of the site where the Swedish Embassy and office building were constructed In 2006. I think it could be
argued that the Di strict's interests were not substantially affected by the changes.
It was contested by either Mr. Simkin or Mr. Camp regarding the language in the Resolut ion related to the
tips ://rn ell.google. com/mall/bi 152/u/O/?ul,,2&1k f 534 766664&v lew=pt&cat=Jack's Bo<ithouse&seerch= ... 1/3
Re: Review of 1985 deed ol onsemenls and associated amend ...
NPS being "responsibility to repair, maintain, and protect all wharves,
piers, bulkheads, and similar structures that are located on the transferred land or in the
adjacent waters." As required, the exchange of letters further clarified this responsibility by stating
"The National Park Service shall assume responsi bility for shoreline maintenance to include
repair and maintenance and protection of all wharves, piers, bulkheads and similar structures
approved by park development plans and not the subject of leases located on the transferred
l and or in the adjacent waters.
Mr. Camp also stated that there was an amendment in April 5, 2000 and pro\'ide some documentation
related to a quick claim deed with NPS and WMATA. The document that was provided is In relation to an
NPS property known as Reservation 542 located near Albemarle Street no where near the area under
discussion or related to Washington Harbour. There were a number of quick claim deeds on that same
date in 2000 and we are researchi ng where they are located. From our quick re\'iew it looks like fee
simple acquisitions rel ated to the subway system.
The other document that Mr. Camp suppli ed was a August 1973 deed for the purchase of Jack's for a little
over $244, 000. This seems to be for the entire site. However, we have a document that shows that Mr.
Baxter signed a lease with the District for October 1973. We are not quite sure why Baxter would sign a
lease for his own property unless it had been acquired by DC and then leased back pendi ng construction
of the freeway.
We are still looking through the fi les for additional information related to the amendments and
related correspondence I wi ll let you know if we come across anything that would be useful.
I have posted all documents related to this on Google Drive. The following link should get you there. They
have only been shared with those addressed on this email.
https://docs.google.com/a/doi.gov/folder/d/OBON1_2Ef3Nr5Q21xc2Vfb1 RBZ2M/edit
Tammy
Tammy Stidham
National Capi tal Region
1100 Ohio SW Room 228
'1{)iCe -
cell - (202)438-0028
fax - (202)401-0017
Melissa R. Mooza
Deputy Chi ef of Lands
National Capital Region Land Resources Program Center
National Capital Region/ National Park Service
1100 Ohio SW
202-619-7079 (phone) I (fax)
Melissa_Mooza@nps.gov
tt II mall. google. com Im all/bf 152/u/ O/?ui=2&iK orf 534 768664& v iew.,pt&c al =Jack's Boalhous e&s e11rch= ... 2/3
112B1ff4THE INTERIOR Mall Letter from Rep. Norton re: Jack"s Boal House
Letter from Rep. Norton re: Jack's Boat House
Powell, Christine <chris_powell @nps.goV> Thu, Jan 24, 2013 at 10:50 AM
To: Steve Whitesell <stel,(3_Whitesell @nps.goV>. Maureen Foster <maureen_foster@nps.goV>, Don Hellmann'
<don_hell mann@nps.goV>, Tara Morrison <tara_morrison@nps.goV>, Christopher Mansour
<christopher_mansour@ios.doi.goV>, Suzanne Waldron <sue_waldron@nps.goV>, Peter May
<peter_may@nps.goV>, Elaine hackett <elaine_hackett@nps.goV>, Lisa Mendelson <lisa_mendelson-
ielmini@nps.goV>, Steve Le8el <steve_lebel@nps.goV>
I just spoke to her staffer. Councilman Jack Evans had a con1iersation with Rep. Norton regarding this issue so
she has decided to write a letter expressing his concerns. Her staff doesn't know if the letter will come to the
Director or the Secretary as Ms. Norton is currently on a retreat. We'll get a heads up when the letter comes-
probably next week.
Chris
Christine Powell
Senior Congressional Affairs Specialist
Main Interior Bui lding, Room 31 22
(0) 202-208-3636
(C) 202-591-0660
tlps :llmall.google.comlmaillb/152/u/O/?ui=2&ik=f 534 766664&v lew=pt&ci;it =Jack's BoathOuso&soaroh.,. 1/1
~ 9 1 3 1 1 ~ o : Review of 1985 deed of easements and associated amend ...
Washington Harbour
Mooza, Melissa <melissa_mooza@nps.gov> Thu. Jan 24, 2013 at 9:54 AM
To: "Whitesell , Ste\.19" <steve_whitesell @nps.gov>
Cc: "Stidham, Tammy" <tammy_stidham@nps.gov>, Pet er May <Peter_May@nps.gov>, Lisa Mendelson-lelmini
<Li sa_Mendelson-lelmini @nps.gov>, Tara Morrison <Tara_Morrison@nps.gov>, Steve LeBel
<St e\.19_LeBel@nps.gov>, Brian Woodbury <brian_woodbury@nps.gov>
Hi, Ste\.19,
Upon Tammy's suggestion, I wanted to share with folks my observation that the terms "insubstantial" and
"substantial" may be subject to interpretation. I believe we have Interpreted them to mean insignificant or
significant with respect to our understanding of the District's interests in the Washington Harbour Associates
transaction. We may want to be prepared, however, for Mr. Simkin's attorney t o argue that these terms should
be construed to mean something more along the lines of "immaterial" or "material'' ; such an interpretation would
not be altogether unreasonable and could arguably be more fa\Qrable to his client.
Melissa
On Thu, Jan 24, 2013 at 8:00 AM, Whitesell , Steve <ste>ve_whitesell@nps.gov> wrote:
Tammy and Melissa
Thanks for all the hard work on this. It sounds as though Mr. Camp and Mr. Simkin are grasping at straws as
we had suspected. Mr. Camp wrote us a letter reference the wharws, piers. etc. maintenance that I will
probably respond to using your analysis.
On Wed, Jan 23. 2013 at 5:59 PM. Stidham, Tammy <tammy_stidham@nps. gov> wrote:
Attached is a summary of a review that Melissa Mooza and I completed of the 1985 Deed of Easements and
two amendments that were completed in 2005 and 2006. Mr. Camp had provided a copy of the 2005
amendment but I am not sure he is aware of the 2006 amendment. It might be easier to understand all this if
we walk through it together. Steve and Lisa let me know if you would like this.
Mr. Camp has suggested that the amendments to the 1985 Deed are cause for the reversion of the property
back to DC - based on the language Included In the DC Council Resolution. In the exchange of letters that
were call ed for by the Resolution. this was further clarifi ed by NPS and agreed to by DC that if the deed was
amended "by other than technical or insubstantial amendments or cancelled or if Washington
Harbour fails to provide $1 million for the construction ... " The amendments do not amend or change
the primary interests of the government (DC or Federal) related to the Washington Harbour site. The
amendments relate t o an additional exchange of Interest affecting the eastern portion of the site where the
Swedish Embassy and office building were constructed in 2006. 1 think it could be argued that the District's
interests were not substantially affected by the changes.
It was contested by either Mr. Simkin or Mr. Camp regardi ng the language in t he Resolution related to the
NPS being "responsibility to repair, maintain, and protect all wharves,
piers, bulkheads, and similar structures that are located on the transferred land or in the adjacent
waters." As required. the exchange of letters further clarified this responsibi lity by stating "The National
ti ps ://mall.googlo.com/malllb/1 fi2/u/O/?ul 2&1kl0f 534 768664&v lew-;pt&cat =Jack's Boethouse&search= .. .
ll21Mil ~ ~ o Review of 1985 dMd of ensements and associated amend ...
Park Service shall assume responsibility for shoreline maintenance to include repair and
maintenance and protection of all wharves, piers, bulkheads and similar structures approved by
park development plans and not the subject of leases located on the transferred land or in the
adjacent waters.
Mr. Camp also stated that there was an amendment in April 5. 2000 and provide some documentation
related to a quick claim deed with NPS and WMATA. The document that was provided is in relation to an
NPS property known as Reservation 542 located near Albemarle Street - no where near the area under
discussion or related to Washington Harbour. There were a number of quick claim deeds on that same date
in 2000 and we are researching where they are located. From our quick review it looks like fee '
simple acquisitions related to the subway system.
The other document that Mr. Camp supplied was a August 1973 deed for the purchase of Jack's for a little
o\.r $244,000. This seems to be for the entire site. Howe1.er, we have a document that shows that Mr.
Baxter signed a lease with the District for October 1973. We are not quite sure why Baxter would sign a
lease for his own property unless it had been acquired by DC and then leased back pending construction of
the freeway.
We are still looking through the files for additional information related to the amendments and
rel ated correspondence I will let you know if we come across anything that would be useful.
I have posted all documents related to this on Google Drive. The following link should get you there. They
have only been shared with those addressed on this email.
https ://docs. google. com/a/doi . gov/ folder/d/OBON 1_2Ef3Nr5Q21xc2Vfb 1 RBZ2M/ edit
Tammy
- ------
Tammy Stidham
\Qice - (202)619-7474
cell - (202)438-0028
fax - (202)401-0017
Melissa R. Mooza
Deputy Chief of Lands
National Capital Region/ National Park Service
1100 Ohio O r i ~ SW
202-619-7079 (phone) I 202-619-7420 (fax)
Melissa_ Mooza@nps.gov
ttps :/lm;;iil.google. com/mail/bl 152/u/O/?ul2&ik=f 534 7B8664&v leW"pt&cat=Jaek's Boathouse&searoh"',, . 2/2
OF THE INlERI OR Mall - Re: Googlo Alert - "Jack's Boal11ouse''
Re: Google Alert - "Jack's Boathouse"
Whitesell, Steve Thu, Jan 24, 2013 at 8:36 AM
To: "Mummart , Jennifer" <jennifer_mummart@nps. goV>
He spins an interesting, if not totally fabri cated story.
On Thu, Jan 24, 2013 at 8: 33 AM, Mummart , Jennifer <jennifer_mummart@nps. goV> wrote:
Note, particularly, the Georgetown Voice article in whi ch Simki n is quoted accusing LeBel of fa\Qring/coll uding
with Guest Serv1ces.
Jennifer Mummart
. (acting) Associate Regional Director for Communications
(202) 619-7174
www. nps .gov
The National Park Servi ce cares for special places by the American people so that all may experi ence
our heritage.
- -- Forwarded message - - -
From: Google Alerts <googlealerts-noreply@google.com>
Date: Thu, Jan 24. 2013 at 8:00 AM
Subject: Google Alert - "Jack's Boathouse"
To: jennifer_murnmart@nps.gov
Web 2 new results for "Jack's Boathouse"
Owner of Jack's Boathouse faces legal battle owr property rights
Jack's Boathouse has been renti ng out kayaks from t he Georgetown waterfront for nearl y 70 years.
but a legal battle is beginning to develop owr the ri ghts t o the ..
georgetowm.oice.com/ .. ./owner-of-jacks-boathouse-facos-lega ...
Jack's Boathouse owner doesn't beliew Park Service owns leased ...
The National Park Service is trying to move quickly in awarding a new contract for the waterfront
space currently housed by Jack's Boathouse. But Jack's owner ...
was hi ngton. ci tyandpress. com/node/5776302
lip: Use site restrict in your query to search wit hin a site (site:nytimes.com or site: .edu). Learn more.
Delete this alert .
ltps://mail.googla.com/ mai l/bi 152/u/O/?ui=2&ik =r 634 766664&v Boethouse&soarch ... 1/2
129/14
Fwd: Google Alert - "Jack's Boathouse"
Mummart, Jennifer <jennifer_mummart@nps.goV> Thu, Jan 24, 2013 at 8:33 AM
To: Steve Whitesell <Ste'.e_Whitesell@nps.goV>, Tammy Stidham <tammy_stidham@nps.goV>, Lisa Mendelson
<lisa_mendelson-ielrnini@nps.goV>, Tara Morrison <tara_morrison@nps.goV>, Steve LeBel <stel._1ebel@nps.goV>
Note, particularly, the Georgetown Voice article in which Simkin is quoted accusing LeBel of fa\Qring/colluding
with Guest Services.
Jennifer Mummart
(202) 619-7174
www.nps.gov
heritage.
From: Google Alerts <googlealerts-noreply@googl e.com>
Date: Thu, Jan 24, 2013 at 8:00 AM
Subject: Google Alert - "Jack's Boathouse''
To: jennirer_mummart@nps.gov
Web 2 new results for "Jack's Boathouse"
Owner of Jack's Boathouse faces legal battle o\r property rights
Jack's Boathouse has been renting out kayaks from the Georgetown waterfront for nearly 70 years,
but a legal battle is beginning to del.1op over the rights to the ..
georgetown\<Oice. com/ .. .I owner-of-jacks-boatt1ouse-faces-lega ...
Jack's Boathouse owner doesn't believe Park Service owns leased ...
. The National Park Service is trying to mo\e quickly in awarding a new contract for the waterfront
space currently housed by Jack's Boathouse. But Jack's owner ...
washington.ci tyandpress.com/node/5776302
lip: Use site restrict in your query to search wi thin a site (site:nytimes.com or site:.edu). Learn more.
Delete this alert.
Create another alert.
Manage your alerts.
ttps ://mall.googla. com/malllb/152/u/Ol?ul=2&ik =f 534 768664&v lew pt&cat =Jack's Boalhouse&search= .. . 112
- Re: Rev low of 1985 deed of easements and associated amend ...
Washington Harbour
Whitesell, Steve <steve_whitesell@nps.goV> Thu, Jan 24, 2013 at 8:00 AM
To: "Stidham, Tammy" <tammy_stidham@nps.goV>, Melissa Mooza <melissa_mooza@nps.goV>
Cc: Peter May <Peter_May@nps.goV>, Lisa Mendelson-lelmini <Llsa_Mendelson-lelmini@nps.goV>, Tara Morrison
<Tara_Morrison@nps.goV>, Ste"9 LeBel
Tammy and Melissa
Thanks for all the hard work on this. It sounds as though Mr. Camp and Mr. Simkin are grasping at straws as we
had suspected. Mr. Camp wrote us a letter reference the wharves, piers. etc. maintenance that I will probably
respond to using your analysis.
On Wed, Jan 23, 2013 at 5:59 PM, Stidham, Tammy <tammy_stidham@nps.goV> wrote:
Attached is a summary of a re\oiew that Melissa Mooza and I completed of the 1985 Deed of Easements and
two amendments that were completed in 2005 and 2006. Mr. Camp had prolllded a copy of the 2005
arnendrnent but I am not sure he is aware of the 2006 amendment. It might be easier to understand all this if
we walk through it together. Ste\A9 and Lisa let me know if you would like this.
Mr. Camp has suggested that the amendments to the 1985 Deed are cause for the of the property
back to DC - based on the language included in the DC Council Resolut ion. In the exchange of letters that
were called for by the Resolution, this was further clarified by NPS and agreed to by DC that if the deed was
amended "by other than technical or insubstantial amendments or cancelled or if Washington
Harbour fails to provide $1 million for the construction ... " The amendments do not amend or change the
primary interests of the go'v'0mment (DC or Federal) related to the Washington Harbour site. The amendments
relate to an additional exchange of interest affecting the eastern portion of the site where the Swedish
Embassy and office building were constructed in 2006. I think it could be argued that the District's Interests
were not substantially affected by the changes.
It was contested by either Mr. Simkin or Mr. Camp regarding the language in the Resolution related to the NPS
being "responsibility to repair, maintain, and protect all wharves,
plerSi bulkheads, and slmllar structures that are located on the transferred land or in the adjacent
waters." As required, the exchange of letters further clarified this responsibility by stating "The National
Park Service shall assume responsibility for shoreline maintenance to include repair and
maintenance and protection of all wharves, piers, bulkheads and similar structures approved by park
development plans and not the subject of leases located on the transferred land or In the adjacent
waters.
Mr. Camp also stated that there was an amendment in April 5, 2000 and prolllde some documentation related
to a quick claim deed with NPS and WMATA. The document that was prolllded is in relation to an NPS
property known as Reservation 542 located near Albemarle Street - no where near the area under discussion or
related to Washington Harbour. There were a number of quick claim deeds on that same date in 2000 and we
are researching where they are located. From our quick re\oiew it looks li ke fee simple acquisitions related to
the subway system .
. The other document that Mr. Camp supplied was a August 1973 deed for the purchase of Jack's for a little over
ttps ://mall.googlo.comlmall/b/ 152/u/O/?ui=2&ik =f 534 768664&v lelYllpt&cat=Jack's Boathouso&search .. . 1/2
~ ~ - R'l: R.ovlew of 1985 deed of easements and associated amend ...
$244,000. This seems to be for the entire site. Howewr; we haw a document that shows that Mr. Baxter
signed a lease with the District for October 1973. We are not quite sure why Baxter would sign a lease for his
own property unless it had been acquired by DC and then leased back pending construction of the freeway.
We are still looking through the files for additional information related to the amendments and
related correspondence I will let you know if we come across anything that would be useful.
I have posted all documents related to this on Google Driw. The following link should get you there. They
haw only been shared with those addressed on this emai l.
https://docs.google.com/a/doi.gov/folder/d/OBONl_2Ef3Nr5Q21xc2Vfb1 RBZ2M/edit
Tammy
Tammy Stidham
\Oice - (202)619-7474
cell - (202)438-0028
fax - (202)401-0017
ttps://mall.google. com/mall/bl 152/u/O/?ui=2&ik=f 634768664&1/ lew:pt&cat=Jack's Boathouse&seafch ... 2/2
l:Milt4 Rev lew of 1985 deed of easements and associated amendmont.. .
Review of 1985 deed of easements and associated amendments for
Washington Harbour
Stidham, Tammy <tammy_stidham@nps.goV> Wed, Jan 23, 2013 at 5:59 PM
To: Peter May <Peter_May@nps.goV>. Lisa Mendelson-lelminl <Lisa_Mendelson-lelmini@nps.goV>, Steve Whitesell
<steve_whitesell@nps.goV>, Tara Morrison <Tara_Morri son@nps.goV>, Steve LeBel <Steve_LeBel@nps.goV>
Attached is a summary of a review that Melissa Mooza and I completed of the 1985 Deed of Easements and two
amendments that were completed in 2005 and 2006. Mr. Camp had provided a copy of the 2005 amendment but
I am not sure he is aware of the 2006 amendment. It might be easier to understand all this if we wal k through it
together. Steve and Lisa let me know if you would like this.
Mr. Camp has suggested that the amendments to the 1985 Deed are cause for the reversion of the property back
to DC - based on the language included in the DC Council Resolution. In the exchange of letters that were called
for by the Resolution, this was further clarified by NPS and agreed to by DC that If the deed was amended "by
other than technical or insubstantial amendments or cancelled or if Washington Harbour fails to
provide $1 mllllon for the construction ... " The amendments do not amend or change the primary interests of
the government (DC or Federal) related to the Washington Harbour site. The amendments relate to an
additional exchange of Interest affecting the eastern portion of the site where the Swedish Embassy and office
building were constructed in 2006. I think it could be argued that the District's interests were not substantially
affected by the changes.
It was contested by either Mr. Simkin or Mr. Camp regarding the language in the Resolution related to the NPS
being "responsibility to repair, maintain, and protect all wharves,
piers, bulkheads, and similar structures that are located on the transferred land or in the adjacent
waters." As requifed, the exchange of letters further clarified this responsibility by stating "The National Park
Service shall assume responsibility for shorel ine maintenance to include repair and maintenance and
protection of all wharves, piers, bulkheads and simllar structures approved by park development plans
and not the subject of leases located on the transferred land or in the adjacent waters.
Mr. Camp also stated that there was an amendment in April 5, 2000 and provide some documentation related to
a quick claim deed with NPS and WMATA. The document that was provided is in relation to an NPS property
known as Reservation 542 located near Albemarle Street - no where near the area under discussion or related to
Washington Harbour. There were a number of quick claim deeds on that same date in 2000 and we are
researching where they are located. From our quick review it looks like fee simple acquisitions related to the
subway system.
The other document that Mr. Camp supplied was a August 1973 deed for the purchase of Jack's for a little over
$244,000. This seems to be for the entire site. However, we have a document that shows that Mr. Baxter signed
a lease with the District for October 1973. We are not quite sure why Baxter would sign a lease for his own
property unless it had been acquired by DC and then leased back pending construction of the freeway.
We are still looking through the fi les for additional information related to the amendments and
related correspondence I will let you know if we come across anything that would be useful.
I have posted all documents related to this on Google Drive. The following link should get you there. They have
only been shared with those addressed on this email.
https ://docs .google. com/ a/ doi . gov/rolder/d/OBON I_ 2Ef3Nr5Q21xc2V lb 1 RBZ2M/ edi t
llps://rMll .google.com/ mall/b/1S2/u/O/?ul=2&ik=f534 768664&v lew=pt&cat J Do k's Boathouse&search= .. . 1/2
/:Mil14- Review of 1985 deed of easements 11nd associated amendment. ..
Tammy
Tammy Sti dham
\Uice - (202)619-7474
cell - (202)438-0028
fax - (202)401-0017
~ Overview of deeds related to Washington Harbour.docx
18K
llps://mall.googlo, com/m all/b/ 152/u/O/?ul=2&ik =f 534 768664&v low=pt&cat J a c k s Bo11thouse&search= ... 2/2
January 7, 1985 Deed of Easements between Washington Harbour Associates, Georgetown
Potomac Company, Mount Clare Properties and the United States of America
Provided to Washington Harbour:
Release from a November 26, 1941 restrictive covenant between the C&O
Canal Company and Improvement Company of Baltimore City that restricted
building height building and structures on lots 81 and 97 but. ..
o Establi shed new height restrictions on lot 97 to not exceed 52 ft. and
the penthouse shall not exceed 5 feet in height along with restrictions
on architectural embelli shments.
o Established new height restriction on lot 81 not to exceed 60 feet
along with restrictions on architectural embellishments
Provided for an casement from NPS over ''The Mole Area" (lot 80 I) for the
purpose of pennitting building proj ects within an area not to exceed 75 sq. ft.
at any level.
Provided to NPS:
Provided for a sceni c easement over four areas of what is the current location
of the Washington I !arbour (Lot I 02 square 1173) and restricted certai n
features and activities within the areas of easement.
Provided for a public access and scenic casement over the area between the
Washington 1 Iarbour and the ri ver and restri cted ce1tain features and
activities within the area
Provided for scenic easements over lots adjacent and to the east (Jots 81 and
97) of the Washi ngton Harbour site and restricted ce1tain features and
activities within the areas of easement.
Provided for an casement over what constituted Virginia Avenue and
required that no structures be erected in this area other than an enclosed glass
conservatory not to exceed 52 feet with support to link two adjacent
buildings and for building projections over the adjacent lot
Required Washington Harbour to:
Build a pergola adjacent to lot 97 and provide for li ghting, landscaping and
walkways and be open to the public at all times.
Improve and stabilize the west bank of Rock Creek and maintain in good
condition in perpetuity
Landscape and perpetually maintain the east bank of Rock Creek
Construct and maintain in good condition a fixed and fl oating wood dock for
mooring boats and pedestrian access in the area adjacent to the Washington
Harbour building next to the river. Also requires them to replace it in a
required peri od of time if it is destroyed.
Have Public lia bility insurance and property damage insurance
Provide money for the Rehabilitation of C&O Canal Tidal Lock
March 1, 2005
June 30, 2006
Suppl emental Deed of Easements between LANO/ Armada Harbourside LLC and
the United States Government
Summary of Amendment Changes:
None of the amendment changes refer to area currently referred to as
Washington Harbour.
Changes are related solely to the areas adjacent to and to the east of the
Washington I !arbour which include:
o Addresses that lot 81 and lot 97 were combined to create a new lot
82
o Recognizes a change in ownership to l larbourside for lot 82
o Additi on of projection easements
o Reconfigures some scenic easements
o Planned Pergola changed to terrace area
o Landscape improvement obligations change
o Extension of an underground easement for underground garages and
mechanical room
o Further limits uses in scenic easement area
o Clarifi es which structures are permitted in casement areas
o Changes restrictions on easements
o Removes Tidal lock obligations because they were fulfilled
o Removes obligation for west bank of Rock Creek stabilization
o Clarified extent or casement over NPS property "The Mole Area"
(lot 80 l) to be more specific regarding the area of the easement
o Extingui shed NPS easements in gross over Lot 81
Fi rst amendment to Supplemental Deed of Easements between LANO/ Annada
Harboursidc LLC and the United States Government
Summary of Amcnc.lment Changes:
Contains one change which clarified matters related to the use of the Terrace
and restrictions related to the area.
Re: Another file re: Georgetown waterfront
Mummart, Jennifer <jennifer_mummart@nps.gov> Wed, Jan 23, 2013 at 5:41 PM
To: "Mendelson, Lisa" <lisa_mendelson-ielmini @nps.gov>
Cc: "Stidham, Tammy" <tammy_stidham@nps.gov>, "May, Peter'' <peter_may@nps.goV>; Ste-.e Whitesell
<ste1,e_whitesell@nps.gov>, Tara Morrison <Tara_Morrison@nps.gov>, Ste1,e LeBel <Ste\e_LeBel@nps.goV>, Doug
Jacobs <Doug_Jacobs@nps.gov>, Lisa Mendelson <lmendelson@nps.gov>
I would not be surprised if we would get requests for these letters. Thoughts on releasing them, if asked?
Jennifer Mummart
(202) 619-7174
www. nps. gov
heritage.
On Wed, Jan 23, 2013 at 4:59 PM, Mendelson, Lisa <ii sa_mendelson-ielmini@nps.gov> wrote:
Attached you'll find two 1987 letters ((in the same PDF file)) - one is NPS to DC, and the other is DC to
NPS. This includes the wharf language for your reference.
I didn't ha-.e them pre"1ously, my apologies to you if they are duplicates for you.
-Lisa
Lis11 lrfell(/elso11-le/111i11i, AICP
Deputy Regional Dir0cto1
National P1;1 rk Service
202-6 I 9-7023 o nice
202-297-1338 cell
On Wed, Jan 23; 2013 at 9:41 AM, Stidham, Tammy <tammy_st idham@nps.gov> wrote:
All -
Attached is what Mr. Camp prolAded to Steve Lebel. The deed is not the copy he gave us, but is a copy
from our files. The copy he prolAded is very difficult to read because it is a bad copy.
~ f 1 1 1 F THE INTERIOR Mail- Re: Another file re: Georgetown wat orl ront
Melissa and I have been digging through the files and have additional documents. We should be finished our
re"1ew today. Once completed, I will send out our re\oiew along with the additional documents.
Tammy
Tammy Stidham
'.()ice (202)619-7474
cell - (202)438-0028
fax - (202)401-0017
tammy _s tidham@nps.gov
On Sat, Jan 19, 2013 at 3:24 PM, Mendelson, Lisa <lisa_mendelson-ielmini@nps.gov> wrote:
Hi everyone,
I'm in the office and just spoke with the Steves Whitesell and LeBel.
Turns out that Steve LeB does have the folder of materials from Mr. Camp, so we'll get the folder on
Tuesday and share materials then. .. ... admittedly I tried to break into LeBel's office, but with the rekeying
that's occurring, my masterlock apparently no longer opens all of our doors:)
All seems pretty quiet at this point,
-Lisa
Lisa Me11delso11-le/111ini, AJCP
Ocputy Regional Director
202-619-7023 omcc
202-297- 1338 cell
On Sat, Jan 19, 2013 at 10:57 AM, May, Peter <peter_may@nps.gov> wrote:
I also doubt there is any substance to the claim. There are probably several reasons, but this is the
principal argument I would offer.
A careful reading of the Council resolution shoes that it calls only for an exchange of letters between
DC and NPS that would address in detail a pro\Asion for reversion If the Washington Harbour deed is
canceled or amended or if the $1 M donation for the park does not occur. The exchange clearly
occurred. Granted it is a bit of hair-splitting to argue that the Council Resolution is satisfied exclusively
by the exchange of letters, but I think the case is clear on intent as well.
The exchanged letters (which Camp may or may not have - but I am guessing not) allow for
amendments that are "technical or insubstantial" without reversion. I went to the office to see if we have
further documentation on the 2000 or 2005 amendments. because I am guessing that they would be
considered insubstantial , and we may have made a determination to that effect. Unfortunately, I am not
a master of the lands fi les so I could not readil y find anything. But I am sure we have more information
that Brian or Glenn can find on Tuesday.
ltps ://mail.google.com/mal llb/ 152/u/O/?ul=2&1K" f 534 768664&v leWJ"pt&cat =Jack's Boathousa&search= ..
2/4
~ O THE INTERIOR Mail - Re: Anolt1or Ille re: Georgetown waterfront
I did find information on the original negotiation behind the letters and it is clear from correspondence
from then-Mayor Barry that the intent of this provision is to ensure that the waterfront easement remains
in perpetuity and that the initial park construction (using the $1 M) occur. There is no doubt that the
initial park improvements were done and that the easement remai ns intact. So I believe we have met
both the techni cal requirements of the Council resolution (with the exchange of letters) and the Intent.
I spoke briefl y to John Parsons about this since he was in\Olved all the way through the process and
may have helpful background.
I was disappointed with the quotes from Jack Evans in the City Paper and other websites and I am
contemplating what to say t o him next (i f anything).
Peter
Peter May
1100 Ohio Drive SW, Washington, DC 20242
(202) 619 7025
peter_ may@nps.gov
On Sat, Jan 19, 2013 at 8:46 AM, Steve Whitesell <steve_whilesell@nps.goV> wrote:
Thanks. I doubt seriously there is anything to Camp's claims. Simply muddying the water.
Interesting that Simkin says he won't submit a proposal. I'm guessing there is something more to
his legal holdings of Jack's LLC, but who knows. Certainly interesting.
Sent from my iPad
On Jan 18, 2013, at 11 :42 PM, "May, Peter'' <peter_may@nps.goV> wrote:
> Now that I ha\ read the City Paper article that describes Simkln's
> allegations about the jurisdiction of the property, I think these land
> records are especially helpful. You may ha\.e already gotten these from
> Brian but I thought I should forward just in case. To me it seems the
> remaining question is whether the amendments to the Washington Harbour are
> "i nsubstantial". We will have to check them out.
>
> My thanks to Tammy for sending these documents.
>
>Peter
>
~ ~ ~ ~ ~ ~ ~ ~ ~ ~
> Peter May
> Associate Regional Director - Lands, Planning, and Design
> National Park Service - National Capital Region
> 1100 Ohio Drive SW, Washi ngton, DC 20242
> (202) 619 7025
> peter_may@nps.gov
>
>
> ---Forwarded message ---
> From: Stidham, Tammy <lammy_stidham@nps.gov>
> Date: Fri, Jan 18, 2013 at 11 :26 PM
> Subject: In case you need these before Tuesday
> To: Peter May <Peter_May@nps.goV>
ttps://mall .google, com/mail/bi 152/u/Oi?ul=2&1k:f 634 768664&v levr-pt&cat=Jack 's Boathouso&soarch . 3/ 4
11!!11.tmCF Tl-IE INTERIOR Mall - Re: Another mo ro: Georgetown waterfront
>
>
>
>
> Tammy Stidham
> National Capital Region
> National Park Sen.ice
> 1100 Ohio r i ~ SW Room 228
>Washington, DC 20242
> '10ice - (202)619-7474
> cell - (202)438-0028
> fax - (202)401-0017
> tammy_stidham@nps.gov
> <1985 DC council resolution and MOA between NPS and DC.PDF>
> <1986 NPF letter.PDF>
> <letter from NPS to DC regarding leases.PDF>
> <lease for Jacks boathouse. PDF>
ltps://mall.google.com/mall/b/152/u/O/?ui=2&iK=r 534768664&11 lew=pt&cat=Jack's Boatt1ouse&search= ... 4/4
~ T OF THE INTERIOR Mail Another file re: Goorgotown waterfront
Another file re: Georgetown waterfront
Mendelson, Lisa <lisa_mendelson-ielmini@nps.goV> Wed, Jan 23, 2013 at 4:59 PM
To: "Stidham, Tammy" <tammy_stidham@nps.goV>, "May, Peter'' <peter_may@nps.goV>, Steve Whitesell
<ste\.e_whitesell @nps.gov>, Tara Morrison <Tara_Morrison@nps.gov>, Ste've LeBel <Ste've_LeBel@nps.gov>,
Jennifer Mummart <Jennifer_Mummart@nps.gov>, Doug Jacobs <Doug_Jacobs@nps.gov>, Lisa Mendelson
<lmendelson@nps.gov>
Attached you'l l find two 1987 letters ((in the same PDF fil e )) - one is NPS to DC, and the other Is DC to NPS.
This Includes the wharf language for your reference.
I didn't ha\.e them pre\/iously, my apologies to you if they are duplicates for you.
-Lisa
Lisa Memle/so11-/ elmi11i, A/ Cl'
N<itional Park ScJ'vicc
202-619-7023 office
202-297-I 338 cell
On Wed, Jan 23, 2013 at 9:41 AM, Stidham, Tammy <tammy_stidham@nps.goV> wrote:
All-
Attached is what Mr. Camp pro\/ided to Ste\.\3 Lebel. The deed is not the copy he ga\.e us, but is a copy from
our files . The copy he pro\/ided is very difficult to read because it is a bad copy.
Melissa and I ha\.\3 been digging through the fil es and have additional documents. We should be finished our
review today. Once completed, I will send out our re-.iew along with the additional documents.
Tammy
Tammy Stidham
'<{)i ce - (202)619-7474
. cell - (202)438-0028
fax - (202)401-0017
On Sat, Jan 19, 2013 at 3:24 PM, Mendelson, Lisa <lisa_mendelson-ielmini@nps.goV> wrote:
Hi e'veryone,
J.NITl\ll!NT OF THE INTERIOR Mail - Another filo re: Georgolown wat orfroni
Turns out that Steve LeB does have the folder of materials from Mr. Camp, so we'll get the folder on Tuesday
and share materials then. . .. .. admittedly I tried to break into LeBel's office, but with t he rekeying that's
occurring, my masterlock apparently no longer opens all of our doors:)
- Lisa
Lisa

AI CP
Deputy Regional Oirc<.:tor
Nminnal Purk Scl'vicc
202-619-7023 0 mcc
202-297- 1338 cell
On Sat, Jan 19, 2013 at 10:57 AM, May, Peter <peter_may@nps.goV> wrote:
I also doubt there is any substance to the claim. There are probably several reasons, but this is the
principal argument I would offer.
A careful reading of the Council resolution shoes that it calls only for an exchange of letters between DC
and NPS that would address in detail a provision for reversion if the Washington Harbour deed Is canceled
or amended or if the $1 M donation for the park does not occur. The exchange clearly occurred. Granted it
is a bit of hair-splitting to argue that the Council Resolution is satisfied exclusi'-lely by the exchange of
letters, but I think the case is clear on Intent as wel l.
The exchanged letters (which Camp may or may not ha\e - but I am guessing not) allow for amendments
that are "technical or insubstantial" without re\ersion. I went to the office to see if we have further
documentation on the 2000 or 2005 amendments, because I am guessing that they would be considered
insubstantial , and we may have made a determination to that effect . Unfortunately, I am not a master of
the lands files so I could not readily find anything. But I am sure we ha\e more information that Brian or
Glenn can find on Tuesday.
I did find information on the original negotiation behind the letters and it is clear from correspondence from
then-Mayor Barry that the intent of this provision is to ensure that the waterfront easement remains in
perpetuity and that the initial park construction (using the $1M) occur. There is no doubt that the initial
park impro\ements were done and that the easement remai ns intact. So I believe we have met both the
technical requirements of the Council resolution (wit h the exchange of letters) and the Intent.
I spoke bri efly to John Parsons about this since he was invol'.ed all the way through the process and may
have helpful background.
I was disappointed wi th the quotes from Jack Evans in the City Paper and other websites and I arn
contemplating what to say to him next (If anything).
Peter
Peter May
Associate Regional Director - Lands, Pl anning, and Design
ttps://mail .google.com/maillb/ 152/u/O/?ui=2&ik=f 534 768664&v lew=pt&cat Jack 's Boathouse&search" .. . 2/4
(202) 619 7025
peter _rnay@nps.gov
On Sat, Jan 19, 2013 at 8:46 AM, Steve Whitesell <steve_whilesell@nps.gov> wrote:
Thanks. I doubt seriously there is anything to Camp's claims. Simply muddying the water. Interesting
that Simkin says he won't submit a proposal. I'm guessing there is something more to his legal
holdings of Jack's LLC, but who knows. Certainly interesting.
Sent from my iPad
On Jan 18, 2013, at 11:42 PM, "May, Peter" <peter_may@nps.gov> wrote:
> Now that I have read the City Paper article that describes Simkin's
> records are especiall y helpful. You may have already gotten these from
> "insubstantial". We will have to check them out.
>
>
> Peter
> ~ ~ ~ ~ ~ ~ ~
>Peter May
>Associate Regional Director - Lands, Planning, and Design
> 1100 Ohio Drive SW, Washington, DC 20242
> (202) 619 7025
> peter_may@nps.gov
>
>
> --Forwarded message --
>From: Stidham, Tammy <tammy_stidharn@nps.goV>
>Date: Fri, Jan 18, 2013 at 11:26 PM
> To: Peter May <Peter_May@nps.gov>
>
>
>
>---------
> Tammy Stidham
> 1100 Ohio Dri\Ae SW Room 228
> Washington, DC 20242
> \.QiCe - (202)619-7474
> cell - (202)438-0028
>fax - (202)401-0017
> <lease for Jacks boathouse.PDF>
~ T OF THE INTERIOR Mail -Another file re: Georgetown waterrront
t:) 1987 05 18 NPS to DC.pdf
204K
ttps ://mail. googla.comlmalllbl 152/u/Ol?ui=2&ik=f 534 768664&v lew=pt&eat =Jack's Boathouso&scaroh" .. .
414
\
,. ... ,, ...
:,_: )
' "' ,,,
("' log No. 7--i
J ctA0
DISTRICT OF co"LUMBIA " f
GOVERNMENT OF THE
DEPARTMENT OF PUBLIC WORKS
2000 14'1'H STA!ET. N.W.
STH F1.00A
W"8HINQTON, 0,C. 20009
RE:PLY TO:
OFFICE OF POLICY AND PLANNING

Mr. Manus J......-Fish
u.s. of Interior
Dear Mr. Fish:
September 2, 1987
C-
.l (9'-,; vP
GeJ->3,..M 1,..)

Enclosed is a signed copy of your May 18, 1987, letter to
Mayor Barry regarding the transfer of jurisdiction of the
Georgetown Waterfront Park from the District of Columbia to
the National Park Service.
A copy of this letter has also been forwarded to the Federal
Highway Administration (FHWA). However, FHWA approval of .
this transfer is still pending.
I will notify you upon receipt of FHWA approval.
___
J. Cohen
cti g Administrator
En:cl osure
I. UGI!:" t;-r 1,.,E<
c., 1..e>-> 0 /)M..J-1'20".l...

-:5 u-9"1' C-'i,Lt> '-0
,. "S.
.\/A v:- 'r" 1.rl11?4 '-/
:
: ~ . . . .
(
United States Depanment of the Interior
NATIONAL CAPITAL REGION
1100 OHIO DRIVE, S. W.
WASHINGTON, D.C. 20242
L30(NCR-LUCE)
Honorable Marion s. Barry
Mayor of the District of Columbia
Pistrict Building
13th & E Streets, N.W.
Dear. a y o ~ ~
l 8 MAY 1987
On September 10, 1985, the Council of the District of Columbia adopted Council
Resolution 6-284, which provided for the transfer of jurisdiction of Distr'ict
of Columbia lands within the boundaries of Georgetown Waterfront Park to the
National Park Service. Section 3 of the resolution makes the transfer
contingent upon an exchange of letters between us. This will serve as the
letter which is required in Section 3 and indicates our agreement with the
1. The District of Columbia Government shall retai r:i . ,authority to maintain
water and sewer systems in the area by means of easements shown on the
plats on file with the District of Columbia Office of the Surveyor under
S.O. 84-230, Phase I and Phase II.
2. The District of Columbia reta1ns r1ghts of access to dlld use of the
transfe.rred land in order to maintain and rehabilitate Key Bridge, the
Whitehurst Freeway, and K Street, N.W., as shown on the plats on file with
the District of Columbia Office of the Surveyor under s.o. 84-230, Phase 1
and Phase II.
The District of. Columbia is presently considering constructing cennecting
ramps from Jower K Street, N.W., to Canal Road and Key Bridge. If the
District determines that such connections should be constructed, the
District will seek a resolution of the Council of the District of
Columbia, prior to the second .stage transfer of jurisdiction provided for
in Section 2(2) of Resolution 6-284, which will reserve to the District of
Columbia jurisdiction over the land necessary to construct and maintain
those connecting ramps
.. .
. .
..
..
.. ~ . '. . ..
' .
J
. " .,
.
1.) r_" )
2
3. The National Service agrees to allow the District of Columbia to use
exist i ng storage areas and public works facilities until these .are
relocated to suitable sites by the mutual agreement of the Mayor and the
Regional Director, National Capital Region, National Park Service.
4. If the deed, dated January 7, 1985, between Washington Harbour Associates,
et. al., and the United States of America, is-...amended by other than
technical or insubstantial amendments, or cancelled, or if Washington
Harbour Associates fails . to pro vi de $1 m111 ion for the construct 1 on of a
park between 31st Street, N.W., and Wisconsin Avenue, N.W., then
jurisdiction shall revert to the District of Columbia.
5. We agree that the transferred lands shall be used only for public park and
related purposes. However, this does not preclude the assignment of
existing leases to the Nationa1 Park Service.
The National Park Service shall cooperate with the District of Columbia in
finding alternative sites for affected public services and in planning the
development of the park. In this regard we have issued the necessary
permit to provide for the relocation of the Bridge Uivision to the 11th
and 0 Street site. The National Park Service shall continue to involve
the District of Columbia Office of Planning in our planning for the park.
7; The District of Columbia shall delegate tts duties under existing leases
and shall assign the rents derived from existing leases to the National Park
Foundation, to be used to the benefit of theGeorgetown Waterfront Park4
8. The National Park Service wi11 accept jurisdiction over the property in
existing condition as of the date of tritnsfer of .iuri sdi ct ion.
9. The National Park Service shall assume responsibflity for shoreline
maintenance to include repair and maintenance and protection of all -0r any
wharves, piers* bulkheads and similar structures approved by park
development plans and not the subject of leases located on the transferred
land or in the adjacent waters.
Section 4 of the resolution also requires that the District of. Columbia
conduct a parking study prior to transferring jurisdiction. The National
Park Service has reviewed the now-completed Ge.orgetown Parking Plan, and
concurs with its findings.
- .- .
. . ! .
. ..; .. : ._.. ...... ... .
.' .' : ..
: ....
. .
" .
.. ... . . ...
...., .
- - --1
... l , -
' ,.
"I 9"" I}
3
We appreciate the cooperation of the nistrict of Columbia in this important
transfer; and look forward to the creation of the waterfront park.
Sincerely,
<(LJLI
Regional D1reetor, National Capital
1 concur:
. ...
Mayor of t1e Distric
S!9ll' 'F THE l ~ l ~ R I O R Mail - Re: In case you need these before Tuesday
Re: In case you need these before Tuesday
Stidham, Tammy <tammy_stidham@nps.goV> Wed, Jan 23, 2013 at 9:41 AM
To: "Mendelson, Lisa" <lisa_mendelson-ielmini@nps.goV>
Cc: "May, Peter'' <peter_may@nps.goV>, Ste\ Whitesell <ste\_whitesell@nps.goV>, Tara Morrison
<Tara_Morrison@nps.goV>, Ste\ LeBel <Ste\_LeBel@nps.goV>, Jennifer Mummart <Jennifer_Mummart@nps.goV>
All -
Attached is what Mr. Camp provided to Ste\ Lebel. The deed is not the copy he ga\ us, but is a copy from our
files. The copy he pro"1ded is \ry difficult to read because it is a bad copy.
Melissa and I ha\ been digging through the files and ha\ additional documents. We should be finished our
re"1ew today. Once completed, I will send out our re"1ew along with the additional documents.
Tammy
-----------
Tammy Stidham
1,,GiCe - (202)619-7474
cell - (202)438-0028
fax - (202)401-0017
On Sat, Jan 19, 2013 at 3:24 PM, Mendelson, Lisa <lisa_mendelson-ielmini@nps.goV> wrote:
Hi e\ryone,
I'm in the office and just spoke with the Ste\s Whitesell and LeBel.
. Tums out that Steve LeB does ha\ the folder of materials from Mr. Camp, so we'll get the folder on Tuesday
and share materials then. .. ... admittedly I tried to break into LeBel's office, but with the rekeying that's
occurring, my masterlock apparently no longer opens all of our doors:)
-Lisa
Lisa 1Jfemlelso11-Ielmini, AICP
NaLional Park Service
202-619-7023 office
202-297-1338 cell
ttps ://mail.google.com/mail/b/ 152/u/O/?ui=2&ik=f 534 768664&v iew=pt&cat=Jack's Boathouse&search= .. 1/3
f2NJr,<:JF THE ~ E R I O R Mail - Re: In case you need these before Tuesday
I also doubt there is any substance to the claim. There are probably se\eral reasons, but this is the principal
argument I would offer.
A careful reading of the Council resolution shoes that it calls only for an exchange of letters between DC
and NPS that would address in detail a pro\1sion for re\ersion if the Washington Harbour deed is canceled or
amended or if the $1 M donation for the park does not occur. The exchange clearly occurred. Granted it is a
bit of hair-splitting to argue that the Council Resolution is satisfied exclusi\ely by the exchange of letters,
but I think the case is clear on intent as well.
The exchanged letters (which Camp may or may not ha\A9 - but I am guessing not) allow for amendments
that are "technical or insubstantial" without re\ersion. I went to the office to see if we ha\A9 further
documentation on the 2000 or 2005 amendments, because I am guessing that they would be considered
insubstantial, and we may ha\A9 made a determination to that effect. Unfortunately, I am not a master of the
lands files so I could not readily find anything. But I am sure we ha\A9 more information that Brian or Glenn
can find on Tuesday.
then-Mayor Barry that the intent of this pro\1sion is to ensure that the waterfront easement remains in
perpetuity and that the initial park construction (using the $1M) occur. There is no doubt that the initial park
improvements were done and that the easement remains intact. So I belie\A9 we ha\A9 met both the technical
requirements of the Council resolution (with the exchange of letters) and the intent.
I spoke briefly to John Parsons about this since he was in\()l\ed all the way through the process and may
ha\A9 helpful background.
contemplating what to say to him next (if anything).
Peter
Peter May
1100 Ohio Driw SW, Washington, DC 20242
(202) 619 7025
peter _may@nps.gov
On Sat, Jan 19, 2013 at 8:46 AM, Steve Whitesell <steve_whitesell @nps.gov> wrote:
Thanks. I doubt seriously there is anything to Camp's claims. Simply muddying the water. Interesting
, that Simkin says he won't submit a proposal. I'm guessing there is something more to his legal holdings
of Jack's LLC, but who knows. Certainly interesting.
Sent from my iPad
On Jan 18, 2013, at 11 :42 PM, "May, Peter'' <peter_may@nps.gov> wrote:
> Now that I ha\A9 read the City Paper article that describes Simkin's
>allegations about the jurisdiction of the property, I think these land
>records are especially helpful. You may ha\A9 already gotten these from
ttps: //mail. goog le. com/ m ai I/ bi 152/ u/O/?ui =2&ik =f 534 768664& v iew=pt&cat=J ac k's Boathous e&s earc h= ... 2/3
~
l'J!lllHlF THE INIERIOR Mail - Re: In case you need these before Tuesday
>"insubstantial". We will have to check them out.
>
>
>Peter
>
----------
>Peter May
> 1100 Ohio Drive SW, Washington, DC 20242
> (202) 619 7025
> peter_may@nps.gov
>
>
> --- Forwarded message ---
>From: Stidham, Tammy <tammy_stidham@nps.gov.>
>Date: Fri, Jan 18, 2013 at 11:26 PM
> To: Peter May <Peter_May@nps.gov.>
>
>
>
>-----------
> Tammy Stidham
> 1100 Ohio Drive SW Room 228
> \.Oice - (202)619-7474
> cell - (202)438-0028
>fax -(202)401-0017
4 attachments
tj 2005 deed amendment.PDF
2248K
tj Baxter deed for lot 805 square 1179.PDF
127K
case law example.PDF
1648K
Vj LR0772 -1985 deed.pdf
1774K
ttps :I Im ail. google. com/mail/b/152/u/O/?ui=2&ik=f 534 768664&v iew=pt&cat=Jack's Boathouse&search= .. . 3/3
SUPPLEMENTAL DEED OF EASEMENTS
THIS SUPPLEMENTAL DEED OF EASEMENTS ("Agreement") is made as of
the I st day of March, 2005 between LANO/ ARMADA HARBOURSIDE, L.L.C., a
Virginia limited liability company ("Harbourside"), and the UNITED STATES OF
AMERICA, acting in this matter by the Secretary of the Interior, through the Regional
Director of the National Capital Region of the National Park Service ("NPS").
RECITALS:
WHEREAS, NPS, Washington Harbour Associates, a District of Columbia
partnership ("WHA''), Goorgetown Potomac Company, a Delaware corporation
("GPC"), and Mount Clare Properties (D.C.) Inc., a Maryland corporation ("Mount
Clare") were parties to that certain Deed of Easements dated as of January 7, l985
("Deed of Easements') and recorded with the District of Columbia as Instrument No.
059297 on October 25, 1988;
WHEREAS, that certain real property known for tax and assessment purposes as
Lot 82, Square 1171 in Washington, DC as further described on Exhibit A-1 hereto ("Lot
82") is subject to the Deed of Easements;
WHEREAS. Lot 82 was created by a plat of re-subdivision recorded in Uber 176
at folio 145 in the Office of the Surveyor of the District of Columbia which combined
lots previously known as Lot 81, Square 1171 and Lot 97, Square 1172;
WHEREAS, after execution of the Deed of Easements, Mount Clare conveyed
Lot 82 to Crescent Potomac Harbour, LLC ("Crescent Potomac") and, subsequently,
Crescent Potomac conveyed Lot 82 to Harbourside by Special Warranty Deed dated and
recorded September 30, 2002 as Instrument Number 2002 l 12682;
WHEREAS, WHA no longer has any right to improve Lot 82;
WHEREAS, NPS has jurisdiction over that certain real property and the
improvements located thereon in the District of Columbia known as Lot 801, Square
1172, as further described on Exhibit A-2 hereto (" Lot 801");
WHEREAS, the Genera! Services Administration ("GSA") and the District of
Columbia ("District'") each currently have jurisdiction over respective portions o[tilat
certain real property located in the District ofColwnbia and further described on Exhibit
A-3 hereto ("Northern Lot") and GSA administers and has jurisdiction over the
improvement located thereon;
WHEREAS, GSA, the District and NPS anticipate that GSA and the District will
transfer to 1'.'PS jurisdiction over those portions of the Northern Lot over which each of
them has jurisdiction;
WHEN RECORDED RETURN TO:
Commercial Settlements, Inc.
1 0 1 5 1 5 ~ Street, N.W., Suite 300
Washington, DC 20005 {
Fife No. () YO<a 5 3 1;) rp,}
WHEREAS, Harbourside an@ NPS desire to modify certain terms of the Deed of
Easements relating specifically to their interests therein; and
WHEREAS, the Secretary of Interior or a duly authorized representative is
authorized by Section S(b) of Public Law 90-401, approved July 15, 1968, as amended, to
make exchanges ofland or interests in land provided the exchange of property shall be
approximately equal or if not equal the values shall be equalized by the payment of cash.
NOW THEREFORE. the parties hereto do hereby grant, convey, covenant and
agree as follows:
I. Recitals. The recitals set forth above are hereby incorporated into this
Agreement.
2. Exhibits. Exhibits C-1, C-2, D-1, Q:l, F-1, B, G-l, G-2, G-3. G-4, M-I, M-
z_, N-1 and N-2 attached to the Deed of Easements are hereby deleted, and Exhibits C-1,

M-2, and N attached hereto hereby respectively replace and supersede the same and all
reference to said exhibits in the Deed of Easements or herein shall be to snid exhibits as
are attached hereto. Certain exhibits are being replaced hereby, even though there is no
change to the text of the Deed of Easements, because the configuration of the easement
area is being modified.
3. Scenic Easements over Lot 82 for the Benefit of NPS.
(i) Paragraph 3 (b) of the Deed ofEasements is hereby deleted and the following
is inserted in its place:
"(b) The easement area described and depicted on Exhibit D-1 and
Exhibit D-2 shall be kept free of structures other than an open terrace area,
landscaping, paving, planting, lighting, walkways, flood control devices,
projections from and/or architectural appurtenances of adjacent buildings."
(ii) Paragraph 4(a) of the Deed of Easements is hereby deleted and the following
"(a) The easement areas shall be kept free of structures oilier than those
building projections extending from the improvements in Lot 82 generally
as described on Exhibit E-3 and Exhibit F-3 and shown on Exhibit E-4 and
Exhibit F-4 (subject to further design development that does not materially
alTect the FAR associated with the projections) and otherwise as expressly
pennitled by NPS."
4. Landscape Plan and Terrace Area in Lot 801. Paragraph 5 of the Deed of
Easements is hereby deleted and tbe following is inserted in its place:
-2-
"(a) (1) Harbourside, as owner of Lol 82, covenants for itself and its
successors and assigns wi1h NPS and its assigns that it will improve and
landscape the areas identified on Exhibit Nin accordance with plans
attached hereto as Exhibit N (''Landscape Plan"). Harbourside further
covenants that it will perpetually maintain said landscaping in reasonably
good condition for the benefit ofNPS.
(U) NPS hereby grants and conveys to Hacbourside and its
successors and assigns a perpetual easement on, over, under and across
that portion ofLot 801 described and depicted, respectively, on Exhibit Q-
1 and G-2, for the construction. use, mainteoance, repair and
reconstruction of a terrace {with stairs and ancillary appurtenances) to be
attached to lhe improvements to be constructed on Lot 82 ("Terrace").
Following the initial construction of the Terrace, Harbourside shall obtain
NPS prior written approval, except in the event of an emergency or in
connection with routine repairs and maintenance, for any work to be done
in accordance with the previous sentence and, once it commences such
work, Harbourside shall complete such work in a reasonable manner and
with reasonable due diligence. NPS shall respond within ten (10) business
days of a request for approval of such work and shall not unreasonably
withhold, condition or delay its approval. Once constructed and, subject
to the need to maintain, repair or reconstruct the same, the Terrace shall be
open to the public at all times. No restaurant or commercial activities
shall occur on the Terrace.
(b) The covenants set forth in this Paragraph 5 are deemed to be real
covenants and shall run with the land known as Lot 82. As used in this
Deed, "NPS" shall mean the United States of America acting by and
through the Secretary of the Interior, through the Regional Director of the
National Capital Region of the National Park Service."
5. Landscaping East of Rock Creek Park. Paragraph 7 of the Deed of
Easements is hereby deleted.
6. General Improvements. Paragraph 8 of the Deed of Easements is hereby
deleted and the following is inserted in its place:
"The parties hereto recognize and agree that the obligations set forth in
Paragraphs 5 and 6 herein to make improvements on lands of the United
States are limited to such improvements as are shown on the Landscape
Plan. Should NPS determine to make subsequent improvemeots, it shall,
prior to effecting such improvements, notify Harbourside or its successors
or assigns in writing of the improvements to be made. Harbourside or its
successors or assigns shall not be required to maintain such improvements
iflhe cost of such maintenance would increase the then current cost of
- 3 -
maintaining the landscaping set forth on the Landscape Plan by more than
5%."
7. Easements For the Benefit ofNPS In Area Formerly Constituting
Virginia Avenue.
(i) Paragraph 9(a) of the Deed of Easements is hereby deleted and the following
"(a) Harbourside, as owner of Lot 82, for itself and its successors and
assigns, covenants for the benefit of NPS that, within the above-grade area
fonnerly constituting Virginia Avenue located between Rock Creek and
30
1
h Street, N.W. as described and depicted, respectively, in Exhibit l-1
and Exhibit 1-2, no improvements shall be constructed above grade other
than (i) a courtyard with paving and landscaping and (ii) those certain
projections from, and architectural appurtenances (including a stair tower)
of, improvements to be constructed on Lot 82, generally as described on
Exhibit 1-7 and shown on Exhibit 1-8 (subject to further design
development that does not materially affect the FAR associated with the
projections). The covenants set forth in this Paragraph 9 shall be deemed
real covenants and shall run with Lot 82."
(ii) Paragraph 9(b) of the Deed of Easements is hereby modified by deleting the
last two sentences thereof and replacing it with the following:
"The easement acea described and depicted, respectively, in Exhibit I-5
and Exhibit I-6, shall be subject to the restrictions of Paragraph 3 except
that, notwithstanding anything to the contrary in Paragraph 3, the above
grade easement areas described in tbis sentence shall be kept free of
projections other than those building projections extending from the
improvements in Lot 82, generally as described on Exhibit I-7 and shown
on Exhibit l-8 (subject to further design development that does not
materially affect the FAR associated with the projections) and otherwise
as expressly permitted by NPS. The easement area described and
depicted, respectively, in Exhibit I-3 and Exhibit C-4, shall be subject to
the restrictions of Paragraph 4 except that, notwithstanding anything to the
contrary in Paragraph 4(a), the above grade easement areas described in
this sentence shall be kept free of projections other than those building
projections extending from the improvements in Lot 82, generally as
described on Exhibit 1-7 and showu on E:ilhibit 1-8 (subject to further
design development that does not materially affect the FAR associated
with the projections) and otherwise as expressly permitted by NPS."
8. Additional Restrictions on Building Heights on Lot 82. Paragraph 12 (a)
of the Deed of Easements is hereby deleted and the following is inserted in its place:
-4-
"(a) On that portion of Lot 82 previously known as Lot 97, Square 1172,
no building or other structure shall exceed fifty-two (52) feet in height
except that said improvements shall be pennitted to have the following
that may exceed the fifty-two (52) feet: (i) railings or other similar
enclosures required by the District of Columbia Building Code including a
parapet wall along the perimeter of the building which parapet shall not
exceed one foot, six inches in height, and (ii) a largely glass enclosure
which shall extend south from the north side of the applicable
improvements to be constructed on that portion of Lot 82 previously
known as Lot 97, Square 1172 approximately 141 feet in length, be no
more than 16 feet high and l 0 feet wide and enclose stair towers,
mechanical equipment and/or an elevator machine room."
9. Paragraph 13. NPS hereby acknowledges that the obligations of the parties
pursuant to Paragraph 13 of the Deed of Easements have been satisfied in full .
JO. Paragraphs 15 and 16 oftbe Deed of Easements. Paragraphs 15 and 16 of
the Deed of Easements are hereby deleted in their entirety.
11. Obligations and Easements over and under Lot 801. Paragraph 17 of the
Deed of Easements is hereby deleted and the following is inserted in its place:
"NPS does hereby grant and convey to and for the benefit of Harbourside,
its successors and assigns, as owner of Lot 82, (i) a perpetual, exclusive
easement under the area located on a portion of Lot 801 described and
depicted on Exhibit G-3 and Exhibit G-4 ("Vault Area") for the
construction, use, repair, maintenance and reconstruction of an extension
of the underground garage and/or of a mechanical room which will be pan
of the improvements to be constructed on Lot 82, and (ii) a perpetual,
exclusive easement extending ten (10) feet south from the boundary
between Lot 82 and Lot 801 as described and depicted on Exhibit G-5 and
Exhibit G-6 hereto for the construction, use, maintenance, repair and
reconstruction of balconies extending from and attached to the 4
1
h ands"'
floors of the improvements to be constructed on Lot 82."
12. Easements Over and Obligations With Respect to the Northern Lot.
Effective automatically if and when the District and/or GSA transfers to NPS jurisdiction
over those portions of the Northern Lot over which each of them have jurisdiction, NPS
hereby grants and conveys to Harbourside and its successors and assigns as owner of Lot
82 a perpetual, exclusive easement over the portion of the Northern Lot described on
Exhibit M-1 and depicted on Exhibit M-2 hereto for the construction, use, maintenance,
rerair and reconstruction of building projections extending from and anached lo the 3rd,
4' , 5th and 6'h floors of the improvements to be constructed on Lot 82.
- 5 -
13. Obligations ofWHA. The parties hereto agree that WHA has no obligations
with respect to Paragraphs 4,5,6,7,8 and 12 of the Deed of Easements, as modified
hereby.
14. Miscellaneous.
(a) This Agreement may be executed in multiple counterparts, each of
which shall constitute an original and all of which together shall constitute one and the
same ins1rument.
(b) The laws of the United States of America and, to the extent that
lhere is no applicable or controlling federal law, the laws of the District of Columbia,
shall govern the interpretation, construction, and validity of this Agreement, regardless of
any principles of choice or conflicts oflaws.
(c) Any notice, request, consent or other communication under this
Agreement shall be in writing and sh.all be deemed given upon delivery with a written
receipt (or upon refusal of delivery or receipt) at the appropriate address indicated below
or such other address of which said party gives the other party at least five (5) days
notice: (l) by registered or certified United States mail, return receipt requested, pastage
prepaid; (2) by hand; (3) by a nationally recognized overnight delivery service; or (4) by
any other method agreed upon by the parties.
lfto NPS:
Attn: Regional Director
Fax: (202) 619-7220
If to Harbourside:
c/o Lano International Inc.
3050 K Street, N.W., Suite 205
Attn: Alan Novak
Fax: (202)944-4704
with a copy to:
The National Property Board
[Statens Fastighetsverkl
Box: 2263, S-103 16
Stockholm, Sweden
Attn: Jan Thews
Fax: 011-46-8-696-70-01
- 6 -
(d) If one or more provision of this Agreement shaU be held to be
invalid, illegal, or unenforceable in any respect or with respect to any party, such
invalidity, illegality, or unenforceability shall not, to the fullest ex.tent pennirted by
applicable law, invalidate, rend.er illegal, or render unenforceable such provision with
respect lo the other party or any other provision of this Agreement.
(e) Except as specifically modified nereby, the Deed of Easements
remains in full force and effect.
(f:) NPS and Harbourside hereby agree to comply with 16 U.S.C.
460l-22(b) regarding the equalization of the value of the interests in land exchanged by
this Agreement.
-7-
EXHIBITS:
Exhibit A-l
ExhibitA-2
Exhibit A-3
Exhibit C-1
ExhibitC-2
Exhibit D-1
Exhibit D-2
Exhibit E-3
ExhibitE-4
Exhibit F-1
Exhibit F-2
Exhibit F-3
ExhibitF-4
Exhibit G- 1
Exhibit G-2
ExhibitG-3
Exhibit G-4
ExhibitG-5
Exhibit G-6
Exhibit l-7
Exhibit 1-8
Exhibit M-1
Exhibit M-2
ExhibitN
Description: Lot 82
Description: Lot 801
Description: Northern Lot
Description of Scenic Easement (above VA)
Plat of Scenic Easement
Description of Scenic Easement Area (below VA)
Plat of Scenic Easement Area
Description of Projections into E-1/E-2 Easement Area
Plat Showing Projections into E-1/E-2 Easement Area
Description of Public Access And Scenic Easement (below VA)
Plat of Public Access And Scenic Easement
Description of Projections into F-lfF-2 Easement Area
Plat Showing Projections into F-1/F-2 Easement Area
Description of Terrace Area
Plat of Terrace Area
Description ofVault Area
Plat of Vault Area
Description of Easement for Projections over Lot 80 I
Plat of Easement for Projections over Lot 801
Description of Projections into I Easement Areas
Plat of Projections into I Easement Areas
Description of Easement for Projections Over the Northern Lot
Pl al of Easement for Projections Over the Northern Lot
Landscape Plan
IN WITNESS _WHEREOF, the parties hereto have executed this Supplemental
Deed of Easements as of the date first written above.
LANO/ ARMADA HARBOURS IDE, LLC
By. O b ~ ~ ~ ~ J . ~ ~
Name: \
Title:
lN TESTIMONY WHEREOF, the United States of America, by and through the
Secretary of the Interior, has executed on its behalf as of the date first written above as its
free act and deed for the uses and purposes herein contained, and intending to be legally
bound, has as of the day and year first above written, caused these presents to be executed
by the Regional Director, National Capital Region, National Park Service, United States
Department of the Interior and does hereby constitute and appoint said
_ ____ _ _, as its true and lawful attorney-in-fact to acknowledge and deliver this
Supplemental Deed Of Easement as its free act and deed for the uses and purposes herein
contained.
IJJ4 !03 _J DOC
By: ~ - - - ~ ~ ~ ~ ~ ~ ~ ~ ~ ~
Regional Director
IN WITNESS WHEREOF, the parties hereto have executed this Supplemental
Deed of Easements as of the date first written above.
LANO/ARMADA HARBOURSIDE, LLC

Name:
Title:
IN TESTL.\.fONY WHEREOF, the United States of America, by and through the
Secretary of the Interior, has executed on its behalf as of the date first written above as its
free act and deed for the uses and purposes herein contained, and intending to be legally
bound, has as of the day and year first above written, caused these presents to be executed
by the Regional Director, National Capital Region, National Park ServicJe United States
oflhe lnterior and does hereby constitute and appoint said O)lOh M.
(_), !Jt v-- as its true and lawfiJI attorney-in-fact to acknowledge and-heliver this
Supplemental Deed Of Easement as its free act and deed for the uses and purposes herein
contained.
IJ2410J_3.DO('
By:
Regional Director
\0
DISTRICT OF COLUMBIA
) ss:
CITY OF W ASHTNGTON )
On il>i L! day , 2005, before me ""'"'"' 'PP"""
/1111'1 I?. known persontly (or satisfactorily proven) to me to be the
!171JN!16t,J6 mu14Vlof Lano/Armada Harbourside, L.L.C., and that he, in such capacity,
being authorized so to do, executed the foregoing and annexed Supplemental Deed of
"''"'m"'' fo<th 0001,;n.,,. ,_#
/) 1! .1 1 Public
My commission ../! c-1
0
7 therlne Ann swari
) SS:
CITY OF WASHINGTON )

Public In and fo1

e Jfstrfot of
On this __ day of , 2005, before me personally appeared Joseph M.
Lawler known personally (or satisfactorily proven) to me to be the Regional Director,
National Capital Region. National Park Service, Department of the Interior and that he, in
such capacity, being authorized so to do, executed the foregoing and annexed
Supplemental Deed of Easements, for the pucposcs therein contained on behalf of the
United States of America.
Notary Public
My corrunission expires -----
11
) ss:
On this __ day of , 2005, before me personally appeared
--------- known personally (or satisfactorily proven) to me to be th.e
______ of Lano/ Annada Harbourside, L.L.C., and that he, in such capacity,
being authorized so to do, executed the foregoing and annexed Supplemental Deed of
Easement, for the purposes therein contained.
Notary Public
My commission expires _ ___ _
) SS:
. Y:P
On this JI day of. , 200.5, before me personally appeared Joseph M.
Lawler known personally (or sa proven) to me robe the Regional Director,
National Capital Region, National Park Service, Department of the Interior and that he, in
such. capacity, being authorized so to do. executed th.e foregoing and annexed
Supplemental Deed of Easements, for the purposes therein contained on behalf of the
United States of America.
My commission expires 31
1
Wo9

otarYPublic
\'1-
ACKNOWLEDGMENT AND CONSENT;
The undersigned executes this Supplement Deed of Easement in their capacity as trustees
pursuant to that certain Deed of Trust, Assignment of Rents and Leases, Security
Agreement and Financing Statement dated September 25, 2002 executed by
Lano/Armada Hourbourside, L.L.C. for the benefit of Bank of America, N.A. solely to
acknowledge and consent to the execution, delivery and recordation of the above
Supplemental Deed of Easement between Lano/Annada Harbourside, L.L.C and the
United States of America acting by the Secretary of the Interior, through the Regional
Director of the National Capital Region of the National Park Service

(.LAa

Laura B. DeGraaf, Trustee \S
The undersigned, a Notary Public in and for said j urisdiction do hereby certify
that Michael I. Sykes, who is personally well known to me (or satisfactoril y proven) to be
the person who executed the foregoivg, in bis capacity purs1fMt to that certain Deed of
Trust, Assignment of Rents and Leases Security Agreement and Financing Statement
dated September 25, 2002 ("Deed ofTrusl") peSona\ly appeared before me in said
jurisdict.ion and acknowledged said instrument to be the act and deed of himself as
Trustee pursuant to the above said Deed of Trust and that he delivered th.e same as such.
Given under my hand and seal this of 7h a1i.cL .. 2005.
My Commission e1tpires: 11 '6fJ I ioo5
DlSTRlCT OF COLUMBlA, ss:
The undersigned, a Notary Public in and for said jurisdiction do hereby certify
that Laura B. DeGraaf, who is personally well known to me (or satisfactorily proven) to
be the person who executed the foregoing, in her capacity as Trustee pursuant to that
certain Deed of Trust, Assignment of Rents and Leases, Security Agreement and
Financing Statement dated September 25, 2002 ("Deed of Trust"), personally appeared
before me in said jurisdiction and acknowledged said instrument to be the act and deed of

Given under my hand and seat of l1J. O.!i 2005.
'-
L.
My Commission expires:
let
EXHIBIT A-1
Lot 82
All that certain piece or parcel of land, together with the improvements thereon and
appurtenances LhereU11to belonging, lying situate and being in lhe City of Washington,
Dislrict of Columbia, being more particularly described as follows:
Lot Numbered 82 in Square Numbered 1171 in a subdivision made by Mount Clare
Properties, Inc., as per plat thereof recorded in Liber l 76 at Folio 145 in the Office of the
Surveyor for the District of Columbia.
EXHIBIT A-l
Lot 801
All that certain (Ol or parcel ofland together with all improvements
thereon located and being in the City of Washington in the District of
Columbia and being more particularly described as follows:
Part of Lots 91, 93 and 94 and all of Lots 95 and 96 of Deakins, Lee and
Conzenzious Addition to Georgetown in Square 1172. The parts of Lots 91,
93, 94 and Lots 95 and 96 in Square 1172 are now known on the Records of the
Assessor for the District of Columbia for assessment and taxation purposes as Lot
numbered 801 in Square numbered. 1172.
I fo
EXHIBIT ~ J
Northern Lot
All that certain Jot or parcel ofland together with all improvements thereon located and
being in the City of Washington in the District of Columbia and being more particularly
described as follows:
Part of Lots 70 and 71, and all of Lots 72, 73, 74 and 75 of Deak.ins, Lee and
Conzenzious Addition to Georgetown in Square 1172, the said property now known on
the Records of the Assessor for the District of Columbia for assessment and taxation
purposes as Lot numbered 808 in Square numbered I l 7 l.
l1
Exhibit C-1
DESCRIPTION OF SCENIC EASEMENT
LOT 82, SQUARE 1171
WASHINGTON, DISTRICT OF COLUMBIA
..... ... . Being a strip of parcel of land hereinafter described in, through, over and
across Lot 82, Square 1171, as recorded in the Office of the Surveyor of the
District of Columbia, in Book 176 at Page 145, and being more particularly
described as follows:
Commencing from the northeasterly corner of Lot 82. Square 1171 as recorded
in the Office of the Surveyor of the District of Columbia in Book 176. page 145,
North 8927' 50" West, 33.93 feet to the point of beginning, thence running the
following courses:
1. South 28 23' 1 O" West, 189.29 feet to a point
2. North 74 50' 50'' West, 0.86 feet to a point
3. North 0058' 39" West, 21.06 feet to a point
4. North 89 01 ' 21 " East. 5.00 feet to a point
5. North 00 58' 39" West, 15.00 feet to a point
6. North 8901' 21 " East, 5.00 feet to a point
8. North 8901' 21" East, 10.00 f eet to a point on a non tangent curve
9. 50.45 feet along the arc of a curve, deflecting to the right, having a radius
of 73.65 feet a chord length of 49.47 feet and chord bearing of North 25
02' 10" East to a point of reverse cuivature
10. 53.09 feet along the arc of a curve, deflecting to the left, having a radius of
79.41 feet a chord length of 52.11 feet and chord bearing of North 22 21'
10" East
11. North 89 01' 21 East, 5.1 8 feet to a point
13.South 89 27' 50" East, 26.14 feet to the point of beginning, containing
2,262.00 square feet or 0.05192 of an acre of land
....
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HARBOURSIDE DEVELOPMENT NORTH/SOUTH BUILDINGS
0111w1n9Tiue: 5CENIC EASEMENT
Exhibit No. C-2
Wiles Mensch Corporation Date: JANUAR.,. ?>l.2rDltl5
11860 Swirise Valle Drive, Suite 200 Reston VA 20191 703-391-7600 Fax 703-264-0595 Scale:I" = 100'
Exhibit D-1
DESCRIPTION OF SCENIC EASEMENT
LOT 82, SQUARE 1171
Being strips or parcels of land hereinafter described in, through, over and across
Lot 82, Square 1171, as recorded in the Office of the Surveyor of the District of
Columbia, in Book 176 at Page 145, and being more particularly described as
follows;
Commencing from the Southeasterly corner of Lot 82 Sq 1171 North 049'50"
West 125.00 feet, thence North 1601'40" East 48.99' feet, thence North
74"57'02" West 18.02 feet to the point of beginning, and thence running the
following courses:
1. South 1543' 52" West, 14.46 feetto a point
3. South 7450' 50" East, 4.33 feet to the point of beginning of the first
parcel containing 31.00 square feet or 0.00071 of an acre of land.
Thence commencing from said first parcel point of beginning South 1543'52"
West 24.46 feet to a second parcel point of beginning, and thence running the
following courses:
1. South 1543' 52" West, 13.24 feet to a point
3. North 89 01' 21" East, 3.81 feet to the point of beginning of the second
parcel, containing 24.00 square feet or 0.00055 of an acre of land.
Thence commencing from said second parcel point of beginning South 1543'52"
West 17.11 feet to a third parcel point of beginning, and thence running the
following courses:
1. South 15 43' 52" West, 31.14 feet to a point
3. North 89 01' 21 East, 8.95 feet to the point of beginning of the third
Thence commencing from said third parcel point of beginning South 1543'52"
West 31.14 feet, thence South 0"11 '45" West 41.13 feet to a fourth parcel point
of beginning, and thence running the following courses:
1. South 0107'38" East 59.42 feet to a point
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4. North 8901' 21" East, 14.96 feet to the point of beginning of the fourth
Said parcels collectively describing said easement containing 1045.97 square
feet or 0.02400 acres of rand.
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orawingTiUe: SCENIC EASEMENT Exhibit No. 0 2
Wiles Mensch Corporation Date: JANUARY 31,200S
11860 Sunrise Valle Drive Suite 200 Reston VA 20191 703-391-7600 Fax 703-264-0595 Scale;!" llZW'
Exhibit E-3
PROJECTION INTO PUBLIC ACCESS AND SCENIC EASEMENT AREA
LOT 82, SQUARE 1171
follows;
Commencing from the Northeasterly comer of Lot 82 Sq 1171, thence North
8927'50" West 33.93 feet and South 2823' 10" East, 32.90 feet to the point of
beginning, and thence running the following courses:
1. South 0058' 46" East, 2.68 feet to a point
3. North 2823' 1 O" East, 3.07 feet to the point of beginning of the first parcel
containing 2.01 square feet or 0.00005 of an acre of land.
Thence commencing from said first parcel point of beginning South 2823'10"
East 23.57 feet to a second parcel point of beginning, and thence running the
following courses:
1. 22. 77 feet along the arc of a curve, deflecting to the right, having a radius
of 90.01 feet a chord length of 22.70 feet and chord bearing of South 28
23' 1 O" East to a point
2. South 2823' 10" East, 22.70 feet to the point of beginning of the second
Thence commencing from said second parcel point of beginning South 2823'10"
East 73.03 feet to a third parcel point of beginning, and thence running the
following courses:
1. 10.92 feet along the arc of a curve, deflecting to the left, having a radius of
63.69 feet a chord length of 10.91 feet and chord bearing of South 0219'
05" East to a point
3. North 28 23' 1 O" East, 12.50 feet to the point of beginning of the third
Thence commencing from said third parcel point of beginning South 28"23'10"
East 20.74 feet to a fourth parcel point of beginning, and thence running the
following courses:
1. South 00"58'43" East, 7 .84 feet to a point
3. North 28 23' 10" East, 9.00 feet to the point of beginning of the fourth
parcel, containing 17 .31 square feet or 0.00040 of an acre of land.
Thence commencing from said fourth parcel point of beginning South 2823'1 O"
East 10.25 feet to a fifth parcel point of beginning, and thence running the
following courses:
1. South 0058'46" East, 13.89 feet to a point
2. South 8901 ' 14" West, 5.00 feet to a point
3. South 0058'46" East. 13.96 feet to a point
4. North7450'46" West, 9.55 feet to a point
5. North 2823' 1 O" East, 26.91 feet to the point of beginning of the fourth
Said parcels collectively describing areas containing 192.65 square feet or
0.00443 acres of land.
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METES AND BOUNDS
PROJECTION INTO PUBLIC. ACCE5S AND 5CENIC. EA5EMENT AREA
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PROJECTION INTO PUBLIC ACCESS AND SCENIC EASEHF-NT AREA
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Exhibit F-1
DESCRIPTION OF PUBLIC ACCESS AND SCENIC EASEMENT
LOT 82, SQUARE 1172
Being a strip of parcel of land hereinafter described in, through. over and across
Lot 82, Square 1171, as recorded In the Office of the Surveyor of the District of
follows:
Beginning at the Southeasterly comer of Lot 82, Square 1171 as recorded in the
Office of the Surveyor of the District of Columbia, in Book 176, Page 145 and
thence running the following courses:
3. North 89 01' 21" East, 0.68 feet to a point
4. North 0058' 39"West, 41 .12 feet to a point
5. North 1543' 52" East, 31.15 feet to a paint
6. North 88 44'12" East, 1.00 feet to a point
8. North 1543' 52" East, 13.24 feet to a point
9. North 89 01' 21" East, 2.84 feet to a point
10. North 00 58' 39" West, 9.48 feetto a point
11.North 1543' 45" East, 14.47 feet to a point
12.South 74 49' 04" East, 18.02 feet
13. South 16 01' 40"West, 48.99 feet to a point
14.South 00 49' 50" East, 125.00 feet to
the point of beginning, containing 3,771.00 square feet or 0.08657 of an acre
of land.
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0m,.,1n11Tiue: PU6LIC ACCESS AND SCENIC EASEMENT Exhibit No. :=-2
Wiles Mensch Corporation Date:
11860 Swirise Valle Drive Suite 200. Restou VA 20191 703-391-7600 Fax 703-264-0595 Scale; I" flllJIZ)'
Exhibit F-3
PROJECTION INTO PUBLIC ACCESS AND SCENIC EASEMENT AREA
LOT 82, SQUARE 1171
follows;
Commencing from the Southeasterly corner of Lot 82 Sq 1171 North 00"49'50"
West 125.00 feet, thence North 16"01'40" East 49.03 feet, thence North
7450'50" West 17.95 feet to the point of beginning, and thence running the
following courses:
1. South 00 58' 39" East, 48.44 feet to a point
3. North 1544' 02 East, 9.52 feet to a point
9. North 1544' 04" East, 14.48 feet to the point
10. South 74 50' 50" East, 0.07 feet to the point of beginning of the first
parcel containing 340.83 square feet or 0.00782 of an acre of land.
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Wiles Mensch Corporation Date: JANUARY
U860 Sunrise Valle Drive Suite 200 Reslon VA 20191 703- 391- 7600 Fax 703-264-0595 Scafe: I" lrz:>rz:>'
Exhibit G-1
DESCRIPTION OF TERRACE AREA
LOT 801, SQUARE 1172
Being a part of assessment and taxation Lot 801, Square 1172 and being more
particularly described as follows:
Beginning at the southwesterly comer of Lot 82, Square 1171 as recorded in the
Office of the Surveyor of the District of Columbia in book 176, Page 145, and
thence running the following courses:
1. South 74 50' 50" east, 117.54 feet with the lot line to a point, thence
leaving said lot line
3. North 7 4 50' 50" West, 117 .55 feet to a point on the easterly line of 30
111
Street, N.W.
4. North 00 49' 50" West 15.00 feet to the point of beginning, containing
1,695.00 square feet or 0.03891 of an acre of land.
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DrawingTille: TERRACE AREA ExhibilNo. C;.-2
Wi les Mensch Corporation Date: JANUAAT 31,2e>te:'!'>
U860 Sunrise Val.le Drive Suile 200 Reslon w. 20191 703-391-7600 Fu 703-264-0595 Scale:!"
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Exhibit G-3
DESCRIPTION OF VAUl T AREA
Being a part of assessment and taxation lot 601, Square 1172 and being more
particular1y described as follows:
Beginning at the southwesterly comer of lot 62. Square 1171 as recorded in the
Office of the Surveyor of the District of Columbia in book 176, Page 145, thence
running the following courses:
1. South 7 4 50' 50" East, 39. 76 feet with the lot line to a point, thence
leaving said lot line
3. North 0049' 50" West, 10.95 feet to the point of beginning, containing
209.56 square feet or 0.00481 of an acre of land.

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Drawing nue: VAULT AREA Exhibit No. G-4
Wiles Mensch Corporation Date: JANUARY
11660 Sunrise Valle Drive. Suite 200. Reston VA 20191 703-391-7600 Fax 703-264-0595 Scale:!'' = 1'!W'
Exhibit G-5
PROJECTION EASEMENT OVER LOT 801
.... . .... Being a part of assessment and taxation Lot 801, Square 1171 and being
more particularly described as follows:
Beginning at the southwesterly comer of Lot 82, Square 1171 as recorded in the
Office of the Surveyor of the District of Columbia in book 176, Page 145, thence
running the following courses:
1. South 7450' 50" East, 86.00 feet with the southerly line of said Lot 82,
Square 1171, to a point
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DrawingTitfe: PROJECTION EASEMENT OVER LOT WI E>diibit No. G-6
Wil es Mensch Corporation Date: FE6R'JARY H.2IZllZIS
U0BD Suarise Valle Drive Suite 200 Reston VA 20191 703-391- 7600 Fu 703-264--0595 Scale: I" = 100'
Exhibit 1-7
PROJECTION OVER FORMER VIRGINIA AVENUE
NORTH BUILDING (OFFICES)
ABANDONED BY BOOK 176, PAGE 145
.... ...... Being a part of the abandoned Virginia Avenue, N.W. as recorded in the
Office of the Surveyor of the District of Columbia in Book 176, Page 145, and
being more particularly described as follows.
Commencing at a point, said point being the intersection of abandoned Northern
line of Virginia Avenue, N.W. and Easterly line of 30th Street N.W. thence South
7 4 a 50' 50" East, 1.03 feet to the point of beginning, thence running the following
courses:
2. South 0058' 47" East. 21.65 feet to a point
4. North 00 58' 4 7" West, 21.95 feet to the point of beginning containing
2,819.62 square feet or0.06473 of an acre of land.
SOUTH BUILDING (BALCONY SOUTHEAST)
..... ..... Being a part of the abandoned Virginia Avenue, N.W. as recorded in the
Commencing at a point said point being the intersection of abandoned Southern
line of Virginia Avenue, N.W., and Easterly line of 30th Street N.W. thence, South
74 50' 50" East, 57.36 feet to the point of beginning, thence running the
following courses:
4 North 74 fiO' 50" Wf!st, 56.77 foet tn the point of bP.ginning containing
SOUTH BUILDING (STAIR)
.......... Being a part of the abandoned Virginia Avenue, N.W. as recorded in the
line of Virginia Avenue, N.W., and Easterly line of 30th Street N.W. thence South
74 50' 50" East, 41.35 feet to the point of beginning, thence running the
following courses:
4. North 74 50' 50" West, 10.58 feet to the point of beginning containing
SOUTH BUILDING (BALCONY SOUTHWEST}
.......... Being a part of the abandoned Virginia Avenue, N.W. as recorded in the
line of Virginia Avenue, N.W., and Easterly line of 30th Street N.W., thence South
7450' 50" East, 0.01 feet to the point of beginning, thence running the following
courses:
4. North 74 50' 50" West, 36.74 feet to the point of beginning containing
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DrawingTiUe: PROjECTION OVER FORMER VIRGINIA AVE.
Exhibit No. 1-8 SI-IT. 112
Wiles Mensch Corporation Cate: .JANUARY 31. 2J<ZI!;
11860 Swui:ie Valle Drive Suite 200 Reston VA 20191 703-391-7600 Fax 705-264-0595 Scale: I'' = 100
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DrawingTiue: PROJECTION OVER FORMER VIRGINIA AVE. ExhibiLNo. 51-!T. 212
Wiles Mensch Corporation Date: JANUARY 31, 2cZ>es
11860 Sunrise Valle Drive Suite 20() Reston VA 2&191 703-391-7600 Fax 703-264-0595 Scale: I" = 100'
lf I
Exhibit M-1
PROJECTION/BALCONY OVER PROPERTY LINE EASEMENT
THE NORTHERN BOUNDARY OF LOT 82, SQUARE 1171
......... Being a strip or parcel of land hereinafter described in, through, over and
across the northern boundary of Lot 82, Square 1171, as recorded in the Office
of the Surveyor of the District of Columbia, and being more particularly described
as follows:
Commencing from the Northwesterly corner of Lot 82, Square 1171 as recorded
in the Office of the Surveyor of the District of Columbia, and along the line
dividing Lot 82 and the parcel immediately to the north. South 7828'50" East
0.63 feet to the point of beginning, thence running the following c o u r s ~
3. South 0058' 43" East, 23.22 feet to a point on the lot line, thence with lot
line
5. North 78 28' 50" West, 75.22 feet to the point of beginning, containing
3,532.00 square feet or 0.08107 of an acre of land.
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DrawingTme: PROJECTION/BALCONY OVER F'ROPERTI LINE EASEMENT El<hibitNo. M-2
Wiles Mensch Corporation Date: jANUARY
11660 Sunrise Valle Drive Suite 200 Resl.oo VA 20191 703-391-7600 Fax 703-264-0595 Scale: I" = 100'
EXHIBIT N
LANDSCAPE AREA
......... Being a strip of parcel of land hereinafter described in, through, over and
across Lot 801, Square 1172, and being more particularly described as follows:
Commencing from the northwesterly comer of lot 82, Square 1171 and Lot 801,
Square 1172, thence running the following courses:
1. South 7 4 50' 50" East, 117 .54 feet to a point
6. South 1954' 24" West, Length=106.78 feet, Raduis=150.00'
25,848.62 square feet or 0.59339 of an acre of land
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Drawing nue: LANDSCAPE AREA
No. lf
Wiles Mensch Corporation Date: MARCH
11860 Sunrise Valle Drive, Suite 200, Reston VA 20191 703-391-7600 Fax 703-264-0595 Scale: I" =
2 of 5
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Atte; Recording, Please retum to:
Professionals Title & Escrow Co.
15245 Shady Grove Road. #330
Rockville, MD 00
Title Insurer: __ t.Jt,...."'--_,...-
Parccl I.D. #:312-nrf'i\oe- if"5'{2..
Doctt 2'1101!1088453
QUITCLAIM DEED
DA274
A009
THIS DEED OF CONVEYANCE, made this of 49' i 1 , 2000, by and
between the UNITED ST A TES OF AMERICA, by and through ARY OF THE
INTERIOR, hereinafter referred to as the "GRANTOR", acting by and through the
Regional Director, National Capital Region, National Park Service, U.S. Department of
the Interior, pursuant to Section 5(b) of Public Law 90-401 approved July 15, 1968,
as amended, codified at 16 U.S.C. 4601-22(b}, and the WASHINGTON
METROPOLITAN AREA TRANSIT AUTHORITY, a body corporate and politic (an agency
and instrumentality of the District of Columbia, the State of Maryland and the
Commonwealth of Virginia, created February 20, 1967, pursuant to Section 1,
Paragraph 4, of Public Law 89-774, approved November 6, 1966). to further the
objectives of Title Ill of the WASHINGTON METROPOLITAN AREA TRANSIT
REGULATION COMPACT, Public Law 89-774 (80 Stat. 1324), hereinafter referred to
as the "GRANTEE".
WITNESSETH THAT THE GRANTOR, in consideration of the sum of ONE
HUNDRED DOLLARS ($100.00), and other good and valuable consideration, the
receipt and sufficiency of which is hereby acknowledged, does hereby grant and
convey by quit-claim deed, without any warranty of title, a fee simple interest unto the
GRANTEE, its successors and assigns, in the following described land and premises
located in U.S. Reservation 542:
/
Being part of lots taxed as 800 and SQ,] Square 11.72 and a part of lot taxed as 807,
Square District of Columbia and being more particularly described as follows:
Beginning for the same at a point on the northerly line of Albermarle Street, NW, West
9.55 feet from a copper plug located on said line thence running with said northerly
line {1) West 40.45 feet to a point thence (2) North 621 .40 feet to a point thence (3)
East 15.45 feet thence with a curve to the right having a radius of 25.00 feet, a chord
bearing and distance of South 4500'00" East, 35.36 feet and (4) An arc distance of
39.27 feet to the point of tangency thence (5) South 596.40 feet to the point of
beginning, containing 25,002 square feet of land.
All as shown on a plat of computation in the Office of the Surveyor for the District of
Columbia in Survey Book 196, Page 60.
IN TESTIMONY WHEREOF, the United States of America by and through the
Secretary of the Interior, the Grantor, has executed or caused this Quitclaim Deed to
be executed on its behalf as of the date first herein above written as its free act and
deed for the uses and purposes herein contained, and intending to be legally bound,
has of this day and year first above written, caused these presents to be executed by
Terry R. Carlstrom, Regional Director, National Capital Region, National Park Service,
U.S. Department of the Interior, as its true and lawful attorney-in-fact to acknowledge
and deliver this Quitclaim Deed as its free act and deed for the uses and purposes
herein contained.

Terry R. Car stro
Regiona Director
United States of America ) ss:
)
0 L.\ L.:i S Vo Ll ..i9 , a Nota!}:Public in and lorthe , ::,\-(. de ' Cl ....
com_mission uch expires on theR._ day of , 2ooL-j- , d
tha ( . a ( l !x"'- I a party to a De d bearing date on the 0
1
n- day
of f , ' 00, and hereto annexed, personally appeared before me in said District, the
Regional Director, National Capital Region, being personally well known to me as (or
proved by the oath of credible witness to bel the person who executed the said Deed,
and acknowledged the same to be his act and deed.
=::i
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t\'!Y Commissiott Bxpim M'!j .11, latfN.
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f' i 1ed ii Recorded
89/26/2888 11:54:38 Al'!
HENRY " TERRELL
RECORDER OF EEDS
llASHIHGTDH D.C. RECORDER OF DEEDS
SURCHARGE $ 5.88
RECORDIHG $ 15.88
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Made 1hiJ ,),'? fh day of ;1- l!!} CJ$!- in ihe year Nineleen hundred and
Seventy-three by and belween JOHN WILSOtf BAXTER and wife, NORMA LEE BAXTER,
parties of the first part; and DISTRICT Of COLUMBIA, a Municipal Corporation,
party of 1he second part.
$244 ,160. 00 .
lilifitnt.li.Bdq. rhol for and in con.siderolion of tM sum af said pan ies
of the /irsl parl do gr!Jlll UllUl the said porl y of the second parl, in fee simpk,
the following described land and premues, wilh tha improvemenzs, easemen:s and appurletllJlltt> thereunJo
belonginf{ situale lying and beiry: in the District of Columbia, namely:
Plirt'' of Square numbered Eleven Hundred and Seventy-nine (1179) being paX't of a
tract formerly known as "Frogland" in
11
Peter, Beatty, Threlkeld and, Deakins' Addition
to Georgetown'', descX'ibed as follows: Beginning for the same in the South line of
Water Street, at a point where it is intersected by the extension Southerly of the
dividing line be:tween Lots 3 and 4 in said "Peter, Beatty t Threlkeld and Deakin:::i 1
Addition to Georgetown
11
, said point being distant 125.92 feet Hesterily from the Wes'l;:
line of 35th Street, as shown by Survey made by the SuX'veyor for the DistX'ict of
' C"lumbia and recorded in Survey Book 177 at page 354 in said SuX'veyor's Office, and
running theoce South la 26 I 30
11
East. 76 feet; thence South 16 18 I 30
11
West' 38. 56
i feet; thence North 72 20' 30" West 2.33 feet; thence l/orth 2 33" 30" East 20.65
feet; thence North 77 51' West 63. 76 feet; thence South 20 39' West 3. 66 feet;
I thence North 1 26' 30" West, 105.58 feet to the Southerly line of Water Street ;."tht!.no
t along said line of Water South 73 4-8' East 1-00 feet i:o beginning; said land
being taxed as Lot 005 in Square 1179.
Together with all interest in and to any and all land lying South of the
herein described uarcel between the second and sixth courses thereof to the bank
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Lexis Nexis
FOCUS - 2 of 5 DOCUMENTS
SARETE, INC., et al., APPELLANTS, v. 1344 U STREET LIMITED PARTNER-
SHIP, APPELLEE.
No. 03-CV-1045
DISTRICT OF COLUMBIA COURT OF APPEALS
871A.2d480; 2005 D.C. App. LEXIS 148
February 17, 2005, Argued
April 7, 2005, Decided
PRIOR HISTORY: [**1) Appeal from the Superior
Court of the District of Columbia. (CA6345-00). (Hon.
Joan Zeldon, Motions Judge). (Hon. Anna Blackbume-
Rigsby, Trial Judge).
COUNSEL: Nigel L. Scott for appellants.
Deborah J. Israel, with whom Louis J. Rouleau was on
the brief, for appellee.
JUDGES: Before SCHWELB and REID, Associate
Judges, and FERREN, Senior Judge.
OPINION BY: REID
OPINION
[*483) REID, Associate Judge: In this commercial
matter, the trial court dismissed, under
Super. Ct. Civ. R. 12 (b)(6), the claims of appellants Ne-
beyu Samuel and Abeba Touelde for breach of contract,
wrongful eviction, illegal seizure of business property
and inventory, as well as their demands for damages. The
case proceeded to a bench trial on appellant Sarete, Inc.'s
claims. The trial court granted judgment against appel-
lant Sarete, Inc. on all of its claims, as well as its demand
for damages. Appellants filed a timely appeal contending
that the trial court improperly dismissed the individual
[**2] plaintiffs' claims, and erred in granting judgment
in favor of appellee 1344 U Street Limited Partnership.
We dispose of the parties' arguments on appeal as fol-
lows:
(1) In this notice pleading jurisdiction, we hold that
the claims of the individual plaintiffs should not have
been dismissed under Super. Ct. Civ. R. 12 (b)(6) be-
cause their complaint fairly put the appellee on notice of
the claims against it, and the individual appellants al-
leged facts which, if construed in the light most favora-
ble to them and if taken as true, demonstrate that they
had at least something analogous to a landlord-tenant
relationship with the appellee and that they had assumed
the obligations of the original tenant under the Lease
Agreement. And, since the record on appeal and our res-
olution of the legal issues in this case reveal that all of
the appellanls are enlitled lo judgment as a matter of law
as to their claims for wrongful eviction and breach of
contract, we reverse the judgment of the trial court with
respect to the claims of the corporate appellant for
wrongful eviction and breach of contract, as well as its
order dismissing the claims of Mr. Samuel and Ms.
Touelde, and remand those matters [**3] to the trial
court with instructions to enter judgment in favor of all
the appellants on Count I (breach of contract) and Count
II (wrongful eviction).
(2) We hold that the appellee waived its con-
tract prohibition on the assignmeaj of the
to a third party, the corporate appellant, when it contin-
ued to !lCCeQtnm1 payments from Mr. Samuel despite its
know ledge of and signature on the of
agreement between its original and the corporate
appellant.
(3) We hold that, on the record before us, the evi-
dence would not sustain a finding that the appellants
made a fraudulent or material misrepresentation in the
Assignme1!1 of agreement, because fraud must be
..
Page2
871 A.2d 480, *; 2005 D.C. App. LEXIS 148, **
alleged with particularity and proved by clear and con-
vincing evidence. Appellee failed to allege fraud with
particularity and presented no proof, let alone clear and
convincing proof, of a fraudulent or material misrepre-
sentation by appellants.
(4) We conclude that appellants were not trespassers
as a matter of law, and that the corporate appellant ac-
quired privity of estate with the landlord when (a) the
appellee waived the contractual prohibition against
filgn_merr! by the ten.!!rr! and [**4] (b) the appellants
assumed the original tenant's obligations under the
lease. Furthermore, because the appellants assumed the
original obligations under the lease, and the
original relinquished or waived any right to the
leasehold and returned his keys to the landlord, the cor-
porate appellant also was in privity of contract with the
appellee. Consequently, there was at least "some sort of
tenancy" or relationship between the
corporate appellant and the appellee [*484) landlord.
Under these circumstances, we hold as a matter of law
that the appellee landlord could not lawfully resort to
self-help to evict the appellants, and since the landlord
failed to use legal process in its efforts to evict the appel-
lants, they were entitled to judgment on their wrongful
eviction claim.
(5) We agree with the trial court that the appellants
waived their constitutional Seventh Amendment right to
trial by jury in light of a comprehensive, unambiguous
waiver of that right which is set forth in the Contract of
agreement.
(6) Finally, because the individual appellants should
have been permitted to present evidence as to Counts III
(illegal seizure of business property [**5] and invento-
ry) ' and Count IV (damages) of their complaint, we re-
mand these matters to the trial court for a new trial.
2
Since the trial court did not reach Count III
with respect to the corporate appellant, the corpo-
rate appellant also may present evidence on re-
mand as to Count III.
2 The trial court did not specifically address
Sarete, Inc.'s claim of illegal seizure of business
property and inventory in its Memorandum Opin-
ion and Judgment. Thus, whether or not Sarete,
Inc. was entitled to damages on that claim re-
mains unresolved. Moreover, since Mr. Samuel
and Ms. Touelde had been dismissed as plaintiffs
under Rule 12 (b)(6), despite the court's reference
to "Plaintiffs" in the plural, it apparently conclud-
ed only that Sarete, Inc. "failed to present evi-
dence to substantiate the damages" demanded on
its claims. Mr. Samuel and Ms. Touelde argue
that had they not been dismissed as plaintiffs,
they could have established damages for all plain-
tiffs. Mr. Samuel and Ms. Touelde are entitled to
submit evidence as to damages relating to all of
their claims.
[**6) FACTUAL SUMMARY
This is not a straightforward case. The record re-
flects confusing and somewhat unorthodox commercial
dealings between the parties and others regarding the
ownership, occupancy, and operation of a restaurant on
the second floor of property located at 1344 U Street, in
the Northwest quadrant of the District of Columbia. The
record also shows that the trial judge carefully tried to
unravel a confusing scenario of transactions, marked by
the absence of receipts and other documentation. We
begin by summarizing the factual context of the case,
including the factual findings of the trial court and its
conclusions.
On August 29, 2000, Nebeyu Samuel, Abeba Touel-
de, and Sarete, Inc. ("Sarete") filed a complaint against
1344 U Street Limited Partnership ("U Street") pertain-
ing to a dispute about their operation of a club, Cafe
Tango, on the second floor of the U Street property.
They alleged that Mr. Samuel and Ms. Touelde
3
were
the sole stockholders of Sarete, and that the owner and
landlord of the U Street property had unlawfully "locked
[them] out of the premises." In Count I of the complaint,
the appellants asserted breach of contract and based their
claim (**7) to occupancy of the premises on "the
of a agreement signed by another party";
and "the written approval of the landlord, through the
agent of the landlord, Alyson Myers," with respect to
their application for an occupancy permit, a license to
serve alcoholic beverages, and other necessary licenses.
They further alleged that U Street "breached the contract
by changing the locks to the premises without filing civil
suit in the Landlord and Tunaru Branch of the Superior
Court of the District of Columbia or any other branch of
the Court."
3 Ms. Touelde's name also appears in the record
as "Toulede."
Count II of the complaint claimed wrongful eviction
of Sarete and the individual plaintiffs despite payment of
rent [*485) and the proper licenses to run the club,
which had been granted to them by the District govern-
ment. They stated that they had closed the cafe for a pe-
riod of time to make $ 25,000 worth of repairs, and
acknowledged that they had been late in tendering rent
payments. Nevertheless, they made [**8] payments of$
2,100, $ 4,200, and$ 10,500 in back rent in June and
July, but could not "reach" Ms. Myers to give her the
remaining balance of$ 2, 100 on July I 0, 2000, because
"she was out of town." Despite the back payments and
the keys Ms. Myers gave them to enter the cafe, "they no
Page 3
871 A.2d 480, *; 2005 D.C. App. LEXIS 148, **
longer had access to the premises because the locks had .
.. been changed .... " They maintained that U Street "il-
legally utilized self-help means to evict [them] from the
premises without due process of law," and in doing so,
"breached [their] rights as a !!l!HIJ.lj in the premises."
In Count III of the complaint, appellants alleged "il-
legal seizure of business property and inventory." This
business property and inventory were located inside the
cafe and had a value of$ 20,000. Finally, in Count IV of
the complaint, appellants sought $ 500,000 in damages
"for actual losses in income and personal property, res-
taurant furnishing, furniture, equipment and other goods
resulting from the wrongful eviction." They also de-
manded punitive damages in the amount of$ 500,000 on
account of U Street's "egregious behavior in locking
[them] out [and] evicting [them] from the premises on
two occasions after [**9) accepting rental payments
from [them] and giving them promises that their right to
use the property as a place of business would be protect-
ed." Furthermore, they requested a jury trial and asked
for injunctive relief. After a hearing on plaintiffs' request
for a temporary restraining order, the Honorable Ronald
Wertheim denied the request, essentially on the ground
that because of a lack of receipts or documentation, the
court could not determine "in what capacity" Mr. Samuel
made rent payments to Ms. Myers.
U Street moved to dismiss the claims of Mr. Samuel
and Ms. Touelde on September 25, 2000 (motion was
refiled on October 13, 2000), on the ground that they
"lacked standing to assert the claims of [Sarete]" and
"failed to set forth cognizable claims." Specifically, they
stated that "only Sarete [] claims to have rights under a
lease agreement with [U Street]" and neither Mr. Samuel
Touelde "is in privity of contract or privity of
estate with [U Street]." On September 26, 2000, U Street
filed an answer, and a counterclaim against plaintiffs
alleging destruction of property, closure of business,
breach of contract - failure to pay rent, and trespass. And,
on September 29, 2000, U 1**10) Street filed a motion
to dismiss Sarete's demand for a jury trial, essentially
because in the underlying the right to a jury trial
was waived expressly.
Although appellants opposed U Street's motions to
dismiss their claims and to strike their demands for a jury
trial the Honorable Joan Zeldon docketed an order on
22, 2001, dismissing the claims of Mr. Samuel
and Ms. Touelde, under Super. Ct. Civ. R. 12 (b)(6), on
the ground that:
Based upon the information that Plain-
tiffs have plead in the Complaint, only the
corporate Plaintiff, Sarete, Inc., maintains
a leasehold interest in the property. See
Complaint at 3, P I. There is no assertion
in the Complaint that Plaintiff Samuel or
Plaintiff Touelde have privity of contract
and privity of estate with Defendant, nor
has any evidence been offered by Plain-
tiffs on these issues. See Young v. District
of Columbia, 752 A.2d 138, 143 (D.C.
2000). Since Plaintiffs Samuel and Touel-
de can prove [*486] no set of facts in
support of their individual claims which
would entitle them to relief, all of their
individual claims must be dismissed with
prejudice.
Judge Zeidan also granted U Street's motion to strike
1**11) the jury trial demand based on the leas(!, because
of "Plaintiffs' failure to proffer any evidence suggesting
that they are not bound by such a waiver provision." Ul-
timately, after an appeal had been lodged in this court
concerning the dismissal of the individual plaintiffs,
Judge Zeidan denied appellants' motion to alter, amend
or modify judgment in an order docketed on September
24, 2001,"because of the pending appeal February
2001] order, [but] noted [the Court's] w1llmgness to
change its dismissal with prejudice to a dismissal without
prejudice if the Plaintiffs file a Motion to Remand the
case from the Court of Appeals."
Eventually, the case was transferred to the Honora-
ble Anna Blackbume-Rigsby. Thereafter, the parties en-
gaged in discovery and motions practice. On June
2003 Judge Blackbume-Rigsby denied U Street's motmn
for judgment, because of material facts in ques-
tion. As the court declared:
The central issue in this case is whether
there was a valid of the
between Bahare [Gebremedhin] and [U
Street] to the plaintiff, Sarete. As a pre-
condition to the of the
Sarete needed to purchase the assets of the
[**12) premises to secure a lien. Plaintiff
asserts that it entered into a sales agree-
ment with Bahare to purchase the assets
of the premises. Defendant contends that
Sarete as a corporation did not purchase
the assets, but instead [Ms. Touelde] pur-
chased the assets as an individual thereby
not satisfying the condition precedent.
Defendant asserts that since no
ment ever took place, Bahare was the val-
id leaseholder of the premises. Thus, de-
fendant contends, when Bahare wrote to
defendant in March 2000, he voluntarily
surrendered the premises and terminated
the Plaintiffs (sic) assert that Ba-
Page4
871A.2d480, *; 2005 D.C. App. LEXIS 148, **
hare was not the valid leaseholder and had
no rights to tenninate the Since
there is a question of whether [Ms. Touel-
de] was acting as an officer of Sarete
when she purchased the assets, this pre-
sents an issue of material fact.
The court noted that other facts also were in dispute.
Consequently, the case proceeded to a bench trial. The
trial extended from June 30, 2003 to July 9, 2003.
On August 25, 2003, Judge Blackburne-Rigsby is-
sued a memorandum opinion and judgment. She made
factual findings based on the trial testimony and exhibits
introduced into evidence by the parties. [**13] On July
10, 1997, U Street "leased the second floor of the prem-
ises to Mr. Bahare Gebremedhin [and another person
who subsequently dropped off the for the opera-
tion of a restaurant-bar." The written covered a
five-year period. Sarete was incorporated on November
3, 1997, with Ms. Touelde as President and Secretary,
Mr. Samuel as Vice President and Treasurer, and Mr.
Gebremedhin as Director. The record does not show the
initial stock ownership of Sarete, but the trial court found
that ultimately Ms. Touelde and Mr. Samuel became the
sole stockholders of Sarete.
On June 26, 1998, "Mr. Gebremedhin 'of a District
of Columbia Corporation (Owner)" and "[Ms.] Touelde
of Super 1*487] Cafe Inc., a District of Columbia Cor-
poration (Manager)" entered into a two-year Manage-
ment Agreement. However, the Management Agreement
was signed by Mr. Samuel as Manager, rather than Ms.
Touelde. The Management Agreement mentioned a res-
taurant known as ASMARA, which operated at the U
Street property and in which Mr. Gebremedhin had an
interest. The Management Agreement also identified the
"Super Cafe," which was located at the U Street proper-
ty, and specified that Ms. Touelde as Manager would
1**14) manage the Super Cafe. In addition, the Man-
agement Agreement provided that Mr. Gebremedhin "has
entered into an agreement for the sale of the business
assets [of Super Cafe] to [Ms. Touelde's] Manager's
company. The Management Agreement recited that
"pending the closing and settlement Agreement and the
issuance of the ABC License, [Mr. Gebremedhin and
Ms. Touelde] desire to enter into an agreement granting
[Ms. Touelde] the right and authority to operate the res-
taurant business fully and for all intents and purpose as if
[she] were the Owner of the business." The sales price of
the business was fixed at $ 30,000. With respect to rent
owed to the landlord, paragraph 5.1 of the Management
Agreement specified that: "Manager [Ms. Touelde] shall
pay to the landlord as a monthly rent for the premises the
sum of$ 2,100.00 payable on the first day of each month
in accordance with the tenns of the lease agreement for
the premises, a copy of the Lease Agreement is attached
hereto as Exhibit No. [unidentified]." Mr. Samuel and
Ms. Touelde took over management of the cafe in July
1998.
4 The spelling of Mr. Gebremedhin's name on
the Management Agreement, and at other places
in the record, is "Gebremehedhin."
1**15] In mid-1998, Ms. Touelde "entered into a
contract with Mr. Gebremedhin to purchase assets of
Sarete, Inc. d/b/a Cafe Tango ... [for] ... $ 30,000."
Both Ms. Touelde and Mr. Samuel signed the agreement
as "Purchaser." Papers for the asset sale of Sarete were
executed beginning on August 14, 1998, with a Bill of
Sale signed by Mr. Gebremedhin, Mr. Samuel and Ms.
Touelde. Ms. Touelde signed a Security Agreement to
secure a $ 15,000 promissory note in behalf of creditors.
A Bulk Sales Affidavit was signed by Mr. Gebremedhin
on October 14, 1998. The court found that "Ms. Toulede
and Mr. Samuel intended to purchase the assets of
Sarete, Inc. and tendered valid consideration for such
purchases of$ 30,000." The October 19, 1998 minutes of
a Sarete, Inc. "meeting signed by Mr. Gebremedhin list
[him] as President and Secretary, [and the minutes state]
that transfer of assets of Sarete will take place upon satis-
faction of lien." The lien apparently was a reference to a
promissory note in the amount of$ 15,000. A "Settle-
ment Sheet [was] signed by Mr. Gebremedhin, Ms.
Toulede and Mr. Samuel, in February 1999, indicating
[that] all payments for the [asset] sale [had been] made
[**16) to Mr. Gebremedhin."
When Mr. Samuel and Ms. Touelde sought a liquor
license from the District government on October 27,
1998, "they could not complete the application because
[they] did not have a The trial court found that the
asset sale was consummated on October 29, 1998, when
"the assets of Sarete, Inc .... were transferred from Mr.
Gebremedhin to Mr. Samuel and Ms. Toulede as sole
shareholders of Sarete, Inc." However, the trial court also
found that the settlement sheet for the sale of assets "in-
dicated all payments for the sale [were] made to Mr. Ge-
bremedhin" in February 1999.
The trial court determined that Mr. Samuel and Ms.
Touelde initially took over the business without the
knowledge of Ms. Myers or anyone else from U Street.
Sometime in November 1998, however, "Mr. Samuel
and Mr. Gebremedhin met with Ms. Myers for the first
time to discuss 1*488] a possible of the
lease." Ms. Myers signed the of on
November 24, 1998, apparently without any discussion
of the asset sale. The trial court further found that:
Page 5
871A.2d480, *; 2005 D.C. App. LEXIS 148, **
An of Lease was executed
between Mr. Gebremedhin, assignor, Mr.
Samuel, assignee, and Ms. Alyson Myers,
landlord. (**17] was condi-
tioned upon Assignee's, (Mr. Samuel)
purchase from Assignor (Mr. Ge-
bremedhin) of the assets of Cafe Tango.
Mr. Samuel testified that he needed a
lease before he completed the sale with
Mr. Gebrernedhin. When he met with Ms.
Myers to sign the Assigrr_in.e_I!! of Lease
she did not ask for any documentation re-
garding the transfer of assets. Defendant
alleges she signed the Assignment of
as a favor to Mr. Samuel in order
for him to receive a liquor license, and it
was their understanding that this was a
. trial period and he was still acting as the
manager. No one told her that the assets
had been purchased at this meeting. The
Court found Ms. Myers' testimony on this
issue to be credible. Mr. Samuel received
a Certificate of Good Standing from the
D.C. Office of Tax and Revenue indicat-
ing that he had filed and/or paid ... D.C.
tax( es) for Sarete, Inc.
The ABC license application was accepted by the Dis-
trict government on November 25, 1998.
Beginning in December 1998, Ms. Myers experi-
enced problems with Mr. Samuel's timely payment of the
rent. Checks given to Ms. Myers in December 1998 and
January 1999 were returned for "insufficient funds." Ms.
Myers then demanded [**18] payment in cash. On
March 18, 2000, Ms. Myers advised Mr. Gebremedhin
that he was "the recognized that the locks would
be changed on March 23, 2000; and that the rent [was] in
arrears in the amount of$ 16,100." She demanded that
sum in thirty days. In a letter received by Ms. Myers on
March 23, 2000, Mr. Gebremedhin "acknowledged [that
he was] the of the premises, recognized that the
was in default, and returned the keys to [the U
Street property]." When Ms. Myers received the keys
and noticed that the property was not occupied, she
"changed the locks to the second floor of the premises
prior to April 18, 2000. Mr. Samuel requested more time
to pay the back rent, and later "paid the arrearages." Ms.
Myers then gave him a key to gain access, but testified
that she did so "in order [to] retrieve property but not to
operate the restaurant."
On May 31, 2000, Ms. Myers again "informed Mr.
Samuel [that] he was delinquent on back rent payments."
In late May and June 2000, Mr. Samuel and Ms. Touelde
made payments to Ms. Myers of$ 10,500 and$ 2,100.
Once she received these payments, Ms. Myers demanded
the key to the premises in July 2000, and changed the
[**19] locks again when Mr. Samuel did not return the
key. In July 2000, Mr. Samuel made payments to Ms.
Myers of$ 4,200 and $ 2, 100. The $ 2, 100 payment was
made on July 11, 2000. The trial court found that Ms.
Myers gave Mr. Samuel a new key on that date, but he
still could not gain access to the U Street property be-
cause "neither this new key nor his old key fit the lock."
Mr. Samuel attempted to make a final arrearage payment
to Ms. Myers in July "but she was not at home and he
could not locate her."
After making factual findings, Judge Blackburne-
Rigsby concluded that Mr. Samuel and Ms. Touelde
"failed to establish that a valid landlord[-]te11.l!!!! rela-
tionship existed between them and [U Street] and there-
fore plaintiffs are precluded from asserting a claim of
wrongful eviction."
5
[*489] The trial court declared
that "plaintiffs were in violation of section 12 of the Con-
tract of Agreement prior to the execution of the
and that "this material misrepresentation
or non-disclosure renders the !!.!!!!g,im3m! void ab initio"
because section 12 of the Contract of Lease between Mr.
Gebremedhin and U Street specified that the of
the landlord was required before any transfer [**20] or
assigp_inent of interest could be deemed valid. There was
a "fraudulent[] misrepresentation," the trial court con-
cluded, because "the transfer of the business had already
taken place prior to the execution of the As.jgmmm! of
agreement. . . . " The trial court stated that "Ms.
Myers relied on the condition precedent set forth in the
of because requiring the plaintiffs to
purchase the assets of Cafe Tango as a condition prece-
dent provided a trial period to conduct business with the
Plaintiffs before the took full effect."
5 Although Mr. Samuel and Ms. Touelde had
been dismissed as plaintiffs, the trial court at
times used the plural to refer to "plaintiffs" in-
stead of the singular "plaintiff' to refer to Sarete,
the remaining plaintiff after the Rule 12 (b)(6)
motion was decided against Mr. Samuel and Ms.
Touelde.
Furthermore, the trial court asserted that the plain-
tiffs were not lawful subtenants and had no implied ten-
ancy, essentially because Ms. Myers told Mr. Ge-
bremedhin [**21] and Mr. Samuel in a letter of March
18, 2000, that Mr. Gebrernedhin was "recognized as the
of the U Street property, and that on March 22,
2000, Mr. Gebremedhin recognized that he had defaulted
on the and hence, "waived [his] rights as lease-
holder and returned the keys" to Ms. Myers. Finally, the
trial court denied plaintiffs damages because of their
Page 6
871 A.2d 480, *; 2005 D.C. App. LEXIS 148, **
failure "to present evidence to substantiate the damages
they are seeking," and because "the Plaintiffs were not
lawful since no valid assignment existed."
ANALYSIS
Appellants make several arguments on appeal. We
tum first to their contention that they had a valid land-
lord-tenant relationship with the U Street property which
precluded the landlord's resort to self-help to evict them
by changing the locks to the Cafe Tango. Appellee main-
tains that appellants were neither lawful tenants nor law-
ful subtenants and that there was no implied tenancy. In
addition, citing Young v. District of Columbia, 752 A.2d
138, 143 (D.C. 2000), a residential case, appellee argues
that: "To establish a cognizable landlord-tenant relation-
ship, District of Columbia law requires privity of con-
tract and privity (**22) of estate between plaintiff and
defendant."
We begin with the legal doctrine of self-help. The
trial court did not address this doctrine, even though it
was set forth in appellants' complaint and relied on by
the plaintiffs during proceedings in the trial court. The
trial court apparently did not consider this doctrine be-
cause of its conclusion that no valid landlord-tenant re-
lationship existed between appellants and appellee. In
Simpson v. Lee, 499 A.2d 889 (D.C. 1985), we held that
our decision in Mendes v. Johnson, 389 A.2d 781 (D.C.
1978) (en bane), concerning the use of self-help to evict
a residential is applicable to commercial tenan-
cies:
In Mendes v. Johnson, 389 A.2d at 787,
this court, sitting en bane, abrogated the
landlord's common law right of self-help
and held that the legislatively created
remedies for reacquiring possession are
exclusive. The court held that Congress
had, by necessary implication, abolished
the common-law right of self-help when it
provided a statutory summary procedure.
(*490) Id. at 786. Although Mendes v.
Johnson involved a residential tenancy,
the court, by specifically (**23) overrul-
ing Snitman v. Goodman, 118 A.2d 394
(D.C. 1955), made clear that the rationale
for its decision is equally applicable to
commercial tenancies, and Mendes v.
Johnson has been so construed. See Davis
v. Gulf Oil Corp., 485 A.2d 160, 173
(D.C. 1984).
499 A.2d at 893 (citations omitted). Mendes, supra, spe-
cifically held that the "statutory remedies [for reacquiring
possession of property] are exclusive . .. and that an ac-
tion will lie in tort against a landlord who evicts a tenant
without legal process." Id. at 782. We further declared
that: "A tenant has a right not to have his or her posses-
sion interfered with except by lawful process . ... "
6
Id at
787. As the trial court undoubtedly recognized, before
we can determine whether U Street, as landlord, unlaw-
fully resorted to self-help against appellants, we must
decide whether any or all of them had the status ofa
ant. This is a legal question which we review de nova;
however, in conducting our review, we are bound by the
trial court's factual findings unless they are "plainly
wrong," or clearly erroneous. [**24) D.C. Code f3 17-
305 (2001).
6 The trial court did cite the Mendes case but
only in its discussion of punitive or exemplary
damages, setting forth the proposition that "puni-
tive or exemplary damages are permissible in a
wrongful eviction action when a defendant, land-
lord acts with malice, with a willful or wanton
manner or in utter disregard of the rights of oth-
ers." The court did not mention the self-help
component of the Mendes case.
Appellant's Status: Tile Trespass Doctrine
The record is not clear as to the exact status of the
appellants in relation to the U Street property. The trial
court concluded that they were not subtenants,
or implied but we see no precise factual finding
or legal conclusion that they were trespassers, even
though paragraph 12 of Count IV of U Street's counter-
claim specifically alleged: "Counter-Defendants tres-
passed on the Premises by entering without owner's per-
mission and without right and by gaining access through
[**25) another space." Ms. Touelde and Mr.
Samuel paid$ 30,000 to acquire the assets ofSarete, and
made in excess of$ 16,000 in rent payments directly to
Ms. Myers for the operation of Cafe Tango. These pay-
ments were accepted by the landlord. Indeed, Ms. Myers
accepted a rent payment from Mr. Samuel on July 11,
2000, after Mr. Gebremedhin had relinquished any con-
trol over the leasehold and had returned the keys to the
premises to her. Not only did she the pay-
ment, but she also gave Mr. Samuel a key to the premises
where Cafe Tango was located, although the key did not
work. And, there is no indication on this record that Ms.
Myers regarded the July 11, 2000 rent payment as having
been made in behalf of, Mr. Gebremedhin, as she argued
with respect to other payments made by Mr. Samuel.
Moreover, appellants' actions at the 1344 U Street prop-
erty do not fall within the ambit of a trespass. "[A] tres-
pass is an unauthorized entry onto property that results in
interference with the property owner's possessory interest
therein." RICHARD R. POWELL, POWELL ON REAL
Page 7
871 A.2d 480, *; 2005 D.C. App. LEXIS 148, **
PROPERTY, fl 64A.02[1} at 64A-16, at 64A-16 (Michael
A. Wolf ed. 2000). Given Ms. [**26] Myers' dealings
with appellants beginning at least in November 1998, it
cannot be said that theirs was "an unauthorized entry
onto" the U Street property, at least from November
1998 forward. Significantly, U Street made no effort
from November 24, 1998 through September 2000 to
evict appellants legally for trespass. Consequently, to
determine [*491) the status of appellants requires a re-
view of applicable law governing kases and
men ts.
Appellants' Status: Tiie and tlte Con-
tractual Proltibitio11 Against M._$..ign.mem
A leasehold interest is generally freely and
completely transferable." POWELL ON REAL PROP-
ERTY jJ 17.04 [l}[b], at 17-43 (citing RESTATEMENT
(SECOND) OF PROPERTY, B 15.l and comment (b)
(other citations omitted)), However, the right to
transfer, that is, to assign or sublet his leasehold interest,
may be restricted: "An express provision [may]
restrict[] the power to transfer the leasehold
interest without the landlord's consent." Id B 17.04
[l][c], at 17-44. But, a landlord may also waive a prohi-
bition on !!_ssigrr._me11_t, Id. B 17-04 [l][c], at 17-49. Evi-
dence of a [**27] waiver may be found in the landlord's
"continued acceptance of rent coupled with knowledge of
the Id. 13 17.04 [2](a], at 17-50.
Before examining whether the agreement pre-
cluded and if it did, whether the landlord
waived the prohibition, we must ascertain which of
the transaction documents executed by appellants and
Mr. Gebremedhin purported to assign the to appel-
lants. The Management Agreement does not qualify as
an Rather, its focus is on Ms. Touelde's
management of the then existing restaurant at the U
Street property, the Super Cafe, including her responsi-
bility for paying the monthly rent. Since Mr. Ge-
bremedhin could terminate the Management Agreement,
he retained at least a reversionary interest in the rental
space at that point. Arguably, the undated Sales Agree-
ment which appears in the record, and which the court
found to have been executed in mid-1998, could be
deemed an of the upon the satisfaction
of a specified condition.
The Sales Agreement provided in the introductory
paragraph that $ 10,000 would be paid "at settlement, for
good-will, trade name, fixtures, balance of the term
(**28] , and any and all equipment connected with the ..
. business." The Sales Agreement provided that "settle-
ment shall be made on August 14, 1998." In the docu-
ment dated November 24, 1998, of
Mr. Gebremedhin explicitly "assigned and transferred to
[Sarete] all [of his] rights, title and interest as in,
to and under the and the Security Deposit posted
by [him] with [the] landlord pursuant to the Lease." The
"Assignment and Assumption of Lease [was] specifical-
ly conditioned upon (Sarete's] purchase from [Mr. Ge-
bremedhin] of the assets of Cafe Tango." And, the As:
of was signed by Ms. Myers as Land-
lord. Both the Sales Agreement and the of
raise questions as to the effective date of the asset
sale, and the trial court's findings leave doubt as to that
date since they refer to three possible effective dates:
August 14, 1998, November 24, 1998, and February
1999. Arguably, then, either the Sales Agreement be-
tween Mr. Gebremedhin, or the of Lease
between Mr. Gebremedhin and Sarete could be deemed
an effective Nevertheless, assuming that
either document could be considered effective as an as-
[**29] of the the next question is
whether the Contract of Lease between Mr. Ge-
bremedhin and 1344 U Street prohibited the !l_!S.ignrrumt,
The trial court concluded that it did, and on this point we
agree.
The general view is that "restrictions on the
right to transfer are to be strictly construed." POWELL
ON REAL PROPERTY jJ 17.04[l][c], at 17-46. In that
regard, a prohibition on 1*492] without
more, has been strictly construed to permit the "sale of
the controlling stock in the corporation." Id. Here,
since Mr. Gebremedhin signed the agreement with
U Street as an individual, rather than in behalf of a cor-
poration, the sale of controlling stock exception would
not be applicable. At any rate, B 12 (a) of the lease
agreement between Mr. Gebremedhin and U Street ex-
pressly precluded "a change of beneficial or legal stock
ownership" by the And, BB 12 (a) and 12 (e),
respectively, were drafted tightly in the landlord's favor
to avoid loopholes, making it explicit that no assigp_men!
or transfer would be valid "without the prior written
l!!!J!! of[the] landlord" and without "written notice" to the
landlord. Since Mr. Gebremedhin (**30) did not give
written notice to U Street, and did not obtain U Street's
prior written to the to Sarete, it was
not valid under B 12 of the Contract
Tire Waiver of tl1e Proltibition Against Ass_ig11me11t
Despite the apparent violation of B 12 of the
agreement, the question remains whether U Street
waived the prohibition on set forth in 13 12 of
the agreement. According to POWELL ON
PROPERTY, "continued acceptance of rent coupled with
knowledge of the !!Uigmmm.! generally is construed as a
waiver," id. at 17-50. As the general partner of U Street,
Ms. Myers continued to payments directly
from Mr. Samuel, even after she wrote Mr. Gebremedhin
on March 18 that she considered him the under
the agreement, and even after she received a letter
Page 8
871A.2d480, *; 2005 D.C. App. LEXIS 148, **
from Mr. Gebremedhin on March 23, 2000, announcing
his return of the keys to the property, and thus relinquish-
ing or waiving any control over the leasehold, due to a
default in rent payments. Subsequent to Mr. Ge-
bremedhin's action, in April 2000, Mr. Samuel made a
rent payment and Ms. Myers gave him a key to gain ac-
cess to the property. She claimed she did so to (**31)
permit him to remove his property. Yet, in late May and
June, Mr. Samuel and Ms. Touelde gave Ms. Myers rent
payments of$ I 0,500 and $ 2, I 00. Again, on July 2000,
Mr. Samuel made payments of$ 4,200 and $ 2,100 to
Ms. Myers, and on July 11, 2000, she gave him a new
key to the property, although it did not work. When she
accepted these rent payments from Mr. Samuel, Ms. My-
ers knew she had signed the of Lease on
November 24, 1998, assigning to Sarete. Alt-
hough Ms. Myers claimed she signed the of
Lease as a favor to Mr. Samuel to enable him to obtain a
liquor license, nothing but her testimony supports that
claim, and nothing in the record shows that Ms. Myers
ever repudiated the of
As indicated, the trial court did not address the
waiver issue directly. Rather, in drawing legal conclu-
sions concerning the !!_ssignment, the trial court focused
on the lack of the landlord's consent to the
despite the landlord's signature affixed to the .,\ssjg!'!::
rntmJ of The trial court also emphasized the ap-
pellants' alleged fraudulent misrepresentation regarding a
condition precedent to the effectiveness:
On November 24, 1998 an [**32] As:
of was entered into
among Ms. Alyson Myers (Landlord), Mr.
Gebremedhin (Assignor), and Sarete, Inc.
(Assignee). The ,Assigfilllem of
agreement acknowledged ... that the
requires that the Ienam thereun-
der obtain Landlord's prior written
to any of in-
terest in Additionally, section 6
of the As!!!gn of agreement
provides that[:] "This and
Assumption of is specifically con-
ditioned upon Assignee's purchase (*4931
from the Assignor of the assets of Cafe
Tango. It is notable that section 6 was in-
cluded as a condition precedent to the ,As:
!!!gn_m_ent despite the fact that the transfer
of the business had already taken place
prior to the execution of the __ l!'!J
of agreement, as evidenced by the
various documents executing the transfer
of control and sale of Sarete, Inc. D/b/a
Cafe Tango. Thus, the Plaintiff[][s] fraud-
ulently misrepresented a material condi-
tion of the Asfilgnment. The transfer had
already taken place rendering the assign-
ment void.
Tire Alleged Fraudulent or Material Misrepresentation
There are two problems with the trial court's conclu-
sions pertaining to the alleged [**33) fraudulent misrep-
resentation. First, appellee did not plead fraud, either as
an affirmative defense to appellants' complaint, or in its
counterclaim. We have said previously "that fraud is
never presumed, and must be alleged with particularity
and proved by clear and convincing evidence." Hercules
& Co. v. Shama Rest., 566 A.2d 31, 39 n.16 (D.C. 1989)
(citing Bennett v. Kiggins, 377 A.2d 57, 59 (D.C. 1977),
cert. denied, 434 U.S. 1034, 54 l. Ed. 2d 782, 98 S. Ct.
768 (1978)). Super. Ct. Civ. R. 8 (c) requires that "fraud"
be pied as an affirmative defense.
1
Moreover, to be
fraudulent, a misrepresentation "must not only be con-
sciously false but must also be intended to mislead an-
other." RESTATEMENT (SECOND) OF CONTRACTS
(RESTATEMENT) ft 162, Comment (a). "A misrepre-
sentation is material if it would be likely to induce a rea-
sonable person to manifest his assent, or if the maker
knows that it would be likely to induce the recipient to
do so." Id.ft 162 (2). We discern no factual finding that
appellants consciously lied to Ms. Myers about the effec-
tive date of the asset sale, or intended to mislead her
[**34) regarding the effective date. Nor is there any
certainty on this record that the purchase of the assets of
the Cafe Tango by appellants had been completed prior
to November 24, 1998, the date of the t\,ssignment of
"A misrepresentation is an assertion that is not in
accord with the facts." RESTATEMENT, Introductory
Note andft 159. Given this definition, we conclude that
appellants made no fraudulent misrepresentation in the
of regarding their purchase of assets
relating to the Cafe Tango. Indeed, and this is the second
problem with the trial court's conclusion, the court's fac-
tual findings are ambiguous as. to the effective date of the
asset sale, or the date on which the purchase was com-
pleted. The trial court found that the "Bill of Sale was
executed and signed by Mr. Gebremedhin, Ms. Touelde
and Mr. Samuel" on August 14, 1998; that "the assets
had been purchased" [*494) by November 24, 1998;
and that in February 1999, the "settlement sheet [was]
signed by Mr. Gebremedhin, Ms. Touelde, and Mr. Sam-
uel indicating all payments for the sale [had been] made
to Mr. Gebremedhin." Consequently, appellants, as Mr.
Samuel testified, and the court did not discredit, pin-
pointed (**351 February I 999 as the date on which clos-
ing on the asset sale was completed.
7 The failure of appellee to plead fraud as an af-
firmative defense was not necessarily fatal to its
Page9
871 A.2d 480, *; 2005 D.C. App. LEXIS 148, **
claim given its insistence that it learned at trial
that Mr. Samuel and Ms. Touelde had purchased
the assets of Sarete prior to the assignment of the
See Flippo Constr. Co. v. Mike Parks Div-
ing Corp., 531 A.2d 263, 267-68 (D.C. 1987).
Our conclusion rests on the absence of clear and
convincing evidence of a fraudulent or material
misrepresentation.
8 Section 162 (1) of the RESTATEMENT pro-
vides:
A misrepresentation is fraudu-
lent if the maker intends his [or
her] assertion to induce a party to
manifest his [or her] assent and the
maker
(a) knows or believes that the
assertion is not in accord with the
facts, or
(b) does not have the confi-
dence that he states or implies in
the truth of the assertion, or
(c) knows that he does not
have the basis that he states or im-
plies for the assertion.
(**36) Not only was no fraudulent misrepresenta-
tion affirmatively pled or set forth in the counterclaim,
but even assuming that the trial court could conform the
pleadings to the evidence produced at trial, as appellee
argues, there was no proof of a fraudulent misrepresenta-
tion as defined by the RESTATEMENT. Nor was there
proof of a material misrepresentation. The evidence
shows that Ms. Myers, as General Partner of U Street
insisted that Sarete purchase the assets of Cafe Tango to
protect herself. She had not previously heard of Sarete
and was nervous about Sarete's financial stability and
whether it had the capital to operate Cafe Tango. In addi-
tion, she had had no experience with either Mr. Samuel
or Ms. Touelde, and was not certain that they had the
expertise or the experience to run the restaurant. The
testimony of Ms. Myers reveals that section 6 of the .t\$_-
of requiring Sarete to purchase the as-
sets of Cafe Tango, was inserted at her instance to ensure
that U Street would at least have a landlord's lien on the
assets of Sarete in the event that Sarete or Mr. Samuel or
Ms. Touelde defaulted on the In that respect, it
cannot be said that appellants made a misrepresentation
[**37) designed to induce Ms. Myers to sign the .t\$:
Simply put, there was no evidence of
a material misrepresentation by appellants. Hence, appel-
!ants were entitled to judgment on Count I (breach of
contract) of their complaint.
Tiie La11dlord-Ie11ant Relationship
Since we have concluded that U Street waived 13 12
of its Contract of Lease, and there was no proof of a
fraudulent or material misrepresentation by appellants
with respect to the A11Jljgrrm_i:_nJ of we now con-
sider appellee's argument that there was no landlord-
relationship between Sarete, a company in which
Ms. Touelde and Mr. Samuel were the sole shareholders,
and U Street because there was no "required privity of
contract and privity of estate between plaintiff and de-
fendant." We note at the outset that the case on which
appellee relies for this proposition is Young, supra, a
case involving a rather straightforward question as to
whether the appellant, who had moved into an apartment
with a friend whose father had leased the apartment, was
wrongfully evicted after he refused to move when the
friend's father notified the landlord that he would vacate,
and did vacate, [**38) the apartment. The answer to
that question depended upon the resolution of a factual
question, whether the appellant was a roomer or a ten-
imt, a question which we remanded to the trial court. In
contrast, appellants' case here concerns a commercial
and a much more intricate factual scenario. In Wil-
son v. Hart, 829 A.2d 511 (D.C. 2003), a wrongful evic-
tion action pertaining to a residential apartment, we left
open the question as to "whether a wrongful eviction or
breach of quiet enjoyment action may lie even if appel-
lants' occupancy constituted something less than some
sort of tenancy." Id. at 515 n.9 (citations omitted). Fur-
thermore, the concept of "privity" is not always regarded
as a bar to a remedy. "In the light of modem develop-
ment, it must be supposed that the absence of "privity" is
not a sufficient reason for denying a remedy." 9 AR-
THUR L. CORBIN, CORBIN ON CONTRACTS 13 778
(2004).
(*495] Nevertheless, we begin by examining the
concept of "privity" within the leasehold context.
FRIEDMAN ON ("FRIEDMAN") provides a
general explanation ofprivity which is set forth below, in
part:
Liability between an owner of real
property and parties [**39) with a lease-
hold interest is predicated on privity. The
common law recognizes three types of
privity - privity of contract, privity of es-
tate, and a combination of privity of con-
tract and estate. Privity of contract rests
on agreement, whereas privity of estate
rests on an interest in the leased premises.
An original j!;!Q_;m_!, that is, one who ac-
quires his directly from the owner of
Page 10
871 A.2d 480, *; 2005 D.C. App. LEXIS 148, **
the property, is normally in privity of both
contract and estate. His acquisition of the
leasehold interest creates the privity of es-
tate. His execution of the with rare
exception, includes an undertaking to pay
the rent and to perform and observe the
covenants in the on the part
to be performed and observed. This cre-
ates privity of contract. If assigns
the his privity of estate thereby ends
but privity of contract continues, that is,
his right to possession ends but his liabil-
ity under the continues .... The as-
signee acquires privity of estate. If the as-
signee assumes the obligations
under the lease he comes under privity of
contract as well.
I MIL TON R. FRIEDMAN, FRIEDMAN ON L.-EASJ:S
B 7:5.1 [A], at 7-98-7-99 (5th ed. 2004). (footnotes omit-
ted). [**40) Section 7:5.l[C][l][a] of FRIEDMAN
elaborates further on the meaning and implications of
privity, even if the landlord has not consented to an .!!!:
sig11m_1,mt;
By receiving the - regard-
less of landlord's consent thereto - the as-
signee acquires an interest in the premises
that brings him into privity of estate with
the owner and makes him liable to the
owner for the payment of rent and on
those tenant covenants that run with the
land. Acceptance of the cre-
ates the privity of estate and its conse-
quent liability . . . The liability imposed
on an assignee by privity of estate differs
in two respects from that of the original
or that of an assignee who has ex-
pressly assumed the obligations ..
The assignee's liability created by
privity of estate does not include anything
that accrued before the The
assignee is not liable for a breach by the
original tenan_t or by a prior assignee. Nor
is he liable for rent payable before the .!!s.:
sigl!mim.t to him even if this covers a pe-
riod subsequent thereto ... but [while] ...
an assignee is not personally liable for
prior breaches, ... he takes the sub-
ject to forfeiture if these [**41] breaches
are not cured.
Idat 7-103-7-104 (footnotes omitted).
From these FRIEDMAN excerpts, we conclude that
Sarete acquired privity of estate with the landlord when
U Street waived B 12 ofthe Contract of Lease, and when
it assumed Mr. Gebremedhin's obligations under the
leas!l Moreover, especially after Mr. Gebremedhin re-
turned his keys to Ms. Myers, thus relinquishing or waiv-
ing any right to the leasehold, Sarete was in privity of
contract with U Street. Even assuming Sarete was not in
privity of contract with U Street, its privity of estate with
U Street "made [it] liable to [U Street] for the payment of
rent." FRIEDMAN, supra, B 7:5.1 [C][l][a] at 7-103.
And, in that regard, there was at least "some sort of ten-
ancy" or relationship. Wilson, supra,
829 A.2d at 515.
[*496) The Self-Help Doctrine
Given our analysis of the privity issue and our con-
clusion that there was at least "some sort of tenancy" or
landlord-!im...!!nt relationship between at least appellant
Sarete and U Street, we hold that the prohibition on self-
help, articulated in Mendes, supra, and Simpson, supra,
[**42) was applicable to the circumstances of the case
before us, and that U Street acted wrongfully in evicting
Sarete without legal process, because "statutory remedies
[for reacquiring possession of property] are exclusive ...
and an action will lie in tort against a landlord who evicts
a without legal process." Mendes, supra, 389
A.2d at 782. Here, U Street evicted appellants by chang-
ing the locks to the Cafe Tango on more than one occa-
sion and precluded appellants' entry. Consequently, ap-
pellants were entitled to judgment on Count II (wrongful
eviction) of their complaint.
Tiie Rule 12 (b)(6) Dismissal of tire Individual Ap-
pellant's Claims
We turn now to the trial court's denial of damages
under Counts III and IV of appellants' complaint. Dam-
ages were denied for two reasons: (1) appellants' failure
"to present evidence to substantiate the damages they are
seeking," and (2) appellants "were not lawful
because no valid existed." We already have
addressed the second reason relating to the validity of the
As for the trial court's first reason, the ab-
sence of supporting evidence, appellants contend that
had Ms. Touelde [**43] and Mr. Samuel not been dis-
missed as plaintiffs, they could have presented evidence
of damages. This leads us to the question whether the
trial court properly dismissed Mr. Samuel and Ms.
Touelde with prejudice under Super. Ct. Civ. R. 12
(b )(6). Judge Zeldon concluded that dismissal of the in-
dividual plaintiffs was required because "only the corpo-
rate plaintiff, [Sarete], maintains a leasehold interest in
the property," and because "there is no assertion in the
Complaint that Plaintiff Samuel or Plaintiff Touelde have
privity of contract and privity of estate with Defendant,
Page 11
871 A.2d 480, *; 2005 D.C. App. LEXIS 148, **
nor has any evidence been offered by Plaintiffs on these
issues."
"The standard by which we review the grant of a 12
(b)(6) motion to dismiss for failure to state a claim upon
which relief can be granted is well settled: like the trial
court, we must construe the complaint in the light most
favorable to the plaintiff, while taking the facts alleged in
the complaint as true." Casco Marina Dev., L.L.C. v.
District of Columbia Redevelopment Land Agency, 834
A.2d 77, 81 (D.C. 2003) (citing Cauman v. George
Washington Univ., 630 A.2d I 104, 1105 (D.C. 1993)).
"We will affirm a dismissal [**44] only when it appears,
beyond doubt, that the plaintiff [] can prove no set of
facts in support of [its] claim which would entitle it to
relief." Id (quoting Klahr v. District of Columbia, 576
A.2d 718, 721 (D.C. 1990)) (quoting Conley v. Gibson,
355 US. 41, 45-46, 2 L. Ed. 2d 80, 78 S. Ct. 99 (1957))
(quotations omitted). "The sufficiency vet non of the
complaint raises a question of law, and we therefore owe
no deference to the trial court and review the order of
dismissal de nova." Larijani v. Georgetown Univ., 791
A.2d 41, 43 (D.C. 2002) (citation omitted).
The trial court concluded that Mr. Samuel and Ms.
Touelde failed to allege that they were in "privity of con-
tract and privity of estate" with the appellee, and no "ev-
idence [has] been offered by Plaintiffs on these issues."
The court also said that "based on the information ... in
the complaint[] only the corporate Plaintiff, Sarete, main-
tains a leasehold interest in the property." It therefore
dismissed the [*497] claims of Mr. Samuel and Ms.
Touelde for failure to state a claim under Super. Ct. Civ.
R. 12 (b)(6). Contrary to the trial court's finding, howev-
er, Mr. Samuel [**45] and Ms. Touelde did allege at
least some facts which, if construed in the light most
favorable to them, would have demonstrated that they
had some kind of a relationship with the
appellee. Specifically, they alleged that: (1) "Plaintiffs,
the holders of a bona fide lease at 1344 U Street ... have
been locked out of the premises at which they operated a
restaurant and night club," (Paragraph 2 of the Com-
plaint); (2) "pursuant to the terms of the agreement,
which was an of a agreement signed
by another party the Plaintiffs were legally authorized to
occupy the subject premises," (Paragraph 2 of the Com-
plaint); (3) "Plaintiffs recall signing an Agreement with
the Defendant with respect to their right to enter the
premises and complete the repairs preparatory to reopen-
ing the business," (Paragraph 11 of the Complaint); and
(4) "the Defendant has breached the Plaintiffs rights as
in the premises," (Paragraph 17 of the Com-
plaint). The Complaint may be inartfully drafted since it
sometimes refers to the "Plaintiff' in the singular form,
and sometimes to "Plaintiffs" in the plural form, but in-
artful drafting is not the standard we apply to determine
[**46) whether a complaint should be dismissed under
Rule 12 (b)(6).
The District is a notice pleading jurisdiction and
"under Super. Ct. Civ. R. 8 (a) and (e), a complaint is
sufficient so long as it fairly puts the defendant on notice
of the claim against him." Scott v. District of Columbia,
493 A.2d 319, 323 (D.C. 1985) (citation omitted). Fur-
thermore, "[a] complaint should not be dismissed be-
cause the court doubts that a plaintiff will prevail on a
claim." Duncan v. Children's Nat'/ Med. Ctr., 702 A.2d
207, 210 (D.C. 1997) (citation omitted). Nor should a
complaint be dismissed under Rule 12 (b)(6) on the
ground that no "evidence [has] been offered by Plain-
tiffs" since we "take the facts alleged in the complaint as
true," Casco Marina Dev., L.L.C .. supra, 834 A.2d at 81
(citations omitted), and the presentation of evidence to
counter a Rule 12 (b)(6) motion is not required. There-
fore, construing the complaint in the light most favorable
to Mr. Samuel and Ms. Touelde, we hold that it "fairly
put[] [U Street] on notice of the claims against [it]," and
because we cannot say that "it appears, beyond doubt,
that [Mr. Samuel [**47] and Ms. Touelde] can prove no
set of facts in support of[their] claims which would enti-
tle [them] to relief," we reverse the trial court's Rule 12
(b)(6) order of dismissal. Id., (quotation and citations
omitted).
Damages
Since the trial court should not have dismissed the
claims of Mr. Samuel and Ms. Touelde under Rule 12
(b)(6), and since the record and our disposition of the
legal issues indicate that they are entitled to judgment on
Count I (breach of contract) and Count II (wrongful evic-
tion), we remand these matters to the trial court for a
damages trial. Furthermore, because the trial court did
not consider the corporate appellant's claim relating to
appellee's alleged illegal seizure of business property and
inventory, we remand the Count III claim as to all of the
appellants to the trial court for a liability and damages
trial.
9
9 With respect to damages, the trial court must
determine which of the appellants, is (are) enti-
tled to damages on each of the three causes of ac-
tion - breach of contract, wrongful eviction, and
illegal seizure of business property and inventory,
and in what amount, if any.
[**48) [*4981 Trial By Jury
Finally, we summarily dispose of appellants' conten-
tion that they were entitled to trial by jury. Clause 25 of
the Contract of expressly waived a jury trial "on
any matters whatsoever arising out of or in any way con-
nected with [the] the relationship of Landlord and
use and occupancy of the Premises
, '
Page 12
871 A.2d 480, *; 2005 D.C. App. LEXIS 148, **
and/or any claim or injury or damage." We review the
trial court's decision to deny a request for a jury trial de
nova. See Emerine v. Yancey, 680 A.2d 1380, 1385 (D.C.
1996). This is a comprehensive, unambiguous waiver
and we have recognized a contractual waiver of trial by
jury. See Pers Travel, Inc. v. Canal Square Assocs., 804
A.2d I 108 (D.C. 2002). "It is ... generally accepted that
a voluntary waiver of the right to a jury trial 'suffers from
no inherent constitutional or legal infirmity."' Id at 111 I
(quoting Seaboard Lumber Co. v. United States, 903
F.2d 1560, 1564 (Fed Cir. 1990), cert. denied, 499 US.
919, 1I3 L. Ed 2d 243, I 11 S. Ct. 1308 (1991)). Appel-
lants' reliance on Rodenbur v. Kaufmann, 115 US. App.
D.C. 360, 320 F.2d 679 (D.C. Cir. 1973) , [**49] is
misplaced. Unlike the plaintiffs cause of action in that
case, the appellants' wrongful eviction claim in the case
before us is founded on the contractual obligations guar-
anteed in the l ~ r u ~ Rodenbur, which involved a slip and
fall tort claim, is distinguishable from appellants' case
because it did not concern any rights stemming from a
lll!!_!!ll. Id, 115 US. App. D.C. at 363. Here, appellants'
alleged right to enter the U Street property is based on
the Contract of Lease. Consequently, their right to trial
by jury under the Seventh Amendment to the Constitution
of the United States has been waived, and the appellants
are not entitled to trial by jury with respect to the matters
on remand.
In sum, we reverse the trial court's order under Rule
12 (b)(6) dismissing the claims of Mr. Samuel and Ms.
Touelde as plaintiffs. We also reverse the trial court's
order of judgment in favor of U Street on the corporate
appellants' claims of wrongful eviction and breach of
contract, and remand these matters to the trial court with
instructions to enter judgment in favor of appellants on
those claims. Furthermore, we remand the Count III
claim to the trial court as to all [**50] appellants for a
liability and damages trial.
So ordered.
Land Record 772 1/7/85
C&O Canal NBP
Vendor: Washington Harbour Associates
MOA: Easements
Deed Date: 1/7/85
Area: 0.00 acres
0.00 sq. ft.
Cost/Assessment: $0.00
Scenic Easements over lands at Washington Harbor, lot 102
square 1173, Deed Reference Liber 3910, Folio 808 (see
Wash. Harbor file) .
EXHIBIT A
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7199 3
llOH!W.:EllS I CUARDIAN
DEED OF EASEM!mS
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A.SSOCIATES,*a District of Columbia
1nt.!C1Hn ;,,tt,;." l, GEORGETOWN poroMAC COMPANY (for::1erly
' i1wr ; . .- r:,, ..,n-l-:l..sr.d a D?laware corporation (herein
"c;e1>r'Jt:t)1.in ??tomac"), CL.ARE PROPERTIES (D.C.) INC.,"'a
!1 ..Hyldn,1 CQrporation (herein "Mount Clare) and the UNITED STATES
tlf' AMERICA.
WlTNl::SSETH:
WHA is developing certain proparty in the
lh<>tr i.ct f)t Columbia known as Lot 102, Square 1173; and
WHEREAS, fee simpld title to said Lot 102 is vested in
Potomac which is wholly owned by WHAJ and
WHEREAS, WHA desires to improve or cause to be illlproved
Lot 81, Square 1171 and Lot 97, Square 1172: and
WHEREAS, tee simple title to said Lots Bl and 97 is vested
in Mount Clare, a wholly-owned subsidiary of CSX Resources, Inc.r
and
WHEREAS, Lot square 1171 and Lot 97, Square 1172 are
to a restrictive covenant set forth in a certaln deed
recorded November 26, 1941 in Liber 7694 at folio 573 between the
Surviving Receivers of the Chesapeake and Ohio Canal Ccm.pany and
the Real Estate and Improvement Company of Baltimore City1 and
WHEREAS, the said covenant restricts the height of
or structures on said lands to twenty (20) feet or one
It) story and runs in favor of property owned by the United
Status: and
WHEREAS, WHA desires to secure the release of said
and
WllEREAS, the United States will release the said covenant
1n for certain easements and other considerations as set
torth herein.
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THIS DE!:D, made day , ,
1//1-
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I
and between WASHINGTON HARBOUR ASSOCIATEs,a District of Columbia
partnership (herein wHA), GEORGETOWN POTOMAC COMPANY (formerly
Georgetown-Inland Corporation), a Delaware corporation (herein
RGeorgetown MOUNT CLARE PROPERTIES (D.C.) INC.,*a
Maryland corporation (herein "Mount Clare) and the STATES
or AMERICA
WITNESSETH:
WHEREAS, WHA is developing certain property in the
I
District of Columbia known aa r.ot lC>:2, Square 1173; and
WHEREAS, fee simple title to said Lot 102 is vested in
'
Geor9etown Potomac which is wholly owned by WHA; and
WHEREAS, WHA desires to improve or cause to be improved
Lot 81, Square 1171 and Lot 97, Square 1172; and
WHEREAS, fee simple title to said Lots 81 and 97 is vested
in Mount Clare, a wholly-owned subsidiary of CSX Inc.;
.ind
WHEREAS, 81, Square 1171 and Lot 97, Square 1172 are
subject to a restrictive covenant set forth in a certain deed

recorded November 26; 1941 in Liber 7694 at folio 573 the
Surviving Receivers of the Chesapeake and Ohio Canal Company and
the Real Eatate and Improvement Company of Baltimore City; and
WHEREAS, the said covenant restricts the height of
buildings or structures on said lands to twenty (20) feet or one
Ill story and runs in favor of property owned by the United
Statea1 and
WHEREAS, WHA desires to secure the release of said
covenant1 and
WHEREAS, the United States will release the .aiu cuvnant
in exchange for certain easements and other considerations as set
forth herein.
. .
. .
:
. -'
l .
. 1 \ .
WHEREAS, the Secretary of Interior or his duly authorized
representative is authorized by Section 5(b) of Public Law 90-401,
approved July 15, 1968, as amended, to make exchanges of land or
interests in land provided the exchange of property shall be
approximately equal or if not the values shall be equalized
by the payment of cash; and
WHEREAS, it has been determined that land and interests in
land are approximately equal.
NOW THEREFORE, the parties hereto do hereby grant, convey,
covenant and agree as follows:
1. Georgetown Potomac does hereby grant and convey, in
perpetuity, unto the United States of America and its assigns a
scenic easement in gross in that part of Lot 102, Square 1173 as
described and depicted in Exhibits A-1 thru A-64attached hereto
and made a part hereof, said easement to be of the nature and
character and to the extent hereinafter expressed to be, and to
constitute, a servitude upon said lands and to that end,
Georgetown Potomac and WHA covenant on behalf of themselves, their
successors and assigns, with th United $tates and its assigns, to
do or refrain from doing the various acts hereinafter described,
it being hereby aoreed and expressed that the doing and refraining
said acts, and each thereof, upon said lands are and will be
for the benefit of the United States.
The restrictions hereby imposed on the said easement area
and the acts which Georgetown Potomac and WHA covenant to do and
refrain from doing are as follows:
(al Within Parcel No. 1 as depicted on Exhibit A-3
there shall be permitted only the followinga a major water
feature1 fountains1 plantings: walkways1 street
lighting1 a project directory1 flood control devices; paving
1
short-term recreational and

and seasonal
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I
reataurant use adjacent to the water feature but not to exceed
4,000 square feet. No shall be located within this
area except for temporary ahort-tenn structures not exceeding 20
feet in heightt a tower to be located in the water feature
occupying an area not to exceed 360 square feet and erected to a
height not exceeding o.c. Department of Transportation Datum
Elevation 103'1 and projections and architectural of
adjacent building,
(b) Within Parcel No. 2 as depicted on Exhibit A-4,
there shall be permitted only the following: paving, planting1
street furniture1 lightino1 flood control devices; aeaaonal
restaurant user and projections and architectural appurtenances of
adjacent buildings. No buildings or structures shall be located
within the area except a glass enclosure with supporting structure
not exceeding o.c. Department of Transportation Oatum Elevation
27 Io
(c) Within Parcel No. J as depicted on &xhibit A-S,
there shall be permitted only the following: paving; plantin9s1
street furniture; li9hting1 flood control devices1 an open terrace
not to exceed o.c. Department of Transportation Datum Elevation
17.33': and projections and architectural appurtenances of
adjacent buildings. No structures shall be permitted above said
elevation and the use of the terrace level shall be limited to
aeaaonal restaurant uses and short term recreational and exhibit
activltie During weather only, open-sided tents will
be permitted provided such tents do not cover an area greater than
1,000 quare feet.
Id) Within Parcel No. 4 as depicted on Exhibit A-6,
there hall be only the followings pavin91 planting!
an open terrace area1 lightin9; flood control devices1fountain1
treet furniture1 and projections and .. .-.ppl.irte"o1nces
Of adjacent buildings. The uee of terrace shall be limited to
:)
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seasonal restaurant uses and short term recreational and exhibit
activities. In this area sufficient trees shall be provided to
form a tree canopy covering the entire area. During inclement
weather only, opensided tents will be permitted provided such
tents do not cover an area greater than 1,000 square feet and are
located underneath the tree canopy.
(e) Within Parcel No. 1, 2, 3 and 4 no signs shall
be pel'lllitted within the easement area except those which are
attached to buildings immediately adjacent thereto. All such
signs hall conform to the Sign Criteria attached hereto as
Exhibit K. No more than four (4) signs will be permitted on the
building facades which face th4 Potomac River and these signs
shall be located on the level at which restaurant and retail use
is located. Notwithatandlng the foregoing, a project
and temporary non-commercial public information signs no higher
than 6 feet from grade may be placed in the easement area.
2. Georgetown Potomac does hereby grant and convey unto
the United State1, and its assigns, an easement in in that
part of Lot 102, Square 1173 as described and depicted in Exhibits
B-1 and B-2 attached hereto and made a part hereof, said easement
to be of the nature and character and to the extent hereafter
expressed to be, and to constitute, a servitude upon said lands
and to that end, and for the purpose of accomplishing the intent
of the parties hereto, Georgetown Potomac and WHA covenant on
behalf of themselves, and their successors and assigns, with the
United States, and its asaigna, to do and refrain from doing upon
sald lands the various acts hereinafter de1cribed, it being agreed
and expressed that the doing and refraining fr0111 said acts, and
each thereof, upon said landa are and will be for the benefit of
the United States. The re1trictiona hereby upon said
covenant to do and ref rain from doing are as follows1
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:
(a) The eaement area shall contain no structures
except as otherwise herein 'expressly permitted.
(bl The easement area shall be improved with paving,
plantings, walkways, street furniture, lighting, a project
directory and a seawall.
(c) The easement area shall be kept open to the
public at all times
(d) The easement ar.ea shall be reasonably maintained
and kept in reasonably good repair so as to accommodate its
intended use.
(e) The easement area shall not be ued for short
term recreational, exhibit activities, seasonal restaurant use or
col'lllllercial uses.
J. Mount Clare does hereby grant and convey, in
perpetuity, unto the United State and its aaaigna a scenic
easement in gross in those parts ot Lot 81, Square 1171 and
Lot 97, Square 1172 as described and depicted on Exhibits C-1,
c-2, D-1 and 0-2,&.-espectively, attached hereto and made a part
hereof, said easement to be of the nature and character and to the
extent hereinafter expressed to be, and to constitute, a servitude
upon said lands, and to that end, nd for the purpose of
accompli&hino the intent of the parti" hereto, MO'U'nt Clare and
WKA covenant on .behalf of themselvea, their successors and
assigns, the United States and its assigns, to do and refrain ;
frcn doing upon said lands the varioua act hereinafter described,_
being hereby agreed and expressed that the doinq and refraining
fr0111 said Cts, and each thereof, upon said lands are and will be :}
for the benefit of the United Stat' The restrictions hereby
I
iposed upon said lands and the acts which Mount Clare and WHA
covenant to do and refrain from doing are as follows: '
(a) The easement area described and on
Exhibits C-1 and C-2 shall be kept free of structures and limited
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. .
to an open area containinq pavinq, plantings, liqhtin9, walkways,
street furniture, flood control devices, projections and
architectural appurtenances of adjacent buildings.
(b} The easement area described and depicted on
Exhibits 0-1 and 0-2 shall be kept free of structures and limited
to an open terrace area containing paving, plantings, lighting,
walkways, flood control devices, projections and architectural
appurtenances of adjacent buildings and seasonal restaurant use
except that the said area may contain a glass enclosure with
supporting structure not to exceed D.C. Department of Transportation
Datum Elevation 27' and 650 square feet in area.
(cl No signs shall be permitted within the easement
area except that one 11) sign may be attached to the adjacent
building which shall conform to the Sign Criteria set forth in
Exhibit K. No sign shall be affixed to the facade of the building
which faces the Potomac River.
4. Mount Clare does hereby grant and convey, in per-
petuity, unto the United States, and its assigns, an easement
in qross in those parts of Lot Bl, Square 1171 and Lot 97,
Square 1172 as described and depicted on Exhibits E-1, E-2, F-1
and r-2,'.reapectively, attached hereto and made a part hereof,
said ea1ement to be of the nature and character and to the extent
hereinafter expressed to be, and to constitute, servitude upon
said lands, and to that end, and for the purposes of accomplishing
intent of the parties Mount Clare and HHA covenant on
behalf ot themselves, their and assigns, with the
United States and its assiqns, to do and refrain from doing upon
1aid lands the various acta hereinafter described, it being hereby
aqreed and expressed that the doing and refraining from said acts,
and each thereof, upon said lands are and will be for the benefit
h The restrictions hereby imposed upon said
-6-
lar.da and the acts which Hount Clare and WHA covenant to do and
re.rain fro doing are aa follows1
(al Th easement areas shall be kept free of
structures except as otherwise expressly peC"lllltted.
(bl The easement areas shall be improved with
paving, walkways, plantings, trees, street furniture and lighting.
(c) Th easement areas shall be kept open to the
public at all times.
(d) The easement areas shall be reasonably
maintained and kept in reasonably good repair so as to acco111111odate
their intended use.
s. Hount Clara and WHA covenant for themselves and their .
'
succeaeora and assigns llfith the United States and its assigns that
1
}
they will improve and landscape, in accordance with plans to be
.. pproved by the National Park Service, certain lands owned by th r
United States adjacent to Lot 97, Square 1172, llfhich lands are1,5
described and depicted ln Exhibit G-1, G-2, G-3 and G j
hereto and made a part hereof. Mount Clare and WKA further p
covenant that they will perpetually 111aintain the said improvements .&
and landscaping upon the said lands in reasonably good condition<t'
ti>i thit bitne flt of the United states. Th United Sia tes covenant f
t hat Mount Clare and WHA and their successors and asaig.ns may,,f
build, and Mount Clar and WHA and their successors and assigns c
that they will build a per9ola adjacent to Lot 97,tf
Square The said pergola shall contain lighting, landscaping
and walk.ways and shall be open to the public at all No Ii
restaurant or co111111rcial activities shall occur in the pergola./'
The covenants set forth ln this Paragraph 5 shall be deemed to be
reel covenants and shall run with the land known as Lot Bl,
Square 1171 and Lot 97, Square 1172.
.
...
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_,_
6. Mount Clare and WHA covenant for themselves and
successors and assigns with the United States and its assiqns
they wili lll'lprove and stabil i:zP. the ..,est bank of Rock Cc-eek I
between the northerly line of. Lot Bl, Square 1171 and the I#
-t6'fit"herly line of Lot 91, Squat"fl 1172 in accordance with
by the National Park Servi. Ho\lnt Ci.are ilind NHA
further covenant that after said improvemonts have been made they
will perpetually maintain in reasonably qood cond\tion and koep in
reasonably qood repair the said for the benefit of
the United Statesf The covenants set forth in this Paragraph 6
shall be deemed to be real covenants and shall run with the land
known as Lot 81, Square 1171 Lot 97, Square 1172.
7, Mount Clare and WHA, for themelves and their
successors and covenant with the United States and its
assigns that they will landscape and perpetually maintain, in
reasonably good condition, in accordance with plans approvP.d by
the National Park the area east of Rock Creek as shown on
Eic:hlbit H attached hereto and made a part It is
4
understood that the landscaping shall include the stablllzation of
. the eat bank of Rock Creek within the said The covenants
set Corth in thla Paraqraph 7 shJll be deemed real covenants and
shall run with the land known as t.Ot 81, Square 1171 and Lot 97,
Square 11 72.
a. The parties hereto recocinize and aqree ' ttiat:. the'
obiioationa set forth in Paraqraph1 5, 6, and 7 herein to make 'JP
on land of the Unlted State are limited to such
iprov.mant a are shown on the plans initially appr:oved by thep
National Park Service and do not include imprnvementa .I
Should the Hfttional Park Service determine to make subsequent
improvements, it shall prlor to effecting such improvements notify
Mount Clare and or assiQns in writing
improveman ts to be made. t Cl are and wHA or their 1
-8-
successors or assigns shall not be required to maintain :such'
improvements tr '" thi co1t of such maintenance would increase the ;;:
Hiin current 'co"st"ot malntenanee under th initially epproved plan
iii on t'h'an' S \. I
g, (al Mount Clare for itselr and its suc'ceuors and
aaiqna covenant vith th United Stat that, within the area
formerly conatltutlnQ VlrQ\nla located between Rock Creek
and 30th Street, N.w. as described and depicted in Exhibits 1-1 .
and I-2, no structure shall be erected other than (1) an enclosed
olaa1 conaervAtory, not exceeding fifty-two (52) feet in
with supporting structure linking the buildinqs adjacent to the {:
said area, and (iii projections and architectural appurtenancies
of the aaid adjacent buildings.( The covenants set forth in this
Paragraph 9 shall he deemed real covenants and shall run with the
land known as Lot Rl, Square 1171 and Lot 97, Square 1172.
(b) Mount Clare does hereby grant and convey,
perpetuity, unto the United States easements in qrosa of those
of th said area formerly constitutlng Virginia Avenue so as
to provide a continuation of the easement granted ln 3
and C hereof .fTne sa itl easements shall be of the same nature and
character of easement qranted in Paraqraphs J and 4 and subject to
the same restrictions. The easement area subject to the
restrictions of Paraqraph J is and depicted on
Exhibits I-5 and The easement area to
retrictlona of Paragraph 4 is deacribed and depicted qn
l
txhibit r-3 r-.c. t6.
'
10. Georgetown Potomac and WHA covenant for themselves
their successors and aaaigns, vith the United States and it
that, in that part of the Potomac River as described
in Exhibit J-1 and J-2 attached horeto and made a part
i
,.reof, they will and =:!ntAin in reaaunably
tndition fixed nd float!"" wood doc., the Pln tor vhlcllf
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shall be approved by the National Park Service, and construct and
maintain in reasonably qood condition improvtt111ents for moorinq
boats and pertestrian acces1 in con1unction with the pedestrian
acces1 provided on the area alonq the south line of
Lot 102, Square 1173. In the event of destruction of the dock,
Potomac and WKA their successors and asslqns will,
except for cause beyond their control, begin reconstruction within
90 days. The area may also he used to extend the sea wall erected
along the property line of Lot 102, Square 1173 provided that the
sea wall shall not occupy more than 1,600 square feet beyond the
property line adjacent to the basin area within said Lot 102. In
the event of destruction of the boardwalk, Georqetown Potomac and
WHA will, except for cause beyond their control, begin
reconstruction within 90 days.
Georgetown Potomac and WHA covenant for themselves and
their successors and assions with the United States and its
assigns that they will provide, maintain and keep in force at all
time1 insurance in which the United State of. hnerica shall be
named a an additional name insured covering the easement area
granted in this Paragraph 10 with not less than the following
limits of liability:
(a) Public Liability Insurftnce: ror bodily injuries
or death suataind by one(\) person $1,000,000 with a total limit
of liability for bodily insuries or death by more than
one (1) person in one (l) aceirtent $3,000,000.
(bl Property flamage Insurances For any one (l)
accident, $200,000 and $500,000 aggregate.
(c) In order to adiust for inflation, the National
Park Service may at five (5) year intervals, increase the limits
of liability. In the event of disagreement as to the increased
liaita, the new hall cctatlish.cS by applyinq the
-10-
I
increase in the Conswner Index, to the oriqinal limits and
rounding to the nearest $10,000.
The covenants set forth in this Paragraph 9 shall be
de91fted real covenants and shall run with the land known as
Lot 102, Square 1173.
11. The United States does hereby release that certain
covenant set fol:'th in a deed herelnbefore mentioned .which
restricts the heiqht of buildinqs or structures on Lot 81,
Squal:'e 1171 and Lot 97, Squal:'e 1172.
12. 'Mount Clare and WffA covenant !or themselves their}
successor and assigns with the United States and its assiqns that
buildings or structures erected on Lot 97, square 1172 and Lot Bl, :
square 1171 shall be subject to the followinq restrictions:
(al On Lot 97, Square 1172, any building or !
structure shall not exceed fifty-two (52) feet
(b)
in height and its penthouse shall not exceed
five CS) feet in height and sh.ill not covu more
than thnie liun<lred c JOO I square teetf
Architectural embellishments and decol:'ative and
functional chimneys, approved by the National
Park service but in no event taller then eix (6)
may be erected above fiftv-two (52) feet .
. On Lot 81, Square ,ll 71, any build in<i
,,
or
;
structure not exceed sixty (60) feet in
he iq4ntt its penthouse and architectural
shall conform to the limitations
of the District of ColUl'llbia Zoning Requlattons.
11\e covenants set forth in this Paragraph 12 shall be
real covenants and run with the land known as Lot Bl,
1171 and Lot 97, Square 1172.
I t l.
I
lucceora
I
I
Mount Clare and WHA for tl\1nalvea and tne1r
and ions with th United States and its assigns that
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r:;
they will rehabili.tate the Chesapeake and Ohio Canal Tidal Lock in
accordance with the spec ifieations attached hereto as Exhib 1 t L, .,
provided that such rehabilitation shall not extend beyond ten (101
feet from each oate at the Tidal Lock, Mount Clare and WHA further
covenant that they wil\ removP. the concrete spoil from the Potomac
River along the seawall between the Thompson Boat House and 30th
Street, N.W. and will within said area replace portions of the
seawall which are structurally unsound with crihbinq ties
to match the existinCJ seawall. It is understood by the rarties
that the obligations containen in this paragraph do not include
maintenance.
14. The easement areas established herein may he occupied
and used for all purposes incidP.ntal to the construction or
reconstruction of buildinQs and structures to be constructed or
reconstructed adjacent to the said easement areas in accornance
with such terms and conditions as he approved by the National
Park Service, which approval shall not be unreasonably withheld.
lS. Mount Clare does hereby. grant and convey, in perpe-
tuity, unto the United States and its assigns an easement in gross
in those part11 of t.nt 81, Square 1111 as described and decicted on .
Exhibita M-1 and M-2f respectively, att.ached hereto and made a
part heieof, said easement to he of the nature and character and
to the extent hereafter to be, and to constitute, a
servitude upon a.aid land, and to that end, and for the purposes
of acccnplishing the intent of the parties hereto, Mount Clare
covenants on behalf of itelf, its succeaora and assigns, with
the United State and ita aealqns, to do and refrain from doing
within the said ment area the various acts hereinafter
de1cribed, it beino aoreed and expreaaed that the doing and
refraining from aaid acts, and each thereof, within said easement
area are and will be for the of the United
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The restrictions hereby imposed within the said srea and
the acts which Hount Clare covenants to do and refrain from doinq
are as fol lows:
(a) No buildinq or structure, or part of a buildinQ
or structure other than architectural
appurtenances of the adjacent building shall be
erected to a heiqht greater than twenty (20)
feet.
(b) The parties hereto recognize and agree that the
minor modifications may be required in the
easement area to allow for adjustments in column
locations in the adjacent building due to the
existence of. a District of Columbia sewer in the
vicinity.
The covenants set forth in this Paragraph 15 shall be
deemed real covenants and shall run with the land known as Lot 81,
Square 1171.
16. Hount Clare does hereby grant and convey, in perpe..,., .
tuity, unto the United States and its s ~ i g n an easement in gross
in those part of Lot 81, Square 1171 aa described and depicted on :"
Exhibit N-l and N-2f respP.ctivety, attached hereto and made a
part hereof, said easement to he of the nature and character and
to the extent hereinafter expressed to be, And to constitute, a
servitude upon said lands, ann to that end, and for the purposes
ot accaapliahing the intent of the partie hereto, Mount Clare
COYnanta on behalf of itself, its successor and asslqns, to do
and refrain from doing upon said land the variou acts herein-
after described, lt being hereby agreed and expresed that the
doing and refraining frcn said acts, and each thereof, upon said
land are and will be for the benefit of the united States. The
restriction hereby imposed upon said lands and the act::i which
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Clare ann WHA covenant to c1o and refrain from doing are as
fol lows:
(al The easement area shall be kept free of
structures.
(b) The easement area shall be in
accordance with plans as may be approved by the
(cl The easement area shall be kept open to the
public at all times.
(d) The easement area shall be reasonably maintained
and kept in reasonably good repair so as to
accc:rnmodate its intended use.
The parties recconize that a prior easement involv i n9 a
portion of the easel'lent area orantec1 herein was granted to the
District of Columbia. The covenants contained in this Paragraph
16 shall be deemed real r.ovenants and shall run with the land
known a1 Lot Al, Square 1171.
17. The United States hereby grants and conveys to Mount
Clare and its succeaaora and assigns a perpetual easement on and
over LOt 801, Square 1172 immediately adjacent to the property
line between Lot 97, Square 1172 and Lot 801, Square 1172 solely
for the purp0se of huildinQ projections within an area
not exceeding 75 square feet at any level.
18. The parties recoqnize that the National Park Service
will adriliniater ell areaa required herein to be kept open to the
public at all tlme aa areaa of the National Park System, provided
that the National Perk Service shall not conduct nor 'permit
activities in such areas. The parties further
recognize that the National Park Sel"'lice has the rosponsibility
for law enforcement and responsibill.ty for regulating and
controlling activities in said areas,
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19. The parties hereto understand and agree that any
covenant set forth in this Aqreement as heinq a real covenant
running vith the land is bindinq upon the ovner of the described
land only vhile that ownership exists and upon conveyance of the
said land becomes bindinq ui::ion the assignee and ceases to bind the
assignor. f
IN WITNESS WHEREOF, WashinQton Harbour Associates has
caused th presents to be executed as of the day first above
written by its partners Western Developnent Company la general
CSX
putnerahipl, QD:aaila R9aourcea, Inc. - Georgetown (a Virginia
corporation) and Potomac Commons Limited (a limitftd partnership).
Western Development Company has caused these presents to
be executed by its partners MKn Associates, a qeneral partnership,
I whose partners Herbert s. Miller, Richard L. Kramer and Gerald L.
Dillon have executed these presents) and Western Investment Com-
pany, a limited partnership (whose sole general partner, Western
Investment Corporation, has these presents to be executed
by t-/<" ne.i t . A,ik.c , its r , and attested
by KJ,,..[ //( 5./r,,,t!:!.. , its Secretary, and has caused its
corporate seal to be affixed here to and does apPoint//., f.,,tJ,{t,i/ift
, its true and lawf.ul attorney-in-fact, for
and in its name, place and stead to acknowledge these presents as
its act and deed and to deliver the same).
CSX Otlactec Resources, Inc. - Georgetown has caused these
preaent to be executed by its
and attested by P. w. Kyle
.Aaaiatant
lta/Secretary, and has caused its corporate seal to be affixed
hereto and does appoint R. C. McGowan , its Prident
Its true and lawful attorney-in-fact, for and in its name, place
and ate ad, to acknowledge these presents aa its act and deed and
to dellver the same.
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Potomac Commons Limited has caused these presents to be
executed by its sole general partner Kan Am Properties Limited, a
limited partnership, (whose sole general partner, Kan Am Realty,
Inc::., has caused these presents to be executed by \1e.,C. l;.,,tMYJY,
its A,,;t J.0;,, PaJib-"t , and attested by .._( E. ,

it Secretary, and has caused lts corporate seal to be affix
her;to and does appoint its V:u. P,ttiJ&,J
its true and lawful attorney-in-fact, f or lt and in its name,
place and stead, to acknowledge these presents as its act and deed
and to deliver the samo),
Mount Clare Properties, Inc., successor by merqer with
IN WITNESS WKF:REOf', Mount Cl are Properties ID. C.) Inc,.
has caused these presents to be executed as of the day first above
written by R. C, Hc::Gowan , i ts President , and
. .Assistant
attested by __ P __ ._w __ __ ______ its/Secretary, and has
caused its corporate seal to be affixed hereto and does appoint
__ R_. __ c __ ._M_c __ _______ , its President
its true
and lawful attorney-in-fact, for it and in its name, place and
stead, to acknowledge these presents as its act and deed and to
deliver the same.
IN WITNESS WHEREOr, Georqetown Potomac Company has caused
theae presents to be executed as of the day first above written by
_ R_. __ c __ . _H_e_G_o_w_a_n _______ , its Presic1ent
, and attested by
Assistant
__ P_._w_._K .... Y_l_e _________ , its ..Secretary, and has c::l\usl!d its
eorpcrate seal to be affixed hereto and 1'oes arpoint R, C. McGowAfl
it _____ , its true and lawful attorney-in-
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Asst.
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fact, for it and in its name, place and stead, to acknowledqe
these presents and its act and deed and to deliver the same.
WITNESS:
ATTEST:

Secretary
!Corporate Seal)
ATTEST1

ICot'po'C'at Seal)
,.
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CSX
WASHINGTON HARBOUR ASSOCIATES
By WESTERN DEVELOPMENT COMPANY
By HKD Associates WITNESS:
By
(SEAL)

Gerald L. Dillon
By WP.STERN INVESTMENT COMPANY
Offlde1
6lltlt:J&Jdt RESOURCES, INC , -
GEORGETOWN

Office: Pres dent
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"[/'
. i }lo.._
'"'-" Secretary
4
(Corporate Seal)
- (Corporate Seal)
ATTEST1
Secretary
(corporate Seal)
DISTRICT OP COLUMBIA
CITY OP WASHINGTON

POTOMAC COMMONS LlMITEO
By KAN AM PROPERTIES LIMITED
By Kan Am Realty, Inc.

MOUNT CLARE PROPERTIES, INC,,
succeasor by merqer with
MOUNT CLARE PROPERTIES
INC.
IJ/ ,,,_,.. .
(" l .. .11 I ,J''------
Office: Preaident
(D.C.)
,: 'J
,jf"
GEORGETOWN POTOMAC COMPANY
Offlce1 Pres i dent
'
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A"
/ I L) -/ .
I, 'A,f_I? At1 /- c . . ,C,6: a Notary Public in and tor
:;>
' the Diatrict of Columbia, do hereby certify that Herbert s.
Mlller, Richard L. Kramer and Gerald L. Dillon, being personally
well known to m a th peraona who ths foregoing and
- -rr ;t;,ff
annxed Deed bearing date of..J.-,, f , J.9.84, personally appeared
before me in th Diatrict of Columbia and acknowledged that they
executed the aa111e aa the!.: fi: -.o dl.'C. a11ci deed.
-18-
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GIVEN under my hand anr1 :i;1H1l this,_. __ day of

:, I' ,
Hoa+. ("'. 7
Z4 , .. vy_ - /t:;.-C.-/._c
Notary Public
My commission expires: ,-...:.,h0fl.f7'
Seal)
COMMONWEALTH OP
l ss:
CITY OF RICHMOND )
I'
a Notary Public in and
for the aforesaid jurisdiction do hereby certify that
R. C. McGowan who is personally well known to me as the person
named as the attorney-in-fact in the foregoino and annexed Deed
bearinq date fl 1. personally appeared before
me in the aforesaid jurisdiction and as attorney-in-fact, and by
virtue of the vested in him by said Deed acknowledged the
CSX
same to be the act and deed of Oheeslilec Resource!!, Inc.- Georgetown.
GIVEN under my hand and seal this .l!!!.. day of January
1985.
Hy cornmiaslon explrea1 Hay 15, 1988
I No tor ial Se al J
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GIVEN under my hand and sea.l this ...lEhday of January
lcti:b 1985.
My c0111misslon expires: May 15, 1988
[Notarial Seal)
COHHONWEALTH OF VI RGINI A)
) ss:
CI TY OF RICHMOND I
ss:
I, B<J/Jr);" ::Jine J , a Notary Public in and for the
aforesaid jurisdiction do hereby certify that .Hie" e.
who is personally well known to me as the person named as the
attorney-in-fact in the foregninq and annexed neerl bearing date of
y ? , 1118f, peraonally appeared bfcre me in th
aforesaid jurisdiction and as attorney-in-f.act, and by the power
vested in him by said Deed, acknowledqed the same to be the act
and deed of Kan Nn Realty, Inc. ,,_
GIVEN under my hand and this day of
(Notarial Seal I
COMMONWEALTH OF
) SS:
CITY OF RICHMOND )
I'
a Notary Public for the
aforesaid j uriad ietion do hereby certify that R. C. McGowan
who la pereonally well known to me as the person named aa
attor.ney-in-fact ln the foreQoinn and annexed Deed h1ur;nn r1 ....... "F
States of America pursuant to the authority contained in 42
Federal it.olster 52498.
DISTRICT or COLUMBIA, ,
UNITED STATES or
By

National Capital Reoion
I, SAA.6" .C..!! A. fl? 11 w,, a Notary Public in and for th
Dltrict of Columbia do hereby certify that t'?fl&a J. FiiJ,
er vw
Re9ional Director, National Capital Reqion, National Park Service,
United States Department of the Interior, on behalf of the United
States of Al!lerica, party to the aforegoino Deed bearing date on
$
the day of J.4"-,,,.lt.f , personally appeared before me
in id Dlstrict, the said Regional Director beinq personally vell
known to me 11 the person who executed the said AQreement and
acknowledqed the same to be his act and deed on behalf of the
United States of Allrica.
.L.
Given under my hand and seal this "day of J111,,.,.,1Jll.f(
-- 4
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Notuy Public
My commission expir
-22-
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........... .;.._...:. __ .. _____ -
Ollll Ml1'IO PLAZA ( .:,,
It --IOllAI. Pl.ACl, 1.ANl>OVI" .._.llTLAHD 11r711
fOSf Ofl'ICI IOX 1&111
TIUPHONI Diii .. ...,_
0
BEN DYER ASSOCIATES, INC.
EnglnHn I Surveyors/ P11nn1rs
.A-1
D!SC111Tl01
SCENIC LUIK!Mt
LOT 102, SQUAI! 1173
DISTJ.lCT 07
.JanuTJ 16, 1984
J70lot
v.o. 124001
lavlad: February 17, 1'a'
bins a trip or parcel of land hareinafcer decr1be4 in, throu1h, over
and acroa1 Lot 102, Square 1173, aa ahovn on a plat of Tacordd in
th Off1c of the Sul'Vayor of th Diatrict of Col1111bia, 1n look 172 at Paa 84,.
and bina aora particularly d11er1bd aa follova1
llEGIHtlllfC for th .... at a point on tb1 v1t1rly ri&ht of vay line of
30th Straat, i.w., aaid poiot alo ba1n& on th aaatarly or South 00' 49' Eaat,
301.66 Coot line of the aCorid Lot 102, diatant 30.63 feet northerly fro the
aoutharlJ and theraof, aod runnina thence acroa1 aaid Lot 102, the follov1n1
eleven (11) cour1a1:
1. Korth 65' 53' 49" Vaet, 169,49 feet to a point;
2, South 11 11' 10" Vaat, 2.72 feat to a point;
3. 39.11 feet elona th arc of a curve, deflectina to the
r11bc, haw1na radiua of 24,38 feet aud a chord be1rin1
llorth 62" 51' 50M Veat, 35.05 feet to a point;
4. llorth ,,. 5)' 49" Veat, 14.99 feet to poillt;
' Morch oo 11' 10" !aat. 35." feet ta poitlt:
6. 110.5t feet &1D1ll th arc of curve, 4eflecttna to tha
bavin1 a radiua of 166.46 feC and a chor4 .. ar11'1
llortb It 42' 41" Vaat, 108.56 feat to a paiDt of co.pOU124
canacura;
' 1. 65. 07 fHt alolll th arc of e11n, f1ctta1 to tha
.d1tir., uvtaa radiue of 116.4' fHt and chori 11urtiia
lortb 55 56' 25" Va1t
0
64.35 feet to .Pol.lie of co.poun4
CllT't'HurJ
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J-70109
V.o. IZ400l Lot lOZ, s,uara117j
Vhi11&tOll, D.C. aavid:Fabruary 17, 1914
a. 11.tl faet alon1 the arc of a curve, dfl1ctin1 to the
-rt,bt, ba'fi1 a radiua of 73.'6 flee uid a cbord baad111
alortb 54' Ol" U.at, 11.111 hat to a pobc;
'
10.
11
12.
u.
14.
15.
16.
17.
18,
1'.
20.
:u.
10 41' 50" Vaat, 66.IO feet to a 1oiat;
Jlorth 19 11
1
10" 1&1t, a.so feet to point; and
Horch 10 41' 50" Vat, 100,26 feet to a point on the
.. 1tarl1 ri1ht of var line of 311t Street, N.v., chance
vStb aid .... early lia
llorth oo 10 55" .... ,. 21.02 ft to point; thane
cro11:ta1 1a:l.d Lot 102, th follov:l.n1 i1ht (8) cour11a:
South 70 41' 50" laat
0
10. 39 fut to a po:l."?q
11.15 ft leas th re cf a curva, daflect:l.n1 to the
late, hav1n1 radiua of 6.00 feet and a chord b11r1n&
South 70' 41' 50" Eaat, 12.00 feet co a point;
South 10 48
1
50" Enc, 138.25 feet to a point;
71.ZO f11t aloa1 the arc of a cutT, d1fl1ct:l.n1 to the
left, b&vin1 a radiu1 of 17.00 faac &11d a chord b1arin1
!fot'th 53 01
1
lZ" Zaat, 29.45 feet to a pobt of cD9pouad
curvature;
1,.08 faat alcn1 tba arc of a deflect:l.n1 to the
ri&ht, hav:tn1 a radiu1 cf 41.50 feat and a chord bearing
11ortl:t. 30 11' 06" laat, 18. 96 feat to a po tat;
51.97 faet alOJI& the re of a curve, to the
T:l.&bt, 11&v1n1 radt111 of 101.00 feat 114 chod beadna
llorth 56 11' 45" !alt, 51.40 feat tD a poiot cf coapound
cunatura;
20,14 faat aloaa tba arc of a curve, defl1ctia1 to th
rtS)tt, 1'avta1 rediu1 of 11.00 feat &Ad a chor bear:tn1
llorth 75 11' 11" la1t, Z0.92 feet to a po1nt1 aDd
00" 11' 10" 1&1t, 211.0J feet toe polat Oil the
northerly or 215.tJ toot curved line of 1aid Lot 102; .
tbnc vitl:t. a part of 1a14 curved lin
52. lt faac alon1 tba arc of a cuna, to the
r:tabt
1
b&v1D1 a rad:l.111 of 1,508.39 feat aDd chord bearta1
South 14 56' 55" 1&1t, 5Z.1t feet to a point; tbenc
cro1aia1 .. td tot 102, th folloviaa iahtG (11) couraa1i
; I .. .
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----- .. ' .... _ ... .. -- - .... _ ... ... .... ... .... .... --------.......... .
{
11Hcr1pt:l.oo
kealc ltu-c
January 16, 1914
J-70109
Lot 101. Squ&n 117J
Vaablt11toa
1
D.C.
v.o. 124001
aaviaed:Febt"llary 17, 1914
22. South oo 11' 10" Vat
1
21J.61 feat a potac;
JJ. 20.t4 t .. c aloq cha arc: of cune, cldlaccm1 co the
dpt, liaM a radiH of 141.00 faat and a chord udna
loutll 74 SI' 14" San, 20.t2 feet to a po1Ac of c-pouacl
CUn'&lUHJ
24. ,1.t7 taac aloaa tba arc of curve, defleccitla to cha
dpt, havin1 a racU.ua of 101.00 fau aad a chord ... rua
Soutb 55' J6' 26" Ian, 51.40 feet to a ,oint of cnpowd
curvature;
2S. 70.07 feat alon1 the arc of a curve, daflectln& to the
r11hc, ba"l'iDa a radtua of 41.SO feet a.ad a chord beariila
South oo 11' 10" Veit, 64 .13 faet to a point of copouad
cunatura;
26. 17.11 faet eloaa th arc of a curva, deflect1aa to the
riaht, bavia1 a radiue of 101. 00 faat and a chord bearia&
South 46 37' 27" VHt, 17. 79 feet to a po1at;
2,. South 00
1
11' 10" VHt, 13.01 fut to a po1ut;
2B . J&otth 19 41' SO" VHC, 3.00 hu to point;
29. South oo 11' 10" v .. t. 3.00 hat toe polDt;
30. 42.2:5 feat alo111 tha arc o.f a cu"rV daflect1A1 to th
laft, IMIYlaa a ra41u1 of 19.50 fact Rel a chord bearin1
Joutb oo 11
1
10" Va1t 1 34.46 feat to a po1Dt;
31. lout'b oo 11' 10" v .. c. 1.5.511 faat to. polllt;
lZ. llartll 11 11' 10" zut. 140.50 feat to a polllt:
lJ. louth 11 41' 50" la1t. 5.JO fHt to a poiat;
34. erc1ri 71 11' 10" Ea1t. Sl.'3 taac t.o pol.at oa adtl
... cerl1 ri&Jat of va1 lille of JOtb ltreet, "VJ thaace
witll .. u YHtHlJ line
lS. loat'b oo 11' 10" v .. c, 1J7.71 faec to thl place of
&9mt.ata1D1 St,162 uar feat or 1.3512
acru of 1&9'.
:
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- 2.-l--
A2
"1<" N.w.

l"OINT or Cl61NNlll6--
'"' rared
SClNIC EASl:MENT
l'NJM: Wtf$HINOTON HMl:JOUA
. 11): NAT/ONA' rAN<,
WASHINGTON HARSt>UR
S8'/t.SETOWN
DllTl'Ut:T or COLUMtJ1'4
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.... - .. Ulr9eH. &atullt llfM
0.
JIND'tlJIQIOC.ATH,IMC.
-.....-- . TIU'"OHI: Pltl .......
... .., "-fee Nw. p la,,
HN4 "4"iH __ ....-,lM-.1 '--... __

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EXHIB.17 A.3
"J<"' sm.,eeT N.w.
l#llQn -:Jl.oq
I
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11.

:':If.
'fl'i
!CENIC
/'MM: IVAIHiNGTON HAIVJOUfl.. ASSOCIATES

..
I
NATIONAL ,-AM
WASHINGTON HARBOlJ((
. flBJlt..QETOWN
I .
l .. ....
' . .( .. :::.

l'iASHINGTON I DllT/UCT 016 COLUMOl"4
. -21-
MflH .. Af. tt.&M ..,_..., . &eu .. ""'
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. __. .. ..
Tll.t,......1111 dMHt
. / . . .
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EXHIBIT A4
1< N.W.
,,..11'11.oo

. ,.,...,,.,.m.7$
I ... Aatlf .. .
I . ...,,.u .
K I I.OT IOl

'
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l'NJM : NAIHIWTIN HMMIJA AHOCIATI
.. ro': NA1IOMfL l"MK IOINU ;
WASHINGTON HARJJ(JIJR

l'YA.SHIN8TON, DllTNCT 0,.
- "--- ...... L ....... IL Ill
' 0 . HN DYllll AilOPf'Tll,INC.
------
Tl&.IPHONl1 Ctl ......
-...... - ... --..----- . __ ,_; .. t ..
. . .... . ...
I I
I
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I
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eXHIFJ(T A5
N.W.
I

/"MM : HMODUA ASSOCIAT6$
1D1 MfTIONAl. IUV/&6 .
HARBl)l,JR.
' ltOl<GETOWN
NUH/Nff!O"' t DllTIUCT or COWMelA .
:-21-
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------ ,,._ __ _ ...... , . . _...
0..1 111111110 PLAZA f, .
1100 MOJIUICIM4L f''-AC, L.AHOOVI,., MAIO'L,AMO IOlll
llOIT O"lct IOIC 1410
TIL.,NONI aou-.-
0
Engln11r1 I Surv1yon I Planners
16, 1994
.J-70109
'W.O. 124001
.-1
DESC1tnIO!f
PVIL1C ACCESS SCENIC V.SDfDT
LOT 102, SQUAil 1173
VA5111MCTOH
1
PJSTJllCT OF COLUKIL\
ba1D1 trip or parcel of laad hariaafter d11cribed in, through, over
and acro11 Loe lOZ, Squ.r 1173, ahovn on a plat o! aubdivilon, recorded in
the Office of the Surveyor of the Diatrict of 1n Book 172 ac Page 8",
and beiag more particularly dcrtbed aa follow11
J!CINNINC for the e at cha interaaccion of the northerly shore o! the
Potoaac liver, vith the vetrly ri&ht of vay liD of 30th Street, N.W., aaid
point betna the 1outhea1cerl7 corner of th aforeid Loe 102, and running
cheace with the aoutherly outliaa of 1aid Lot 102
1. Rorth 6s S3' 49" Veat, 273,00 feet to potat; and
l. 1'ortb 6s 06' 13" 'Waat, 308,94 feat to th 1out'hv9aterly
COTQlr of th afora1aid Lot 102, aeid coraer b11D1 th
iater11ction of 1aid aortherl7 1hore of th Potoaac liver
vith th oa1t1rly ri&ht of vay lla of )lt Streat. N.V.;
vith aald aa1t1rly risht of vay lia1
3. l'ortb oo 10
1
'S" la1.t
1
JO. )O f11t co a olnt; thaac:a
croiat 11i4 Lot 102, tho folloviag alavoa (11) coura11:
4. loutb 10 41' 'O" la1t, 100.26 fot to points
' loutb 19" 11
1
10" 11Ht, 1.,0 fHt to a oint;
leutb 10 41' SO" laat, 66.10 foet to a .,.s.t1
7. 11.tl ft aloaa tho arc of a CUl'T, d1flactSa1 to tho
laft. 11ailll ndiua of 7J.96 feet and a chod N.riDI
loutb Jl '4' OJ" Za1t, 11.81 feat to a point of compound
cunaturo;
.
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Decdptin
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Public Ace ' Scenic
Lot 102, Squr 1173
Vaahillatn, D.C.
I. 65,07 feet lona tbe arc of a curve, deflectin1 to the
tare, havin1 a r&diue of 126,46 ft aud a chord baarin1
South SS" 56' ZS" laat, 64.3S feet to a tolnt of compound
cun<ature1
9.
10.
11.
12.
13.
14.
15.
110.59 feet alona th arc of cu'l"Ya, aflactina to th
laft, havina a radiu1 of 166,46 feat allll a chord baarin1
South 19" 42' 41" la1t, 101.56 feet to a point;
South 00" 11' 10" Waat, 35,99 feat to a point:
South 65' 5J' 49" Ea.et, 14.98 hat to a point;
39.11 ft alon1 th ere of a curve, deflactina to th
left, havin1 a r&diu of 24.31 feat and a chord bearin1
South 62" 51' SD" Ea.at, 35,05 feat to a point;
Moreb 71 11' 10" !&at, 2.72 feet to a point;
Soutb 65" S3' 4'" Ea1t, 169.49 hat to a point on Hid
vettrly riaht of vay 1111 of 30th Strt, H.V.; thane
vitb aaid vtatarl7 liila
Soutb 00" 11' 10" Wet, 30.63 feat to the place of
b&iAnin1, conta1nin1 16,946 quar feet or 0.3890
of aa acra of land
.. .; .
.....
l
Janiaar7 1,, 1914
J-70109
11.0. 124001
I

.:1 . .
. .
if i a
,,.
EXHIBIT
.
/(.. . , . N.l'J.
""'""
FUOLIC ACCESS ANO
SCENIC EASEMENT- .
l'NJM I WASHINITON lf,$()CIATes
711: NAT1DNAt. IMM MNIU
WASHINGTON HARBOUR
llOl<CETOWN
fYA$HINn'ON, or
. .
...,._,,_ ....Jll.:" s .--:-------------------1
.., ... -11- "- ua.-. a.u.,, ..... '!"'
0.
llNDYlltAllOCIATlt,INC.
------
TILIJ'HONI: lalt) ........

.
..
.... -
Olil MITllO Pl.AZ.I.
1100 PllO,.UIONM. Pl.ACl, 1.ANDOVlll. MAlllTl.ANO 201H
f'OSf OPPICI IOK HIO
TIUHONt IHO , .... 200
0
Engineers/ Survivors I Planners
c-1
DESCllrtlOH
SCENIC E45ElfnT
1.0? 11
leptr 24, 1914
J-70l0t
v.o. f2S240
(now known ae Lot 82,
Square 1171)
SQ11AlE 1171
WASBINGTOH, DISTltCf or COLUKllA
belaa a trlp or percel of 11n4 herelafter 411erib1d, ln,
threv1h 1 over, aa4 aero Lot II, Square 1171, a hva o a Plat of
Svb4lvl1l1a r1eordad la the Offlc of th lurva7or el th Dl1trict of
Coluabla, in look 172 at Paa 12,*and b1ia1 .ore part1eu11rl7 411erlb1d aa
follov1:
J!Cl"HIMC for th , ... at 1 polnt on the aortharly riaht of v17 line of
Ylr1lal1 Avaau1, W.W., ld point al10 bala on the eovthrly or
lorth 74,0
1
'O'' Walt, Ut.01 foot line of tbe afor11ai4 Lot II, dhtant
30.12 f11t v11t1rl7 frOll chi 1a1terl7 end thereat, ead runiaa thence vitb
l rla\t af v17 11
1.
2.
4.
.5.
'
lorth 73s2
1
ll" Veit, 12.14 feat co a point; theaca cro11ln1 1aid
Lot 11, the follcniia1 three (3) eour
lorth 2t21
1
4t" !11t, feet to 1 poiat;
S1.rr'U'
loutll ... luNr'll" l11t, 3.00 fHt to a pelati
larth 29"21'49" l.a1t, 108.01 feat ta a poit Oii the aortherly or
louth 1921''0" !at
1
173.49 foot liDa of 1ei4 Lot 11; theace vith
a part of l line
louth 112911" Et 11.11 feat to point; theaca craei& id
Lot II
louth 2921
1
49" Veit, lit.ZS feet to the poit of bealnnlo1, cao-
talDlog 2,060 feet or 0.0473 of aa aera of lalMI.
'"b1in1 part or a lot now known lot 82, S.quere 1171
Book 176, Pa1e 14S in the Office of the Surveyor fo- a per plat recorded in
the Diatrict of Columbia,
-- .
EXH/8/T CZ
, N.W.
"'"
..
. . ,_,,.. .
....
. .
l'MAI: NAIHl/MTOll
. 701 NAT/DNtfl., f'MK
WASHINGTON HAICB/JlJR

DllTl'Ut:T OI'
L....-.- _L,._ ----- _________________ ___,
I

.. .
. .
' .
.... --.... AAec, ""'""' .....- ...
0.
HND'fHA.UOCtATll,INC.
___ .._._
. '1LOMOlllal (1111 .........
ONI r.llTJIO PLAZA
1100 "10f'lll10NAI. PUlel, LANDOVllll, MAlllYl.ANO 20715
POST O"tCI 90X UllO
TlL f'HONI IJ011 0t:roo
0
Engi n11ri /Surveyors I P11nners
D-1
D!SCllPTIOK
SC!KlC EASDIUT
Septebr %4 1 1914
J-7010t
w.o. 125240
(levied: 9-26-84)
LOT 97
SQUAR! 1172
(now known as Lot 82,
Square
VAIHINCTON, DlSTllCT or COLllllIA
,,,, beln1 a 1trlp or parcel of land h1reinaft1r cribed, in,
thtouah, 0Y1t ind acro11 Lot 97, Squer1 1172, 1hovn oo I Plat of
Subd'v'lon recorded in the Offlce of th Surve7or of the Diatrlct of
Colu.-b,1, lo look 172 8t Paae 13 ,*ind belns .ort pnticuh-rl7 duc'C'ibed 11
fol1ov1:
for th 1&111 at 1 point on the 1outherl1 or
llortll Vut, 117.S4 foot Hnt of th1 doruald Lot ,7, dhtant
26.00 feet ve1t1tl7 fro. Cha 111terl7 end thereof and runnln1 thence with 1
rrt of 11id lln
l, North 73S2'll" Weit, IS.60 feet to point; thence c-ro11ln1 aald
Lot 97 th follovlna eleven (11) cour111:
2. lorth !11t, llJ.24 feet to 1 point;
J, South 1951'11" !11t, J.50 f11t to point;
4, Marth 0"01'4'" !11t, 7.00 f11t to a point;
5. South H"Sl'll" !11t, 7,00 fut to a polDt;
s. North 0"01'4t" !11t. f,67 feet to a point:
1. louth !a1t
0
9.67 feet to a tointi
*being part of a lot now known Lot 82, Squre i 171
Book 176, Pa;e !';S i:i ... OCCice oi tne Surv .. yo .. 'for 18 per plat :!.n
Ditrict nf Columbia,
;.''
;.,
..
- ~ ~ - .. . -- -. -.... .. ----------- -
fast TVo
lptcber 24. 1914
J-70109
l>-1
DHcdpch
lcealc l .. t
Lot n
v.o. '2'240
(a.vu11 t-26-14)
,, ... ,.nu
Va1kl .. t Dlttrlct of Ce1U8)ia
I. Worth 001'49" !a1t, 10.,0 feet to a polat:
t. South 1951'11" !11c, l.50 feet to a poiat;
JO. North 001'49" ta1t, ),50 feet to a point;
u. South 1951 'll" !Ht, 3.50 feet ta a point; and
u. 1Corth 0"01'49" !ut, 24.21 fHt to a point oa the 1outh1rl7 ri1ht
of va7 liae of Ylr1lai Avenue, M.V.; theac vlth a part of aaid
1outberly lh1
U. South 73"52' 11" E11t, 10 .11 feet to a pol1u.; thence crouin1 ald
t.ot 97
14. Soutk 110019" V1at, 75.53 feet to a point: and
15. South 0"01'49" V11t, 97.41 feet co th ,11ct of b11ianin1, con
c1lnln1 2,313 1qu1r1 feet or 0.05ll of an acre of land
;
EXHlfJIT 02
I N.W.
. .
LOT '11
. lKM '"' , n.1wm ,..,..,
9cEN/C EASEMENT'
"""' Nt1SHIM1TON
. TO I Nlr710N4I.. 1"/V<. SEAV.Q! l
WASH(Nf'TON HARBf)l,Jf(
. SBJMETOWN .
""'19HINCTO/tl, Dl9'MICT '?l' C1.J.1Mett4
t------------..... .: -
. ,
...
I
. ..
&
.
.... .. .
'tJOZ!>M
w ,, " r4N>I -
...
. . .
- . -- -------------:---- ..... _..-------...---"-""'-:-. , .... ,
ONI MITllO Pl,AIA
1100 PlllOfllllOHAI. PUcl, LANOOVlll, MAllTLAHl) :107ll ,
l'OST O"ICI IOK 141G
TlU'MONl l)Oll 4 ... 200
0
BEN OYER ASSOCIATES, INC.
Engln11r1 I Surveyors/ Planners
DISCIIPtlON
lepc&llller Z4, 1914
J-7010t
v.o. 125240
PUILlC ACCESS JJCD ICEMIC ZASDCEllT
LOT 111
(now known Lot 82,
Square 117 l)
SQU.U.t 11 71
WASHINCTON, DISTRICT or COLi.tlIA
,,,, bein1 trip or parcl of land herainafter deacrlbad, in,
thr0\l1b, over and 1cro11 Lot 11, Squar 1171, aa ehovn on a Plt of
lubdivitioD recordad in the Officf of the lur'\'17or of the Ditrict of
Colusbi, ia look 172 at Paa 12, and b1ia1 110r1 p1rtlcul1rl7 d11crib1d
follov11
IEGIMNlMC for tbe at th iDtrectloa of th aorth1rl7 ri&ht of vay
lioe of fir1iai1 Aw111W1, N.V., vith the vaat1rl7 bouftd1r7 of lock Creek
Park, aid poLac alo bain& 1outhat1rl7 coraer of th aforaaid Lot
11, rn1naia1 tb1ac1 vith 11ld northarl7 rl1ht of vay lia of Vir&inia
,.,, v.
I, Wortb 7l"'2'11" Wat, 30.82 fet to a polot; thence ero1in1 aaid
.Lot 11
2. Korth ztz&'4'" lalt, lit.ZS f11t to a fOlDt oath iaortherly
ll af 1aid tot II; tbee vltb eal 110tth1rly Ilia of aaid Lot 11
J. loutti 11%9'11" IHt, 31.U fHt to a polat; nd
. .
4. loutb 7'"0t'Ol" Ea1t 1 2.SI let to th 90rtJiaa1terl7 cornr of
'' Lot 81; tbeoc vltb i IHHla4ary of lock Creek
rark
' lout 1tz1'4t" V11c 1 lt7.37 ftt to th plc of 1ianln1, eon-
talal .. S,IOt ur f11t or 0.1Jl4 of aa aera of lao4.
6
bta1 part ot lot nov knovn Lot 82, Squira 1171
look 176 Pa 14S 1 e pe:- ;:!.at !n
ae n the Off ice of the Surveyor for h
-
.
, ..
'.
t e bi1trtct nf.Columb13,
'
E2
, N.W.
LIT IOI
. llllWfl! '"'
tt.1Wm ,..,. ..
lU&IC ACCc5S ,4/iD
"ENIC EASEMENT
I W41HING10N 'HM.ooult ASSOCIATES
. 111: #.11TO\M(. "4N<
WASHl1'flTON HAQOl.Jf(

0,.Tl'JC'r or N.IJM81t1
OOll
1100 PllOflUIOlll.t.L PL/I.Cl. \.AlllOOYlll, MAllYLAHO 20l'IS
'Orf O"ICI IOX tIO
'TIUPllONI 1:!011 .. 4200
0
BEN OYER ASSOCIATES, INC.
Septeber 24, 1984
J-7010t
Engineers I Surveyors I Planners
r-1
01sc11n1011
w.o. fU240
(Revied: 9-26-84)
PUILIC ACCESS AID SCENIC EASEMCllT
LOT 97
(now known Lot 82,
Square 1171)
SQUU! 1172
W4SH1MGTOM, DlSTllCT or COLllHllA
b1Ln1 1trlp or prcel of land hrlfter cr1be4
0
In,
throu1h, over and acro11 Loe t7, lquerc 1172, 1hovn on a Plat of
lub41vl1l1n rccor44 ia Cht Offl11 of th lurv17or of the Di1trLcc of
Colu.bl, la look 172 at P& IJ: and b1ln1 or pertlcularly d1cribed
follov1:
. line
IZCJHMIMG for th at a point on the oucherly riaht of v17/of
Vlralnla Avenue, N,W., 1aid point beina tht northe11terl1 corner of the
1ror11aid Loe 97 and runnina thence vith the outline of id Lot 97, the
follovln1 thr (l) cour111:
South 17"00'19" W11c
1
49,00 Ccet to a point;
South 00"01'49" W11t 1
US.OD fut to tht 1outhea1t1rl1 corner of
uid Lot 91; and
J. North 7352'11" Vctt, 26,00 hit to po ht; thence crouln1
Lot 97

llortlt oooat" ii:au, 97.41 hu to a polnt; and
5, llorth 1700'19" Zan, 75."3 f11t to point on U eo11thul1
riahc of v11 lin of V1r1inta Av1nu1, 11.w.: th1nc1 vlth aald
eoutherl1 llH
Hid
I. South 73'2'll" Eaat, 11.00 f11t to the plac1 of be1lnnin1, con-
t&Lnin1 l,tOl tqv1r1 f11t or O.Olt of an acre of land,
beiq part of a lot nov known aa Lot 82, Square 1171 per plat recorded in
Book 176, Page 145 in the Office o( the Surveyor for the Diatrict of Colulllhia,
- -1-
. - - ---.r-- ... - --,- - - .. ...... - .. .
..
. ..
UT It}/
H/.Wf4 ,,,,
,,., ... ,,, ,..,,..,
EXH/Blt F2
I N.W.
,.U&IC AND
"ENIC EASEMENT
l'r.aN I W.$1/IN(J'nJN HA/00i.Jlt. An0"'41!'S
. 1H.v:
WASHINGTON HARIVJUlf.

M$tllNCTOW, DllTIUCT Of'
' ..
1
i
- --.. -- : . .... _ .. _.._.__.:.-. ... ... ,_.4_, .. .. ..
OHi MITllO PLAZA <.
lllO ""Of'UflOlllAL Pl.AC-. LANDOVI", MA1'YL.ANCI 207U
flOtT ""Cl IOll 1411
TIU,_l IJ0114..._
0
EnglnHrs I Surveyors I Pl inners
G-1
'D!SClllPTION
(
lAllT Of t.OT 101, squAJE 1172
WASHINGTON,
1)15?1.tCT or COLUHBU
Jes111ary 16. 1984
J-70109
v.o. 124001
,.beina a part of A.lnt and Ta11:ation Lot No, 801, Square 1172, aod
ba1o& .ora part1cularl7 daacribed follova:
IECtJfKING for th aaae at a point on the 1a1t1rl7 r11ht of vay line of
30th ltrHto lf.V,, add pobt bain1 the northvaaterlJ comer of t:ha afarudd
j Lot IOl, alld runn1n1 tbanca vlth th outline of 1aid Lot 801
1, l"th 73 S2' 11" Zaat, 117.'4 feet to a point; theoce
cro11ta1 aaid Lot 101
2, loutb oo 01' 49" Uaet, 100 feet, .ore or leaa, to a
pobt or CUrYICUTll IDd
l . 106 faat, .ore or l alona the arc of a curve,
d1fl1ctlD1 to th ri&ht, hav1n1 a radiua of 150
faat, more or laae, to a point on th aortherl7 ahore
of tba lotomac liver; thence vtth id northerl7 ahora
I 4. ICorth 41" oa 42" Vut, 103 fHt, r or 1 .... to
th Sntrctloe of id oorth1rly 1hor1, vith .. 14
aaatarl7 r1aht or vey line of lOth Street, N.W.; thence
with aaid aaatarl7 1111
5. ltorth OQ 01
1
49" Eaat
0
161 fHt, ra H laHt tO
ta. plac f 1illll1aa1 coat&inln1 0.47 of ID acre
of laa4, -r or leaa
' .
..
. . ~ : .;
. 1 ..
EXH/8/T GZ
, N.W.
. .
Ln 1t11
llNM/fZ' lfll
n.1w.m ,.,.,.
. . ,
-- .. - - ---- ------ -r-------------i
,.
. ..
, I
...... _ ..... ......... ........ Tyoi, "'""
: 0. llNDHRASlpCIATH,INC.
____ .__
TIUl'HOtll1 fa0114tMJOll
...........

...
---- - .. ....... _ .... --- .... ~ -- ............................. . . ... --" .... "
OIM MrTl'O P&.AZA
(
1100 "'0'UllONAL PV.CI. LMOOVlll, MAllYLA!fl> n1,1
'" OfICI llO '411
TILIPIQll QOll ...-O
0
n9ln11rs / Survevora /Planners
0-3
t>!SCltnlOH
(
.
?ltOPOSEl> LANDSCAPE JltPl.O'IDt!lftS AIU
J.OCX CR!!'l 1Allt
VASHUIGTOH,
DIStalCT or COLUHIU
JUu.&TJ 31
0
1984
J-70109
v.o. 124001
bein1 a part ot lock Creek Perlr., Vahla1ron1 Di1trict of Columbia,
and bc1n1 or particularly deecribcd follov1:
!!CillHili for th ea at point on the vaatcrly boundary of ~ o c k Creek
Park, distant Horth oo 08
1
"9" !eat., lS.00 feet northerly froa the 1outh-
11a1tcrl7 CO'l"llr of Lot 97, Square 1172, hOVD on a plat of eubdivi11on,
recorded iA the Office of cha SuTVyor of the D1etrict of Col1111bia, 1n Plat
loolL 172 at & 13, aod ruUAia1 thuc: acrou aetd loclr. Creek Parlr.
l. louth 40" Y.a1t, 100 feet, more or 111, to a f10lat: end
2. leutb 47 V11t, 7J feet, .ore or l to a flOirlt aa
Lil ve1terly line of llaclr. Creek Park; thence vlth id
Valtarly U.11a
' llorth oo 01' 49" Eat, 115 feet, mer or l to the
pla:a of ba1i11Ala1, c0Sltai.llio1 0.09 of aa c ~ of land,
wore or l
EXH 10/T G4
"1( , N.W.
LIT IOI

f'l1,.._m ,_,..,
'
" I
.':
, ..
.
i
i
g
.... - .. -... ... aMU .. ""'
0.
llMD'l'l"AllOCIATll,INC.
-----
TIU'"ONI: flit') ......aoo
EXHl/!J/T H
jl( I N.W.
Lor KJI
1!11
fl.1Wm ,..,,..,
-..'.;j ,, tttovlat: HOJ..
....... ----- - -- .. ....
., .... _.,_.., -a. u ........ , ..
0
INDHR
..
TILIPMO..I: (11,J qMIOI
.
... ...
............ -----.-...:----.... ... ,_ . .
0111 MITRO PLAZA ( .
1100 rllOl'llllO'IM. Pl,ACI, LANDOYlll, MAl'l'l'l.AND %011&
l'OIT 1011 UIO
Tt:LVHONI IJ0114-200
0
Engineers/ Surv1yon I Pl1nner1
11
D!SCUPTION
(
PAIT or VIP.GINU J.VIHU!, tf.W.
..
January 24, 1984
J70109
v.o. 124001
(TO !! AIAHDOmD)
WASJIINCTOM,
(now part of Lot 82, Square 1171,
per Ronk 176, PARC 14S)
DISTllICT or COLUMBIA
IECIN?llNG for the 1t point at the interaection of the aoutherly
rl&ht of vay line of Vir1inia Avenue, )l,W.,*vith the terly ri&ht of vay
lin of 30th Street, K,V.; th1nc1 with the outline of laid Vir&inia Avenue,
M.W,
1. North oo 011' 49" !alt, 62.42 feet to a po1Dt
0
2. South 73 .52' 11" !alt, 156.93 feet to a point;
3. South 29" 21' 49" V1n, 30,38 feet to point;

South 17 00' 19" Welt, 30.43 feet to a point; and
s. teorth 73 .52' 11" Vut, 132.:'2 feet to th
pl&ce of b111aa1n1
1
contai.Din& B,578 1quar
f11t or 0,1969 of an acra of laad,
bin& part of a lot now known a1 tot 82, Square 1171
Book 176, Pase l4S in the Office of the Surveyor for aa per plat recorded in
the District of Columbia,
..

' .
. . -
. '
,1 :
IZ
AfJNVDONMENT
. . fMTOr
V11'SINll\ AVl!Nl.Jl!
1
N'4/.
WASHIN(ITON HARISfJlJR
SSJff.Gl!TOWN :
DllTtur;r Ol' u.u.IM6114
.............. "6 ... .... ..;.,u.. " ..
0.
llNDYlllAHOCIATll,INC.
T'IUl'ffOtM: Piii ........
..... /\/()(I'
... , . .lotrwu.1'64 ... , .. . :.
'
,, :
. :
. ...... ... _ ...... . --. --- .... _ - -,- .. -----.......
..... ..
ONI MITllO ru.z.t.
1100 PlllOlllllOM4L. v.NDOYlll, MAAVL.ANO 20'1ft
""'" eox 1M
TIUPHONI 0011411:!00

Engi nur1 I Surveyora /Planners
I-l
DESCllPTIOM
leptebr 24, 198'
J-70101
v.o. 125240
PUILlC ACCltSS AJID SCENIC IASDt!MT
1AlT or YllClNlA AYINUI, M.W.
WASHINCTOR, DISTRICT or COLllllIA
(nciv pert of Lot 82, Squar
1171, per Sook 176, Page 145)
bela1 a pert of Virsinla M.W.,*and b1ia1110re. part1cular11
cribed follov1:
l!ClltKlaC for th e at the inter1ection of the aorth1rl7 ri1ht of
vay liae of Viraiaia Avenue, M.W., vith the vc1terl7 llae af lock Creek
Perk, id poiat a110 bina the 1outhterl7 eorar of Lot 11, Square
1171, 11 1h11Vft oa a Plat of lubdivi1lon recorded ia th Offie1 of the
Sul"1'17or of th Dl1trict of Colu.bla, i look 172 at 1 82, and runnlna
theaee ith th 111t1rl7 llit of 1ald Yiraiala Av1nu1, and vith id
v11t1rl7 lln11 of lock Crk rark
1. louth 1t"21'4t" V11t, J0.38 fiat to a poiat; and
1. louth 1700'19" W11t, J0.4) feet to th interectlon of th
1outb1rl7 ll of 1al Vlrciala Au, 1.v vith 1 v11terl7
li of lock Cr1ek rark, aid polat al10 bela1 th aorthCrly
cora1r ef Lot 97, ur 1171, 1hova oo a rlat of lubdivlaion
racr la the Of flc of lb lur117or of the of Col1111bia
I look 172 at a IJ; thc vlth i 1outh1rl7 rlaht of vay
li f Ylralola Av1au1, K.V., ... vith th rth1rl7 line of 11id
l.ot 17
3. lorth 735z11" V11t, 11.00 f11t to polata th1nc1 cro11ia1 1aid
Yir1lala Av1au1
0
1.v.
4. Worth 10St'22" lt, 60.24 feet co polat oa the afor11cid
aorth1rl7 rl&ht of J ll of Ylralala Aveaua, M,V., l line
0111 '11 th 1outh1rl7 1101 of 1ai Lot 11; theaca vlth 1old
u ..
I
. .
' .
I '! ,;,
...... , -:;

.
I4
"X. I N.l'l
..
. ...
. .
..
METES NJO BOUNOS
I
: rt.Jal.IC ACCe8 AND SCENIC EASEMElff
l"N>M I NUHINCITW IWJOUI(. ANOCIAT$
TO I MTl()NAL "'-"'I<.
WASHINGTON HAtCIJOUR
BBJlfMTOWN
MSHINflrON, OllTtCJt:r 0,. COLIJM51A
.....
0
. llNDYIRAUOCIATll,INC.
----
\'ILOMCMC: II") ......
ON( MITflO PLAZA
11111 Pl!.Dl'UllONAL PL.ACI, LAHDOVlll, MARYL.AND 20711
l'OST OIPICl. IO H M
Tl Llf'HONI l:M!l 4MHOO
0
.. , ..

.
.
EnginHrs I Survivors I Plnners
ll!SCllnlO
SC!MIC !ASDC!KT
..
--------- =-- .
lepteber 24, 1914
J-70109
v.o. 125240
PAlT OF VUCtMlA AV!MU!, N,11. (now part of Lot 82, Square 1171)
VASHINCTON, D.C
, bi& part af Vlr1iaia Avenue, 1,11.,*nd beins ora particularly
deecrib follova:
l!CIMNlMC for the t point on tb1 aorth1rl7 rlaht of vay lln of
Virslnia Avenue, K,W,, aaid point aleo beia1 oath aouth1rl1 line of Loe
81, lure 1111, ae hovir on a Plt of lubdivl1lo recorded la th Office
of the Surveror of the D1etrlct of Columbia la look 172 at Pase 82, ditant
30.81 feet vetrly from the northatarly llit of V1r1inia Avenue, and
ruaatna theac aero 1ald Vir1lala Aveaue
1, louth 10"59'22" Weit, 60.24 feet to point oa the 1outherly ri1ht
of vay lia1 of 1ald Vlr&inla Aveaue, M,W,, id lloe leo belns
th aortb1rl7 ll of Lot 91, 1171, 1hova on a Plat of
lubdlv11lon recorded la the Office of the Surveyor of the D11trict
of Col1111bia, la look 172 at s IJ; thence vlth aaid line
2. Jorth 7l"S2'Jl" Wut, 10.12 fHt to a polat; thence croui111 Hid
Vlr1iala Aveue, M.V.
J. lorth 01"2S
1
J9" lt, 60,,4 feet t a polat o the aforeald
aartrl7 r11ht of ve7 li of Yiraiala Aue, M.W.; tlleace vit
part of aald line n vit t 10Ytherl1 ll af l Lot 11
4, louth 7352'11" ta1t, 12.14 feet to t plaee of 1lln1, con-
c.lalnl 61t ur f11t or 0.0151 an acre of lead.
being part of lot nov known Lot 62, Square ll7l per plat recorded in
!ook 176, Paae in the Office of the Surveyor for the District of Columbia,
;.

EXHJelT IG
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. N.W.
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S<2NIC
l'N)l.J : WMl/INtlTON HANslJU( MMJC(ATft
'TO r M4not.w. lllWC MIWIU.
WASHINGTON HARBOUR
. :. SEOl<CSTOWN.
rtA,,.,INtrrON, DllTNt:T 01' COLIJMtJtA
J' ;
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0.
llND'l"IAAHOCIATU,INC.
--------
ftLIPMOHI: Pitt ......
. ..... . . ... : .... - ... -------.;.-., ._ ll
ONI wmo LAZ..,
(
ltOO PU.Cl, LANDOYI", """"LAND 201"
POn D"'ICI IOX 14IO
TILlf'ltONI 1100
0
En9lnHr1 / Sur1vors. / Pl1nn1rs
J-1
DESClIPTIOll
IOAlDWALIC Alu.
SQUAl! 1173
WASHINGTON,
DISTJtICT or coill)(BIA
J-U&rJ' 160 1984
J-70109
v.o. 124001
(llevisad: 1-23-84)
(l1Vi1sd: 9-26-14)
beln1 a trip or parcel o! land hrinafter described as part of the
Potoa&c lt.1v1r, and b1tn1 wora particularly d11crib1d 81
&!GINNING for th s ... at th int1r11ctioQ of th northarly ahore of th
Pota.ac liver, vith tha westerly rt1ht of w.y 11n of lOth Street, M.v., 11id
point b1in1 th southeaatarly corner of Lot 102, Squar 1173, 1hovn on a
of 1ubdivi1ion, recorded in Che Offica of the Survayor of the District of
Colu.bia, iQ look 172 at a11 84, and rulUliD& thence vith th& southerly 1xten1ion
of 1ai4 v11t1rly riaht of v1y line of 30th Streat, N.V.
l. Soutb oo 11' 10" V11t, 10.'4 hat to a point; thence
cro11io1 tha Poto.ac a1ver, the follov1n1 fSve (5) coursea:
2. Jlorth 65 53' 49" V11t, 284,58 feat to a point;
3. 66.ZS feet aloo1 tha arc of curve, d1flectin1 to the
ritht, hado1 radiua of 209.46 t .. t ud a cbori baadna
lorcb 79 44' 30" V11t, '''' ft to a 11Dioc of coapound
crvatura
' 17,lt faet aloo1 the arc of a eurva, defl1cclo1 th
r11bt, havta1 a radlu1 of 169,46 ft and a chord b1arln1
llertb ss 56' 25" Weat, 16.23 fot co a point of co.poUlld
CUTTltur .
7.0J ft low& tba arc of curve, dafl1cttn1 to tha
rl1bc, bavtn1 1 rldius of 116.96 feat alMI a chord b11rta1
-.irth 19 21' Sl" Wast, 7.0l ft a point; &Ad
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De.cd,Uon
loardwalk Al' ..
Square 1173
Va1ll1111ton, J>,C.
c.
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6. llortb 65
9
06' 13" Wen, 142.02 feet ta a palllc: cheace
with aautberly extaDlllon of the .. at'&'lJ of 'fJ
liDll of 311t lt'&'eat, H.w.
7. llor,th oo 10' .55" l!:aH., 11.01 feet to th eouthvtl'lJ
coraer of eaid Lot 102; thee vith th eouthnly outU.ae
Of Hid 102
I, South 65 06 t 13" Zalt, 308, 94 fHt to a }'Olftti and
t. South 65 53' 49" !ast, 273.00 fut to the place of
bc11Aohl1
1
coocainin& 7,64R 1quar feet or 0.17S6 of
all acre of laad.
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Janua'&'y 16, 1984
J-70109
v.o. 124001
(Revl1ed: l-2>-84)
(Revl1ed1 9-26-84)
EXHIBIT J2
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J< N.W.
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NOTE: F'ropo!.Cd
lmprovemen-1- 1'o be 4
and Mainloined
b<f Developer.
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.TILUM01111 .... ,, .......
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i. 'l'b wording of th aivn ahaU be liait4 to the
1tor n ... only, and uch name hall not include any itema
1014 th.re.
. 2. u of hil4
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cre1t., logo, or
, 1.na19niH vUl b parmitt.ed provided auc:h corporate :.
't&i14, cret, lofo, or inai9fti&1 aball not. axc .. 4
th average hifht for ivn lttr.
3. Multiple or repetitive aicpiin1 will be allowed
only vitb th approval of t.h National Park lervic pro
vided t.h area of 1ucb d9nin9 conform to th limitat.iona
t forth herein
.c. All .tvna and iantifyin9 11&rk1 1hall b within
th limitat.iona of th ai9n facia panel aa t forth
hereinafter.
5. 'l'h avera9 hel9ht of ign letter or coniponenta
on ator ahall not exceed eighteen (18) inch
6. Th extra1e outer lilllJ. ta of ai;n letters, com-
ponents, or inai9nia ahall fall within a rectanqle, the
tvo ahort aid of which 1hall not fall closer than 24"
to th aide l lin of th IAaaed Premiaea1 the top
side of which hall fall no cloaer than ,. to th aoffit
or ceiling of th buildin9 fascia element. No part of
th aivn lttr ahall hnf free of the background when
aucb bacJ( ground i provided.
7. Sign projecting beyond the l line of any
Lea1ed Pre.mi more than two (2) inch shall be permitted
al.abject to National Park Service' aol di1cretion and
approval.
1. Prohibited 'l'yp of li9na or Sign co119onent
1. Movin9 or rotating igna.
2. igna employin9 mcvin9 or tla1hin9 light.a.
l. Sii?1 eniploying exposed raceway, ballast box
or tranatonDer.
li;ns exhibiting the n ... 1, or decal of
U.e itn aanufact\IZ'er or inat&ller.
5. Signa of box or type 41q1loyin9 Uan-
pernt, tranalucent or luminoua plaatic background panl.
Siift amployin9 luminoWI vacuwa-forme4 type plastic
lttra.
7, Cloth, paper or cardboard aigna, ticker or cecal
aign. around or on exterior urfacea of th Leaaed Prellli
ZXJ!IBIT JC
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SIGN CRITERIA
Page 2
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1. ... noi..,makinf devi an4 eo111ponent.
t. litn letter Yllbol or identification of any
nature paintd directly on urf ac extrior to the Le4
rr.aie.
10. Pre-tandin9 litn
. 11. 119na uployin9 anedJd or uncappecS plaatic l.t.tua
no return and astenint
12. Rooftop ivn
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lp1oifip1gion1 tor Sb
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!b!J:!111tt\ion of tht CtO
Tidel Jeck
TO rehuilitat t.be tidal lock, 111 require4 visible lemtn'u
vhiclt are 11iaain9 ue to be authenUa reconstruction in
tuu of 11Aterial1, material texture and th color. !th
wit.bout the daa, cannot be an operational loct:
A.
l. Th lock v1U1 will be faced with tone. 'l'h tone
v111 !Xtln4, ainiaum, from 2 fiat btlow the m1an low
vat1r 11 to top of t.b v111. Occa1ional 1ton1 imitational
concr1t1 block aay be u11d 11 facing. Th concret1 block,
if u11d, mu1t b1 to the ton 1pecific1tion1 to th ize.
2. '?ht lock 91t11 will be factual, including th
butterfly valve1.
3. Th tr and brush on th ve1t aide of the lock
will be rmnoved.
4. Th intact portion of tone wall will remain in
place. The damaged atones Jll&Y have tc be repaired with
concrete.
S. 'Kher out of ali'lft111nt, th atone wall will b
rligne4 to original confi9uration.
6. 1'h ailt will be re1110ved trom th lock to th
ori9in1l lock 1loor.
7. National Park rvice will prep1r1 t.be statements
needed to rehabilitate the hiatorical 1tructure1.
1. con.truction
To r!habilitate th tidal lock, it will b n1cesa1ry to
d!Vtr th lock by'd&Jllllin9 th entrance and outl1t of
th lock. lwmp pump in th lock vill be ndd to control
th ..,.,
Th! ilt. in th lock will b excavated and 11 ton in
th fill vill b recovered and und9Aa9ed atone vill b
. ued in tb axpoHd wall.
once th lock ha be1n dwatr4 and the ilt. ruiova4, an
inv.ntory will be aade to th n'IJllbr and quality of all
the ton and evaluate th truct.ural 4ef1c:ienci of th
lock.
ton below t.b low .. an water lYl .. Y ba uaad to
replace tha alain9 expo1d tone!. '?he re1110ved atones
belo. vatr concr6t..
When th lock vall Hat.ionm 4*9ecl, th wall will be
rebuilt with ori9inll tont! or; hou14 thue be insufficient
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h9e TWO
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xitint to't wall will be con1tructe4
and t.h camlllnat:lon of exiatin9 1tonea and concrete ton
vUl fao t.h new auuotural vall. TO lliniJIU t.he IUin.te
nanc t.h face ton houl4 b attachd to th atructural
va11.
Th lock 9at will ii lnlilt vit.h t.h buttufly.-valn
utiliainf factual aatrlala. Slightly defective.butterfly
va1T in th 9at vill b aati1factozy ainc th lock
.,ul not b functional lock.
II
J.
If th oritinal aton in th lock are not auffici.at to
face th 9Xpoaed wall, additional ton mAY have to b
ilaported. It u:r b p0Hi1:11e to utilise 1tonH from
4ecOlllliiond bridt on Hational Park property if
available.
National Park service vill approve t.h atonea, and th
mortar, includin; th color.
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11 l'NH'nll0"4\. PLAc:l. LAHDOVlll, MUIYLAHO J01H
rQIT Ol'PICt IOX HIO
Tll.1'9IOllll llO'lt...,_
o .
EnglnHra /Surveyors/ Pl1nners
H-1
DESCUPTIOf
:ZVHTY ll'OOT ICllllC l.AllXl:llT
leptr ll, 1914
J-70109
v.o. 125240
(llcvid: 1 ~ 1 2 - 8 4
LOT 11, SQUAii 1171 (now Lot 82, Squere 1171)
VASHUICTON
DlSTIICT OF COLllllIA
beln1 1 tventJ (20) foot wide trlp or parcel of land, hereinafter
d1crib14 ia, throu1h, over ead acro11 Lot 11, l4uar1 1171, 1hovn on a
flat of lubdii1ion recorded la the Office of the lurt17or of the Di1trict
of Col1111bJa, la look 172 et P1 12:aad bcin1110re partlcularl7 dc1cribed
a follow:
IEGIMRING for the ... , at a polat oa the 1t1rl1 ri1ht of vey line of
_30t ltreet, x.v., 1eid poiat belc th eortv11terl1 corner of the afor1-
1id L.ot 11, aad runoiaa thence vlth 1 p1rt of the aorth1rl7 line of 1aid
Lot II
1. lout 77)0
1
11 l11t, 7.03 fttt to polat: th1ac1 cro1in1 11id
Lot 11, th follovlas three (3) cour
z. loutk 7z16
1
J1 la1t, ll).13 fiat to olt th v11t1rl7 liac
ef 10 ltl1 coale 1at1raac1 1 V11hin1toa lrour
&.1oci1t1 to tloael rk lr<ric1; tc vit a rt of I
trl1 llae, a coatiula1 aero ,.,. Lot 11
J. ...,. z92149M V11t, 10.42 f1et t. poiat; thence coatlauln1
acr 111 L.ot II
: 4. rorth 1116
1
J1'v11t, 179.11 ft to lat oa tho aforl
.. ,torlr rl1kt of r lln1 of lOtk ltreat, 1.v.
1
aal Ila al10
l1 tbe 11t1rl7 liao of l Lot 11; tkoace vitb part of aald
u
l'OTONAC
1
MZ
-
fO I SCENIC EASEMENT
ASSOCIAT5
TI7' NA7D'.ML. /WV(. SBfJllCe
WASHINGTON HARllOUR
ll!OMl:TOWN
l'iAll"IHtln'ON, IHITtCCT fJI#
.:....-....0..:. .::i= .:.::-.=,_..,....,,,.,...,....., _____ .-_________ ....
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flUl'MOlill: , .. ,, .......
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OMI llllT'IO Pl.AZA
11DCI '"Oflll!OM4'. nAl;a, LANDOYlll, MAllYLANO I0111
POIT O"ICI IOIC 1<llO
TIUPttONl IJ011 _.,.
o.
En1ln1tn I Surveyors/ Plannen
Ml
DUCllP?lOM
Ill FOOT PUBLIC ACCESS !AS!H!MT
11. 1984
J-7010t
v.o. 125240
, , t-11-84
LO? 81, IQU.ll! 1171 (Lot 82, Square 1171)
WASlllllCTOl'I
DlST&lCT or COLllllA
bei1 l (6) foot vld trip or parcel of land, hcreineftcr
cribd la, tbrousb, rand 1cro11 Lot 11, lquare 1171, hovn on
Plat ef lubdllion recordd la the Offic of the lurv17or of th Ditrict
I
f Col,,..bi, ia look 17Z t P& IZ,*nd b1ln1 r particularly described
r.11-11
IEG1'"'11C for the ... e t ,oiat oa tb ea1terl7 risht of vey line of
)Otb ltrt
1
1,v., id lat lo bln1 thl aorthve1t1rl7 coraer of the
1f1r111ld Lot 11
1
aa4 tbeace with the aortberl7 lin1 of aaid Lot
11 1 &Ad taloa thereof, cro1i1 ld Lot 11
l. loath 773011 lt, 204.71 felt to. rolt th ve1t1rl7 line
of a public ace 19' acealc ... t to h 1r1at1d by V11hln1tan
lrbour A.11oct1t1, to latloaal Prb lricei thence vith a part
of aid terl7 line, aero a1ld 1.ot 81
2, lYtb 19114tN Wt, 6.Z7 f11t ta a potoc; thence cantlauin1
aero id Lot 11
3, lortb 77Jo11w Wet
1
201.65 feet to polat oa tb1 afore1ald
t1rl7 rl1bt of va7 of 30cb l.V., eald lia1 alao beln1
the W11t1rl7 liae of aid Lat 11; thence vltb part of id line
I
4. ..rtb oo01I4'N laet
1
6.14 feet/ to tbe place of bcaiania& 1 COa-
tA1G1"i ,:17 'l"Ar tee.t t)[ C.C%10 e;f iiQ a.:r.m v: leacl.
b Ii ' . I
na part of a lat nov known Lot 82, Square 1171
Book 176, Paa 145 in the Office of the Sutveyor for
ae per pl1t recorded in
the Dietrice of Columbia,
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EXH/l'IT N2
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EXHIB.
AFFIRMATION OF COVENANTS
TRIS AFFIRMATION OF COVENANTS is made as of
September 15, 1988 by WASHINGTON HARBOUR ASSOCIATES LIMITED
PARTNERSHIP ("WHALP"), a District ot Columbia limited
partnerahip, and HARBOUR ASSOCIATES ("KA"), a District of
Columbia 9eneral partnership.
WHEREAS, a certain deed (the "Deed") dated January 7,
1985, waa executed by Washinqton Harbour Associates ("WHA"),
Georgetown Potomac company ("GPC"), Mount Clare Propertiea
(D.C.) Inc., and the United States o! America, which created
specified riqhta and obliqations between the parties and certain
aceeaa and scenic easement on, .1ntA1: .IJJ..A, portions ot Lot 102,
Square 1173, in the Diatrict ot Columl>ia, a more particularly
described therein (the "Property");
WHEREAS, WHALP is the successor in interest to WHA with
respect to the improvement on the Property: and
WHEREAS HA ia another successor in interest to WHA and
th holder of certain beneficial rights which may relate to the
Property.
follows:
NOW THEREFOR!, the parties hereto do hereby aqree as
l. WHALP, as successor in interest to WHA hereby
aaaumes all of the right and is bound by all of
the obligations and covenants of WHJ. set forth in
the Dd.
2. HA is executinq thia Affirmation o! Covenants for
the purpose of subjecting all Of its legal,
beneficial and other interests in the Property (if
any) to the Deed. :
IH WITNESS WHEREOF, Waahin9ton Harbour Associates
Liited Partnership, a District of ColulRbia limited partnership
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,
and Harbour Associates, a District of Columbia qeneral
partnership have caused this instrument to be executed under
seal a of the day and year first above written by their
mana9in9 general partner and manaqinq partner, respectively:
CSX Resources, Inc. - Gaorqatown, a Virginia corporation, which
haa caused this instrument to be siqned in its name by 6}4 Laut(i.. .
, attested by t&.<u..4 :,
"*'i/'""a . ,_. its &1 wL .. and its corporate seal
to be hereunto affixed and said CSX Resources Inc. - Georgetown
don hereby constitute and appoint Iba b// ... /kadlwts true
and lawful attorney-in-fact to acknowledge and deliver this
instrument as its act and deed manaqinq general partner of
Washinqton Harbour Associate.s I.imited Partnership and as
na9in9 partner of Harbour Associates.
By:

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WASHINGTON HARBOUR ASSOCIATES
LIMITED PARTNERSHIP,
By:
HARBOUR ASSOCIATES
By:
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State of Virqinia
city of
I .... , a Notary Public in and for the
abOV9riierencetrur ction, do hereby certify that
who is named attorney-in-fact tor
CSX RESOURCES, INC. - GEORGETOWN, a Virqinia Corporation that is
(i) manaqinq qeneral partner of WASJfINGTON HARBOUR ASSOCIATES
LIMIT!O PARTNERSHIP., a District of Columbia limited partnership
and (ii) 11ana9in9 partner of HARBOUR ASSOCIATES, a District of
Columbia qeneral partnership, which executed the foreqoinq aod
attached Affirmation of Covenants, bearinq the date of
ot , 1988, appeared before ae in aa1d
jurhdcatiOn, th said /!.uu{ <U4/L - M%i<a a(.4., being
peronally vell-known to me as (or proved by the oath of
credible witness to be) the person named herein and said
ty:k, <L - d!z.a 4"'-'- acknowledqed the same to be the aet"""
and deed of said corporation: (i) on behalf ot aid
corporation, (ii) on behalf of WASHINGTON HARBOUR ASSOCIATES
L.IMITED PARTNERSHIP, a.a manaqinq qenerl partner thereof, and
(iii) on behalf of HARBOUR ASSOCIATES, a a managinq partner
thereof, and delivers the same a uch.
Civen under my hand and seal thia of -:.H;;..z:z+.,,
1988.
AC-HPS,WHA/mari
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E<lllllLT 2
Rosewood Georqetown Joint Venture, a TX joint
venture, is the transferee of certain real property known as
Lot 82, Square ll71 in Washington, o.c. (the "Property") !rom
Hount Clare Properties, Inc., a Maryland corporation,
(succor by merqer with Mount Clare Propertie (O.C.}, Inc.,
a Maryland corporation) by virtua of a Deed dated December 9,
1985, and recorded on December 9, 1985 as Instrument No. 46277
among the Records Of the Office of the Recorder of Deeds of the
District of Columbia. This affirmation is executed for the
purpose of acknowledging that Rosewood Georgetown Joint Venture
aa th transferee of Mount Clare Properties, Inc. ha assumed
all of the riqhts and is bound by all of the obligations and
covenants or Mount Clare Properties, Inc. which run with the
Property as set forth in that certain Deed dated 7,
1985, between Washington Harbour Associates, a District of
Columbia partnership, Georqetovn Potomac company, a Delaware
corporation, Mount Clare Properties (D.C. ) Inc., a Maryland
corporation, and the United state o! America attached hereto
and made a part hereof,
IN WITNESS 'WHEREOF, Rosevood Georgetown Joint venture
has caused this Affinuation to be executed as of June 28, 1988
by it venturers Rosewood Hotela-Georqetown, Inc., a Texas
corporation, and Rosewood Properties-Georgetown, Inc., a
Delaware corporation; and Rosewood Hotels-Georgetown, Inc.,
caused this instrument to be aiqned in its nae by
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129114
Fwd: Copy of Mr Camps docs
Lisa Mendelson-lelmini <lisa_mendelson-ielmini @nps.goV>
To: Steve Whitesell
202-297-1338 cell
202-619-7023 office
From: Tammy Stidham <tammy_stidham@nps.goV>
Date: January 23, 2013 7:35:57 AM EST
To: "l isa_mondelson-ielmini@nps.gov' <lisa_mendelson-ielmini @nps .goV>
Cc: Peter May <Peter_May@nps.gov>
Subject: Re: Copy of Mr Camps docs
Wed, Jan 23, 2013 at 7:58 AM
Yes - Melissa and I spent most of yesterday digging through the flies and reading. We are getting
back together at 10 this morning. I will send everything then along with the results of our revi ew
after we tal k this morning.
Tammy
Tammy Stidham
1100 Ohio Drive SW
Washington.DC 20242
202-619-7474 office
202-438-0028 cell
On Jan 23, 2013, at 7:15 AM, "l isa_mendelson-ielmir:ii@nps.gov" <lisa_mendelson-ielmini@nps.
goV> wrote:
Hi there, I hear you ha1.e the docs mr Camp shared in Friday. Were you going to
scan and send to us all? We'd like a closer look. Thanks so much, lisa
ttps:llmail.google.coml maillb/ 152/u/Ol?ui=2&ik=f534768664&view=pt&cat=Jack's Boathouse&search= .. . 1/ 2
/29lll!IPARTMENT OF THE INTERIOR Mail . Fwd: Copy of Mr Ct1mps docs
Nat ional Park Servi ce
202-297-1338 cell
202-619-7023 offi ce
ltps ;//mall.google. com/mall/bl 152/u/O/?ui=2&ik=f 534 768664&v iew=pt&cnt =Jack's Boothollse&search= .. . 2/2
Wll 'l'NPS Responds to Jack's Boathouse Conflict - Georgetown, DC P ...
NPS Responds to Jack's Boathouse Conflict - Georgetown, DC Patch
tammy_stldham@nps.gov <tammy_stidham@nps.goV> Wed, Jan 23, 2013 at 7:15 AM
To: Peter May <Peter_May@nps.goV>, Steve Whitesell <Steve_Whitesell@nps.goV>, Lisa Mendelson-lelmini
<Lisa_Mendelson-lelmini@nps .goV>, tara_morrlson@nps.gov, steve _lebel@nps ,gov, jennifer _mummart@nps.gov
http://georgetown.patch.com/articles/nps-responds-to-jack-s-boathouse-conflict?ncid=newsltuspatc00000001
Tammy Stidham
National Park Ser..1ce
1100 Ohio Drive SW
Washington.DC 20242
202-619-7474 office
202-438-0028 cell
lips :I /mail.google .com/ mail/bi 152/u/O/?ui=2&ik =f 534 768664&v lew pt&catllJack' s Bo:ithouse&search= .. . 111
ponds to J!lck' Boatho\1se Conflict Govomrnont Goorgetown, DC Patch
Georgetown
News I Government
NPS Responds to Jack' s Boathouse Conflict
The Nat ional Park Service is seeking to create a new contract for a boat house operat ion on the
Georgetown wat erf ront.
Posted by ShaL!n Courtney (Editor), Janua ry 23, 20 13 at 12: 21 AM
More
rward wit l1 plans to create a new contract for a
terfront as t he agency explores recent allegations
by current tenant Jack' s Boathouse t hat NPS does not have j urisdiction over t he property.
"We believe t hat we have f ull jurisdiction of the Georgetown waterfront park, " Jennifer
Mummart , the acting NPS associate regional director for communicat ions in t he national capital
region, told Patch.
But Friday, Jack's owner Paul Simkin and his attorney Charles Camp told Patch t hey believe
NPS no longer has jurisdiction over t he Georget own waterfront and t hat control actually
should have reverted to the District government years ago.
"We are looking into it , " Mummart said.
Interested in getting Georgetown Patch directly into your inbox each morning? Learn
more about our daily newsletter.
She said she was not "privy" to any conversations t hat might be going on between the
Dist rict and f ederal goverments and could not comment ot her t han to say her agency was
reviewing relevant do cu rnents .
NPS issued a Request for Qualificat ions (RFQ) for a contract t o operat e a boat rental operation
at 3500 K Street on Friday.
eorgetown. pate h. com/ groups/ polltlcs-iind-elect!ons/p/ nps-res po11ds-t o-J11c k-s-boat house-conf !ict 1/4
jllSliOll to Jack's Boathouse Conflict - Government - Goorgetown, DC Patol1
Mummart said a new contract was necessary because Simkin's name does not appear on the
Jack' s Boathouse lease, which dates back to 1973 and which the agency inherited when the
District transferred the waterfront property t o NPS in the 1980s.
Mummart said wt1en NPS discovered t he lease issue, t he agency realized there was "no legal
way" to enter into a longer contract with Simkin.
Instead NPS is seeking a concession contract, which is "consistent
11
with how NPS operat es in
other parks , explained Mummart .
Responses are due Feb. 6 and NPS plans to award a contract by the end of that month.
Patch asked if t he plans to release the non- motorized boathouse zone feasibility study played
any part in the quick turnaround on the contract, Mummart said, "I don't know that it is
influenced at all by that."
Mummart said the NPS wants to make sure there is a vendor in place, whether it is Simkin or
someone else, so that visitors to the waterfront have a place t o rent boats and to enjoy the
Potomac River t ti is spring.
When asked whet her t he jurisdiction question might impact the new contract timeline,
Mummart said, "There's no talk of detaying t he process. "
Related content :
Jack's Boathouse Fighting Potential Oust er by NPS
Waterfront Boat house Zone Plan Pending Jack's Boathouse Resolution
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eorgetown.patch.com/groups/polltlcs-and-elaotlons/p/nps-respondsto-Jack-s-boalhouse-conflict 2/4
R1M!li!- l)o'ils the Park Service still own the Geor(1etown Waterfront? A ...
Does the Park Service still own the Georgetown Waterfront? -All Opinions
Are Local - The Washington Post
tammy_stidham@nps.gov <tammy_stidham@nps.gov.> Wed, Jan 23, 2013 at 7:00 AM
To: Peter May <Peter_May@nps. gov.>, Ste1ie Whitesell <Steve_Whi tesell@nps. gov.>, Lisa Mendelson-lelmini
<Lisa_Mendelson-lelmini@nps.gov.>, tara_morrison@nps.gov. jennifer_mummart@nps.gov
htt p://www. was hi ngtonpos t. com/biogs/ all-opi nions-are-local/pos ti does-the-park-service-st ill-own-the-georgetown-
waterfront/2013/01 /22/f8421 af6-64c0-11e2-b84d-21c7b65985ee_blog. html
Tammy Stidham
National Park SeNce
1100 Ohio Drive SW
Washington,DC 20242
202-619-7474 office
202-438-0028 cell
ttps ://mall.googlo.com/mail/b/ 152/u/O/?ui=2&ik=! 534 768664&v ieW=pt&cal =Jack's Boathouse&search= ... 1/1
129114 Does the Park Service sllll own the Georgetown Waterfront? All Opinions /lie Local The Washlngto ...
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A 10 111111 on hot topic$ Ir o.c., Maryl and Md Virginl.1
Polod al 01 :52 PM ET, 01/22/2013
Does the Park Servi ce still own tho Georgetown
Waterfront?
By
MATHEW5
As reported ovor tile weekend by
J:aper, Paul Simkin, the O'MlBr O( Jock's BathouSCl, IS
asserting tho the ParK Sorvlce no longar owns
the Georgetov.n waterfront .
Sitnkln's assertion is based upon a rGadlng of the original
council rcSOllllon regarding the transfer of tho Iona from the city to NPS
In 1965. Tho resolution provldos that the transror will revert to tho city If
there are any amendments to the deed. Thero h11ve boon too
amendments, in 2000 and 2005.
My worst grade In law school was In properly law, so Ile has zero ioea
how strong a case Si mkin has, Wt"f lnltlal thought Is that It's not terribly
strong since the reversion 1an9u11ge Is in a council resolution anct not
the docd of trensfer ltselr. But th:;it's a C-plus property law student
talking.
But setting asido the legal Issue, What II.Quid be the ramifications if
Si mkin is r ight? Pretty big. As JacK t:vans pointed out In the City Paper
article, it would mean the city has to pay to maintain the park, somothlng
It's in a much better position to oo that now than in 1985 {let alono
1995).
The park muld immediately become o crown j ewel in me city's park
portfolio. And wtiile I have somo concerns about the city's ability to
maintain it, I would be very interested to see v.i1at ma city could do with
the park. Th11t's because the park currently strains under NPS's
orthodoxy regarding passive enjoyment" of the park. Undor this
pt1ilosophy, no organized events or activities can tako place In the parK.
[Conlioue reading Tophcr Mathews's post here at The Georgotov.n
Motropolltan.J
Ioaher Mal/Jews biogs al Mu(fopoh(1111... The LOCIJ/
Blog Notwork Is s group or bloggers from aro1111d tbs D. C. rog/on l\ho
havo agreed to make regular contributions to All Opinions Aro Local.
i Ol ;S2PM ET, 01122/2013
TwHI Q
TO&l Comme nts All Com men ts
!.Jtl New e&l Fkst
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29114 Doei; the Park Service still own the Georgetown Waterfront? - All Opinions Na Local. The Washlngto ...
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213
119/1111 - Ro: oxctiimge of letters re: transl er of jurisdiction over Goorgeto ...
Re: exchange of letters re: transfer of jurisdiction over Georgetown
Waterfront
LeBel, Steve <ste...e_lebel@nps.gov> Tue, Jan 22, 2013 at 9:49 AM
To: "Mooza, Melissa" <melissa_mooza@nps.gov>
Cc: Brian Woodbury <brian_woodbury@nps.gov>, Peter May <Peter_May@nps.gov>, Ste...e Whitesell
<Steve_Whitesell @nps.gov>, Lisa Mendelson <lisa_mendelson-ielmini @nps.gov>
Thanks Melissa, l'-.e shared this broadly.
On Tue, Jan 22, 2013 at 8:02 AM, Mooza, Melissa <melissa_mooza@nps.gov> wrote:
Hi , Steve,
Over the weekend, I read onllne about Paul Simkin's statements concerning the reverslonary clause referenced
in the 1985 DC Council Resolution.
I'm not sure if this might be helpful to us or not (not having seen the 1/7/85 deed or its purported amendments),
but the "exchange of letters'' between the City and the NPS, which was required by the above-referenced
Resolution, included a modification of the reversionary clause that did not appear In the Resolution itself.
While the Resolution referred generally to any amendment, the "exchange of letters" required by the
Resolution referred to amendments other than those that are technical or insubstantial. (See point 4 on page 2
of the letter from the NCR RD to Mayor Barry.)
I've attached to this message a copy of the "exchange of letters," which I found in the file we have in our office
on the Waterfront transfer.
Again, I'm not sure if this might be helpful or not , or whether you may ha...e this letter In your own flies, but I
thought it would be worth sharing in any case.
Best,
Melissa
Melissa R. Mooza
Deputy Chief of Lands
National Capi tal Region/ National Park Service
1100 Ohio Drive SW
202-619-7079 (phone) I 202-619-7420 (fax)
Melissa_Mooza@nps.gov
Steve LeBel
1/2
R?911b1 Rf'; of letters re: transfer of jurisdiciion over Goorgeto ...
Phone: (202) 619-7072
Fax: (202) 619-7157
for the use of the indi"1duals to whom it is sent. Any privi lege is not waived by \lirtue of this ha\ling been sent by
message in error, please contact t11e sender.
ltps://mail. google.corn/mall/b/152/u/O/?ul 2&ik=f 534 768664&v iew=pt&cat =Jack's Boathouse&search= . .
2/2
(b) (6)
(b) (6)
/29114 DEPARTME;NT Of THE INTERIOR M11!1 - Why I signed I grew up In
Why I signed -- I grew up in
- mail@change.org>

Sun, Jan 20, 2013 at 2:37 PM
Change,org.
I grew up in DC and its important to keep these landmarks
....
den'..r, Colorado
There are now 2518 signatures on this petition. Read reasons why people are signing. and respond to Jesse B
http://www.change.org/p0ti tions/natlonal-park-serv!ce-sa1;e-jack-s-boat house-from-closure?response=
29a27107fe 70
llps:I l mail.google.coml maill b/152/u/Ol?ui =2&ik=f 534 768664&v lew pt&cataJack's Boethouse&search ...
(b) (6)
(b) (6)
129/aEPARTMENT OF THE INlERIOR Mail -Why I signed --1 have lived in
Why I signed -- I have lived in
----- ----- - -----
mail@change.org>
To: Ste\ie_Whitesell@nps.gov
Dear Ste\ie Whitesell, Regional Director (National Park Service),
Sun. Jan 20. 2013 at 8:52 AM
Change.org.
I have l i ~ in DC and when the whether is great Jack's boathouse is always the perfect outdoor activity!
Please do not close it!!
..........
Charleston, South Carolina
http: If www. change. orgf petitions/ nat ional-park-s ervi ce-s ava-j ac k-s-boat ho us e-from-c los ure?res ponse=
29a27107fe 70
tlps ://mall .googl o.com/malllb/ 1521u/O/?ul,,2&1k" f 634 768664&v leW"p1&ca1" Jack'e Bo<i1house&search= ...
1/ 1
(b) (6)
(b) (6)
iE!elT-OF THE INTERIOR Mail - Why I signed -- Jsck'e Boi;ithouse provides
Why I signed -- Jack's Boathouse provides
mail@change.org>
To: Ste\e_Whitesell@nps.gov
Sun, Jan 20, 2013 at 7:46 AM
I just signed Jesse B Rauoh's petition ''National Park Service: Save Jack's Boathouse from Closure!" on
Change.org.
Jack's Boathouse provides one on the best ways to show how Federal, Maryland, Virginia, and DC
governments ha'IA;! restored and conserved the Potomac and provides an excellent means for the public to
benefit In the results. Jack's Boathouse promotes successful government policies and should be thanked and
maintained, not closed because of bureaucratic policies that are work against small businesses.
Sincerely,
Gaithersburg, Maryland
http://www.change.org/ petitions/national-park-service-save-jack-s-boathouse-from-closure?response=
29a27107fe 70
ttps ://mail.google,com/msil/b/152/u/O/?ui"2&ik"f 534 7686648.v levr-pt&cat" Jack's Boathouse&semch.,. 1/1
(b) (6)
(b) (6)
Why I signed This is a CITY
- mail@change.org>
Sun, Jan 20, 2013 at 6:34 AM
Change.org.
This is a CITY park, beautifully maintained and managed very cost-effecti....ely. The NPS has no ri ght to take it
over. They need to get out, to back off.
Fem Park, Florida
http://www.change.org/petitions/national-park-service-sa....ejack-s-boathouse-from-closure?response=
29a27107fe 70
(b) (6)
(b) (6)
'ARTMENT OF THE INTERIOR Mall Why I signed Jacks Boathouse Is a
Why I signed -- Jacks Boathouse is a
<mail@change.org>
To: Ste'.19_Whltesell@nps.gov
Dear Ste\19 Whitesell, Regional Director (National Park Serv1ce),
Sat, Jan 19, 2013 at 10:13 PM
Change.erg.
Jacks Boathouse is a wonderful retreat for me in DC. Leave it alone!!!!
.....
http://www. change. org/ petitions/ national-pa rk-s e rvi ce-s a\13-jac k-s-boathouse-from-c los ure ?response=
29a27107fe70
ttps ://mall.google. com/ mall/b/152/u/O/?ul=2&ik=f 531l 768664&v iew=pl&cal =Jack's Boatt1ouee&search
1/ 1
(b) (6)
(b) (6)
lll!llllM OF THE INTERIOR Mail - Why I signed -Some tt1ings should nover
Why I signed Some thi ngs should never
mai l@change.org>
Sat, Jan 19; 2013 at 9:49 PM
Change.erg.
Sarne things should never change.
--
Arlington, Texas
29a27107fe 70
ttps ://mall.google. com/rnail/b/ 152/u/O/?ul=2&1k f 634 768664&v lew=pt&cat =Jack's Boathouso&so:iroh. ,. 1/1
(b) (6)
(b) (6)
129JtiPARTMENT OF THE INTERI OR Mall Why I signed - One more bit of
' , .
>
.
.. .
II
Why I signed -- One more bit of
<mail@change.org>
Sat, Jan 19, 2013 at 9:19 PM
I
Change. erg.
One more bit of BS by the Obama Administration ...
ht tp://www.change.org/petitions/national-park-serv1ce-save-jack-s-boathouse-from-closure?response=
29a27107fe70
- ~ , .. ;.
' .. .('
' .
"::
lt ps: II mail. go ogle. com/ m all/b/ 152/u/Oi?ui =2&ik =f 534 768664&v low=pt &cat =Jack s Boa thous e&s eorc h 111
(b) (6)
Jack's Owner: Park Service Doesn't Own Land Wher. ..
Jack's Boathouse Owner: Park Service Doesn't Own Land Where It's
Terminating Lease
Sat, Jan 19, 2013 at 7: 12 PM
http://www. was hingtoncity paper. com/blogs/hous i ngcom plex/2013/01/18/jacks-boathouse-owner-park-service-
does nl-own-land-where-its-term inating-loase/
Washington (DC) City Paper
Friday, January 18, 2013 9"07 PM
Jack's Boathouse Owner: Park Service Doesn't Own
Land Where It's Terminating Lease
The National Park Ser.Ace is mo'ving quickly to award a new contract for the waterfront space currentl y occupied
by Jack's Boathouse. But Jack's owner Paul Simkin and his attorney think they may ha'A:l discovered something
that could put the process on hold: They assert that the property no longer belongs to NPS.
The 1985 D.C. Council resolution that transferred a chunk of Georgetown waterfront property, lncludlng Jack's, to
NPS stipulates that the land shall revert to the city in the case of "Amendment or cancellation of the January 7,
1985, deed between Washington Harbour Associates. Georgetown Potomac Company, Mount Clare Properties
(D.C.) Inc., and the United States of America." There appear to have been two amendments to the deed: one on
April 5, 2000, and one on March 1. 2005. Simkln's attorney, Charles Camp, interprets this to mean that as of
the time of the amendments, the property reverted back to the city-implying that NPS no longer has control o\-er
the area and can't Issue a new concession, which it's trying to do by the end of February.
Simkin and Camp brought up the issue with Ward 2 Councilmember Jack Evans, who today passed the
documents along to D.C. Attorney General Irv Nathan and asked him to review the matter. Evans says he can't
pass legal judgment on the issue. but he encouraged Camp to file for a temporary restraining order to stop the
concession process while the case is under rel/iew.
Evans also says he contacted Mayor Vince Gray and Del. Eleanor Holmes Norton about the matter.
"She has jurisdiction over the Department of the Interior," Evans says of Norton. "One of the recommendations I
made of her is that she call [Interior] Secretary [Ken] Salazar and find out what 's going on here. Don't they have
something better to do than terminate Jack's lease?"
The offices of the mayor, the attorney general, NPS. and Norton did not immediately respond to calls and emails
- it's late on the Friday before a three-day weekend.
The 1985 resolution also stipulated that NPS "shall assume responsibility to repair, maintai n, and protect all
whaMs, piers, bulkheads, and similar structures that are located onthe transferred land or In the adjacent
waters." On Jan. 14, Camp sent a letter to Stephen E. Whi tesell, NPS' regi onal director for the National Capital
Region, and Neil J. Mulholland, president of the National Park Foundation, informing them of this clause and
saying, "Mr. Simkin Is shocked and di sappointed to ha...e only recently learned from me that he unnecessarily
expended hundreds of thousands of dollars repairing, maintaining and protecting the whaMs, piers, bulkheads
and similar structures that were, and for decades have been, the responsibility of the National Park Service."
llps ://mall.google. com/mall/b/152/v/O/?ul 2&1k-t 534 768664&v lew=pl&cat =Jack's Boalhouso&$0<1rch= . 1/2
t<!Qh114- Jack's Boat fiousc Owner: Park Service Doesn' t Own Land Whor ...
Camp says he asked NPS concession specialist Steve Le Bel if he was aware of NPS' responsibility to maintain
the faciliti es, and that LeBel "had no idea." Camp also says he met with NPS representatives today, and that
t ~ y told him they expected Simkin to leave the property. Camp says he replied, "You can write it down: He's not
going to leave without a court order."
Simkin and Camp hope that the city's in\Qlvement can at least put the brakes on NPS' concession drive until the
legal issues are settled. Simkin believes city officials are on his side.
"The attorney folks for the city are very, very interested in getting the land back for the city," he says, "and I've
been ad'vised by the city to file actions against the Park Service very quickly."
In the absence of city action, Simkin is not hopeful that NPS will award him the contract for the space Jack's has
occupied since 1973.
"We're being asked to bid on our own business," he says. "The National Park Service, it's not a numbers deal
with them. It's a subjective deal with them. We're never going to win it. They'll throw us out. This is a very hostile
sort of takeover."
Evans says NPS has sent mixed messages about its intentions with regard to the concession process. "When I
talked to the Park Service back in December, they agreed to kind of stand down," he says. "And today, without
any notice to anybody, they decideed to go ahead with the competition."
If the attorney general rules that the land has in fact reverted to the city, that would have implications far beyond
Jack's, says Evans.
That ruling would transfer "the whole Georgetown waterfront, not just Jack's Boathouse," Evans says. "There are
positives and negatives to It, the negative being if we get it back, we have to pay to maintain it."
But he adds that fiscally, "We're In a much better position than we were in 1985 when this was done."
Evans thinks the 1985 Council resolution was born of concern that the waterfront could face development, which
neighbors opposed. "I think it has completely to do with Marion Barry,'' says Evans of the then-mayor. "He was
perceived as trying to develop that waterfront along the lines of Washington Harbour. I think there was a
sentiment back then that if we get this to the Park Service, it'll never get developed."
Now, he wonders if NPS is ready for the onslaught of public opposition it could be facing, regardless of the
attorney general's interpretation of the resolution.
"i want the Park Ser'vice to come to its senses," Evans says. "I gotta wonder, whoever's in charge there, do they
know they're walking into a firestorm?"
tt ps://mell.google. com/ malllb/162/ u/Ol ?ui=2&ik=f 534766664&v iew=pt&cat=Jaok's 6011thouse&saarch". ,. 212
(b) (6)
(b) (6)
Why I signed -- Jack's connects more of
<mall@change.org>
To: Ste\A3_Whitesell@nps.gov
Dear Ste'IA3 Whitesell, Regional Director (National Park Service),
Sat, Jan 19, 2013 at 6:26 PM
Change.org.
Jack's connects more of us to the water and that beautiful area of the Potomac.
http://www.change.org/peti tions/national-park-sorvice-sa'IA3-jack-s-boathouse-from-closure?rosponse=
29a27107fe 70
129/14
Tammy Stidham <tammy_stidham@nps.goV> Sat, Jan 19, 2013 at 4:50 PM
To: Peter May <peter_may@nps.goV>
Cc: "Lisa_Mendelson-lelmini@nps.gov" <Lisa_Mendelson-lelmini@nps.goV>, "Ste1Ae_Whitesell@nps.gol/'
<Ste-.e_Whltesell@nps.goV>, "Tara_Morrison@nps.gol/' <Tara_Morrison@nps.goV>, "Stewi_LeBel@nps.gol/'
<Steve_LeBel@nps.goV>, "Jennifer_Mummart@nps.gol/' <Jennifer_Mummart@nps.goV>
I think I know where the amendments are. I wlll pull them on Tuesday morning and share with e\eryone.
Tammy
Tammy Stidham
1100 Ohio Dri1Ae SW
Washington.DC 20242
202-619-7474 office
202-438-0028 cell
On Jan 19, 2013, at 4:00 PM, Peter May <peter_may@nps.goV> wrote:
I just spoke t o John Parsons who confirmed the int ention of t he reversion provi si on as I
descri bed earlier. As for the amendments t o the Washington Harbour deed, he thinks one (in
2005?) was a minor change relating t o the Swedish Embassy and the other he did not recall.
He t hought that if he could not recall what it was, then it is certainly minor.
More on tuesday.
Pet er
From: Mendelson, Lisa [mailto:lisa_mendelson-ielmini@nps. gov]
sent: Saturday, January 19, 2013 12:24 PM
To: May, Peter <peter _may@nps.gov>
Cc: Steve Whitesell <steve_whitesell @nps. gov>; Tara Morrison <Tara_Morrison@nps.gov>;
Tammy Stidham <TammL Stidham@nps.gov>; Steve LeBel <Steve_LeBel@nps.gov>; Jennifer
Mummart <Jenni fer _Mummart@nps.gov>
Subject: Re: In case you need these before Tuesday
Hi e1Aeryone,
Turns out that Ste\Ae LeB does have the folder of materials from Mr. Camp, so we'll get the folder on
Tuesday and share materials then. .. ... admittedly I tried to break into LeBel's office, but with the
rekeying that's occurring, my masterlock apparently no longer opens all of our doors:)
ltps://mall.google. com/mail/b/ 152/u/O/?ul112&1k" f 534 768664&v iew pt&cat =Jack's Boalhouse&search= .. . 1/3
F.1!111'14>F THE INTERIOR Mail Re: In case you need theso bef ore Tuesday
All seems pretty quiet at this point.
- Lisa
Lisa it/eml e/.m11-le/111i11i, AlCP
National Park S..:rvicc
202-619-7023 o fficc
202-297- 1338 cell
On Sat , Jan 19, 2013 at 10:57 AM, May, Peter <peter_may@nps.goV> wrote:
I also doubt there is any substance to the claim. There are probably several reasons. but this is
the principal argument I would offer.
A careful reading of the Council resolution shoes that it calls only for an exchange of letters
between DC and NPS that would address in detail a p r o ~ s o n for reversion if the Washington
Harbour deed is canceled or amended or if the $1 M donation for the park does not occur. The
exchange clearly occurred. Granted it is a bit of hairMs plitting to argue that the Council Resolution
is satisfied exclusively by the exchange of letters, but I think the case is clear on intent as well.
The exchanged letters (which Camp may or may not have - but I am guessing not) allow for
amendments that are "technical or insubstantial" without reversion. I went to the office to see If
we have further documentation on the 2000 or 2005 amendments, because I am guessing that
they would be considered insubstantial, and we may have made a determination to that effect.
Unfortunately. I am not a master of the lands fil es so I could not readily find anything. But I am
sure we have more information that Brian or Glenn can find on Tuesday.
I did find information on the original negotiation behind the letters and It is clear from
correspondence from then-Mayor Barry that the intent of this prolAslon is to ensure that the
waterfront easement remains in perpetuity and that the initial park construction (using the $1M)
occur. There is no doubt that the initial park improvements were done and that the easement
remains intact. So I beli eve we ha1.e met both the technical requirements of the Council
resolution (with the exchange of letters) and the intent.
I spoke briefly to John Parsons about thi s since he was in\Olved all the way through the process
and may have helpful background.
I was disappointed with the quotes from Jack Evans in the City Paper and other websites and I
am contemplating what to say to him next (if anything).
Peter
Peter May
National Park Sece - National Capital Region
(202) 619 7025
peter_may@nps.gov
On Sat. Jan 19, 2013 at 8:46 AM, Steve Whitesell <steve_whitesell@nps.gov> wrote:
ttps ://mall.google.comlmsil/bl 152/u/O/?lll'"2&1kcf 534 768664&v iew=pt&cat Jack's Boslhouse&scaroh ... 2/3
EN/114>1' THE INTERIOR Mail - Re: In ~ o y ou need these bef ore Tuesday
Thanks. I doubt seriously there is anything to Camp's claims. Simply muddying the water.
Interesting that Simki n says he won't submit a proposal. I'm guessing there is something
more to his legal holdings of Jack's LLC. but who knows. Certainly interesting.
Sent from my iPad
On Jan 18, 2013, at 11 :42 PM, "May, Peter" <peter_may@nps.goV> wrote:
> Now that I ha-.e read the City Paper article that describes Simkin's
> records are especially helpful. You may ha-.e already gotten these from
> "insubstantial". We will ha-.e to check them out.
>
>
>Peter
>
~ ~ ~ ~ ~ ~ ~ ~ ~ ~
>Peter May
> National Park SeMce - National Capital Region
> 1100 Ohio Drive SW. Washington, DC 20242
> (202) 619 7025
> peter_may@nps.gov
>
>
> ---- Forwarded message - -
>From: Stidham, Tammy <tammy_stidham@nps. goV>
>Date: Fri, Jan 18, 2013 at 11 :26 PM
>
>
>
> -
> Tammy Stidham
>Washington, DC 20242
> '.()ice - (202)619-7474
> cell - (202)438-0028
>fax - (202)401-0017
> tammy_stidham@nps. gov
> <1985 DC counci l resolution and MOA between NPS and DC.PDF>
llps ://mall .google. com/mail/bl 152/u/O/?ul 2&1k;f 534 76B664&v lew=pt&cat Jack 'e BoathousQ&soarch .. 3/3
619iTI4lF lHE INTERI OR Mllll - Re; In case you need lheso bof oro Tuesday
Peter May <peter_may@nps.gov> Sat, Jan 19, 2013 at 3:59 PM
To: Lisa_Mendelson-lelmlni@nps.gov
Cc: Steve_Whitesell@nps.gov, Tara_Morrlson@nps.gov, Tammy_Stidham@nps.gov, Steve_LeBel@nps.gov,
Jennifer _Mum mart@nps.gov
I just spoke to John Parsons who confirmed the intention of the reversion provision as I described earl i er.
As for the amendment s to the Washington Harbour deed, he thinks one ( in 20057) was a mi change
relat ing to the Swedish Embassy and the other he did not recall . He thought that if he could not recal l
what it was, t hen it i s certainly minor.
More on tuesday.
Peter
From: Mendelson, Lisa [mallto:lisa_mendelson-ielrnini @nps.gov]
sent: Saturday, January 19, 2013 12:24 PM
To: May, Peter <peter_may@nps.gov>
Cc: Steve Whitesell <steve_whitesell @nps.gov>i Tara Morrison <Tara_Morrison@nps.gov>; Tammy Stidham
<Tammy_Stidharn@nps.gov>; Steve LeBel <Steve_LeBel@nps.gov>; Jennifer Murnrnart
<Jennifer_Mummart@nps.gov>
Subject: Re: In case you need these before Tuesday
Hi everyone,
Turns out that Steve LeB does have the folder of materials from Mr. Camp, so we'll get the folder on Tuesday and
share materials then. .. ... admittedly I tried to break into LeBel's office, but wi th the rekeying that's occurring, my
masterlock apparentl y no longer opens all of our doors:)
-Lisa
l.isn Me11del.wm fe/111i11i, ATCP
Nntion:i l Park Service
202-619-7023 o fli cc
102-297- 1338 cell
I also doubt there is any substance to the claim. There are probably se\.eral reasons, but this is the principal
ttps://mail.googlo. com/mall/bi 152/u/O/?ul=2&ik=f 534 768664&v Boalhouse&soaroh . , 1/3
S N l l l ~ F THE INTERIOR Mail Re: In case you need these bel oro Tuesday
A careful reading of the Council resolut ion shoes that it call s only for an ex change of letters between DC and
NPS that would address in det ail a pro\1sion for reversion if the Washington Harbour deed is canceled or
amended or if the $1 M donation for the park does not occur. The exchange clearly occurred. Granted it is a bit
of hair-splitting to argue that the Council Resolution is satisfied exclusively by the exchange of letters, but I
think the case is clear on intent as well.
The exchanged letters (which Camp may or may not have - but I am guessi ng not ) all ow for amendments that
are "technical or insubstantial" without reversion. I went to the offi ce to see if we have further documentation on
the 2000 or 2005 amendments, because I am guessing that t hey would be considered insubstantial, and we
may have made a determination to that effect. Unfortunately, I am not a master of the lands fi les so I could
not readily fi nd anything. But I am sure we have more information that Brian or Glenn can find on Tuesday.
then-Mayor Barry that the intent of t his pro\ois ion is to ensure that the waterfront easement remains in
perpetuity and that the initial park construction (using the $1 M) occur. There is no doubt that the initial park
improvements were done and that the easement remains intact. So I believe we have met both the technical
requirements of the Council resol ution (with the exchange of letters) and t he intent.
I spoke bri eOy to John Parsons about this since he was in\,{)lved all the way t hrough the process and may have
helpful background.
I was disappointed with the quotes from Jack Evans In the City Paper and other websites and I am
Peter
Peter May
Associate Regional Di rector - Lands, Planning, and Design
Nat ional Park Service - National Capital Region
1100 Ohio Dri ve SW, Washi ngton, DC 20242
(202) 619 7025
peter_may@nps.gov
On Sat , Jan 19, 201 3 at 8:46 AM, Ste\ Whitesell <st e'IA3_whitesell @nps.goV> wrote:
Thanks. I doubt seri ously there is anythi ng to Camp's claims. Si mply muddying the water. Interesti ng that
Simkin says he won't submit a proposal. I'm guessing t here is somethi ng more t o his legal holdings of
Jack's LLC, but who knows. Certainly interesting.
Sent from my iPad
On Jan 18, 2013, at 11:42 PM, "May, Peter" <peter_may@nps.goV> wrote:
> Now that I have read the City Paper arti cle that describes Si mkln's
> allegations about the jurisdi ction of the property. I think these land
> records are especially helpful. You may ha...e already gotten these from
>remaini ng question is whether the amendments to the Washington Harbour are
>"insubstantial". We will have to check them out.
>
>
> Peter
llps: II mall. go ogle. com/mall/bl 152/u/O/?ul=2&ik =f 534 768664& v lew=pt&cat Jae k '$ Boat houso&searc h= .
2/3
61!1/l'I CDF THE INTERIOR Mall - Re: In case you need these before Tuesday
>Peter May
> 1100 Ohio Dri-..e SW, Washington, DC 20242
> (202) 619 7025
> poter_may@nps.gov
>
>
> ---Forwarded message ---
> From: Stidham, Tammy <tammy _stidham@nps.goV>
> Date: Fri , Jan 18, 2013 at 11 :26 PM
> To: Peter May <Peter_May@nps.gm1>
>
>
>
> ~
> Tammy Stidham
> \UICe - (202)619-7474
> cell - (202)438-0028
> fax - (202)401-0017
> <1985 DC counci l resolution and MOA between NPS and DC.PDF>
ltps ;//mai l.google.com/mall/b/152/u/O/?ui=2&1K=f 534 768664&v iew=pt&cat " Jack's Boathouso&search= .. , 3/3
ENT OF THE Mail - Ro: In case you need thQSO before Tuesday
Mendelson, Lisa <lisa_mendelson-ielmini@nps.gov> Sat. Jan 19, 2013 at 3:24 PM
To: "May, Peter'' <peter_may@nps.gov>
Cc: Ste\ Whitesell <steve_whitesell@nps.gov>, Tara Morri son <Tara_Morrison@nps.gov>, Tammy Stidham
<Tammy _Stidham@nps.gov>, Steve LeB.el <St e"13_LeBel@nps.gov>, Jennifer Mummart
<Jennifer_Mummart@nps.gov>
Hi e\eryone,
Turns out that Ste-...e LeB does have the fol der of materials from Mr. Camp, so we'll get the folder on Tuesday and
share materials then. .. ... admittedly I tried to break into LeBel's office, but with the rekeying that's occurring, my
masterlock apparently no longer opens all of our doors:)
- Lisa
Lisa Memlelso11-Ielmini, AICP
Deputy Rcgionn I Director
National Park Scn
1
icc
office
202-297-1338 cell
On Sat, Jan 19, 2013 at 10:57 AM, May, Peter <peter_rnay@nps.gov> wrote:
I also doubt there is any substance to the claim. There are probably several reasons, but this is the principal
A careful reading of the Council resolution shoes that it calls only for an exchange of letters between DC and
NPS that would address in detail a provision for reversion if the Washington Harbour deed is canceled or
amended or If the $1 M donation for the park does not occur. The exchange clearly occurred. Granted it is a bit
of hair-splitting to argue that the Council Resolution is satisfied exclusively by the exchange of letters, but I
think the case is clear on intent as wel l.
The exchanged letters (which Camp may or may not have - but I am guessing not) allow for amendments that
are '' technical or Insubstantial" without reversion. I went to the office to see if we have further documentation on
the 2000 or 2005 amendments, because I am guessing that they would be considered Insubstantial , and we
may have made a determination to that effect. Unfortunately, I am not a master of the lands fil es so I could
not readily find anything. But I am sure we have more information that Brian or Glenn can find on Tuesday.
I did find information on the original negotiation behind tlie letters and it Is clear from correspondence from
then-Mayor Barry that the intent of this prolAsion is to ensure that the waterfront easement remains in
perpetuity and that the initial park construction (using the $1 M) occur. There Is no doubt that the initial park
Improvements were done and that the easement remai ns intact. So I believe we have met both the technical
Ups;/l rnall .google. comlrnall/b/152/u/O/?ul112&1k" f 5311768664&v leW"pt&cat=J ack's Boathouse&searoh=
1/3
6!!11!14lF THE INi ERIOR Mail Re: In case you need th9so before Tuesday
requirements of the Council resolution (with the exchange of letters) and the intent.
I spoke briefly to John Parsons about this since he was in\Qlved all the way through the process and may ha1.e
helpful background.
Peter
Peter May
Associate Regional Director - Lands , Planning, and Design
National Park Ser.Ace - National Capital Region
(202) 619 7025
. peter_may@nps.gov
On Sat, Jan 19, 2013 at 8:46 AM, Steve Whitesell <ste1.e_w11itesell@nps.gov> wrote:
Thanks. I doubt seriously there is anything to Camp's claims. Simply muddying the water. Interesting that
Simkin says he won't submit a proposal. I'm guessing there is something more to his legal holdings of
Jack's LLC, but who knows. Certainly interesting.
Sent from my iPad
On Jan 18, 2013, at 11 :42 PM, "May, Peter" <peter_may@nps. gov> wrote:
> Now that I have read the City Paper article that describes Simkin's
> records are especially helpful. You may have already gotten these from
> Brian but I thought I should forward just In case. To me It seems the
> "insubstantial". We will have to check them out.
>
>
> Peter
>

>Peter May
> Associate Regional Director - Lands, Planning, and Design
> National Park Ser.Ace - National Capital Region
> 1100 Ohio Dri'l.{l SW, Washington, DC 20242
> (202) 619 7025
> peter_may@nps.gov
>
>
> - --Forwarded message --
> From: Stidham, Tammy <tammy_stidham@nps.gov>
>Date: Fri, Jan 18, 2013 at 11:26 PM
> To: Peter May <Peter_May@nps.gov>
>
>
>
> ------- - ---
t lps com/maillb/ 152/u/O/?ul2&1k =f 534 768664&v IGW=pt&cat Jack's Boathouso&searchci .. . 2/3
> Tammy Stidham
> National Park Serv;ce
> 1100 Ohio Dri've SW Room 228
>Washi ngton, DC 20242
> \Oice - (202)619-7474
> cell - (202)438-0028
>fax - (202)401 -0017
> tammy_stidharn@nps.gov
> <1985 DC council resoluti on and MOA between NPS and DC.PDF>
(b) (6)
(b) (6)
l.lEAARTMENT OF THE INTERIOR Mall - Why I signed - I love the ouldoors
Why I signed I love the outdoors
mail@change.org>
Dear Steve Whitesell , Regional Director (National Park Ser\'ice),
Sat, Jan 19, 2013 at 3:57 PM
I just signed Jesse B Rauch's petition "National Park Ser\lice: Sa1.1e Jack's Boathouse from Closure!" on
Change.erg.
I lo1.1e the outdoors and small business and I lilA;l in the area and Jack's seems to pro\tide a fun activity with
minimal en\Aronmental damage .
......
Potomac, Maryland
http://www.change.org/petitions/national-park-ser\lice-sa1,e-jack-s-boat house-from-closure?response=
29a27107fe 70
Ups ://mall .googla.com/mail/bl 1521ulOl?ul=2&1k f 534 768664&v lew=pt&cat =Jack's Boalhouso&setirch" .. 111
(b) (6)
(b) (6)
12WlilPARTMENT OF 11-IE INTERIOR Mall - Why I signed -- My wlro likes to
Why I signed My wife likes to
<mail@change.org>
To: Ste'A;!_Whitesell @nps.gov
Dear Stew Whi tesell. Regional Director (National Park Ser.foe),
Sat, Jan 19, 2013 at 3:11 PM
I just signed Jesse B Rauch's petition "National Park Ser-Ace: Save Jack's Boathouse from Closure!" on
Change.org.
My wife likes to paddle there. As a fourth-generation nati'A;l Washingtonian, I value thi s as a wonderful
tradition.
-

l1ttp://www.change.org/petitions/national-park-service-sa1.e-jack-s-boathouse-from-closure?response=
29a27107fe 70
ti ps :/Im all.google. com/mall/bl 152/u/O/?ul 2&1k =f 534 768664&v lew=pt&cat =Jack's Bo!llhouse&soarch ... 111
(b) (6)
(b) (6)
129/14>EPARTMENT OF n-tE INTERIOR Mall - Why I slgnod This Is a DC
Why I signed -- This is a DC
mail@change.org>
Dear Steve Whitesell , Regional Director (National Park Seruce),
Sat, Jan 19, 2013 at 1:11 PM
Change.erg.
This is a DC staple that needs to be kept up and running.
http://www.changc.org/petitions/national-park-seruce-sa1,e-j ack-s-boathousc-from-closure?rosponse=
29a27107fe 70
ttps://m1;1il.googl0. com/ mall/b/152/u/O/?ui=2&ik=f 534 768664&v lew=pt&cat =Jack's Boathouse&seatCll = .. 111
(b) (6)
(b) (6)

Sat. Jan 19, 2013 at 1:10 PM
Change.org.
Jack's Boathouse is a wonderful fi xture of Washington. DC. It must stay .
......_
Arl ington, Virginia
There are now 2474 signatures on t his petition. Read reasons why people are signing, and respond to Jesse B
http://www.change.org/petitions/natlonal-park-servlcc-save-jack-s-boathouse-from-closure?response=
29a27107fe70
(b) (6)
(b) (6)
129MPARTMENT OF THE INTERI OR Mall Why I signed H's a fun place
Why I signed It's a fun place
- mail@change.org>
Dear Steve Whitesell. Regional Director (National Park Sennce),
Sat. Jan 19, 2013 at 12:38 PM
Change.org.
It's a fun place to go with my family and see the city from a different perspecti ve, the river .
....
http://www.change.org/p0titlons/national-park-service-sa\i\'.l-jack-s-boathouse-from-closure?response=
29a27107fe 70
111
GN/1'1 4) f': THE INTERIOR Mail - Re: In caso you ncod these before Tuesday
May, Peter <peter_may@nps.gov> Sat, Jan 19, 2013 at 10:57 AM
To: Steve Whitesell <stew_whitesell@nps.gov>
Cc: Lisa Mendelson <Usa_Mendelson-lelmi ni@nps.gov>, Tara Morrison <Tara_Morrison@nps.gov>, Tammy Stidham
<Tammy _Stidham@nps.gov>
I also doubt there is any substance to the claim. There are probably sewral reasons, but this is the principal
A careful reading of the Council resolution shoes that it calls only for an exchange of letters between DC and
NPS that would address in detai l a provision for rewrsion if the Washington Harbour deed is canceled or
amended or if the $1 M donation for the park does not occur. The exchange clearly occurred. Granted it is a bit of
hair-splitting to argue that the Council Resolution is satisfied exclusively by the exchange of letters, but I think
the case Is clear on intent as well.
The exchanged letters (which Camp may or may not have - but I am guessing not) allow for amendment s that are
"technical or insubstantial" without reversion. I went to the office to see if we haw further documentation on the
2000 or 2005 amendments, because I am guessing that they would be considered insubstantial, and we may
ha-..e made a determinat ion to that effect. Unfortunately, I am not a master of the lands files so I could
not readily find anything. But I am sure we have more information that Brian or Glenn can find on Tuesday.
I did find information on the original negotiation behind the letters and it is clear from correspondence from then-
Mayor Barry that the intent of this provision is to ensure that the waterfront easement remains in perpetuity and
that the initial park construction (using the $1 M) occur. There is no doubt that the initial park impro-..ements were
done and that the easement remains intact. So I believe we have met both the technical requirements of the
Council resolution (with the exchange of letters) and the intent.
I spoke bri efly to John Parsons about this since he was im.olved all the way through the process and may have
helpful background.
I was disappointed with the quotes from Jack Evans in the City Paper and other websit es and I am contemplat ing
what to say to him next (If anything).
Peter
Peter May
(202) 619 7025
peter_may@nps. gov
On Sat, Jan 19, 2013 at 8:46 AM, Whitesell wrote:
Thanks. I doubt seriously there is anything to Camp's claims. Simply muddying the water. Interesting that
Simkin says he won't submit a proposal. I'm guessing there Is something more to his legal holdings of Jack's
LLC, but who knows. Certainly interesting.
ttps;//meil.google.com/mall/b/ 152/u/O/?ul 2&1k=f 534 768664&v low=pt&cat,,Jock' s 6oathouse&saarch= ...
1/2
ENT OF THE INTERIOR Mail Re: In case you ncod these before
Sent from my iPad
On Jan 18, 2013, at 11:42 PM, "May, Peter'' <peter_may@nps.goV> wrote:
> Now that I ha'A:l read the City Paper arti cle that describes Simkin's
> records are especially helpful. You may ha-...e already gotten these from
> Brian but I thought I should forward j ust in case. To me it seems the
> "insubstantial". We will ha'A:! to check them out.
>
>
> Peter
> _________ _
>Peter May
> 1100 Ohio SW, Washington, DC 20242
> (202) 619 7025
> peter_may@nps.gov
>
>
> - -- Forwarded message
>From: Stidham, Tammy <tammy_stidham@nps.goV>
> Date: Fri, Jan 18, 2013 at 11 :26 PM
>
>
>
> -----------
> Tammy Stidham
> 1100 Ohio Dri'A:l SW Room 228
. > \Olce - (202)619-7474
> cell - (202)438-0028
> fax - (202)401-0017
ltps://mail.googlc .com/mail/b/1 52/u/O/?ul 2&1k"'153d 768664&v lcw-pt&cat =Jack"s Boathouse&search= ... 2/2
ENT OF THE INTERIOR Mail - Ro: In case you need these before Tuesday
Morrison, Tara <tara_morrison@nps.goV> Sat, Jan 19, 2013 at 10:31 AM
To: "May, Peter'' <peter_may@nps.goV>
Cc: Steve Whitesell <Ste\ie_Whitesell@nps.goV>, Lisa Mendelson <Lisa_Mendelson-lelmini@nps.goV>, Tammy
Stidham <Tammy_Stidham@nps.gov>
Thanks Tammy and Peter.
Tara
On Fri, Jan 18, 2013 at 11 :42 PM, May, Peter <peter_may@nps.gov> wrote:
Now that I have read the City Paper articl e that describes Slmkin's allegations about the jurisdiction of the
property, I think these land records are especially helpful. You may have already gotten these from Brian but I
thought I should forward just in case. To me It seems the remaining question is whether the amendments to
the Washington Harbour are "insubstantial". We wi ll ha\ie to check them out.
My thanks to Tammy for sending these documents.
Peter
Peter May
(202) 619 7025
peter_may@nps.gov
From: Stidham, Tammy <tammy_stidham@nps.gov>
Date: Fri, Jan 18, 2013 at 11:26 PM
Subject: In case you need these before Tuesday
To: Peter May <Peter_May@nps.gov>
Tammy Stidham
\Oice - (202)619-7474
cell - (202)438-0028
fax - (202)401-0017
tammy _ stidham@nps.gov
ttps ://mail.googlo. comlmail/b/ 152/ u/O/?ui=2&1k f 534 768664&v illW" pt&cat ;;Jack's Boathouse&search= ... 1/2
129114
Tara D. Morrison
Superintendent
Rock Creek Park
202-895-6004
ttps :llmall.google. com/m<lll/b/152/u/Ol?ul 2&1k =r 534 768664&v iew=pt&cat =Jack's Boathouse&sc3rch= ...
(b) (6)
(b) (6)
/29blP/\RTMENT OF THE INTERIOR Mail - Why I signed - When I liv ed In
Why I signed -- When I lived in
<mail@change.org>
To: Ste1ie_ Whitesell@nps.gov
Sat, Jan 19, 2013 at 10:1 1 AM
Change.org.
When I 1i1d in DC, Jack's was a place of respite, a place to go and be on the ri1r In the middle of the city
and meet friends, families, and others. DC is a river city, yet the only way to really access it for all people, is
Jack's. And when i come back to DC, I go to Jack's!
...
Salt Lake City, Utah
http://www.change.org/petitions/national-park-service-savo-jack-s-boathouse-from-ciosurc?response=
29a27107fe70
llps ://mall.google.com/m()ll/ b/ 152/ u/O/?ui =2&1K"f 534768661\&v iaw=pt&cat "Jack's Boatt1ouse&search= .. .
1/1
(b) (6)
(b) (6)
Why I signed -- So sad ... if this is
<mai l@change.org>
To: Ste11e_Whitesell @nps.gov
Sat, Jan 19, 2013 at 9:43 AM
Change.erg.
So sad ... if this is allowed to happen, Aramark, or the like, will be allowed to swoop in and "run'' things.
Anybody who has been to a National Park, and seen this kind of operation, knows what I mean .
.....
boca raton, Florida

29a27107fe 70
(b) (6)
(b) (6)
/29/1<0EPARTMENT OF THE INTERIOR Mall - Why I signed wo need our
Why I signed .... we need our
<mail@change.org>
Sat, Jan 19, 2013 at 9:38 AM
Change.org.
we need our National Parks for family\personal 'get-aways'

29a27107fe70
ttps://mai l. googla. com/mall/b/152/u/O/?ui=2&ik =f 534 768664&v lowwpt&cat" Jack's .. 1/1
129/ 14 DEPARTMENT OF THE INTERIOR Mall Re: Jacks
Re: Jacks
Lisa Mendelson-lelmini <lisa_mendelson-ielmini@nps.go\f.> Sat, Jan 19, 2013 at 8:48 AM
To: Steve Whitesell <steve_whitesell@nps.go\f.>
Cc: Jennifer Mum mart <jennifer _mum mart@nps. goV>, "tara_morrison@nps .gol/' < tara _morrison@nps. go\f.>,
"carol_bjohnson@nps.gov'' <carol_bjohnson@nps.goV>, "Da\.id_Barna@nps.gov'' <Da\.id_Barna@nps.go\f.>, Steve
Lebel <steve_lebel@nps.goV>, Peter May <peter_may@nps.go\f.>
Tux Steve. I'll get them scanned to everyone. Tux.
Lisa A Mendelson-lelmini. AICP
National Park Serv;ce
202-297-1 338 cell
202-619-7023 office
On Jan 19, 2013, at 8:40 AM, Steve Whitesell <steve_whitesell @nps.gov> wrote:
>Lisa
>
> They are on my desk or the conference table in my office.
>
> Until our solicitors have re\1ewed the legal claims, this is just his lawyer rambling and Jack Evans pursuing his
own agenda.
>
> For the press, I think we say something like - we would be happy to consider any concerns the District
government may have about this or any other issue along the Georgetown waterfront. To date we have heard
nothing from them and believe we ha\le full jurisdiction of Georgetown Waterfront Park and of the land upon which
Jack's Boathouse operates.
>
> Sent from my iPad
>
> On Jan 19, 2013, at 8:21 AM, Lisa Mendelson-lelmini <lisa_mendelson-ielmini@nps. go\f.> wrote:
>
::.> Fyi - I reached out to Steve LeB earlier this morning to get a copy of the docs pro\.ided by Mr Camp (Simkins
atty) which included info on Wash Harbour.
>>
If it's in his office I will go in later today and scan/email to all.
>>
> > ~
>> Lisa A Mendelson-lelmini, AICP
National Park Ser\.ice
202-297-1338 cell
202-619-7023 office
>>
>>
ltps://mall.google. com/ malllb/152/u/O/?ul"2&ik=r 534 768664&v loWl'pt&cat =Jack's Boatt1ouse&search ... 1/2
/29/14 DEPARTMENT OF THE INTERIOR Mail Re: Jacks
>>
On Jan 19, 2013, at 8:09 AM, Jennifer Mummart <jennifer_mummart@nps.goV> wrote:
>>
> Have we received any notification from DC or has any additional
> docL1mentation surfaced since yesterday?
>>>
>Tara- do you have a way to put the news release on ROCR's website? We
>didn't put it on the national page yesterday.
>>>
> As far as a comment on the City Paper story, I still think Carol's thought
> from last night holds.
>>>
> I will be going into the office a little later to check VM there. I
> haven't received a single call on my cell or email - likely because no one
>>> knows me, so they bug Carol and Barna.
ltps ://mail. google.com/mall/b/ 152/u/O/?ul 2&i k=f 534 768664&v iOW'lpt&cal =Jiick's Boalhouse&se:arch ...
2/2
(b) (6)
(b) (6)
129llli'PARTMENT OF THE INTERIOR Mail - Wl1y I signed -- It 'M>Uld bo very
Why I signed -- It would be very
- mail @change.org>
Sat, Jan 19, 2013 at 8:40 AM
Change.org.
It would be very sad if Jack's closed, it's a quite place to ha\ fun and relax within a buzzing city. Everyone is
nice, warm and helpful. .. It would be missed a great deal if It wasn't there. Let's help Jack's.
29a27107fe70
111
(b) (6)
(b) (6)
ERIXIR<lfMENT OF THE INTERIOR Mall Why I signed - It's a great resource
Why I signed -- It's a great resource
mail@change.org>
To: Steve_Whitesell@nps. gov
Sat, Jan 19, 2013 at 8:34 AM
Change.erg.
It's a great resource for the DC community I
Rock\.111e, Maryland
There are now 2422 signatures on this petition. Read reasons why people are signing, and respond t o Jesse B
http://www.changc.org/petitlons/national-park-service-save-jack-s-boathouse-from-closure?response=
29a27107fe70
l t ps ;//mail. google. com/mall/bl 1521u/O/?ul 2&ik =f 534 768664& v lewmpt&cat =Jack's Boathouse&searc h= .. 1/1
12'R1Nl<lll Park Service Seeks Bids for Jack's Boi;ithouse Siie <<CBS DC
Park Service Seeks Bids for Jack's Boathouse Site CBS DC
tammy_stidham@nps.gov <tammy_stidham@nps.goV> Sat. Jan 19, 2013 at 8:24 AM
To: Peter May <Peter_May@nps.goV>, Steve Whitesell <Steve_Whitesell @nps.goV>, Lisa Mendelson-lelmlnl
< Lisa_Mendelson-lel mi ni@nps. goV>, t ara _ morrison@nps.gov, steve _lebel@nps.gov, jennifer _mummart@nps.gov
http:/ /was hi ngton. cbs local. com/2013/01/18/park-service-seeks-bids-for-jacks-boathous e-s ite/
Tammy Stidham
National Park Ser.nee
1100 Ohio Drive SW
Washington.DC 20242
202-619-7474 office
202-438-0028 cell
Ups ;//mail,google, com/maill b/ 1S2/u/O/?ui=2&ikPf534 768664&v iew=pt&cat=Jack's Boathouse&search= .. . 1/ 1
(29/;ll(jce Seeks Bids for Jack's Boalllol1se Site CBS DC
SCBS
_J_J
Search

M ltj11Up((I ... luiltI ...
J1 1\ fh lo. l I , l)ocl '- '''\' tJblN th 4 I ll 11
Ne .. 11 t llh U I or I vo11I l'hoto; Viii , A11t111 11,11111 W1 .ill1 1 l' I 1 Ir r Pl lln.1
1
c lllllltl
3 go!
1'11 cBigolfLrl:>
Choo&r you1 <> ilnc.l go
Choose you offer ,
Celebrity X crulses
Call us: 1-8118283-7485
Park Service Seeks Bids for Jack's
Boathouse Site
Jenu<1ry 111 20 13 '51 PM
l.lkt {
T'gs: Jack's DoJtllousg, N>tional Park Sorvico
WASHINGTON - The National Pmk r!l' Service is
seeking bids to operate a boat rental facility at th9 site
of a popular kayak-rental business along the
Georgetown woterlront.
Jack's Boathouse has been operating al the site since
1945. The park service sent Iha owner of thQ
,busjnASs mi an eviction letter 1as1 month, prompting an
outcry from the owner and many supporters.
Jack's Boathouse had been uperating un a month-l u-
rnonth lease that hadn' t changed since 1982, ptiying
$356 in monthly rnnt. The name or the current owner,
Paul Simkin, is not on the lease. The park service says
it wants to tteat the businoss like uthor commercial
ventures inside national pmks.
Simkin is free to bid for the concession contract, and
he' ll be allowed to continue operating lintit the contract
is awarded.
(@Copyright 2012 The Associated P1'flss. All Rights
Raservecl. This materiel may not be publis/1ed,
btoadcast, rev.ritton or redlstribvted.)
View Comments
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114
129/14 DEPARTMENT OF THE INTERIOR M(lll - Re: Jacks
Re: Jacks
Lisa Mendelson-lelmini <lisa_mendelson-ielmi ni@nps.goV> Sat, Jan 19, 2013 at 6:21 AM
To: Jennifer Mummart <jennifer_mummart@nps.goV>
Cc: "tara_morrison@nps.gov" <tara_morrison@nps.goV>, ''ste\IG_whitesell@nps.gov" <steve_whitesell@nps.goV>,
"carol_bjohnson@nps.gol/' <carol_bjohnson@nps.goV>. "Da\tid_Barna@nps.gol/' <Da\tid_Barna@nps.goV>, Steve
Lebel <steve_lebel@nps.goV>, Peter May <peter_may@nps.goV>
Fyi - I reached out to Steve LeB earlier this morning to get a copy of the docs provided by Mr Camp (Simkins
atty) which included info on Wash Harbour.
If it's in his office I will go in later today and scan/email to all.
202-297-1338 cell
202-619-7023 office
On Jan 19, 2013, at 8:09 AM, Jennifer Mummart <j ennifer __ rnurnmarl@nps.goV> wrote:
> Have we received any notification from DC or has any additional
> documentation surfaced since yesterday?
>
>Tara- do you have a way to put the news release on ROCR's website? We
> didn't put it on the national page yesterday.
>
>As far as a comment on the City Paper story, I still think Carol's thought
> from last night holds.
>
> I will be going into the office a little later to check VM there. I
> haven't received a single call on my cell or email - likely because no one
> knows me. so they bug Carol and Barna.
ttps ://mall. google.com/malllbl 152/u/O/?ul::2&1k ::f 534 768664&v iew=pt&cat J11ck's BoathOuse&ssarchm,,. 111
/:8&; ,14 Jack' s Boathouse Fighting Polontlal Ouster by NPS Georgetow ...
Jack's Boathouse Fighting Potential Ouster by NPS - Georgetown, DC Patch
tammy_stidham@nps.gov <tammy_stidham@nps.goV> Sat, Jan 19, 2013 at 8:21 AM
To: Peter May <Peter_May@nps.goV>, Ste've Whitesell <Ste've_Whitesell @nps.goV>, Lisa Mendelson-lelminl
<Lisa_Mendelson-lelmini@nps.goV>, ste've_lebel@nps.gov, tara_morrison@nps.gov, jennifer_mummart@nps.gov
http://georgetown. patch. corn/ articles/jack-s-boathous e-fighti ng-potential-ouster-by-nps?
ncid=newsltuspatc00000001
Tammy Stidham
1100 Ohio Dri've SW
Washington.DC 20242
202-619-7474 office
202-438-0028 cell
Tammy _s lidham@nps.gov
ltps :/Im ail .google. coml mail/ b/ 152/u/Ol?ui=2&ik=f 634768664&v iew=pt&cat " Jack's Boalhouse&search=
111
/QgTttJllting Potonllal Ouster by NPS Government - Georgetown, DC Patch
Georgetown
News I Government
Jack's Boathouse Fighting Potential Ouster by NPS
Conflicting claims on Georgetown waterfront property put future of boathouse in question.
Posted by Shaun Courtney (Editor), January 21, 2013 at 07 :32 PM
r
I
More
Jack's etown's western waterfront for decades.
But w mer it nas tn ngnt to I ase he land as it has for 40 years instead of entering into a
competit ive concession with the National Park Service (NPS) is the subject of a debate that
could land both parties in court.
And the boat rental company says it isn't going down without a fight.
On Friday, NPS issued a Request for Qualifications (RFQ) for a contract to operate a boat
rental operation at 3500 K Street - and it wants Jack's Boathouse, which has operated a
boat rental facility out of a red single-story wooden bungalow on t he Georgetown waterfront
since 1973, to compete for the contract.
While NPS claims it took stewardship of the parcel in t he late 1980s, Jack's Boathouse
attorney Charles Camp told Patch the park service has since lost its jurisdiction over the
Georgetown waterfront property from which it is trying to evict t he boathouse. Camp alleges
DC is the landlord, and therefore NPS is not in a position to negotiate a contract for the
property.
Longtime patrons of the boathouse might remember when "Jack" Baxter first sold his
waterfront property to the District and entered into a lease with the District government in
1973 to operate his boathouse on DC land.
Twelve years later, in 1985, District Council signed a resolution that would transfer a large
eorgetown. pat ch. com/ groups/ politics-and-elect Ions/ p/jac k s-boet house-f lght Ing-potential-oust er-by -nps 1/8
.c Fighting Potential Ouster by NPS Government - G90fgotown, DC Patch
waterfront parcel encompassing the boathouse to the NPS; in 1987, the city handed over its
lease with the facility to NPS.
Baxter's son, Frank, took over t he business when Jack died, and when Frank died in 2009, his
business parter, Paul Simkin, took over the business.
But NPS says it believes "the lease had never been legally transferred to [Simkin], thus
necessitat ing a competit ive process to award a contract. "
The park service, led by Director Jonathan B. Jarvis, says since the lease
11
was donated to the
National Park Foundation ... t he right thing to do is to get this boat rental operation under a
competitively-awarded co ncession contract, just as we do in other parks/'
In December, NPS sent a letter to Simkin saying he had until Jan. 31 to vacate the
location where he operates his business.
The NPS gave Jack's a bit of a reprieve a few days later, but now says the rental business can
only remain on the waterfront on a month- to-month basis until a new contract is awarded
under the RFQ.
The only problem: Camp believes the land has reverted back to the District.
A 1985 District Council Resolution, which Patch has obtained, says if the NPS were to amend
any of the deeds for the waterfront area, DC would reclaim it.
Camp says there were at least two deed amendments s.ince 1985, meaning the land should
belong to DC and NPS doesn't have a right to force out his client's business.
NPS could not be reached Friday to comment on the allegation.
Patch has reviewed two deeds, one dated 2000 and another 2005, that modify previous lease
agreements for waterfront lots expressly mentioned in the 1985 Council resolution.
It's not so much who owns the land as what NPS wants to do with it, Camp says. He told
Patch he believes NPS wants to convert Simkin's lease to a concession agreement because it
would have far fewer restrictions than a lease and can be terminated in as few as 30 days; the
only way to get a tenant to vacate a lease in DC is a court order, Camp says .
NPS still plans to cut off applications for the concession contract Feb. 6 and award a contract
by the end of that month.
Simkin says he won't apply.
"We have no problem competing," Simkin said in an interview with Patch. "We can compete
with anybody."
But "it's like applying for the right to be where you already have the right to be," Camp says.
In the meantime, the tight deadline has left Simkin trying to figure out how to plan for a
bL]siness the NPS RFQ may not be allow to operate.
He said he can' t hire a manager for his docks without knowing if he will have a business to run
in the spring. And he's losing out on talent because of that uncertainty.
eorgelown. pate h. com/ groups/ pol ltics-and-oloc lions/pl )ack-s-boathous e-1 ightln9-potenl ial-ous terby nps
IQ!91l1Jliling Potential Ouster by NPS - Governmont Georgetown, DC Patch
'Tm losing everything now and I don't know what to do," Simkin says .
"I'm being ruined ."
But t here is hope, Camp says.
The DC government has been involved "and now they are really involved. They are 100
percent in favor of my client," he says.
"What the park service is doing with regard to Paul is outrageous," said Ward 2 Councilman
Jack Evans in an interview with Patch.
Evans said NPS could easily give Jack's Boathouse a three-year non-compete concessions
contract, but it seems to just want "to get rid of him."
He likened it to "Kicking out the mom and pop shop and putt ing in a 7-Eleven."
Evans told Patch he had handed over Camp's information to DC Attorney General Irvin
Nathan. Evans said he has also been in touch with the offices of both Mayor Vincent Gray and
Congresswoman Eleanor Holmes Norton to enlist their support, depending on Nathan's
findings .
"Personally, I would like the result to be that the land reverts t o the District. It's the entire
Georgetown waterfront," Evans said.
Evans called NPS "short- sighted," given the public support for Jack's Boathouse in on line
petitions after the initial eviction letter was made public.
Evans wondered, "Do they know they are about to create a firestorm?''
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eorgetown. pate h. com/groups/ pollt lcs-and-elect lons/p/jack-s-boathous e-f ighting-potent ial-<>us ter-by -nps 3/8
l!Jlitf11lln11 Potential Ouster by NPS - Governmont Georgetown, DC Patch
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+ Leave a Comment
Hurrah for Jack Evans position! NPS is so short-sighted - my experience has been that they really
don't care about land or land use. They are burcaucrats in an agency which has no significant
funding and they, pardon the pun, can't see the forest for the trees.
Reco mmend
Flag as Inappropriate
Nancy Bulger January 19, 2013 at 02:09 PM
Thank you for alerting readers about this potential travesty. The NPS has no connection with the
local community, yet is able to impact our loca l traditions without regard for them. They should know
how the citiizens feel , and we should have a way t o let them know our opinions and traditions must
be considered. N. Bulger
Recommend
Flag as Inappropri at e
Rather Be Anonymous January 19, 2013 at 06:13 PM
Love Jack's Boathouse. Nothing else li ke it. The waterfront if finally great in Georgetown .. it would be
a shame to sec Jack'_go.
Recommend
Charlie Eason January 19, 2013 at 06:18 PM
At one time I thought the NPS were the "good guys," Smokey Bear and all that. But now I have my
doubts. You simply do not stand by and let somebody invest their life savings in an enterprise which
benefits the public just to pull the rug out from under them with 30-day's notice. That isn't to say
that a public resource (whether controlled by the NPS or DC) shouldn't be operated for the public
benefit, and to the extent that requires competition, fine. BL1t don't put a gun to his head (and those
of his employees) by this sort of tactic. If those properly in control of the property want to say they
want to reexamine the arrangement down the road, involve t he public and community leaders in the
discussion of what is best, fine. My guess is that given the NPS position we will have NO boathouse
this season as experienced workers scramble for other employment. That is a shame. Whoever
authorized this should be tarred and feathered and thrown into the Potomac!
Recommend
eorgotown.patch.com/groups/pollllcs-and-elocUons/p/Ji;ick-s-boathouseflghting-potcntlalouster-by nps 4/8
lc:!!Ji llJtiling Potontlal Ouster by NPS - Government - Georgetown, DC Patch
Melissa Reilly January 20, 2013 at 03 :48 AM
Jacks Is a friendly oasis in this city. NPS has proven it has lost sight of its mission and purpose.
Disgraceful.
Recommend
Flag as Inappropricilc
Bert Helfinstein January 21, 2013 at 12:19 AM
I hope this unnecessary action on the part of NPS is dropped. J feel t hat the current operators of
Jacks have done a splendid job of improving it and operating it. I've been renting kayaks t here for
many years and it is dramat ica lly better and more attractive than ever before. They should be
i=! llowed to enjoy the fruits of the large investment they have made.
Recommend
Fla g as Inappropriate
e keam January 21, 2013 at 01:13 AM
I love Ja ck's and I am a regu lar. I learned to kayak out of Jack's. There is no place li ke it in the world
and defi nitely not in DC. Sure, up the river and down, there are a few other kayak rental places, but
nothing (and I mean NOTHING) like Jack's . The people are friendly, laid back, helpful. It has to be
saved. T have lost great respect for the NPS!
Recommend
Kate Weisiger January 21, 20 13 at 04:08 AM
It shoul d be Incumbent upon anyone bidding on the contract that they be required t o reimburse the
current proprietor the documented capital inprovements that he has Incurred . To do otherwise is
simple theft .
Recommend
Margaret Rodenberg January 22, 2013 at 12:22 AM
Good for Jack Evans and t he DC government. This busi ness should be protected fro m what seems
like flagrant disregard for a small busi ness person's investment and hard work. It makes no sense
for t he NPS to pursue this. Jack's current management does an outstanding job. You would think
there was a person motive behind this action.
Reco mmend
Flag as Inappropriale
Jsycamore January 22, 2013 at 05 :02 PM
Don't forget the undue costs NPS has forced Jack's to suffer in legal and operational fees. Paul
Simkin, l he owner, will be forced t o fight t his battle in court and if Jack's can't hire staff and prepare
cor9etown. patch. com/ groups/ pollt lcs-and-elec t ions/ p/)oc k-s-boat ho us 9.f lghtlng-potent ial-ous t 11r-by nps 5/8
lll9111J11ting Potential Ouster by NPS - Govornme11t - Georgetown. DC Patch
for the coming season, Georgetown won't have a boat house t his year. Additiona lly, NPS fa iled for
years to provide any maintenance and/or fund ing for maintenance for the facility and the waterfront,
which the business incurred for years. Now that the space is cleaned up, NPS wants to come in and
open up 1200 ft of waterfront, including Jack's propc1ty, essentially so that Georgetown University
and GW ca n not-so-secret ly build boathouses ... that doesn't seem in the interest of t he public, does
it?
Recommend
DJ January 27, 2013 at 02 !38 PM
(Repost) Here's another issue: If injunctions are issued by both sides either to stop NPS from
developing t he NMBZ Waterfront or to stop Jack's BH from conducting any further activity, t here' ll be
another historic delay. And even after it's resolved in cou1t, It's unclear which eventual landowner,
DC or NPS, would grant the new leasee of Jack's BH (or something Jack's BH-li ke) the better lease
agreement. In fact, should DC/Georgetown recla im the waterfront, there co uld be more political
pressure by commercial developers to open this 'prime' waterfront real estate to competitive
bidding . Ino, it' s highly unlikely t hat Paul Simkin could even secure a preferred status to operate on
the lot. Whoever is te new owner, there wi ll still be legal requirement by the landowners to offer
business co ncessions to 'competitive' bidding. Worse, it's even foreseea ble that this scenic section
of DC could be opened up for significa nt commercial development under this scenario, including the
potent ial development for luxury waterfront high rises, condos or town homes at the site.
Recommend
Leave a comment
Find your Patch Start a Blog
eorgetown. patct1. com/ groups/ polit lcsandoloc llons/p/jec k-s-boat house I lg htlng-potent ial-ous tor-by -nps 6/8
129/14 DEPARTMENT OF THE INTERIOR Mail Re: Jacks
Re: Jacks
David Barna <david_barna@nps.goV> Sat, Jan 19, 2013 at 8:16 AM
To: Jennifer_Mummart@nps.gov, tara_morrison@nps. gov, steve_whitesell @nps. gov, l isa_mendelson-
ielmini @nps.gov, carol_bjohnson@nps. gov
Jennifer
I only had the one email from the city paper
D
From: Jennifer Mummart [mai lto:jennifer_mumm<'.lrt@nps.gov]
Sent: Saturday, January 19, 201 3 06:08 AM
To: tara_morri son@nps.gov <tara _morris on@nps.gov>; s teve _whites ell @nps.gov
<steve_whitesell @nps.gov>; lisa_mendelson-ielmini@nps.gov
<lisa_mendelson-ielmini@nps.gov>; carol_bj ohnson@nps.gov
<carol_bjohnson@nps.goV>; Daliid_Barna@nps.gov <David_Barna@nps.gov>
Subject : Jacks
Have we received any notification from DC or has any additional
documentation surfaced since yesterday?
Tara- do you have a way to put the news release on ROCR's website? We
didn't put it on the national page yesterday.
As far as a comment on the City Paper story, I still think Carol's thought
from last night holds.
I will be going into the office a littl e later to check VM there. I
haven't r e e i ~ d a single call on my cell or email - likely because no one
knows me, so they bug Carol and Barna.
tips ://rnall .google.com/mail/b/ 162/u/0/7ui=2&ik=f 534 768664&v iow=pt&cat Jack's Boathouse&search= . .. 111
129/ 14 DEPARTMENT OF THE INTERIOR Mail - Jacks
Jacks
Jennifer Mummart <jennifer_mummart@nps.goV> Sat, Jan 19, 2013 at 8:08 AM
To: tara_morrison@nps.gov, steve_whitesell @nps.gov, lisa_mendelson-lelmini@nps.gov, carol_bjohnson@nps.gov,
Da\1d_Barna@nps.gov
Have we received any notification from DC or has any additional
documentation surfaced since yesterday?
Tara- do you have a way to put the news release on ROCR's website? We
didn't put it on the national page yesterday.
As far as a comment on the City Paper story, I still think Carol's thought
from last night holds.
I will be going into the office a little later to check VM there. 1
ha'A!ln't received a single call on my cell or emall - likely because no one
knows me, so they bug Carol and Barna.
ltps: II m ::i ll. google. corn/ rn iill/ b/ 152/u/O/?ui=2&lk f 534 768664&v low pt&cat =J eek s Bo::it house&s oarch'" .. 1/1
'2lllail - noWl.cllp: W11sh Post - Assoc Press I National Park Service see ...
newsclip: Wash Post - Assoc Press I National Park Service seeks bids to
operate facility at site of Jack's Boathouse in Georgetown
Barna, David <da"1d_barna@nps.goV> Sat, Jan 19, 2013 at 7:37 AM
To: Barbara Baxter <barbaraj_baxter@nps.goV>, David Barna <david_barna@nps.goV>, Frances Cherry
<frances_cherry@nps.goV>, Jeffrey Olson <j effrey_olson@nps.goV>, Jennifer Mummart
<Jennifer_Mummart@nps.goV>, Jody Lyle <jody_lyle@nps.goV>, Kathy Kupper <kathy_kupper@nps.goV>, Mathew
John <mathewjohn@nps.goV>, Michael Litterst <mike_litterst@nps.goV>, Suki Baz <suki_baz@nps.goV>, Suzanne
Waldron <sue_waldron@nps.goV>, Tim Cash <tim_cash@nps.gov>, Blake Androff <blake_androff@ios.doi.gov>,
Frank Quimby <frank_quimby@ios.doi.gov>, Hugh B Vickery <hugh_vickery@ios.doi.gov>, Joan Moody
<joan_moody@ios.dol.gov>, Katherine Kelly <kate_kelly@ios.doi.gov>, Queen Muse <queen_muse@ios.doi.gov>,
shane_compton@nps.gov, Alexa Viets <alexa_viets@nps.gov>, Alma Ripps <alma_ripps@nps.gov>, C Sheaffer
<bruce_sheaffer@nps.goV>, Cam Sholly <cam_sholly@nps.gov>, chris_powell <chris_powell@nps.gov>, G Hackett
<elaine_hackett@nps.gov>, Gary Machlis <gary_machlis@nps.gov>, Herbert Frost <bert_frost@nps.gov>, Jon Jas
<jonjarvis@nps.gov>, Julia Washburn <j ulia_washburn@nps.gov>, Lena McDowall <lena_mcdowall@nps.gov>,
Maureen Foster <maureen_foster@nps.gov>, Michael May <michael_may@nps.gov>, Mickey Fearn
<mickey_fearn@nps.gov>, Peggy O'Dell <peggy_o'dell@nps.gov>, Raymond Vela <david_vela@nps.gov>, Rich
Weideman <rich_weideman@nps.gov>, Stephanie Toothman <stephanie_toothman@nps.gov>, Victor Knox
<victor_knox@nps.gov>, Christine Lehnertz <chris_lehnertz@nps.gov>, Dennis Reidenbach
<dennis_reidenbach@nps.gov>, Gordon Wissinger <gordon_wissinger@nps.gov>, John Wessels
<john_wessels@nps.gov>, Lisa Mendelson-lelmini <lisa_mendelson-ielmini@nps.gov>, Michael Reynolds
<michael_reynolds@nps.gov>, Steve Whitesell <steve_whitesell@nps.gov>, Sue Masica <sue_masica@nps.gov>,
Craig Dalby <craig_dalby@nps.gov>, James Doyle <James_Doyle@nps.gov>, Jane Ahern <jane_ahem@nps.gov>,
John Quinley <john_quinley@nps.goV>, patty rooney <patty_rooney@nps.gov>, Rick Frost <rick_frost@nps.gov>,
William Reynolds <william_f_reynolds@nps.gov>
Washington Post
National Park Service seeks bids to operate facility
at site of Jack's Boathouse in Georgetown
By Associated Press, Published: January 18
WASHINGTON - The National Park Service is seeking bids to operate a boat rental facility at the site of a
popular business along the Georgetown waterfront.
Jack's Boathouse has been operating at the site since 1945. The park service sent the owner of the business an
eviction letter last month, prompting an outcry from the owner and many supporters.
Jack's Boathouse had been operating on a month-to-month lease that hadn't changed since 1982, paying $356 in
monthly rent. The name of the current owner, Paul Simkin, is not on the lease. The park service says it wants to
treat the business like other commercial "1:lntures inside national parks.
Ups ://mail.googlc. com/ mall/bl 152/u/O/?ul 2&ik=f 534 768664&v lew=pt&cat=J ack's Boathouso&search= ...
1/2
l l : i : l I ~ ~ newi,clip: Wash Post - Assoc Press I Nallonal Park Service see ...
Simkin Is free to bid for t he concession contract, and he'll be allowed to continue operating until the contract is
awarded.
ttps :// m eil. googlo. com/mail/bi 152/ u/O/?ui=2&1k f 534 768664&v lew=pt&c at " Jack's Boathouse&searc h .. 2/2
!2S'aH- newsclip: Wast1lngton Cily Paper: Jack's Boathouse Owner: Par ...
newsclip: Washington City Paper: Jack's Boathouse Owner: Park Service
Doesn't Own Land Where It's Terminating Lease
Barna, David <david_bama@nps.goV> Sat, Jan 19, 2013 at 7:32 AM
To: Barbara Baxter <barbaraj_baxter@nps.goV>, Da'vid Barna <david_bama@nps.goV>, Frances Cherry
<frances_cherry@nps.goV>, Jeffrey Olson <jeffrey_olson@nps.goV>, Jennifer Mummart
<Jennifer_Mummart@nps.goV>, Jody Lyle <jody_lyle@nps.goV>, Kathy Kupper <kathy_kupper@nps.goV>, Mathew
John <mathewjohn@nps.goV>, Michael Lltterst <mike_litterst@nps.goV>, Suki Baz <suki_baz@nps.goV>, Suzanne
Waldron <sue_waldron@nps.goV>, llm Cash <tim_cash@nps.goV>, shane_compton@nps.gov, Alexa Viets
<alexa_viets@nps.goV>, Alma Ripps <alma_ripps@nps.goV>, C Sheaffer <bruce_sheaffer@nps.goV>, Cam Sholly
<cam_sholly@nps.goV>, chris_powell <chris_powell @nps.goV>, G Hackett <elaine_hackett@nps.goV>, Gary
Machl is <gary_machlis@nps.goV>, Herbert Frost <bert_frost@nps.goV>, Jon Jarvis <jonjarvis@nps.goV>, Julia
Washburn <julia_washburn@nps.goV>, Lena McDowall <lena_mcdowall @nps.goV>, Maureen Foster
<maureen_foster@nps.goV>, Mi chael May <michael_may@nps.goV>, Mickey Fearn <mickey_fearn@nps.goV>,
Peggy O'Dell <peggy_o'dell@nps.goV>, Raymond Vela <david_\ela@nps.goV>, Rich Weideman
<rich_weideman@nps. goV>, Stephanie Toothman <stephanie_toothman@nps.goV>. Victor Knox
<\Actor_knox@nps. goV>, Blake Androff <blake_androff@ios.doi.goV>, Frank Quimby <frank_quimby@ios.doi.goV>,
Hugh B Vickery <hugh_vickery@ios.doi.goV>, Joan Moody <joan_moody@ios.doi.goV>, Katherine Kelly
<kate_kelly@ios.doi.goV>, Queen Muse <queen_muse@ios.doi.goV>, Christine Lehnertz <chris_lehnertz@nps.gov>,
Dennis Reidenbach <dennis_reidenbach@nps.goV>, Gordon Wissi nger <gordon_wissinger@nps.goV>, John Wessels
<john_wessels@nps.goV>, Lisa Mendelson-lelmini <lisa_mendelson-ielmini @nps.goV>, Michael Reynolds
<michael_reynolds@nps.goV>, Steve Whitesell <steve_whitesell@nps.gov>, Sue Masica <sue_maslca@nps.goV>,
Craig Dalby <craig_dalby@nps.goV>, James Doyle <James_Doyle@nps.goV>, Jane Ahern <jane_ahern@nps.goV>,
John Quinley <john_qui nley@nps.goV>, patty rooney <patty_rooney@nps.goV>, Rick Frost <rick_frost@nps.gov>,
Willi am Reynolds <will iam_f_reynolds@nps.goV>
Washington City Paper
Jack's Boathouse Owner: Park Service Doesn't Own
Land Where It's Terminating Lease
Posted by Aaron Wiener on Jan. 18, 2013 at 9:07 pm
ltps ://mall.google.com/mail/b/ 152/u/O/?ul=2&ik =f 53476B664&v lovr-pt &cat: Jack's BoathOuso&search= ... 1/3
W.dn ncwscl!p; Washington Ci ty Paper: Jack's Boathouse Owner: Par ...
The National Park Service is moving quickly to award a new contract for the waterfront space currently occupied
by Jack's Boathouse. But Jack's owner Paul Simkin and his attorney think they may have discovered something
that could put the process on hold: They assert that the property no longer belongs to NPS.
The 1985 D.C. Council resolution that transferred a chunk of Georgetown waterfront property, including Jack's, to
NPS stipulates that the land shall revert to the city in the case of "Amendment or cancellation of the January 7,
1985, deed between Washington Harbour Associates, Georgetdwn Potomac Company, Mount Clare Properties
(D.C.) Inc., and the United States of America." There appear to have been two amendments to the deed: one on
April 5, 2000, and one on March 1, 2005. Simkin's attorney, Charles Camp, interprets this to mean that as of
the time of the amendments, the property reverted back to the city- Implying that NPS no longer has control over
the area and can't issue a new concession, which it's trying to do by the end of February.
Simkin and Camp brought up the Issue with Ward 2 Councilmember Jack Evans, who today passed the
documents along to D.C. Attorney General Irv Nathan and asked him to review the matter. Evans says he can't
pass legal judgment on the issue, but he encouraged Camp to file for a temporary restraining order to stop the
concession process while the case is under review.
Evans also says he contacted Mayor Vince Gray and Del. Eleanor Holmes Norton about the matter.
"She has jurisdiction over the Department of the Interior," Evans says of Norton. "One of the recommendations I
made of her is that she call [Interior] Secretary [Ken] Salazar and find out what's going on here. Don't they have
something better to do than terminate Jack' s lease?"
The offices of the mayor, the attorney general , NPS, and Norton did not immediately respond to calls and ernails
- it's late on the Friday before a three-day weekend.
The 1985 resolution also stipulated that NPS "shall assume responsibility to repair, maintain, and protect all
wharws. piers, bulkheads, and similar structures that are located onthe transferred land or in the adjacent
waters." On Jan. 14, Camp sent a letter to Stephen E. Whitesell, NPS' regional director for the National Capital
Region, and Neil J. Mulholland, president of the National Park Foundation, informing them of this clause and
saying, "Mr. Simkin is shocked and disappointed to ha1.e only recently learned from me that he unnecessarily
expended hundreds of thousands of dollars repairing, maintaining and protecting the wharves, piers, bulkheads
and similar structures that were, and for decades have been, the responsibility of the National Park Service."
Camp says he asked NPS concession specialist Steve LeBel if he was aware of NPS' responsibility to maintain
the facilities, and that LeBel "had no idea." Camp also says he met with NPS representatives today, and that
ll ps ;//malt. google. com/ malt/ bi 152/u/ O/?u i=2&ik =f 534 766664&v iew=pt&cat =J ac K's Boat house&s earch= . . 2/3
~ t newscllp: Washington City Paper: Jack's aoathouse Owner: Par. ..
they told him they expected Simkin to leave the property. Camp says he replied, "You can write it down: He's not
going to leave without a court order."
Simkin and Camp hope that the city's involvement can at least put the brakes on NPS' concession drive until the
legal issues are settled. Simkin believes city officials are on hi s side.
"The attorney folks for the ci ty are very, very interested in getting the land back for the city, " he says, "and I've
been ad\Ased by the city to file actions against the Park Ser\Ace very quickly."
In the absence of city action, Simkin is not hopeful that NPS wi ll award him the contract for the space Jack's has
occupied since 1973.
"We're being asked to bid on our own business," he says. "The National Park Ser\Ace, it's not a numbers deal
with them. It's a subjective deal with them. We're never going to win it. They'll throw us out. This is a very hostile
sort of takeover."
Evans says NPS has sent mixed messages about its intentions with regard to the concession process. "When I
talked to the Park Ser\Ace back in December, they agreed to kind of stand down," he says. "And today, without
any noti ce to anybody, they decideed to go ahead with the competition."
If the attorney general rul es that the land has in fact reverted to the city, that would have implications far beyond
Jack's, says Evans.
That ruling would transfer "the whole Georgetown waterfront, not just Jack's Boathouse.'' Evans says. "There are
positives and negatives to it, the negative being If we get it back, we have to pay to maintain it."
But he adds that fiscally, "We're in a much better position than we were in 1985 when this was done."
Evans thinks the 1985 Council resolution was born of concern that tile waterfront could face development, which
neighbors opposed. '' I think it has completely to do with Marion Barry," says Evans of the then-mayor. "He was
perceived as trying to develop that waterfront along the lines of Washington Harbour. I think there was a
sentiment back then that if we get this to the Park Ser\1ce, it'll never get developed."
Now, he wonders if NPS is ready for the onslaught of public opposition it could be facing, regardless of the
attorney general's interpretation of the resolution.
"i want the Park Service to come to its senses,'' Evans says. "I gotta wonder, whoever's in charge there, do they
know they're walking into a firestorm?"
tips: II mail. 900910. com/mall/ b/ 1 !i2/u/O/?u i=2&ik =f 534 768664&v low pt&cat " Jeck 's Boathouse&searc h= ... 3/3
(b) (6)
(b) (6)
IPAR1MENT OF THE INTERIOR Mail Why I signed I LOVE this placell ll
Why I signed --1 LOVE this place I!!!

Dear Ste\9 Whitesell , Regional Director (National Park Service),
Sat, Jan 19, 2013 at 7:14 AM
Change.erg.
I LOVE this place!!!! I have SOOO Many memories that I would like to continue with my familyllll
http://www.change.org/petitlons/national-park-service-sal,()-jack-s-boathouse-from-closure?responsc=
29a271 07f0 70
t t ps :/Im ail. google. com/ m ail/b/ 162/u/O/?ui=2&ik =f 634 768664 & v =Jack's Boat earch" . 1/1
(b) (6)
(b) (6)
INTERIOR Mall - Why I signed - Jack's Boathouse has allowed
Why I signed -- Jack's Boathouse has allowed
<mai l@change.org>
Dear Steve Whitesell, Regional Director (National Park Service},
Sat, Jan 19, 2013 at 5:09 AM
Change.org.
Jack's Boathouse has allowed thousands to appreciate the Potomac in the best way possible: by boating.
Why take away this pleasure from people? Also, at a time when the economy is so rough, why rob a steady
small business of its existence and deny 27 people of their job? This is just WRONG .
...
Burke, Virginia
http://www.change.org/petitions/national-park-service-sa-.e-jack-s-bo8thouse-from-closure?response=
29a27107fe 70
111
(b) (6)
(b) (6)
/29D8PAIHMENT OF lHE INTERIOR M<lll . Wily I .. I am a kay oker
Why I signed -- I am a kayaker
<mail@change.org>
Sat, Jan 19, 2013 at 1 :52 AM
Change.erg.
I am a kayaker in the DC area. Water access in the DC area is limited. and closing Jack's would further limit
public water access.

29a27107fe70
1/1
(b) (6)
(b) (6)
PARTMENT OF THE INTERIOR Mail - Why I signed Jack's Boal houso Is
Why I signed -- Jack's Boat house is
'mail@change.org>
1 esell@nps.gov
Sat, Jan 19, 2013 at 1:51 AM
Change.erg.
Jack's Boat house is a DC Landmark and a great experience. They give wonderful and informative kayak tours
of the Potomac!
Bremerton, Washington
http://www.change.org/petitions/national-park-servi ce-save-jack-s-boathouse-from-closure?response=
29a27107fe 70
llpio://mail.google.com/ mel!/b/152/u/ O/?ui=;l&ik=f 534 766664&v ieYFpt&cat=Jack's Boathouse&search= .. . 1/1
flll\'IW THE INTERIOR Mail - Fwd: In case you need these before Tuesday
Fwd: In case you need these before Tuesday
May, Peter <peter_may@nps.goV> Fri, Jan 18, 2013 at 11 :42 PM
To: Stew Whitesell <Ste"ve_Whitesell@nps.goV>, Lisa Mendelson <Lisa_Mendelson-lelmini@nps.goV>, Tara
Morrison <Tara_Morrison@nps.goV>
Cc: Tammy Stidham <Tammy_Stidham@nps.goV>
Now that I ha've read the City Paper article that describes Sim kin's allegations about the jurisdiction of the
property, I think these land records are especially helpful. You may haw already gotten these from Brian but I
thought I should forward just in case. To me it seems the remaining question is whether the amendments to the
Washington Harbour are "insubstantial". We will ha've to check them out.
My thanks to Tammy for sending these documents.
Peter
Peter May
(202) 619 7025
peter_may@nps.gov
From: Stidham, Tammy <tammy_stidham@nps.goV>
Subject: In case you need these before Tuesday
To: Peter May <Peter_May@nps.goV>
Tammy Stidham
1100 Ohio Dri've SW Room 228
\()ice - (202)619-7474
cell - (202)438-0028
fax - (202)401-0017
4 attachments
t!j 1985 DC council resolution and MOA between NPS and DC.PDF
5047K
1986 NPF letter.PDF
ttps: //m ail .google .com/mail/bl 152/u/O/?ui=2&ik=f 534 768664&v iew=pt&cat=J ack's Boathouse&search= ... 1/2
l\lll,:w THE llllTERIOR Mail - Fwd: In case you need these before Tuesday
127K
tj letter from NPS to DC regarding leases.PDF
176K
lease for Jacks boathouse.PDF
2134K
2/2
' .. y
)
.
COUNCIL OF THE DISTRICT OF COLUMBIA
WASHINGTON, D. C. 20004
OFFICE OF THE SECRETARY
Mr. Russell Dickenson
Director
18th and C Street, N.W.
Dear Mr. Dickenson:
SEP 2 3 1985
Transmitted herewith is a copy of Council Resolution 6-284,
entitled, "Transfer of Jurisdiction over Georgetown Waterfront
Park for Public Park and Recreational Purposes, S.O. 84-230,
Resolution of 1985".
This resolution was adopted by the Council in legislative
session on September 10, 1985.
If there are any questions regarding this resolution, please
do not hesitate to contact me, on 724-8080.
Attachment
Sincerely,
v
A. Smith
Secretary to the Council
) A RESOLUTION
6-284
IN THE COUNCIL OF THE DISTRICT OF COLUMBIA
Sept emb e r 10, 1985
To approve the transfer of jurisdiction over Georgetown
Waterfront Park to the National Park Service in Ward 2
for public park and recreational purposes.
RESOLVED, BY THE COUNCIL OF THE DISTRICT OF COLUMBIA,
That this resolution may be cited as the "Transfer of
Jurisdiction over Georgetown Waterfront Park for Public Park
and Recreational Purposes, S.O. 84-230, Resolution of 1985".
Sec. 2. Pursuant to section 1 of An Act to Authorize
the transfer of jurisdiction over public land in the
District of Columbia, approved May 20, 1932 (47 Stat. 161;
D.C. Code, sec. 8-111), the Council of the District of
Columbia approves the transfer from the District of Columbia
to the National Park Service of jurisdiction over parcels of
land that are part of Georgetown Waterfront Park, generally
described as real property owned by or under jurisdiction of
the District between the west boundary of Lot 805 in Square
1179 and the east boundary of Square 1174, and between K
Street, N.W., and Water Street, N.W., to the north and the
Potomac River to the south, as shown on the plats on file
with the District of Columbia Office of the Surveyor under
S.O. 84-230, Phase I and Phase II. The jurisdiction over
the property shall be transferred to the National Park
1
..
$irvice in 2 stages ) follows:
..
(1) Jurisdiction over Squares 1174 and 1175, Lots
800 and 801 in Square 1176, and the right of way for
Wisconsin Avenue, N.W., south ofK Street, N.W., shall be
transferred to the Natlonal Park Service upon the exchange
of letters that is required by section 3 of this resolution;
and
(2) Jurisdiction over Lot 802 in Square 1176,
Squares 1177 and 1178, Lots 800 and 805 in Square 1179, and
the rights of way of 33rd Street, N.W., and 3Sth Street,
N.W., shall be transferred to the National Park Service 5
years after the effective date of this resolution unless
reconstruction of Key Bridge and Whitehurst Freeway is not
complete or suitable sites and facilities have not been
obtained for the relocation of those public works facilities
now located on the parcels of land that are part of
Georgetown Waterfront Park.
Sec. 3. The approval of the Council of the District of
Columbia of the transfer of land authorized by section 2 of
this resolution is continqent upon an exchanqe of letters
between the Mayor of the District of Columbia and the
Regional Director of the National Park Service, which
provide, in detail, for the following:
(l} The District of Columbia shall retain
authority to maintain the integrity of the water and sewer
systems;
(2) The District of Columbia shall retain rights
of access to and use of the transferred land, in order to
2
maintain and recons JCt Key Bridge, Whitehurst ~ e e w a y and
' ..
K Street, N.W., as shown on the plats on file with the
District of Columbia Office of the Surveyor under S.O.
84-230, Phase I and Phase II.
(3) The National Park Service shall authorize the
District to use existing storage areas and public works
facilities until they are relocated to suitable sites by
mutual agreement by the parties;
(4) The exchange of letters shall include
conditions, including a reversion of jurisdiction to the
District of Columbia, which fully protect the District of
Columbia in the event either of: (A) Amendment or
cancellation of the January 7, 1985, deed between Washington
Harbour Associates, Georgetown Potomac Company, Mount Clare
Properties (D.C.) Inc., and the United States of America;
or (B) failure of Washington Harbour Associates to provide
$1 million for the construction of a park below K Street,
N.W., west of 31st Street, N.W.;
(5) The transferred land shall be used only for
public park and related purposes;
(6) The National Park Service and the District of
Columbia shall cooperate in finding alternative sites for
affected public services and in planning the development of
the park;
(7) The District of Columbia shall assign existing
leases to the National Park Service and the National Park
Service shall dedicate, through whatever means practicable,
any revenues from those leases to park development and
3
,
maintenance;
'
)
(8) The National Park Service shall accept the
property in the condition it is in at the time of transfer;
and
(9) The National Park Service shall assume
responsibility to repair, maintain, and protect all wharves,
piers, bulkheads, and similar structures that are located on
Sec. 4. Prior to the transfer of jurisdiction of
property authorized by this resolution, the.Mayor shall
develop a plan that provides for adequate enforcement of
parking regulations and for adequate off-site parking to
assure that the surrounding community is not impacted
adversely by any loss of parking spaces as a result of this
transfer.
Sec. 5. Upon adoption of this resolution by the
Council of the District of Columbia, the Secretary to the
Council shall transmit a copy to the Mayor of the District
of Columbia, to the Surveyor of the District of Columbia, to
the Chairperson of the National Capital Planninq Commission,
to the Speaker of the United States House of
Representatives, to the President Pro Ternpore of the United
States Senate, and to the Regional Director of the National
Park Service.
Sec. 6. This resolution shall take effect immediately.
4
MEMORANDUM OF AGREEMENT
RELATING TO THE TRANSFER OF JURISDICTION OVER
GEORGETOWN WATERFRONT PARK
FROM THE DISTRICT OF COLUMBIA
TO THE NATIONAL PARK SERVICE
This MEMORANDUM OP AGREEMENT, executed October 17, 1984,
is entered into by the National Park Service CNPS) and the
District of Columbia Cthe District>.
WITNESSETH:
WBEREASr On August 3rd, 1984, the National Capital
Planning Commission established the boundaries of the
Georgetown Waterfront Park as a part of the park, parkway and
playground system of the National Capital, pursuant to the Act
of June 6, 1924, 43 Stat. 463, as amended. The area known as
Georgetown waterfront Park Cthe Park) is located on the Potomac
River side of K Street, N.W., between a point west of Francis
Scott Key Bridge and 31st Street, N.W.;
WHEREAS, The District intends to transfer jurisdiction
over properties which form part of an area designated as the
Georgetown Waterfront Park, as described on Surveyor's Plat
Number s.o. 84-230;
WHEREAS, the NPS intends to use the transfered property for
public park purposes;
..
)
- 2 -
NOW THEREFORE, the parties, for the reasons previously set
forth, agree as follows:
1. The District shall submit a request to the Council
of the District of Columbia to transfer jurisdiction over
District-controlled parcels in Georgetown Waterfront Park {the
Park>. The transfer shall be staged such that the properties
between the east boundary of Square 1176, lot 802 and the west
curb of 31st Street N.W., shall be transferred immediately; and
the remaining such properties west of Square 1176, lot 801,
shall be transferred to NPS when such parcels are no longer
needed for purposes of Whitehurst Freeway and Key Bridge
reconstruction and for public works facilities as described in
paragraph 2 below.
2. The parties shall cooperale iu riuuluy
relocation sites in Ward 3 for the D.C. Department of Public
Works' solid waste and leaf collection and snow and ice removal
facilities which currently occupy portions of the Park area.
The NPS will allow the facilities to remain until a suitable
relocation site for those facilities, which meets the
operational needs of the District, is found. If such a site is
not found by March 31, 1985, the facilities temporarily shall
be consolidated on the remaining District parcels, west of
Square 1176, lot 801 until permanently relocated.
- 3 -
3. The District shall seek the approval of the
Federal Highway Administration to transfer to the NPS
jurisdiction of Park property acquired by the District for
highway purposes so that the NPS may develop said property for
public park purposes. The parties agree that they will not
take any action which would require the District to make a
credit to federal funds for the disposition of the property.
23 CFR 480, 43 Fed. Reg. 54074 (1980).
4. The NPS shall accept from the District the
transfer of jurisdiction over Park property and will use the
property solely for development of a public park.
5. A portion of the Park property shall be made
available for work and storage areas during the reconstruction
of Whitehurst Freeway under a permit from the NPS.
6. Perpetual maintenance easements for both the
Whitehurst Freeway and the Key Bridge and for the Potomac
Interceptor Sewer shall be executed by the parties.
7. The NPS shall assist in the relocation of the
bridge maintenance operation by issuing twenty-five (25) year
renewable permits to the District for the use and development
of property and improvements under the west end of the
northbound 11th Street Bridge within Square S-1001, lot 802,
and unassessed land situated between O Street, S.E. and the
' . .
- 4 -
Anacostia River, as shown in Book 162, Page 31, in the Office
of the Surveyor of the District.
8. After the transfer of jurisdiction over the Park,
the NPS shall begin a public planning process for the
development of the Park. The NPS shall involve the District
and representatives of the general citizenry in the planning
process. The plans shall be submitted to the National Capital
Planning Commission and the Commission on Fine Arts for
approval.
9. The NPS shall seek, subject to relocation of
District facilities as detailed in paragraph 2 above, the
necessary funds for planning, development, and operation of the
Park and shall provide public access to the site and certain
initial improvements to the site, such as grass, trees, and
benches, during the spring of 1985.
10. The NPS shall accept all assignments of leaseholds
currently on the Park property and shall seek to ensure that
revenue generated by those leaseholds shall be deposited in a
special fund for development of the Park.
. :- .,
- 5 -
WITNESS WHEREOF, the parties hereto have executed this
memorandum of understanding as of the date above first written.
The parties intend that the provisions contained in this memo-
or andum represent a consensus for action which will require
further future written agreement(s) to be executed by the
parties.

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_____________ ______ __
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Marion S. Barry, Mayor
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Manus J. Fish, Jr., Regional Director,
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NATIONAL CAPITAL REGION
L30(NCR-LUCE)
Mr. John W. Bryant
Executive Director, National
Park Foundation
1825 K Street, N.W.
Washington, D.C.
Dear Mr. Bryant:
1100 OHIO DRIVE, S. W.
WASHINGTON, D.C. 20242
11DEC1986
Under an agreement between the Government of the District of Columbia and the
National Park Service dated October 17, 1984, the Distrkt Government will
transfer jurisdiction of approximately 10 acres of land on the Georgetown
Waterfront betweeen 31st Street, N.W., and Key Bridge to the National Park
Service for use as public parkland to become a unit of the National Park
System in the Nation's Capital.
The lands were initially acquired by the District Government for construction
of the now abandoned Potomac River Freeway, and four leases have been entered
into by the District Government in the meantime. One is for the 400-space
parking lot operated by Harbour Parking Inc., a lease renewable on a month-to-
month basis. The second is with Clyde's Inc., for parking and docking
associated with a proposed 225-seat floating restaurant. This lease is for _ .
-----.30-years-. ack-' oathouse,-and- the ease-is enewable - -
on a 30-day basis. The fourth lease provides for transient docking at the
fool or Wlst:o11sl11 Avenue. This lease 1s also on a 30-day renewable basis.
The transfer of jurisdiction will be in two stages. The first stage from 31st
Street to a point midway between Potomac and 33rd Streets, will be transferred
shortly, and the remaining area in approximately 5 years, so as to enable the
District Government to use it in connection with the rehabilitation of the
Whitehurst Freeway. Only Harbour Parking and the Wisconsin Avenue dock leases
are in the first stage.
Our Office of the Solicitor advised that revenues derived from these leases
cannot be applied directly by the National Park Service to construction or
maintenance of the park and must be deposited in the General Treasury. The
leases can, however, be assigned by the District of Columbia to the National
Park Foundation which would act as a collection agent, and assign monies to
)
2
the National Park Service for construction of the park. The boundaries of the
Georgetown Waterfront Park have been established by the National Capital
Planning Commission, ~ n 1;1e expect the first stage transfer of jurisdiction to
occur during January of 1987.
We shall be pleased to receive your response to this approach and an
indication of a suitable time to meet and discuss the details. In the
meantime, if you have any questions on this matter, address them to me or
Mr. John G. Parsons of my staff who may be reached on 426-7750.
Sincerely,
sgf' Albert J. Benjamin
... '::J;, ;:::'.'
~ , Regional Director, National Capital Region
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bee:
NCR Surname/Files
SOL-Mr. Robbins
CHOH-Supt. Stanton
(L-Mr. -Jessup
L-Fil es
JJESSUP:nry:l2/ll/86:JESSUP#44:LL#6-922
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Unite4 States Department of the Interior
NATIONAL P A.R.K SF.R VlCE
NAnONA.L C!JIITAl. R.EVTON
1100 OH!O DR!Vt, S. W.
WASHIJiGTON, D.C.
L:.iO(NCR-1.UCE)
Honorable Marion S.
o! the Di st ri et of Co 1 Uf':l.bi a
n1strict Buiiding
13th & E Streets.
Wishin9ton, D.C. 20004
Debr
18 MAY \987
On September JO, 1985. the Councf 1 of the Di,tr1ct of adopted Council
Re)o1ution 6-284
1
which provided for the transfer of of District
of 1ands within the boundaries of Georgetown Waterfiont Perk to the
National Park 3 of the makes the transfer
contingent upon an exchange of 1ette:rs bet.ween us. This w111 serve tlie
lttter which required in 3 and indicates our agreement with the
l. Ttte District of Columbia shall retair:i .. authorny to ma1ntaln
water ancr sewer Sy:it.ems in the ara by m11ans of shown on the
plats on f1le the District of Co1umb1a Office of the Surveyor vnaer
s.o. Pl'lase I and F'hue II.
2. The District of Columb1a n:tain' riglih of to and use of the
transferred 1and in order to and rehabi1itAte Key Bridge. tha
\.lh'itehurst ano J'.. Street, N.W'., u $hewn ol'I tl"tP on file
the Distr1't of Columbia of the Surveyor under S.O. 84-230, r
and Phase Il.
The District of Columbia iS pl"'esently t:onsider1n9 conr1ectin9
ramps from lower K Stret?t, N.W., to Cana1 Road 4nd Key Bridge. If the
District determines that such conrieet1ons shou1' be tht
Distr1Gt wi11 sek a resolution of the Council of the Oisttict or
Columbia, prior to the sec.ond .stage of jurh
1
dic.t'\on provided for
in Section 2(2) of Resolut1on 6-284, whieh wi11 reserve to the Oistrict of
Columbia jurisdiction over "the iand nec.es:sary to c.onstruct and ma.intain
those connecting
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'fl'le Perk Ser'r'1<:.e to the 01strict of Columbia to use
existing storage artas and public works fae11it1es until are
relocated to sui table by the agreement of the Mayor and the
Regionl1 Director. Nationa1 Capital Region, Nationa1 Park Serv;ce.
If the deed, dated January 7, l98S, between Washington Harbou r Assoetat es,
et. al and the Un1ted States of Amer-it.a, 1.s . ..amanded by other than
technica1 or insubstant1al or cancelled. or 1f Washington
Harbour fails .to provhlE! $1 m'i1Hon for thi:i construction of a
park between 31st Street. and Wisconsin M.W., then
jurisdiction shall rtvert to the of Columbia.
S . agree that the transferred lands sha11 only for pubHc :i;ir.lc
Howevef, this does not the assignment of
existing leases to_ the Nat ion a 1 Pairk serv1 ce.
6. The National Park Service sha11 cooptrat!? with the Oi>trict of in
f inding altarnative sites for affected public serv1ces and in planning t he
developlflent of the park. In regard we 1ssued the necessary
perm1t to provida for the relocation of the Br1dge Divis1on to the 11th
and 0 Street site. The National J'>ark Service shal 1 cont1nue t..o -tn ... oive
the D1Strict of Colombia of P1anning _in our planning for the
7. The 01st.rict ar Co1umbh slia11 delQgah its duties under existing
arid shell assign the rents der1ved from exi stir1g leases to the Nat f onal Pe
Foundation, to used to the l>ol'lcfit of thP. Geor9etown Waterfront Park..
8. 'The Nationa1 Park Serv1ce wi11 aeeftpt jurisdictfon 1)ver the property fo
existing condition as of Lhe ddte of transfer of jurisdiction.
9. The Ni.tfona1 Park Service shall assume responsibility for shoreHne
maintenanc.e to inelude repair and ond protec.tion of a1l or an)
wharves, piirs. buikheads ond similar structures by p8rk
oevelopl'llent plans and M t the sut.>jeet of lu$es 1ocatad on the tr-ansferrec
land or 1n the adjacent waters.
Section 4 of tlil!! resoli.tticn a1so reciu1res that- the District of. Co1umbi4
conduct a parking study prior to transferr1ng National
Service ha' the Georgetown Plan, and
concurs 'Kith 'ftt
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We apprec1ate the cooperation of the Mstrict of Co1umbia in this important
transfer> and look forward to the creation of the waterfront perk.
Sincerely.
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I concur:
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LE ASE A G R E E L T
NO. OLN-1008- 73
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THIS AGREENEJ.l.'T, made and executed this 1 -day of Cc:-..:\ ,.:.:-, 19i3,
by and between the District of Columbia, a ::::unicipal herei!12.ter
to as the "District" and John W. Ba:,ter an:i . ::or-....a. Lee 3a::ter, bis :ife,
of 1377 Canterbury Hay, Rockville, Maryland, 20354, her!::ioafter referred to as
"Lessee", for the purpose of pem.ittin;s a :::i::::::;.:>rary lease of the he:;:ein-
after described premises by the Lessee.
WITNESSETH, that the "District" does here':ly grant ::he lessee,
use and occupancy of the premises known as Lot 805 it? Square 1179 in the City
of Hashington, in the District of Columbia, c=e::lcing on Octcbe::- 1, 1973 a::i.d
continuing thereafter from month to r.ionth for the Si.=t of Two li;.i;:.crad Seven.tr-
Five ($27 5, 00) per month pay ab le in advance without ci:::and to t:ie Deparr-ent of
General Services at 613 G Street, N. W., Washingto::i., D. C,
AND, the Lessee hereby agrees as follo:;s;
1. That he will make said pay:.ants fc::- use of t'.:':a said lot
without deduction or deoan1.
2. Tnat he will pay utiliti.es, if c.nd otl:e::- charges as
the sarr.:a. due an:. the to )istirct
of repair or service to by
his act or neglect.
3. That he wil 1 use said pra;;:ises :c-r :ioat rentals and re-
lated activities and :fo:- :10 ot:he:- ::;:ir?ose
without the express consent of ::he District.
4. That he will not use or allow said ;:::-e=ises c::- a:i.y :;art
thereof to be used fo:- any u::la::i;..:l 7 .. 1r?ose, u::- a?Jy
i;.oisy, bois te.rous, or 0-:r:s :.::: !:a :ir..er.
5. That he will not transfer or this o:-
let or sub-let the t.'hole or an; ;: . .,:;:;: of sa.E
witl1out written consent of had
a;ld cbtnin.-.d.
6.
7.
That he WLll keep said pre:!ses
dition and surcender a: as
occupancy sh2ll =n= o-rt;?r i=-: .:.:1.c:1
they a:ce received, .:ear a.:-:.:i t.::t::- z.nd
ing from acts not causeci h) ths

e::ccpte<l.
to
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other pi:c;-::rtr or :o: ::-.'= : ": e::-::;
Di::l:-::..i.ct
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8. That he not a:.l::.;; a;::.y gasolin.: or other com-
bustible to keot in said premises. _
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9. That all pzrsoncl F=:>?a=ty on saici premises shall be
and remain at his =isk, and the District shall not
be liable for any car3;e to, or loss or theft of, such
personal property a?:isi::\;?; from any acts of negligence of
any other pzrsons, er heating or plumbing fixtures,
or from electric :ir fb:tures, or from any other
cause 1ihatsocver, no= the District be liable for
any injury to the of the Lessee or other persons
in and about said ;:.=::::-.ises, the Lessee expressly agree-
ing to save the District harmless in all such cases.
10. In accordc:.nce with la;; :i.:> 1:1enber of or delegate to
Congress shall be to any share or part of this
contract, or any be:i.=iit to arise therefrom.
11. In the event that t:te ;;re::iises herein were acquired by
the District in proceedings it is expressly
understood by the parties hereto that this agreement
shall be subject to any o=ders of the Superior Court for
the District of entered in such proceedings
which may be in aodification or limitation of the rights
herein provided.
12. (a) Lessee will, at Lessee's own cost and expensei pro-
vide, maintain, and kee? in force at all times during
the period of this lease and any renewal or extension
hereof public liabilit; and property damage insurance in
Lessor shal 1 ;ie as an additional named in-
sured covering the a:-.:i::e demised premises and business,
with not less than the :allowing limits of liability:
Public 112.bili!:\" for bodily injuries or death
sustained by any one ?e:s:>;i, $500,0QQ with a total lir:iit
of liability for bocily injuries or death sustained by
than o;ie i:: o;ie accident, $1,000,000;
Property for any one accident; $100,000
and $500,000 in tne eg5=egate.
(b) Lessee will no!: in a:::: manner do, pernit or suffer any
act or thir!g in or 5aid premises which rr.ay :.iake void
or voidable .:.r.y req'.lircd under the terms of this
lease, and to the Lessor all policies
of insurance ;i;: t!:e provisions of this lease, and
Lessee also to Lessor from time to and
Lessor r..<>.; re:;;a;;t the: same, such evide1\ce as
Lessor nay t'.:-.a fact that such insurance is in
full force and efiac::, e::d of the dates to which prer.;iums
therefore h.:.'."C? !Jeer. ;:;aiC., .:.nd, further, all insurance
policies shall co:i.tai:-, c. provisio:\ that the said policies
t::.ay not o:: li:tl rc1: any reason
thirty (30) day:> af::er .. notice of such prop"osed
or l : . .=.s received by or
u:ol.css Lesso: a:: ; :=:.<l:: ca'.1Se!"'.t thereto or request
the::
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PROVIDED ALWAYS, that if the Lessee shall fail to make payments for
l.!se in advance as aforesaid, t::::-e shall have been no lega..l or formal
demand r.iade, or shall break or violeta a:".;: of the co.nditions or agree-
ments, then and in either of and all 'things herein
contained shall r: che option of the Dist:-ict cease and determine and such
or violation shall operate as a to Q.iit, any other Notice to
Quit being hereby expressly waived, an:!. th: District r:2.y proceed to recover
possession of said premises under acd by virtue of the provisions of the Code
of Law for the District of Coluci>ia.
IF PROCEEDINGS shall at any ti.::.a be co=enced for recovery of
possession as aforesaid and compro:-:ise or shell be effected either
before or after judgment the Lessee s:i,an be to re.tain
possession of said ?remises, then such frocaedings shall not constitute a
waiver of any condition or herein or of any subsequent
breach thereof or of this agreement.
IT IS FURTHER UNDERSTOOD that in the event the Lessee
is adjudicated a bankrupt or makes an assi:!;:-:.=ent for thebenefit of their
creditors, agreement shall at tte O?tic:: the Dist:-ict cease and deter-
mine and said premises shall be su.l"ren:le:-E::. !:o che District which hereby
res2rves the right, in either of said ever.ts, to forthwith re-enter and re-
possess said premises.
IT IS FURTHER u:.:nERSTOOJ ;.:.-;-;; Ai:;::.:::::J, that the conditions and agree-
men ts co:;t;aincd herein are binding o::, a:::. :--.E."/ be legally enforced by the
parties their heirs, execu.tor5, and assigns,
rE:spec.t ively, and that no waive:: of 1: of any co:: :l ition or agreement
containec herein shall be construec ::o ba a :-:aiver of tha.t condition or agree-
BUT, if no default occurs on ?art cf the Lessee, then he shall be
entitled to Thirty (JO) Days' no tic.; ::o :c.:.c.:;: : ': :? which notice shnll
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be given in writing at least Thirty (30) before said occupancy is intended
to be terminated, and the District o:: its s;ccessors in interest shall be
entitled to' the saae notice the Le;see he desire to vacate said
premises.
IT IS FURTHER AGREED in event the Lessee shall default in
the payment of an)' install:!:ent or violate provisions of this agreement,
and the District shall deeo it necessari to institute legal proceedings to
prosecute the sar.:e, then and in that eve:::.t, t::e Lessee expressly agrees to pay
court costs, notary fees, interest reasonable attorney's fee.
IN WHEREOF, the lessee have signed these presents the day
and year heretofore written.
Date : __ {..._t>_-_11__7_J __ _
J o!ur w. Baxter
1377 Canterbury Way
Rock,1ille, Haryland-
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20854
c.u1:;__
Xo::=:.a ice J
1377 Way
Rock,;i:lla, Hacyland
Accepted:
20854
Cilief , E:<:al Estate Acqu_isition Division
GOVERNMENT OF THE DISTRICT OF COLUMBIA
DEPARTMENT OF GENERAL SERVICES
Mr. and Mrs. John W. Baxter
1377 Cantebury Way
Rockville, Maryland 20854
$13 G STREET. N. W.
WASHINGTON. O. C. ~ O O O f
FE.B1211Wc
Re: DC-OLN-1008-73, Lot 805 in square 1179
Rental Increase, Amendment No. l, Reference No. 840.0551
Dear Mr. and Mrs. Baxter:
This will serve to arrend the above captioned Lease Agreement dated
October l, 1973:
Commencement date of April l, 1982
Amendment No. l
To increase the present
monthly rental from: $275.00 to $356.00
All other provisions under DC-OLN-1008-73, dated October l, 1973 shall
remain in full force and effect, except the aforementioned changes.
Please acknowledge this Agreement, keep one (l) copy for your records
and return the original and three (3) copies of this Agreement all properly
executed to this office.
Enclosures
Acceptance:
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Sincerely yours,
~ d / 2 ~ ~ ~ ~
Harold 2'. Henson
Acting Director of General Services
Contracting Officer
Date:
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RECEIVED
MAR 2 41982
AGREEMENT OF LEASE
MADE-and entered into this b day of September, 1985,
by and between the DISTRICT OF COLUMBIA, a corporation
hereinafter called the "District," and Williamsburg, Inc.
a District of Columbia Corporation, hereinafter called the
"Corporation,"
WHEREAS, the Corporation will provide approximately 100
jobs in the operation of a floating restaurant and related facili-
ties, and certifies that it will contract with the Department of
Employment Services as its first source for the recruitment,
referral and placement of such employees, as provided in paragraph
4 of Mayor's Order No. 83-265, and will use its best efforts to
perform at least 35% of the contracting effort with certified
Minority Business Enterprises pursuant to the provisions of o.c.
Law 1-95, the "Minority Contracting Act of 1977," as amended;
WHEREAS, the Corporation and the District recognize that the
Williamsburg project will seek to be consistent with the
District's commitment to develop this area as a park and that said
vessel and related facilities shall be of a design appropriate
to the historic setting.
WITNESSETH, that for and in consideration of the rent hereby
reserved and of the covenants, conditions, and agreements herein
contained, and on the Dart of the Corporation to be paid,
observed and performed, the said District has agreed to let and
does.by these presents lease and let unto the Corporation, and
the Corporation has agreed to take and does hereby take and hold
as a tenant, the following described land:
-2-
l. LEASED PREMI SES
A. of Leased Premises.
The leased ptemises for this agreement consist of
the seawall adjacent to the shoreline of 1178, and two
parts, which are as follows:
PART I
Beginning at a point on the southerly right of way
line of "K" Street, formerly Water Street, said point being the
northeasterly corner of Square 1178 and running thence with the
division line between Square 1177 and Square 1178 the following
two courses and distances
l. South 1547'50" West 21.00 feet to a
point thence;
2. South 0133'00" East 132.55 feet to a point on
the Bulkhead and Pierhead Line of the Potomac
River as established by the U.S. Engineer's
Office and running thence with and along said
Bulkhead and Pierhead Line the following
courses and distances;
3. North 6408'18" West 33.73 feet to a point
thence;
thence;
thence;
thence;
7. North 7741'51" West 120.13 feet to a point on
the easterly right of way line of 35th Street,
thence with and along said easterly line;
the aforesaid southerly right of way line of
"K" Street the nce with and along said line;
9. South 7348'00" East 254.00 feet to a point,
thence;
10. South 7410'22" East 38.00 feet to the place of
beqinning, containing 32,457.5633 5quare feet
or 0.7451 of an acre of land.
PART II
Beginning at a point on the northeasterly corner of
Lot 800, Square 1179, said point making the intersection of the
southerly r-ight of way line of "K" Street, formerly Water
-3-
Street, and the Westerly line of 35th Street, thence with and
along said Westerly line:
1. South 0126'30" East 115.00 feet to a point on
the Bulkhead and Pierhead Line of the Potomac
River as established by the u.s. Engineer's
Off ice and running thence along said Pierhead
Line the following two courses and distances;
thence;
thence leaving saict p ~ ~ h e a d Line and running
with the division line between Lot 800 and Lot
801, Square 1179;
the aforesaid Southerly right of way line of
"K" Street, thence with and along said right of
way line;
s. South 7348'00" East 126.66 feet to the place
of beginning containing 14,001.8960 square feet
or 0.3214 of an acre of land;
B. Exhibit.
Attached as Exhibit "A" is a sketch showing the
premises demised under this lease.
c. Parking.
Room for eighty-six automobiles, the approximate
location of which is shown in Exhibit "B", is included for the
exclusive use of the Corporation for parking. If during the
refurbishing of the Key Bridge or any other period of construction
by the District, in the course of which the District exer-
cises its right of use pursuant to Subsection 6 C and the
parking area is restricted, the District will provide alternate
parking as close to the site as DOssible and approximately the
same size as the location on Exhibit "B". During this period the
Corporation may at its election provide valet parking for its
customers. The District reserves the right to provide an alter-
nate site for rarkina eighty-six automobiles should the permanent
site not be available at any period during the lease, provided
however that the alternate location be as close as possible to
the site and approximately the same size as the location shown on
Exhibit "B".
-4-
o. Exclusive Docking Rights.
The restaurant shall be located adjoining Square
1178, at a location to be approved in writing by the District
when docking construction plans are finalized by the Corporation.
Such approval shall not be unreasonably withheld or delayed. The
leased premises include docking rinht<_ and rights to construct
an authorized jetty with appropriate pilings on the Potomac River
bottom. The Corporation will obtain all necessary governmental
approvals to engage in construction beyond the shoreline. This
area shall be used exclusively for the docking of the restayrant
and for two piers under the control of the Corporation for
public use.
E. Temporary t r u c t u r e ~
The Corporation may construct temporary structures
for space relating to the subject project during its construction
or thereafter for storage of materials related to the project.
When the construction work is completed, the temporary structures
are to be dismantled and the Corporation will be solely respon-
sible for all restoration work to conform the premises to the use
provided herein.
F. Shared Additional Park and Landscaping Area.
In order to enhance the project area, it is
understood by the District and the Corporation that additional
land may be made available in the future to the Corporation under
the plan for park and landscaping purposes under such terms and
conditions as the parties may agree to in writing.
- 5-
G. Employment and Contracting.
The Corporation will provide approximately 100 jobs
in the operation of the restaurant and related facilities, and
will contract with the Department of Employment Services as its
first source for the recruitment, referral, and placement of such
employees, as provided in paragragh 4 of Mayor's Order No. 83-265
and will use its best efforts to perfor:m at least 35% of the
contracting effort with certified Business enterprises
pursuant to the provisions of o.c. Law 1-95, the "Minority
Contracting Act of 1977," as amended.
2. TERM OF LEASE.
The District and Corporation agree that the rights,
obligations and duties that arise under this Agreement shall
commence on the date of the signing of the Agreement. The term
of the lease is thirty-five (35) years from the opening of the
Restaurant for business.
3. RENT.
A. Rental Payments
The District and the Corporation agree that the rental
payments set forth in the subsections below will commence twelve
(12) months from the date of the of this lease agreement
or from the opening of the restaurant for business, whichever is
earlier. The rent will be payable monthly in advance on the first
day of each month, during the term of this occupancy to:
H&E Management Associates
405-Sth Street, N.E.
Washington, o.c. 20002
or to such other person or place as the District may direct from
time to time.
-6-
B. Minimum Rent.
For the entire term of the Lease, the rent shall be
Eighteen Thousand ($18,000.00) Dollars per annum, payable monthly
at the rate of One Thousand Five Hundred ($1,500.00) Dollars.
The $18,000.00 annual basic rental ayment will be a
minimum rent. The Corporation agrees to pay the greater of the
minimum annual rent or a percentage rent at the rate of one and one
half percent (1.5%) of the annual gross sales of the Corporation
from all sales at the premises, including but not limited to, the
sale of food, beverages, and parking, less applicable sales taxes,
but with no deduction for the cost of operation by the Corporation
of the restaurant, bar and parking lot. Gross sales for purposes
of this provision shall not include any discounted or gratuitous
portion of food, beverages, or parking provided to employees or
customers.
c. Percentage Rent.
For the purposes of computing the Percentage Rent due,
the Corporation shall, consistent with accepted accounting proce-
dures, at the end of each month of operation prepare a statement
of gross sales and compute on a monthly basis the Percentage Rent
due based on the formula described above. The Percentage Rent for
each month in which such a rent is due under the terms described
above shall be paid within 15 days of the end of that month.
o. In.spection of Accounting Records
The Corporation agrees to promptly ~ r o v i e all gross
sales information requested by the District, and to make its books
available for inspection at the premises, regardless of where said
books are normally kept. Inspection of such books may be at any
reasonable time upon reasonable notice during tenancy and for a
period of three years thereafter.
4. DEFAULT.
A. If the Corporation does not pay the rent or
any other payment required by this agreement when and as
the same becomes due and payable, although no demand shall
have been made for the same, or if the Corporation after
ten (10) days of receipt of written notice should fail,
-7-
neglect, or refuse to keep and perform any covenant, condition, or
agreement herein contained, and on the part of the Corporation to
be kept, performed and observed, or if the same or any of them
should be broken, or if during this Lease or any extension hereof
the Corporation should suffer or permit a final judgment or decree
to be entered against the Corporation for the payment of money and
not supercede or discharge the same thirty (30) days after
its entry, or if the Corporation should become insolvent, commit
any act of bankruptcy, be adjudged bankrupt, or compound with or
make any assignment for the benefit of creditors, or if execution
should be levied against the Corporation's interest in this Lease,
or if any suit should be successfully prosecuted against the
Corporation which involves the possession of the demised premises,
or if a receiver or trustee in bankruptcy should be appointed for
the Corporation, then, if after ten (10) days notice in writing the
Corporation fails to cure the default, in each and every such
event, and at all times thereafter, at the option of the District,
the Corporation's right of possession shall thereupon cease and
determine and the District shall be entitled to the possession of
said premises and to re-enter the same without demand for possession,
and may forthwith proceed to the possession of said premises
under and by virtue of the provisions of law regulating proceedings
between landlord and tenant. The District shall have no rights
under this subsection if the Corporation, within the ten (10) day
period provided tor in this subsection commences to remedy a
Jefault which by its nature cannot he completely cured in said ten
(10) day period, and if the Corporation diligently completes such
remedy. And the Corporation hereby agrees expressly and covenants that,
-8-
upon the occurrence of any of the events hereinabove set forth,
all the Corporation's rights under this Lease shall cease and
determine and the same shall operate as a notice to quit, any
other notice being hereby expressly waived: provided that
if, under the provisions of this Lease, any proceedings are taken
by the District and a compromise settlement should be made either
before or after judgement whereby the Corporation shall be allowed
to retain possession of said premises, this Lease shall not merge
in such judgement, if any; and such proceedings shall not operate
to terminate this Lease or constitute a waiver of any of the cove-
nants, conditions, or agreements contained: and provided
further, that in the event of such re-entry by the District by pro-
cess of law, or otherwise, the Corporation nevertheless covenants
and agrees to remain answerable for any and all damages, deficien-
cies or loss of rent, except damages to third parties incurred
after re-entry oy the District, which the District may sustain by
reason of the Corporation's default, and the District is hereby
granted full power by the Corporation and shall use its best
efforts to re-let the said premises for the purpose of mitigating
any damages caused the District by any act of the Corporation and
upon such re-letting, the District shall not be obligated to await
the end of the term of this lease for a final determination of the
Corporation's account, but shall have the right each month to sue
for and recover any loss of rents or monthly deficits, with the
right reserved to the District to bring any action(s) or
proceeding{s) for the recovery of any deficits remaining unpaid.
-9-
a. At tor ne y's Fees.
The Corporation agrees to pay all court costs and
reasonable attorney's fees incurred by the District in connection
with obtaining possession of the premises or in the enforcement of
any covenant or agreement herein contained through legal pro-
ceedings, unless judgment is rendered against the District.
5. A. Waivers.
No waiver of any breach of any covenant, condition or
agreement herein shall operate as a continuing waiver of such
covenant, condition or agreement of this Lease.
B. Parties Bound.
This Lease and every covenant, condition and agreement
herein contained shall be binding upon the successors and assigns
of the parties hereto. The District warrants that it owns or has
jurisdiction over the premises and further warrants that it has
the right to enter into this Agreement without the joinder of any
other party.
6. USE OF DEMI SED PR EMISES.
A. Exclus i v e Use.
The aforementioned rental provides for the Corpora-
tion's exclusive commercial use of the premises subject to the
District's right to provide alternate The premises
include the seawall, adjoining riparian rights for short-term
patron river traffic, and reasonable joint use of ingress and
egress to and from the improvements over land to a public street.
The general public is entitled, however, to share the area for
-10-
promenade and recreational purposes as indicated on the Georgetown
Waterfront Park Plan (NCPC Ref No. NP-165). Use by the general public
qf the premises for promenade purposes shall not unreasonably
interfere with the Corporation's use of the premises. A temporary
halt of th: subject project of less than 180 days shall not affect
the Corporation's right with respect to the premises demised under
this Lease. The District reserves the right to permit other com-
mercial tenants, including restaurants, to establish competing
facilities in the vicinity of the premises.
B. Lawful Use.
The Corporation shall not use, suffer or allow
said premises to be used for any disorderly or unlawful purpose.
The Corporation will conform in all respects to the requirements
of all District of Columbia zoning and other laws, regulations
and ordinances as well as the requirements of all safety,
health, fire, police and other governmental authorities having
jurisdiction thereof.
c. Discrict Use.
1. The District reserves the right in perpetuity for
itself and for its agents to enter upon said premises, following
reasonable notice to the Corporation, at any reasonable time to
maintain and/or repair sewer or water facilities as shown on
Exhibit "D" or for the purpose ot conducting such soil t e ~ t ~ t!nyi-
neering surveys or other work, as may, in the reasonable judgement
of the District, be necessary in connection with any public deve-
lopment thereon, or in connection with any construction, or repair
or public development of adjacent District or federal property.
,If the District exercises this right, then, except as provided in
paragraphs 2 and 3 of this subsection, and if requested by
the Corporation and if the period of interruption exceeds four
(4) consecutive hours or more, a reduction in the monthly rental
shall be allowed by the District. The District shall use its best
efforts not to interfere unreasonably with the operations of the
restaurant.
-11-
2. It is expressly agreed by both parties that for the
purposes of maintenance and repair the District retains a perpetual
right of access of 15 feet on each side of Key Bridge, Whitehurst
freeway, supporting ramps and that the exercise of such right
shall not affect the rental payments due this agreement. The
District shall be solely responsible for all restoration work
required as a result of its use of any portion of the premises
under the foregoing reservation of rights.
3. If within the first ten (10) years of this agreement
the District begins construction related to the Key Bridge,
Whitehurst Preeway, Canal Road, or supporting ramps, the District
shall be entitled to occupy and use, and exclude the Corporation
from occupying or using, any portion of the premises between Water
Street/K Street and the line marked A-Bon Exhibit "B". If the
District exercises this right the Corporation shall remain obli-
gated to pay rent pursuant to Section 3 of this agreement.
D. Permitted Uses.
The Corporation shall use the premises solely for the
operation of its restaurant, loading and unloading supplies,
parking of vehicles subject to the District's right to provide
alternate parking, and related administrativa business and opera-
tional facilities (e.g., trash hauling equipment and gangways).
The Corporation further agrees that no other use or activity
shall be conducted from or upon the premises and no structures
shall be erected used upon the premises without prior written
approval of the District. The District's approval shall not be
unreasonably withheld or delayed.
E. Quiet Enjoyment
The Corporation, upon paying the rents herein reserved and
performing and observing all of the other terms and conditions of this
lease, shall peaceably and quietly have, hold and enjoy the premises
during the term hereof.
7. NO DEMAND.
The Corporation shall pay the rent herein reserved
when and as the same becomes due and payable as aforesaid,
without any demand oc deduction, as may be specifically
-12-
8. UTILITIES.
The Corporation, at its sole cost and expense, shall
promptly pay all charges for water, sewer, gas and electricity
used on the premises during its tenancy thereof when the same
severally shall become due and payable, and shall make such
necessary deposits at the offices of the suppliers of the respec-
tive utilities as may be required to secure the same.
9. SUBLEASE; LEASEHOLD MORTGAGE.
The Corporation may not assign, sublet, transfer,
mortgage or otherwise encumber this or any portion thereof,
without first obtaining the written consent of the Director,
Department of Administrative Services. Such consent shall not be
unreasonably withheld or delayed.
The Corporation shall not use the premises for
any purpose other than those specified in this Lease Agreement,
without first obtaining the written consent oE the Director,
Department of Administrative Services. Such consent shall not
be unreasonably withheld or delayed.
l 0.
The Corporation agrees to permit the District or its
agents upon reasonable notice to have access to and enter upon
said premises or any pact thereof at all reasonable times for
inspection purposes and no claim, action for damage or setoff for
rent by reason of or on account of such entry shall be made,
or allowed.
11. IMPROVEMENTS AND RENTAL CREDITS.
In order to operaLe a restaurant on the leased premises,
the Corporation shall provide the initial utility connections that
are required exclusively for the vessel. The costs
shall be paid for by the Corporation at no cost or expense to the
District. The Corporation shall also repair the existing seawall,
build the promenade, plant trees of the type and caliper indicated
on the Georgetown Waterfront Park Plan (NCPC Ref. No. NP-165)
and provide the necessary landscaping and pavement for the parking
areas as agreed to as part of interim and final parking arrange-
ments and may, if it so elects, make additional improvements to the
leased premises and adjacent land areas consistent with the
Georgetown Waterfront Park Plan (NCPC Ref. No. NP-165) or fwture
Amendments to the plan.
-13-
The Corporation shall be entitled to a rental credit for all
hard and soft costs expended in making the above repairs and improve-
ments, including but not limited to construction costs for public
docks, promenade, plantings, grading, lighting, paving, public piers
and pilings and all architectural, engineering and consultants' fees
in connection with same as well as all interest charges at the lend-
er's "base rate" should the Corporation borrow the funds to make
repairs and improvements. Monthly rental payments above One Thousand
Five Hundred ($1,500.QO) Dollars will be abated monthly until the
entitled credit has been liquidated. The District shall not be obli-
gated to reimburse the Corporation for any amount by which the
Corporation's expenditures exceed the rent provided for under this
agreement. It is understood and agreed that the foregoing rental cre-
dits shall not apply to the construction or repair of the restaurant
itself or the structure on which it is built but shall apply to all
repairs and improvements as described in this section made. at any
time during the term of this Lease.
12. MAINTENANCE
The Corporation, at its sole cost and expense, shall at
all times during the term of this Lease keep and maintain the
demised premises, grounds, walks, curbs, roadways, and any and
all other portions of said premises in good repair and in clean,
safe and sanitary condition. The Corporation shall take
necessary measures to prevent interruption of services or damage
to utilities within or adjacent to the premises. The
Corporation shall provide and empty daily an adequate number of
waste receptacles for use by the public, and shall clean the
area daily or more frequently as necessary to keep the area
looking neat and clean at all times. The Corporation shall
dispose of gathered waste materials in a lawful manner.
13. HAZARDOUS MATERIALS.
The Corporation shall not cause or allow any oil,
grease, flammable liquid, or other deleterious or hazardous matter
whatsoever to be discharged on, remain on, or flow over any public
or private space within, near, or adjacent to the premises or
the roadways which lead to or from said premises, from any
vehicle located on or activity or condition conducted or existing
within the limits of or in connection with said premises, and shall
conform to pollution regulations of the District of Columbia.
-14-
14. RISK OF LOSS.
The Corporation assumes and shall bear the sole risk and
cost of any injury to person or damage to or loss of property of
any kind or nature whatsoever, in, upon, or about the premises at
any time curing the term of this Lease or any renewal or extension
hereof. This section shall not operate to exculpate the District
from any liability for damage to persons a n d o ~ property which is
the roximate result of a direct negligent act of the District or
its employees performing within the scope of their employment and
in the furtherance of the business of the District.
15. TOILET FAC I LITIES.
The Corporation shall provide adequate and separate
male and female toilet facilities in the restaurant for the use of
employees and its guests.
16. LICENSES AND TAXES.
The Corporation shall, at its own risk, cost, and expense,
obey, carry out, and perform any and all laws, rules, regulations,
and orders now in effect or hereafter made effective by any govern-
mental authority with respect to the premises and the occupancy and
use thereof, including payment of all fees, license and permit
charges, and business and payroll taxes required for the conduct of
the business and operation of the Corporation on, at, or from said
premises, and the Corporation shall indemnify and save harmless the
District, its agents, and its employ,ees t:rom all ;:ienalties, <.:loLms,
and demands resulting from the Corporation's failure or neglect to
comply promptly with such laws, rules, regulations, and orders.
The District, in its sole discretion, shall have the right, -3fter
giving due notice to the Corporation in writing (except in emergen-
fies) to comply therewith for and in behalf of the Corporation, and
the Corporation will ~ a y immediately to the District all reasonable
costs, and charges incurred by the District in this connection as
additional rent. And it is expressly agreed, covenanted, and
understood that upon the discretion of the District or any officer
thereof, the Chief of Police, or the Fire Chief, or any of their
authorized agents, Corporation shall forthwith correct,
-15-
eliminate, or remove from said premises any conditions, which, in
the reasonable opinion of the said District Officer, Chief of
Police, or ~ i r e Chief, or agents aforesaid, constitutes a hazard.
17. INDEMNITY.
The Corporation shall and by these presents does hereby
agree to indemnify and save harmless and continue to indemnify
and save harmless the District, its ag-,ts, and its employees from
all penalties, claims, and demands resulting from the Corporation's
use, occupancy, and tenancy in the demised premises and in the
conduct of its business on said premises. It is expressly
understood and agreed that except when utilizing or exercising
its right of access guaranteed in Subsections 4 A and 6 C of
this Lease F>.greement, the District, its agents, and its employees
shall not be liable to the Corporation or to any person for any
accident, injury, loss, or damage to any person or property while
in, upon or about, or entering or leaving said premises at any
time during the term of this Lease or any renewal or extension
hereof, resulting from any cause whatsoever, except where any
accident, injury, loss, or damage to any person or property
results Erom the negligent acts of the District's agents and/or
employees performing within the s o ~ e of their employment while on
the Corporation's property or leasehold; and all claims, except
those which result from negligent conduct by the District's
agents and/or employees performing within the scope of their
employment while on the Corporation's property or leasehold, and
the District is hereby released from all claims therefor and nay
plead this release in bar thereof in any and every suit, demand,
or claim for same.
18. CONFLICTS OF LAW.
In the event there may be a conflict between District
and Federal Laws regarding the restaurant and related facilities,
by virtue of being on a navigable stream, all conflicts shall be
resolved by application of the most restrictive law.
-16-
19. INSURANCE.
A. The Corporation shall, at the Corporation's own cost
and expense, provide, maintain, and keep in force at all times
during the period of this Lease and any renewal or extension
hereof, public liability and property damage insurance, in which
the District shall be named as an additional insured, covering
the entire premises and business, with not less than the
following limits of liability:
(1) Public Liability Insurance: One Million and 00/100
Dollars (Sl,000,000.00) for bodily injuries or death
sustained by any one person, with a total limit of
liability of Three Million and 00/100 Dollars
($3,000,000.00) for bodily injuries or death
sustained by more than one person in any one
occurrence.
(2) Total Loss or Constructive Total Loss:
Insurance in the amount of Three Million and 00/100
Dollars ($3,000,000.00) for any one accident, with
Three Million and 00/100 Dollars ($3,000,000.00) in
the aggregate in any one year, shall be provided to
cover costs incident to or arising from the removal
of the vessel in the event of fire, lightning or
explosion which results in a total loss or a constructive
total loss of the vessel, and any damage done to pro-
perty, including property of the District of Columbia,
that may occur as a result of construction or opera-
tion of the restaurant, parking, and other facilities
on the premises, including any damages caused as a
result of the vessel moving from its moorings,
exploding, or being destroyed by fire.
-17-
a. In ordec to adjust foe inflation during the teem of this
lease, the District may requice the Cocporation to increase these
insurance limits. If the Cocporation objects to the increased
limits of liability cequested by the District, the new limit will
be determined by raising the ociginal amounts by a percentage which
is equal to the percentage of the increase in the Consumer Price
Index for the Washington Metropolitan Statistical Area from the
date the Restaucant opens for business to the date on which the
District gives the Corporation notice increase the insurance
limits and rounding the amount of the increase to the nearest Ten
Thousand Dollars ($10,000).
c. The Corporation shall not permit, suffer to be done,
oc in any manner do any act oc thing in or upon said premises
which may ma ke void or voidable any insurance required under the
terms of this Lease. The Corporation shall deliver to the
District copies of all policies of insurance cequired by the pro-
visions of this Lease, and the Cocporation shall also furnish to
the District from time to time, and whenever the District may
reasonably request the same, such evidence as the District may
require that such insurance is in full force and effect, and of
dates on which premiums therefor have been paid. Further, each
insurance policy shall contain a provision that the policy may not
be changed or cancelled for any rea.son until thirty ( 30 l . days
after written notice of such proposed change oc cancellation has
been received by the District. In the event the Cocporation is
unable to retain or obtain cenewal of the insurance coverage, it
may be obtainea by the District on behalf of the Corporation and
at the Cocpocation' s sole cost. In the event such insurance is
secured by the District, the Corporation shall pay the premium
cost to the District in addition to the rent. This payment will
be due the first of the month following invoice.
-18-
20. ABANDONMENT
A. The Corporation shall operate a restaurant on the premi-
ses and, except as provided in subsection B of this section, if
the Corporation discontinues the restaurant operation for a period
of more than one hundred and eighty (180) days than the District
at its sole option may terminate this lease.
B. The District may not terminate the lease for abandon-
ment if the operation is interrupted by any of the following
causes:
1. If the vessel is damaged by fire or casualty to the
extent that it can not be used as a restaurant, provided that the
Corporation commences repairs within ninety (90) days.
2. If the restaurant is closed by court or administrative
Order.
3, If the restaurant is closed for renovations for a period
up to one year.
4. If the restaurant is closed during periods that the
District is occupying and using the premises as described in
Subsection 6 C of this lease.
21. NONDISCRIMINATION.
The Corporation hereby agrees to with the provi-
sions of the Nondiscrimination Clauses of the District of
Columbia which is set forth in the attached Exhibit "C" and which
is herein incorporated by and made a part hereof.
22. FORMAL COMMUNICATIONS.
All approvals, notices, certificates, and other com-
munications hereunder shall be in writing and shall be deemed given
when delivered and, if delivered by mail shall be sent by certified
or registered mail, postage prepaid, addressed as follows, unless
either party gives written notice of change of address or agent:
To or by the District:
William B. Johnson
Director
Department of Administrative Services
613 G Stz:-eet, N.W.
With copies to the Distz:-ict's Agent:
H&E Management Associates
405-Bth Street, N.E.
Washington o.c. 20002
-19-
To or by the Corporation:
c/o Clyde, Inc.
3236 M Street, N.W.
Attention: Stuart c. Davidson and
John G. Laytham
With copy to:
Sidney J. Silver, Esquire
c/o Silver, Freedman & Taff
1735 I Street, N.W., 11th Floor
23. ENTIRE AGREEMENT HEREIN CONTATNRO.
----
All terms and conditions with respect to this Lease are
expressly contained herein and the Corporation agrees that no
representative, employee, or agent of the District has made any
representation or promise with respect to this Lease not
expressly contained herein.
24. OFFICIALS NOT TO BENEFIT.
No m e ~ e r of or delegate to Congress, the Mayor, member
of the Council of the District of Columbia, or any other official
of the District Government, its agents or its employees, shall be
admitted to any share or part of this Lease or to any benefit
that may arise therefrom, but this provision shall not be
construed to extend to this Lease if made with a corporation for
its general benefit.
25. CONTINGENT FEES.
The Corporation warrants that it has not employed any
person to solicit or secure this Lease upon any agreement for a
commission, percentage, brokerage, or contingent fee. Breach of
this warranty shall give the District the right to add to the
rental or consideration the r.irnount of such commission, percent-
age, brokerage, or contingent fee. This warranty shall not
apply to a commissions payable by the Corporation upon contract or
sales secured or made through bona fide established commercial or
selling agencies maintained by the Corporation for the purposes of
securing business.
-20-
26. REMOVAL Of THE WILLIAMSBURG.
The Corporation agrees to move the Williamsburg from the
Blue Plains docks no later than December 31, 1985. The District
will not provide dock space for the Williamsburg thereafter. If
the Williamsburg is not moved the i ~ ~ ~ i c t at its sole option may
declare this lease null and void and the guarantee Deposit shall
then be forfeited. The District may exercise this option at any
time during the period of this lease.
27. GUARANTEE DEPOSIT.
Receipt of the Corporation's guarantee deposit of
Ten Thousand (Sl0,000.00) Dollars is acknowledged by the District.
This deposit shall be retained by the District in an interest -
bearing account during the tenancy of this lease or any extension
or renewal thereof as a guarantee of performance of the terms and
conditions of this Lease and shall become and remain the property
of the District if the Corporation defaults in the performance of
any of the terms and conditions of the Lease, unless damages suf-
fered by the District as a result of the Corporation's default 3re
less than the Deposit plus accrued interest, in which event only
such lesser sum shall be forfeited as aforesaid, and the remainder
shall be returned to the Corporation. The amount of t h ~ deposit
shall not be construed to limit any legal action for any breach of
this Agreement.
28. ASSIGNMENT.
The District may, at its sole option, assign all or any
part of its rights or obligations under this agreement.
2 9. PERMITS
The Corporation shall secure all necessary permits,
including any permit required from the Corps of Engineers or other
controlling Government agencies, at the Corporation's expense. The
District shall timely execute any documents which may be necessary to
authorize the Corporation to apply for any permit.
-21-
IN TESTIMONY WHEREOF, the undersigned Contracting
Officer f9r the District oE Columbia, in accordance with the
provisions of Public Law 93-198, Section 422(6), Organization
Order No. 9, Mayor's Order 75-261, as amended by Mayor's Order
NO. 85-113, dated July 11, 1985, has executed this Lease
Agreement in the name of the District of Columbia on the day and
year first hereinabove written.
(A Municipal Corporation)
( SEAL
o,f E icer
IN TESTIMONY WHEREOF, the undersigned, acting Eor the
Williamsburg, Inc., by virtue of the authority vested in him as
2 ,,.,,.
1
,. \ !: , ,.. .'. ,( >'; , .,- , has hereunto set his hand and hereto
af fi xed t he cot:"po t:"ate Se al of the Williamsbut:"g, Inc. onto this
Lease, on the day and year fit:"st above wt:"itten.
Williamsburg, Inc.
ATTEST:
. 7
. I f
__ .. :
.:-/
( CORPORA'i'E SEAL)
D. C.
MayorOE heDis tt:"ic t o f Co lumbi a
or
City Administrator
APPROVED fol:" Legal Sufficiency:
Assist a nt Co rporation Counsel, o.c.
ACKNOWLEDGMENT

I,
for the
ho is personolly known
to me to be the Lessor in the foregoing agreement bearing date of
, a Notary Public in and
, do hereby certify that
the tf dt day of , 1985 , per-
sonally appeared before me in said
and acknowledged the same to be his act and deed and that he de-
livered the same as such.
Given under my hand and official seal this day of
I 1985,
ACKNOWLEDGMENT
I, Y, 1-4--' a Notary Public in and for
the District of Columbia, do certify that WILLIAM B. JOHNSON,
Director, Department of Administrative Services of the District of
Columbia, personally appeared before me in said District, the
said WILLIAM B. JOHNSON, being personally well known to me as the
person who the foregoing and annexed Agreement of Lease
and acknowledged the same to be the act and deed of the District
of Columbia, party to the said Agreement of Lease.
GIVEN under my hand and official seal this day of
;;:z::- , 19 8 5
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Jares l..ewi3, Sr., President
lie.rl>ou.r Parking Corn;>nny
900 Hisconsin Avenue, M. W.
Waall.ington, D. C. 20007
Dear llr. Lewis:
Subj:
APR 241980
Am:mdr.x:nt No. 2, to Lease
DC--OUl-1044-75, Potor.,ac River
Squ.:.rc ll 75, Lota 31)5,
D06, 3CS, n portion of
Lots 800-804, Federal Aid
Project I -266-2(2)0
Reference Nunber
This eupersedo?e our letter dated July 17, 19 78 regnrding rental
f-RYITK!nts and ratifies the proposed lll!reernent reached at your !leetinr, with
rur.ilers of the Retl Estate Acqu.ioition Division (Hesers. Croll, Ct:et'.n
011d i !rs. \.:ills) on Friday A.:;>ril l!l, 1950. ThP. euh.1ect lease is hereby
3r.ienJc<i as follows:
r;ie la.st tvo paragraphs on page 1 of the lease be:P.nning with :
" (l) Effectiie March 25, 1975 . " shall be stricken the following
suh s::itatecl there for:
(1) !::ffective 1-l-iy 1, 1980 the minir.rum monthly :rcnt.U payr.:cnt 9hall be
$25Jl .oo.
OR
(:!) Ou a percentage basis QB followG, l.lhichever is greater:
of the r;ros s c:onthly recaipte up to $5,250.00
5H of the ;;r.oss r,ionthly receipts up to $6 , 000. oo
of the r;r.oss "l:lnthly receipts
U'? to $6,666.G7
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-
.. .
'"-
. . .
/
/
PLUS
71A of any grosa monthly receipts in e:<eess of $6,666,67.
(E.g. suppose a monthly gro9s of $9,324.00. Theo
:-'i0nthly Rent .53 x $6,666.67 + - 6,666.G7)
$3,531. 34 + 1,886.70 - $5,420.04)
A copy of the st11tenent of gross receipts for the t!Onth and a check
fo't the amouot due shnll be sent no later than the 10th of the following
oanth co the District's aizcr..t, Frank Erur.et R.enl F.atate, !nc.,
7300 Georgia Avenue, !l. W., lfashington, O. C. 20012 o r such other place
as the Chief, Real Estate Acquisit1or.. Division may direct in writing,
with a copy being sent directly to the Chief , Real E;state Acquisition
Division. Tile $2501.00 security deposit shall continue to be held until
the terr.i:!.nation o.f said lease to assure faithful performance of each and
every coven.:int by Lessee. Upon cor.iploti'1Tl of said lease the bala.'1.ce, if
:my, due the k!ssee nhal.l be retumcd, without inteTest, after deductinf:
air.aunts necessary to courpensAte the District for back rents clean u-p costs,
to prer.dses cau.9ed by the Lessee (normal wear end tear excepted) or
for any other amount due and owinr; the District whether for bRck taxes, re-
storation of the aitP., cort 11.a.bility or for a.<y other purposEIS aid re-
tention of all or any part of the fll!curity deposit shall in no way bar the
collection ot amounts owed in of this sum or for a collection by
other r.eana. End of substitution .
If you arc in accord with the terms 'Of this amendrnnt, please sign in
the place indicated and return two copies to the Chief, Real Estate
Acquisition Division.
Sincerely

Williar!! T.
Assistant Director for Management
Alternate Officer
I have read a.-id accepted the t:erne of the above aoendPJent this
--''l=-+f-- day a f April 19 80 ,
President
1..a.1 .... , .,.,, _,
Reference No. 838.0552
AGR;EMENT OF LEASE
MA.DE and entered into this CQ\ day of
and between the DISTRICT OF COLII'.1l!IA, a municipal
called "LESSOR", and JANES E. LEWIS, SR. , trading
hereinafter called "LESSEE",
'1975 by
corporation, hereinafter
as HARBOUR PARKING COl1PANY,
'
WITNESSETH, that for and in consideration of the rent hereby reserved and
on the part of the Lessee .to be paid, and said Lessor has agreed to let and does
by these presents lease and let unto the Lessee, and the said Lessee ha:s agreed
to take and does hereby take and hold as a tenant:
That portion of Square 1175 being part of Lots 800-804, and
all of Lots 805, 806, 808 and 810 as outlined 111 red on the
attached plat of survey dated September 6, 1966, recorded
in Survey Book 177, Page 274 Office of the Surveyor, D. C.
- The area approximately 18' x 230' shown on plat and therein described as
"storage area" is hereby excluded from Agreement of Lease, said area to be reserved
by the District for purposes of storage.
Further, the Dis trice hereby reserves the righc of access to the afore-
mentioned storage area, subject co twenty-four (24) hours' notice co Lessee;
provided, however, chat should suoh access to said storage area require that Lessee
temporarily relinqui.sh control of part of demised premises to Lessor, that: re-
duce ion in the minimum monthly rental, proportionate to t he square foot area so re-
moved from t he control of the Lessee, shall be allowed by Lessor for the total.
number of days, or any pare thereof, during which Lessee shall be deprived of the
use of area included i .n the lease provided further chat should the -relinquishment
of control result in a subs tan ti al interrt.iotion of Lessee's business so as to ef fec-
tively preclude the condllc:t of same for a perio? of. more than chr.ee ho1rs i.n any
gi ven day, a reduction in monthly rental equiv-alenc to r.he a:no:mt for t!\at :la1
($83. 37), sball be allowed by the Lessor .
(1) Effective March 25, 1975 the rental payment sh:J.J. hi determined as
$2501.00 per month on a month-to-month ..
OR
(2) On an annual basis, whichever i.s greater:
48:?. of gt'OSS annual recei?t3 U? to 51$3 .000 .oo
.Jc 3ross annual
''P
':''.:,'J00 . 00
SJi. of gross annual receipts up to S0,000.00
.
PLUS
of any ;srvss receipts in excess of $80 ,000 11p to a ro.ax:imu111. of \ilOO ,000 .00
The minic:um monthly guarantee of $250 1. 00 shall b paid monchlf in ad11ancP. ro
the District's management agent, Frank mmet Real Estaca, Inc., 7603 Georgia Avenue,
tLW., !{ashington, D. C. 20012 or such other place as the Chief, Real Est:ac.e Acqui:;i -
tion Division (C!lE.AD) may direct in writing. And on each annual lease
the books will be closed and an audited stac.ement prepar-ed which will determine wbe1:h1:!:
District is entitled to receive an lump SUD\ p:..yment hased on the pe-rcenta3e
formula. Additionally a 3taternent of recei pts shall he
che 15th oi the riext manth. 3oth monthly and annual shall be senc to ci:e
Dis trice's manage!'lent age:;c wi.:h a copy be i ng sent: di ly to Lhe Chi f, !{eal J:st11 !:e
Acquisition ::livision_ An ueposi;: ::"!!ce i pc 1...'f othic-:: i..'!
hereby ackno...,le:lzed has been fon1arde1 to the Discr'l.cc 's maongeo.ent: '1e:tC: a:in coa;pletion ut leas;, else balance. iE any , d uo the
Lessee shall be returned, without interest, after deduc:tlng amounts necessary co com-
pensate the District for-back rerics, clean up costs, damages to premises caused by
the Les see (llormal wear and tear excepted) or cor any o r: h;. r amount due and ollint, the
District whether for back taxes, restorii.tton of the s i te, rare liabtlity or for
other purJ)oses, Said retention of all or any
1
i<..l:'t: of th!< secur i ty deposit shal'.! in
no way bar the collection of :i.mounts owed in of this sum or for a collection
by other means.
2 -
AND IT IS HEREBY AGREED, AND UNDERSTOOD by and
between Lessor and Lessee as follows:
1. (a)
(b)
That the aforementioned rental consideration provides for the Lessee's
Use of the area in 1175 as shown in red on attached plat.
Lessee will pay the rent herein reserved when and as the same becomes
payable as aforesaid, without any deduction . or demands whatso-
ever.
(c)- Lessee,. at his sole cost and expense, will pay all charges for sewer,
water, telephone, gas, and electricity used on the demised premises
during Lessee's tenancy thereof when and as the same shall severally
become due and payable making such necessary deposits at the offices
of the suppliers of the respective utilities as may be required to
secure the same.
(d) Lessee will not assign, sublet, transfer cir encumber this lease or any
portion thereof, nor use said premises for any other purposes other
than those specified in paragraph 2 hereof, without the written cousent
of the CREAD first obtained.
(e) Lessee will not use, suffer or allow said premises to be used for any
disorderly or unlawful purpose.
(f) Lessee agrees to permit Lessor or its agents to have access to and '
enter upon said premises or any part thereof at all reasonable times
for inspection purposes and no claim, action for <lamage or set-off for
rent by reason of or accowit of sucb. entry shall be made, had or
allowed.
(g) Lessor resetves the right for itself and for agents to enter upon said
premises at any time for the purpose of conducting such soil tests,
engineering surveys or other work as may, in the discretion of the
Lessor, be necessary i-.i connection with any public development thereon,
or in connection with any construction, or repair or public developmt<ut
of adjacent District or Federal property; provided, however, that
reduction in the monthly rental, to the square foot area
so removed from the control of the Lessee, shall he allowed by Lessor
for the total IlUIDher of days, or any part thereo.I: du.ri:ag which Lessee
shall be- of the use of area included in the lease; providell
further that should the :> :-2sult in a substc;JJ-
tial ia.ter=ption oi Lessee'$ so .i.s. to ::: ..:act::iveiy ?reclude
the conduct of same for a period .of more than three hours in any given
day, a reduction in rental equivalent aJDount for that
day ($83.37), shall be allowed by the .Lessor.
(h) Subject to the reimburse:nent foX"IDUla set fortn in paragraph l (i)
Lessee ag::-ees to surrender and deliver up said premises upon thirty (30)
days' written n.otice Lessor and unl.ass requested otherwise by the
District, to restore the site to its original conaition, excepting
only ordinary wear and tear, damage by of God or of the Public
Enemy.
(i) Lessor acknowledges th.at iu order to efficient::ly operate a parkiilg lot
on the leased premises Lessee aru.s t incur certain. capital e...":penses iol:"
more operation, aesthetics, or as are for Building
Code, zoning laws, and regulation compliance Uicluding cost of cle.a!li.ng.,
lighting, paving and striping the balance of the land. In addition
Lessor agrees that Lessee may have parking control devices installed
si.l!lilar to those used by PM! at the Washington National Airport ac a
cost of approximately the cash and amor.tize
their expense from due as a Capital Improvement. No credit
shall be allowed agaiost rentals unless and until the procuremeoc
cedures outlined iu paragraph 1 (k) are followed and documentary proof
of payment satisfactory to the District is ?ravided.
(j)
(k)
- 3 -
In the event thac Lessor tenninaces this Agreement of Lease prior to
Lessee's allowance of all approved Capital Excienses, Lessor shall
reimburse Lessee for all unamortized Capital Expenses. Any adminis-
trative, financing or carl:)'ing charges related to these capital
i.mp.rovemen cs shall bor.ne by the Lessee.
Lessee agrees during the term of this lease to provide, at bis expense,
coil.,.ec facilities to be made available co his attendant and patrons of
sail parking lot. If otheniise permitted by law, portable toilet
facilities such as "Johnny-on-che-Spoc" or "Don's Johns" may be used
i n lieu of permanent coile c facilities. If portable toilet: facilities
are not permitted by law on subject premises, the capital costs, but
not operacing costs, may be credited against the rentals provided in
paragraph 1 (i) .
No Capital Expenses shall be allowed as credits for rentals unless the
following procedures are followed or specifically waived in writing by
the Dis tric c:
(1) Purchases up to $500 shall be approved in advance by the District.
(2) Purchases of $500 up to $2500 shall be based upon competitive
quotations satisfactory to the District by at least two suppliers
and shall be approved in "W"riting in advance by the District.
(3) Purchases of. $2500 or more shall be based upon at least two w-ritten
competitive bids satisfactory to the District and shall be approved
in advance in writing by the District before thP. contracts.
(4) The District shall approve a'llowance of credits based on inspection
of work and evtdance of payment.
(1) Lessee agrees that he shall maintain normal accounting journals and
ledgers pertaining to this operation only. He shall also keep in an
orderly manner parking ticket stubs, other receipts and cancelled
checks related to subject operations. All sucb accounting books,
receipts and cancelled checks shall be available at an office
within the District of Columbia during the ter:i.'of this lease and for.
a period of three years All such shall he mRde,
available upon reasonable notice, not to exceed 5 days for inspection
by District or Federal officials or auditors, r.he District's managemenc
agent, or .:ic:hers chat ".Jay b: by :::i! J!..,;r::-:!.ci:. :;?.:;n the :;i5n-
ing oE this laase, agr!es cu noc!fy oE the address,
phone number and names of the custodian of said documents and agrees to
prompcly noc:ify the District of any changes.
2. Lessee will use the del!lised preo1ises solely for operation of a parkj.ng
lot, and obtain all necessary licenses and per.:iits required for the
operation of a parking lot. The .Lessee further agrees that no other
use or activity shall be conducted from or upon the premises and no
structures shall be erected or used upon the prel!lises without prior
written approval of the District. Lessee is hereby authorized to
enter into subleases for parking for terms not to exceed one month
provided that should said lease be terminated, Lessee hereby agrees to
prorate prepaid rentals as of t::e date of te=inacion.
3. Lessee will make no alterations or changes in, or additions or improve-
ments to, the demised premises, without in eacb. case having first obtain-
ed the written consent of the Lessor so to do; that in the event any
alterations, changes, additions, or improvemencs are made by Lessee, !rich
consent as aforesaid, unless otherwise requested by the Discricc the same
structures and fixtures, fixed or othen1ise, shall be removed i11 their
entirety by Lessee at the termination of th.is agreement and Lessee shall
restore said premises to its original devoid of all aforesaid
improvements.
- 4 -
4. (a) Lessee, at his sole cost and expeose, will at all times during the terlll
of this lease keep and maintain the demised premises, grouods, walks,
curbs, roadways and aoy and all other portions of said premises and
Public Space areas adjacent thereof in good repair, cleao, safe and
sanitary. It shall be at all times kept in a neat and presentable
manner. The Lessee shall take necessary measures to prevent interrup-
tion of services damage to utilities within or adjaceot to the
leased premises.
(b) Less'ee will not cause or allow any oil, grease, fla111111&ble liquid, or
an deleterious or hazardous matter whatsoever to be discharged on,
remain or flow over any public or space within, near or
adjacent to the demised premises or roadways giving access thereto
or leading from said premises, from any vehicle located on or
activity or condition conducted or existing within the limits of or
in cotlllection with said premises, and will conform to pollution
regulations of the District of Columbia.
(c) Lessee agrees that all property, activities or conditions of any kind
or naturewhatsoever that may be in, upon or about the demised premises
at any time during the term of this lease or any renewal or extension
hereof shall be in, upon or about said premises at the sole risk and
hazard of Lessee or those claiming by, through, . or under Lessee.
(d) Lessee will, at Lessee's own risk, cost and obey, carry out
and perform any and all laws, rules, regulations, and orders now in
effect or hereafter made effective by any authority with
respect to che demised premises and the occupancy and use thereof
including payment of all fees, license and pen:iit charges, and taxes
required for the conduct of che business and operation of Lessee on,
at or from said premises, and Lessee will indemnify and save harmless
Lessor, its agents and employees, from all penalties, claims, and
demands resulting from Lessee's failure or neglect promptly to comply
with such laws, rules, regulations, and orders. Lessor shall have
the right, after giving due notice to the Lessee in writing (except
in emergencies) in its sale discretion, to comply therewith' for and
in behalf of Lessee, and Lessee will ir.llllediately pay to Lessor all
expenses, costs and charges incurred by Lessor in this 'connection.
And it is expressly agreed, covenanted, and understood that upon the
direction of Lessor, the Chief of Police, or the Fire Chief, or any
of their authorized agents, Lessee shall forthwith correct, eliminate
or remove from said premises any conditions or vehicle 1mich, in
opinion of the said Lessor, Chief of Police, or Fire Chief, or agen.r..s
co!lStitutes a hazard.
(i:!) Lessee shall, at hi:l v<m ..::>!le and e:<?=ase -ie::: L;:-i .. :ei:i parking lo:: so
thac no ;ehicle or any paC'C tt1ereot snai!. projecc :>ver any exterior lot
or building line and that any lighting used to illuminate this area or
any accessory building shall be so arranged that all direct rays of
such lighting are confined to the surface of subject premises. 1
additional paving is required to comply with D. C. Regulations, the
Lessee shall obtain necessary estimates 3nd bids as specified in 1 (k)
supra for approval by the When approved by CREAD, the Lecsee
I!laY proceed with the work. Said approved costs shall be applied as a
credit against t'he fair rental value until paid. Upon termination of
this lease by the Lessor, the balance of approved costs not yet
credited to rental shall be paid to the Lessee as a capital expenditure
in accordance with the provisions of paragraph l (i) supra.
(f) Lessee will and by these presents does hereby agree to indemnify and
save harmless and continue to indemnify and save harmless Leseor,
its agents and frOtD all claUis, and demands
resulting from Lessee's use, occupancy and teaa.ncy in the demised
premises and in the conduct of its business on said premises. rt is
express l y under stood and agreed t hat except when utilizing or
exercis i ng its right of access guaranteed in Section 1 (g) of this
Lease Agreement, Lessor, its agents and employees shall not be liable
to Les see or co a::i.y per son f or any accident, injury, loss, or dama.ge
t o any -person or pr operty lffiile i n, upon or about or entering or
l eavi ng :; aid pre.mi ses at ariy time during the term of this lease or any
r enewal or ex tension her eof, rasulting from any cause whatsoever acd
l
1 1 . '
a c atms t herefor are he=eby r e l eased to Lessor, who may plead this
rel eas e i n bar ther eof in aoy aud every sui=. demaod and claim for sacie.
(g) If it i.s deemed necessary i:>:: aesthetic n gafety z:easons by the CR.E.1.D
the Lessee to or as may be required
'J LJ1r' - -: .... .... , -.;;. .-; , . .: - , .... -:11..
1
.,i.:..li
- 5 -
expenditures, reimbursable under the provisions of paragraph 1 (i) of
this Lease.
5. (a) Lessee will, at Lessee's own cost and expense, provide, maintain, and
6 .
keep in force at all times during the period of this lease and any
renewal or extension hereof public liability and property damage
in which Lessor shall be named as an additional named
insured the entire demised premises and business, with not
less than the following limits of liability:
Public Liability I nsurance for bodily injuries or death
sustained by any one person, $500,000 with a total limit
of liabil ity for bodi ly inj uries or death sustained by
more than one in any one accident, $1,000,000;
Property Damage Insurance for any one accident, $lo'O,OOO
and $500,000 aggregate.
(b) Lessee will not in any manner do, permit or suffer any act or thing in
or upon said premises which may make void or voidable any insurance
required under the terms of this lease, and Lessee shall deliver to the
Lessor all policies of insurance required by the provisions of this
lease, and Lessee shall also furnish to Lessor from time to ti.iiie, and
whenever Lessor !!lay request the same, such evidence as Lessor. _in.ay
require of the fact that such insurance is in full force and effect,
and oi the dates to which premiums therefore have been paid, and
further, all insut:ance policies shall contain a provision that .-the said
policies may not be changed or cancelled for any reason until (30)
days after written notice of such proposed change or cancellation hao
been received by Lessor. In the event Lessee is unable to re ta-in or.
obtain renewal of the insurance coverage, it may be obtained by the
Lessor on behalf of the Lessee and at Lessee's sale cost. If such
insurance i s secured by the Lessor, then the premium cost will be con-
sidered additional rent and i=ediately payable with the next. install-
ment.
Lessee hereby agTees to comply with the provisions of the Nondiscrim:i.-
nation Clause of the u. s. Depart0.1ent: of Transport:ation, Federal Highway
Administraticn, (formerly Bureau of Public Roads) is set: forth in
the attached Appendices "A" ::.nd "B" and a-:.-e i ncoqorated _
and a part
7. (a) If the rent herein reserved should not be paid and as the same
becomes due and payable as aforesaid, although no demand shall have
made for the same, or if Lessee should fail, neglect, or refuse to keep
and perform each and every one of the covenants, conditions and agree-
ments herein contained and on the part of the Lessee to be kept, per-
fonied and observed, or if the same or any of theo should be broken, or
if during the term of this lease or any extension hereof Lessee should
suffer or permit a final judgment: or decree to be entered against Lessee
for the payment of money and ten (10) days after its entry, or if Lessee
should become insolvent, commit any act of bankruptcy, be adjuged bank-
rupt, or compowid with or m.a.ke any assignment for the benefit of cred-
itors , or if execution should be levied against Lessee's intert<st ic
this lease, or if any suit should be successfully prosecuted against:
Lessee which involves the possession of the demised premises, or if a
recaiver or truscae ' in bankruptcy should be for Lessee, then,
if afcer ten ( 10) days notice in writing the Lessee fails to cure the
default at the option of Lessor, either the entire unpaid balance o
rent hereby reserved shall immediately be and become due and payable
without legal demand for the same or Lessee's right of possession
shall thereupon caase and determine and Lessor shall be entitled
to the of said premises and to re-enter the same
- 6 -
without demand for possession, and may forthwith proceed to recover the
possession of said premises under and by virtue of the provisions of
law regulating proceedings between landlord and tenant. And Lessee
hereby expressly agrees and covenants that, upon the occurrence of any
of the events set forth, all Lessee's rights under this
lease shall cease and determine and the same shall operate as a notice
to quit, the thirty (JO) days' notice herein provided being hereby
expressly waived; provided always, that if, under the provisions of
this-lease, any proceedings are taken by Lessor and a compromise
settlement should be made either before or after judgEDent whereby
Lessee shall be allowed to retain possession of said premises, this
lease shall not merge in such judgment, if any; and such proceedings
. shall not operate to terminate this lease or constitute a waiver of
any of the coven.ants, conditions, or agreements herein contained; and
provided further, that in the event of such re-entry by Lessor by
process of law, or otherwise, Lessee nevertheless covenants and agrees
to remain answerable for any and all damages, deficiencies or loss of
rent which Lessor may sustain by such re-entry, and Lessor is hereby
granted full power by Lessee to re-rent the said premises for the
purpose of mitigating any damages caused the Lessor by any act of the
Lessee.
(b) Lessee agrees to pay all court costs and reasonable attorneys' fees
(excluding services rendered by the Office of Corporation Counsel, D. C.)
incurred by Lessor in connection with obtaining possession of the
demised premises or the enforcement of any covenant or agreement herein
contained through legal proceedings.
8. (a) Subject to and with the sole exception of reimbursements required under
paragraph 1 (i) of this agreement:
This lease and every interest hereunder may be terminated by Act of
congress at any time, without compensation to Lessee.
"(b) Lessor shall have the right to terminate this lease on thirty (30)
days' notice in -.riting to Lessee in the event the demised. premises are
to be acquired by the Redevelopment Land Agency or shall be needed for
Federal or District use, and any such termination by Lessor shall be
without competUJation to Lessee.
(c) Lessee hereby waives any claim to any relocation aid or payments
pertinent to the location of demised premises.
(d) No waiver of a.ny breach oc .any covenant, condition ur agreement t1erein
shall operate as a waiver of sucn coven.ant, condition or agreement of
this lease.
(e) This lease and every covenant, condition and agreement herein contained
shall be binding upon the heirs, executors, administrators, successors
and assigns of the parties hereto.
(f) Lessor warrants that it owrui the premises and further warrants that it
has the right to enter into this agreement without the joinder of ao.y
other party.
9. All notices or approvals required under this lease unless otherwise specificall7
provided herein shall be by or to the following parties and shall be delivered
to the indicated addresses unless otherwise requested in 'lriting provided that
.the Lessee shall maintain an address for service within the Districe of GolU!l:bia.
1 the Lessee can not be reached ac any given address, delivery of noticas by
the District to the leased premises shall be sufficient legal notice.
For the Lessor:
For the Lessee:
Docald L. Croll, Chief
Real Estate Acquisition Division
613 G Street, N. W., Room 1108
Washington, D. C. 20001 (Phone 629-4481)
Ja::ie.s E. Lewis, Sr.
900 wisconsin Avenue, M. W.
Wa;;hing::on, D. C. 20007 (Pb.one 33 7-1945)
IN TESTIMONY WHEREur, the undersigned c; ntracting for the District
of Columbia, in accordance with the provisions of Organization Order No. 9
Order of the Co=is.s ioner 6 9-315, pu.rsuant to authority contained in Reorgani-
zation Plan No. 3 of 1967, has executed this agreeli!E!nt in the name of the District
of Columbia, and the Lessee herein has duly executed the same , all as of the day
and year first hereinbefore written.
(a municipal corporation)
Witness:
Donald L . Croll
Chief, Real Estate Acquisition Division
Alternate Contracting Officer
Attest:
Approved: ./i 1 g,,:. ... . ./\
Assistant Corporation COUhse l , D. C.
Company
ACKNOWLEDGMENT
DISTRICT JLUMBIA, sa : I
I, . 17,. _.. , L-_.( , a Notary Public in and for cbe Dist:rict
' /1 t/ ' /j r/'
of Columbi a 4c her eb y tha t J ames E. Sr. , per sonall y appeared
before me Di strict , the said Jac:es E. Lewis , Sr . , be i ng per sonally well
known co me as the person who the foregoing annexed Agreement of Lease
and acknowledged the same to be his act and deed.
rt= )/. .L
r::;;,l 77/ 1975, A.D.
..... , ( ,__/
i Notary :-u:, l :.c .;'-'--z--
(
GIVEN under my hand and official seal this
My Commission EFL-ires:
!up_ 1-' / 7 7
.
DISTRICT -v . .
I , ...... - )/;:;i la Notary Public in and for the District
of Columbi a/
1
'db cert:i!fy tl'l at Donald L. Croll, Chief of the Real Estate Acquisi-
tion Di vi s i o of t he Dis trict of Columbia , personally ap?eared before me in said
Dis t rict , t he sa i d Dona. l d L. Croll being personally well known to me as the
person who executed the foregoing and annexed Agreement of Lease and acknowledged
the same to be the act and deed of the District of Colucbia, party to the said
Agreement of Lease.
GIVEN under my hand and official seal this
APPENDIX A

During the perforc::iance of this contract, the LES5EE agrees as follows:
1. The LESSEE will not discriminate against or
applicaht for of raca, color, religion,
sex, or national origin. The I.E.SSEE will affir;::ac:ive
action to ensure tl1:it a?p l icants and e:r:? lo}ees are treated.
without regard to their ra.ce, color, reli;ion, se:.;,, o.r
national origin. Such action shall inclutle, bat not be
limited to' the follo .;ing: L:?3=ading, de:cocioa or
transfer; or recruitment ad,er:isin5; layoffs or
ter.nin3tion; rates of pay or ocher fores of co=?easetion; and
selection for training, including The LESSEE
.agrees to post in conspicuous places, available to employees
and applicants for notices co be provided by the
LESSOR setting forth the pro'iis io-:ls of c:-:.is Cl.Ondiscrit:tination
clause.
2. The LESSEE will, in all solicitations or advertiset!!.:mts for
employees placed by or on behalf of the L::SSEE, state that all
qualified applicants will receive co:isiciara:::.ion for employment
without regard to race, color, religion, or national origia.
3. The LESSEE will send to each labo!' union or representative-of
workers with which he has a collective ba:gaining agreement. or.
other contract:. or undersc:=ding, a notice to be ?rovided by the
LESSOR advising the said labor union or :;.Jrkers' re;:iresenc:.ative
of the LESSEE'S this section and shall post
copies of the notice in cons::iicuous places avai!.a:.le to emp.loyees
and applicants for employoent.
4. The LESSEE will com;ily with all pro;risio,is Ex.ect!t:ive Order. 11246
of September 24, 1965, ani of toe rules, and relevant:
orders 'Of the Secretary 0 L2.bor .
.
S. The LESSES '1ill !'...!.=71.iS'n al!. i.:-if:i.:::::a:i".l:1. ::::-:! :.-a?.:i-:-:s :-equiC";-a. by
Executive Order 0 24, !.965, an<l rules, regula-
tions and orders of the Secre:ary of La:..:ir, or pursuant thereto,
and will permit access co books, accounts for
purposes of investigation co ascertain such rules,
regulations or orders.
6. In the event of the LESSEE'S t'ne nondiscrimination
clause of this contract or :Jith any of :::.iu: said rules, rE;gulations
or orders, this be cancellad, or suspended
in whole or in pare and the LESSEE r..a.y tleclared ineligible fer
further District of Colu.::ibia concracts, and other sanctions
may be imposed and re1?:1i::dies invoked as provided by rule, regulac:Lon
or order of the Co=iss.ioner, or as otherwise provided by
AP?ENDIX B
During the performance of this Agreement, the LESSEE agrees as follows;
(1) Comoliance with Regulations: The LESSEE. shall comply with
the Regulations of t he Department of Transportation relative
to nondiscriminat-ion in federally-a.ssisted programs of the
Department of Transportation (Title 49, Code of Federal
Regulations, Part 21, herei nafter referred to as the "the
Regulations"), which are incorporated by t"eference and made
a part of.this Agt"eement.
(2) Nondiscrimination: The LESSEE in fulfilling the provisions
and requiremenc:s of this Agreement, afc:er execution thereof
and prior to completion of its tenus and conditions by the
said LESSEE, shall not discriminate on the grounds of race,
color, religion, sex, age or national origin in the selec-
tion and retention of contractors and subcontractors,
including procurements of materials and leases of equipmen1:.
The LESSEE shall not participate either or indi-
rectly in the. discrimination prohibited by Section 21.5 of
the Regulations.
(3) Solicitations for Subcontractors, Including Procurements- of
and EO'.!i.o:lle.at: In all solicitations either by
compet i cive b iddiug or negotiations by the L:lSSEE for
work under this Agreement to be performed under a contracc
and/or a subcontract, including pracw:ements of materials
or equipment:, each potential subcontractor or supplier
shall be notified by the LESSEE of its obligations under
this Agreement and the Regulations relative to nondiscrimi-
nation on the grounds of race, color, religion, sex, age,
or national origin.
(4) Information and Reports: The LESSEE shall provide all
information and reports required by the Regulations, or
orders and instructions issued pursuant cheret:o, and shall
permit access to its books, record$, accounts, other
sources of information, a.P.d its facilities as may be deter-
mined by the DISTRICT or the Departll!ent of Transportation
to be pertinent to ascertain compliance 'Hi.th such Regula-
tions, orders and instructions. Where auy information
required of the LESSEE is in the exclusive possession of
..mo fails or to tut";:).i.3n chi3
tha 1.ZSSEE sha.J.l certify or the !leparc-
ment of Transportation, as appropriate, and shall set
forth what efforts it has !i!ade ta obtain the information.
(5) Sanctions far Noncompliauce: In the event of the LESSEE'S
noncompliance with the nondiscrimination provisions of this
Agreement, the DISTRIC! shall. impose such sanctions as it
or the Department of Traruipartatian l!:a.Y determine to be
appropriate, including, but. not limited to:
(a) Withholding of paYlllents to the LESSEE under this
Agreement until the LESSEE complies, ar..d/or
(b) Cancellation, termination or suspension of thi3
Agreement in whole or in part
. (6) Incorporation of Provisions: The LESSEE shall iuclude
the provisions of paragraphs (1) through (5) in every
contract and subcontract, including procurements of
materials and leases of equipment, unless exempt by the
Regulations, order, or instTIJctiuu.s issued pursuant
thereto. The LESSEE shall take such action with re-
spect:. to any contract and subcontract or procurement as
the DISTRICT ar the Department of. Tran.sportation may
direct as a mean.3 of eniorclng such provisions including
sanctio!l.9 for non-compliance: Provided, however, that in
the event the LESSEE becou:es illV'olved in, or is threat-
ened with, litigation with a or subcontractor
or sup?lier as a result of such direction, the LESSEE
request the co enter into such Litigation to pro-
tecc !'-;:-t: ITS"':"S.:
1
:-:-. ,_:id. L:i :,,dd:.::i.un . the
(b) (6)
(b) (6)
129/14 DEPARTMENT OF THE INTERIOR Mail -Why I signed -- Kayaker
Why I signed -- Kayaker
mall@change.org>
Fri, Jan 18, 2013 at 11:21 PM
Change.erg.
Kayak er
Annandale, Virginia

29a27107fe70
lips :/lmail.googlo.comlmail/b/ 152/u/O/?ul=2&il<=f 534 766664&v iow=pt&cat "Jae Boathouse&search .. 1/1
(b) (6)
(b) (6)
/Otlr'MENT OF 11-H: INTERIOR M11il - Why I algned - Jacks' Boaihouse is a
Why I signed -- Jacks' Boathouse is a

To: Stewi_Whitesell@nps.gov
Dear Ste-..e Whitesell, Regional Director (National Park Ser\1ce),
Fri, Jan 18, 2013 at 11 :17 PM
Change.erg.
Jacks' Boathouse is a DC landmark & serves & has served thousands of residents for decades. Sa-..e our
past!
....
Arlington, Virginia
http://www.change.org/petitions/national-park-ser\1ce-save-jack-s-boalhouse-from-closure?response=
29a27107fe 70
Ups ://mall .google.com/mail/b/152/u/O/?ul=2&ik=f 534 768664&v laW=pt&cat =Jaok's Boathouse&seorcll ... .. 1/1
(b) (6)
(b) (6)
IWR1ENT OF THE INTERI OR Mall Why I signed ,lack's Is a wonderful
Why I signed .... Jack's is a wonderful
mail@change.org>
Oear Steve Whitesell, Regional Director (National Park Service),
Fri, Jan 18, 2013 at 10:57 PM
Change.erg.
Jack's is a wonderful place for people to be able to get away from the busy city for awhi le and enjoy seeing it
from another 'view - and get some exercise! The people at Jack's are always wonderful , welcoming, and
helpful! It would be heartbreaking to see this great pl ace di sappear.
llttp://www.change.org/petitions/national-park-ser'vic0-sa1.ie-jack-s-boathouse-from-closure?r0sponse"'
29a27107fe 70
Ups;f f mafl .google. comf mall/bf 162fuf0f?ul=2&1k=r 534 768664&v lew=pt&cat=J ack's ... 111
IW!n4Jack's Boathouse Leese Put Up for Bid by Park Service J 111e Ge ...
Jack's Boathouse Lease Put Up for Bid by Park Service I The Georgetowner
tammy_stidham@nps.gov <tammy_stidham@nps.goV> Fri, Jan 18, 2013 at 10:43 PM
To: Peter May <Peter_May@nps.gov>, Steve Whitesell <Steve_Whitesell@nps.gov>, Lisa Mendelson-lel mini
<Lisa_Mendelson-lelmini@nps.gov>, steve_lebel@nps.gov, tara_morrison@nps.gov, j ennifer_mummart@nps.gov
http://www. georgetowner. com/ articles/2013/jan/ 18/jac ks-boathouse-lease-put-bid-park-service/
Tammy Stidham
1100 Ohio Drive SW
Washington.DC 20242
202-619-7474 office
202-438-0028 cell
llps: 11 mall. googlo, com/mall/ b/ 152/ u/O/?ul112&1k f 634 766664&v lew;;pt &cat ;;Jeck' s Boathouse&s earch= ...
1/ 1
Up for Bid by Parll Ser\1ce I The Georgetowner
.... ,,.,,,,,,,, ,,,

f' Lii "11 1 1 ol lh 1111 'I
I I I \' ' "'' " Ir
1
10 I) '"' 1( fl
I I 111 .. , I ,, ,,, d111 , .
'-
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NEWS & POLITICS I REAL ESTATE I FASHION I LIVING I FOOD & WINE I ARTS & SOCIITT I CALENDAR
Jack's Boathouse Lease Put Up for Bid by Park
Service
Owner Asks for Community's Help
.IANUllRV 1RTII, 2013 I SHI\ fl[
'the National Perk
Service reviewed its
tam porary halt lo ar'
oviclion of Jack's
Boathouse and wrote to
Jack's on Jan. 16 that it
has deciuod "lo iSS\C o
11ow tom1>orary
concession contract for
non-motorized boat
ronlal M<I storoge
devices and to allow
to continue
operations until such
time lho contract Is
OwMdcd. provided that
occupancy
comports with National
Pnrk SoMco standards .
fhe Jan. 16 letter from NPS regional director Stephen Whitesell lo Jack's Boathouse owner Paul Simkin rescinds lhe
Park Service's Dec. 18 letter sent to tho popular conoo (lnd k(lyak renting facility on the Potomac Rivor in lhc sh:!dow of
Key Bridge lhat first brought up lho ovlction !Ind howls of protest in late December from rons or J:ick's.
No\/Ortheless , t11e latest Park Service action on Jack's makes the r9mOV<ll or Ifie current owner from NPS land appear
more li kely.
TI1e Park Service wrote in its J<111, 16 lottor to Simkin that It "will release a Request for Qu1111ncati on (lffQ) for non-
1Y1otoritod boot rentol and s toroge devices 111 or near the location of lho prMont opcr3fon, we will e1111l uate all
(Asponsllll! proposals. including should you wish lo submit one ,,, " ThP. deadline to respond is in lwo-andil
half weeks, Feb. 6.
Undersla1dably, Jack's owner Is clenrly upset about this lateslobstacle in his fight lo romDin on the shores of the
Poton1oc oncJ ope(llte his business, e Georgetown tradi tion since tho 1940s. Simkin hi.ls owned and run Jack's since
2008. He has operated under a lease controllO<l l>Y mo PMK Service that has not been updatod sfnco 1962: the
monthly rent rema1Md a iitllo more lhM $3$0 for years. Si mkin said he has made significa11l improvements to the
proporty lhalcosl him hundreds of thousands of dollars.
/\few weeks ago, Simkin has retained attorney Charles Camp, wl10 wrolo lo Park Service, citing a detail of September
roaolution by tho District Council , concerning tho lmns for of O.C. public land In the area aroun<t JacK's: "Tho
Nauonal Park Service shall nssumc rc$ponslbllltyto rep1;1lr, maintain, and prolecl all wh<'.ll\'CS , piers , and
similar stncturcs that arc localed on the transferred land or In the adjacent w<llcrs:
Upon rclldlnfJ Ille Jan. 18 leuerfrom NPS, Simkin issued this statement: "Wo 111ougntwe were doing the righl thing.
We 111ou9ht by following the rLJles , making our cLJstomers happy, lncrooslr1g our customer base .. . approximatoly 16-
fold and creating especial emAronment lhat pcoplo lrom all around tho world, not just O.C .. wantod lo boa part or. that
ww.gMrgetownor.com/articlos/2013/jan/18/jacks-Ooathouse-lease-put-bld-parksor-Aco/
J Archives
GEORGETOWNERonline L"dition
SOCIAL SCENE
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arts in Metro DC
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l{l!Ji'GJ4 Up for by Park Ser.i ce I Tho Georgelowner
we were doir19 things the right way. Without being too clicho, It's the American way. We somehow failed. I U1lnk we'w
Just been too nolve. We are llotng steamrolled Into obl ivion by the National P11rk Service, Md we still don1 know why."
' If thi s wore o simple rent m(ltter, we would have been happy to paywhut wos asked. We were never asked. In
add1tio11, we haw now luarned that thoy (ttio National P<Hk Service) should have been ell of those years, for
<lock maintenance something that has cost us huMreds of lhOlS<Jn(ls of dollars out of pocket."
"ti something doosn't change soon In the next few days, we are finis hod. Jack's will be gone forovvr. The legal
expenses hero (lre killing us, os S the Park Service's failure to respond to us In anymeaninl)l lI way and leaving us
absolutulyln the dark. Its willingness to seu a D.C. resourco turned into a typical corporato on\ltywill pruV<\il , In fairness
to my employees, l'vo hart to tell them tMl l/\e future at Jf!Ck's !lppear:i l>leak. That's 27 poisons. This l(llest message,
datnd January 18th, from the NatiOMll Park Sorvico, that we aro allowed to lllcl to run our own business that tile
staff has worked so hard to build S heartbreaking. It should be clear to all that the NPS does 1101 award contracts
basod on objective critorla. Dylls own a<tmlsslon, it 1s atmostwholly&ubjocllve. We would have no chance of winning
boc:iuse we are obvlotisly (and for no Dpparent not wanted."
'Outof neceGSlty, we have retaincct an attornoywhose Investigation of the aroa tHls proved to be onormousl yiMl9htf1.1I.
lllurns out tMt \he land that J(lck's Is on is, in f(lct, owned by tho District of Col umbia and ls neither owned nor
controlled tJythe National Park Servico at all . Because ol some past burMucratic mismM(lgement on the part of tho
NP$, II has been ufJte to act as if it is the l!lndlord. It has taken our rent money, parlo1met;1 no maintenance tasks <1ntl
is now acting (IS If we are tho outsiders. It is my l 111derstanding rrom talking to District officials t11a1the city ls 1JOin9 to
mako tin eno1mous push lo set right wMl a cl ear wrong,"
"I hillle been too emln:irrassed to ask the public for holp pre111ously. I'm ol(l school and a bit too small-town, but, frankly,
this heavy-hlll\Clo(I Rnd hos ti lo takeover by tho Park Ser'J!ce is just kicking my butt. For those who low the placo, ror
those who like the place. ror those who wam Jack's to be a place where thoyc:in still go, l need help. Jack's needs
community support now. I cannot promlso more then co11t1nulng to c.Jo whAt we do and working every llayto make it
l>eller .. and a promtse that there S nothing more important to me than the river. everyone can make ll difference. llyo1,1
hawn't yet ploase sign Iha poti \ion at chango,org, If you know someone who knows 'someone; this Is the timo. We
are talking about day:; , r'IOt weeks or mol'!ths before it is (l ll nver."
l '
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Georgetown Mcctia Group. All 1i9hts reserwd.
101;> 4 Potomac Stroet NW DC. 20001
202-338-4833
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(b) (6)
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~ T M N T OF THE INTERI OR Mall Why I signed - This Is my f avorite
Why I signed -- This is my favorite
. " . . .
<mail@change.org>
@nps.gov
Fri. Jan 18, 2013 at 10:39 PM
I just signed Jesse B Rauch's petition iNational Park Service: Save Jack's Boat house from Closure!" on
Change. org.
This is my fa\Orite spot in the entire city. Please do not let this place be taken from us! I have had memorable
summers there since I moved to the area in 2008 and its the perfect place to enjoy our capital city.
http://www.change.org/petitions/national-park-service-sa1..e-jack-s-boathouse-frorn-closure?response=
29a27107fe70
llps://mall.google.com/ mall/ b/ 152/u/O/?ui=2&iko:f 534768664&vlew:pt&cet o:Jeck's Boathouso&soarch" .
1/ 1
Jack's Boathouse Owner: Park Service Doesn't Own Land Where It's
Terminating Lease - Housing Complex
tammy_stldham@nps.gov <tammy_stidham@nps.gov> Fri. Jan 18, 2013 at 10:38 PM
To: Peter May <Peter_May@nps.gov>, Ste\oe Whitesell <Ste1ie_Whitesell @nps.gov>, Lisa Mendelson-lelmini
<Lisa_Mendelson-lelmini@nps.gov>, tara_morrison@nps.gov, steve_lebel@nps.gov, "jennifer_mummart@nps.gov
<jennifer_mummart@nps.gov>
http: //www. was hi ngtoncitypaper. com/blogs/hous i ngcom plex/2013/01I18/jac ks-boathouse-owner-park-servi ce-
does nt-own-land-where-its-term inati ng-lease/
Tammy Stidham
1100 Ohio Drive SW
Washington.DC 20242
202-619-7474 office
202-438-0028 cell
Tammy _stidharn@nps.gov
/29114 Jack's Boathouse Owner: Park Service Doesn't Own Land Where It's Terminating Lease - Housing Co ...
SHOP LIKE A DIVA SAVE LIKE A BOSS Saturday, February 22 :-:1!' .. .
HOUSING
Jack's Boathouse Owner: Park Service Doesn't Own Land
Where It's Terminating Lease
l )y A3rc111Wlonor 011 J1;1n. 16. 7U1:3 at !l :U7 pm
The National Pal'k Service is moving quickly to award a new contract for the waterfront space currently occupied by .Jack's
Boathouse. But Jack's owner Paul Simkin and his attonwy think they may have discovered something that could put the
process on hold: They assert that the properly no longer belongs Lo NPS.
The 1985 D.C. Council r esolution that transferred a chunk of Gl!oriwt own waterfront property, including Jack's, to NPS
stipulates that the land shall revert to Lhc city in Lhe case of "Amendment or cancellation of the January 7, i 985, deed between
Washington Harbour Associates, Georgetown Pot omac Company, Mount Clare Properties (D.C.) Inc., and the Unite<l States of
America." There appe<ir to have been t wo amendme nts to the deed: one on April 5, 2000, and one on March 1, 2005. Simkin's
attorney, Chudes Camp, interprets this to mean that as of the time of the ;imendments, t he property reverted back to the
city- implying that NI'S no longer has control over the area and can't issue a new concession, which it's trying to <lo by the end
of Fcbniaty.
Simkin and Camp brought up the issue with Ward 2 Councihnember Jack Evans, who today passed the documents ;ilong to
D.C. Attorney General Irv Nathan and asked him to review the matter. Evans says he can't pass legalju<lgment on the issue,
but he encouraged Camp to file for a tempornry rei;training orde1 lo slop ll1e concession process while the case is under review.
Ti.vans also says he contacted Mayor Vin ce Gray and Del. Eleanor Holmes N01'ton ;;ibout the matter.
"She has jurisdiction over Lhe Department of the Interior," Evans says of Norton. "One of the recommendations I made of her
is that s he call I Interior l Secretary [Ken] S;ila7.nr mid find out what's going on here. Don't they have something better to do
t han terminat e Jack' s lease'?"
The offices of the mayor, the allorney general , NPS, and Norton did not immediately respond to calls an<l e mails-it's late on
t he Fricfay before n three-day weekend.
The i985 resolution also stipulated that NPS "shall assume responsibility to repair, maintain, and protect all wharves, piers,
bulkheads, and similar strnclurcs that arc located onthe transferred land or in the adjacenl waters." On .Jan. 14, Camp sent a
letter to Stephen E. Whitesell, NPS' regional direct or for the N<itional Capital Region, and Neil J . Mulhollan<l, president
of the National Park Foundation, informing them of this clause and saying, "Mr. Simkin is shocked and <l isappointed t o have
only recently learned from me that he unnecessarily expended hundreds of thousands of dollars repairing, maintaining an<l
protecting the wharves, piers, bulkheads and similar s truct\ll'CS that were, and for decades have been, the responsibility of the
Nat ional Park Service."
Camp sayi; he asked NPS concession specialist Steve LcHel if he was aware ofNPS' responsibility t o maintain t he facilities, and
ashlngtoncllypaper.corr.
1
. . ./jacks-boathouse-owner-park-service-doesnt-own-land-Where-its-termln ... 1/3
/29/14 Jack's Boathouse Owner; Park Service Doesn't Own Land Where It's Terminating Loase Housing Co ...
that LeBel "ha<l no idea.'' Camp als() says he mel with NPS representatives lo<l.ay, and that they told him they execlud Simkin
lo leave t he property. Camp says he replied, "You can wrile il down: Ile's not going to le<We without a court order."
Simkin and Camp hope t hat t he city's involvement can at least put the brakes on NPS' concession drive until the legal issues arc
set tled. Simkin believes city officials are on his side.
"The attorney folks fo1 the city are very, very interested in gr.Lting the land b:H' k for the city," he says, "and T've been advisr.d
by the city to file actions agail\Sl Lhe Park Service vel'y quickly."
In the absence of city action, Simkin is nol hopeful lhal NPS will award him lhc contract fol' lhe space Jack's has occupied since
1973.
"Wc'l'c hcing aske<l to bid on our own hnsiness,'' he says. "The National Park Service, it's nol a numbers deal wilh lhem. ll's a
subjective deal wilh them. We're never going Lo win it. They'll throw us oul. This is a very hostile sort of takeover."
Evans says NPS has senL mixed messages aboUL its intentions wilh regarcl Lo the concession process. "Wheti I talked to the
!'ark Service bad\ in December , they agreed to kind of stand down," he says. "And today, wilhont any notice to anybody, they
<l cddced to go nhead wilh the compe tition."
If the at torney general rnles that the land hos in fact reverted lo the city, that would have implic..<ttions far beyond ,Jack's, says
Evans.
That ruling would transfer "the whole Georgetown waterfront, not just Jack's Doathouse," Evans says. ;,There nrc positives and
negatives to it, the negative being if we get it back, we have lo pay lo maintain it."
nut he adds that fiscally, "We're in a 111ueh better position than we were in l98s when this was done."
Evans thinks the 1985 Council resolution was hom of concern Lhat the waterfront could face development, which neighbors
opposed. "J tlii11k it has completely to do with Muriol' na1ry," says Evans of the then- mayor. "I le was perceived as trying to
develop that waterfront along the lines of Washington Har bout' . l think ther e was a sent iment back then that if we get this to
lhc Park Service, it'll never get developed."
Now, he wonders if N PS is ready for the onslaught of public opposition it could br facing, regardless of the attomcy general's
interpretation of the resolution.
"i want the Park Service lo come to its senses," Evans says. "I gotta wonder, whoever' s in charge t here, do they know they're
walking into a firestorm?"
Andrew
Citizen
Dre%
I sure hope that no m:ittcr wMt, lhe boalhouse goes to a new oporntor. J8Ck'S ere In ~ tor therrselves and a s!l\'011 group or regulars, and they ~ v o
shown lh<:y'n riSk !)Oalers' safety just to save sorre t itre or money. we need a public boathouse thal iS eager to serve the public.
Does Jack Evans sorloustv think Ken Salazar will can HollTlls Norton bl!ell7 niat's a laugh. HollTl!s Norton iS 8 bed Joke.
Good for Jacks. Good for OCI
12
"

I belleve the Park Service oppOsltlon to theit present tenant Is not ral.ltcd to rroney becavse all they have to do Is provide a long term lease with a ront
K11rt
klcrcaso;
Anorew wrote: "they have shown thoy'I riSk boaters safety j ust to save sortil tin'c or rrQney"
That's a serious charge easy to make anonynnusly onllne but you provide no evidence or even an anecdotal $\Ory to back It up. I've never seen
anything bko th&t et Jaek's so I'll give your charge the consldcretlon that l's due, Andrew.
None.
ash lngtoncitypa per. com/ .. ./jacks-boa tho use-owner -pa rk-servlce-doesn t own-la nd-where-its-termln ... 2/3
129/ 14 Jack's Boathouse OVl"ller; Park Servlco Doesn't 0'11"11 Land Whero It's Terminating Lease Housing Co ...
Nell Pu-cruzat
Sillly
andrews
COiieen
Greg
I'm listing Ir'( name, Ned Paz-Cruzat, In Clise My follow up Is needed. I Mrcc with Kurt regarding Andrew'$ assertions. l have personally rented i<ayakS H
from Jack's Boathouse thrco tlrrcs lhl$ past sunm!r/fan and tmd nothing but weleome service and MSl!llance wlh getting In and out or the watercraft
AFTER I was Issued m,< life jacket wtth attached safety whistle. This operator (lack's) h3s a stellar reputat ion In mv mnd ftnd l would very nuch to
keep being a custon-er. Thanks.
E:vans is a ball\1,
I know thllt Jack's 1$ a beloved local business, but we need to acknowledge the nbsurdky or \he fact that he was running a ror-prof! business on NPS
ltlnd that he was bask:ally rent ln9 ror free, and whleh was being rmlntalned on the Park Service's dlrrc.
II Jaek's was operating on DC-owned land under those clrcun'5tances, we'd be suspecting some sort of corruption.
Andrew,
l'mccrtainly nol opposed to Jack's paying & lair rent. But because of their any rent Increase should be gradual and should bo foir. Jodi's
s11ouldn't object to a rcasOn3blC adjustment In their lease, but there's no reason to evict thorn a negotiation.
"
#tO
Andrew,
The artide notes that Slrrkln was m11nta1ning the piers, wharves, and other structures t hat were NPS's and doing so on his own dime. So
saying he was on lhe Park service's dime would be COn"jlletely at odds with tho iUeK. Yes he night havo been on the land free or rent
but p;iying the n-eintenance bWI on waterfront property is certainly a vlablo "scrviee in lieu" sort of rent p;iyrrcnt Md herdly rree of cost.
I think, not know think, that an ar9um;:nt at equity could easily see Jack's 3$ h&ving paid rent In advance in 8 r8lher significant aITTJunt whic:h NPS
would either have to pay b3ek or count against future ront 011er the course of any contract issued In the future even leaving Mlde the issue of land
ownership.
f 0 DIS I RICT LINE DAil Y !F.m11\I Address I SUBSCRIBE l
1 I 'SI t fr '1 ' ,, ,. . ' 11., -i xt .. l'.-1 llO" , "t '"J".t1
t<I' l /\Ill
ash ingto ncilypaper. com/ .. ./jacks boa tho use-o'M'ler pa rk-se rvice-doesn lOVl"ll la nd-where-its-te rmln ... 3/3
(b) (6)
(b) (6)
c.ll!lmENT OF THE INTERIOR Mail - Why I signod Don't mess with Jack's
Why I signed - Don't mess with Jack's
mall@change.org>
To: Ste'.e_Whitesell@nps.gov
Dear Ste\e Whitesell, Regional Director (National Park Service),
Fri , Jan 18, 2013 at 10:1 8 PM
Change.erg.
Don't mess with Jack's Boathouse!!!
Arlington, Virginia

29a27107fe70
ttps://mail.googlo.comlmall/b/1S2/u/O/?ui=2&ik=f534768664&vlew pt&clilt;oJack's Boalhouso&soarch
1/1
(b) (6)
(b) (6)
II91l'!llJT OF TI-IE INTERIOR Mail Why I signed - historical small business
Why I signed -- historical small business
<mail@change.org>
Fri. Jan 18, 2013 at 9:41 PM
Change.erg.
historical small business
-

29a27107fe70
ltps://mall .google.com/mail/b/ 152/u/O/?ul 2&1k "'1534788664&v lew=pt&cat Jack's Boathouse&se;:irct1" . ,
1/ 1
(b) (6)
(b) (6)
112rn-OF THE INTERIOR Mall - Why I signed - Can't imagino tho Potomac
Why I signed . .. Can't imagine the Potomac
mail@change.org>
Dear Steve Whitesell, Regional Director (National Park Ser'\Ace),
Fri, Jan 18, 2013 at 9:12 PM
Change.org.
Can't imagine the Potomac without Jack's Boathouse. During the 30+ years we lived in the DC area, Jack's
was always the special treat of the summer. It Is a beloved landmark and a long-time treasure for DC area
residents and visitors. Taking it away would be tantamount to tearing down a monument as far as its
identification with DC in the minds and memories of many.
. . -
. '' .. ' . na
29a27107fe 70
ltps ://mall .google. com/mail/bl 152/u/O/?ui=2&1k=f 534 768664&v ieWllpt &cw=Jack's Boathouse&sMrOh" . 1i1
(b) (6)
(b) (6)
lF lHE INTERI OR Mall Why I signed - lHIS CANNOT BE ALLOWEDllll
Why I signed THIS CANNOT BE ALLOWED!!!!

Fri, Jan 18, 2013 at 9:05 PM
Change.erg.
THIS CANNOT BE ALLOWED!!!! SAVE JACK'S!!!!!!!!!!!!!!!
http://www.change.org/petitions/national-park-ser\1ce-save-jack-s-boathouso-from-closure?response=
29a27107fe70
It ps :// m ail.google. com/mail/ b/ 152/u/O/?ul 2&1k "1531\ 708661\& v law=pt&cat =J ao k' s Bo::ithouse&s earc h= ... 1/1
(b) (6)
(b) (6)
129114
Why I signed .. M Jack's is a DC
- mail@change.org>
Dear Steve Whitesell, Regional Director (Nati onal Park Service),
Fri , Jan 18, 2013 at 8:46 PM
I j ust signed Jesse B Rauch's petition "National Park Servi ce: Save Jack's Boathouse from Closure!" on
Change.org.
Jack's is a DC staple. Whether I'm actually kayaking, or if I'm running along the Potomac or dri\1ng up the
GW Parkway ... ! always see folks on the river enjoying themselves thanks to Jack's.
Arli ngton, Virginia
http://www.change.org/petitions/national-park-servico-save-jack-s-boathouse-from-closure?response=
29a27107fe70
lips :llmall.google. coml mail/b/ 152/u/O/?ul 2&1k f 534 768664&v iew=pt&cat"-J(lck's Boathouse&search= .
111
(b) (6)
(b) (6)
129/ 1-0EPARTMENT OF THE INTERIOR Mail Why I signed - It is fun. Thl5
Why I signed -- It is fun. This
mail@change.org>
To: Steve_ Whitesell @nps.gov
Fri, Jan 18, 2013 at 8:42 PM
Change.org.
It is fun. This place helped my son by calming him and he loved every minute of it. We went once but it was a
once In a lifetime moment for our autistic family.
--
Fairfax, Virginia
Rauch by cllcklng here:
http://www.change.org/petitions/national-park-se,....;ce-sa\o\3jack-s-boathouse-from-closure?response=
29a27107fe 70
tips :l/m:.ill.google.com/mail/b/152/u/O/?ui=2&1k f 534 768664&v iew=pt&eat =Jack's Boathouse&search= ...
1/ 1
1,3/14 DE:PARTMENT OF THE INTERIOR ~ - Re: Jack's stories so I ar
Re: Jack's stories so far
Lisa Mendelson-lelmini <lisa_mendelson-ielmini@nps. gov> Fri, Jan 18, 2013 at 8:21 PM
Cc: Carol Johnson <carol_bjohnson@nps.gov>, "Mummart, Jennifer" <jennifer_mummart@nps.gov>, Tara Morrison
<tara_morrlson@nps.gov>. Ste\10 LeBel <steve_lebel@nps.gov>
Awesome team effort and your support and counsel is invaluable!
202-297-1338 cell
202-619-7023 office
On Jan 18, 2013, at 8:09 PM. Steve Whitesell <steve_whilesell@nps.gov> wrote:
Thank you all for your great work on this issue. We've stuck together as a team under some nasty
crossfire. I can't imagine ha\Ang done this without you.
Have a great weekend and we'll see you next week.
Steve
Sent from my iPad
On Jan 18, 2013, at 7:37 PM, Lisa Mendelson-lelmini <lisa_mendelson-ielmini@nps.gov> wrote:
Fui - There is a note signed from Mr Simkin on his Jack's Boathouse Facebook
page.
202-297-1338 cell
202-619-7023 office
On Jan 18, 2013, at 7:17 PM, Steve Whitesell <steve_whitesell@nps.gov> wrote:
The change.erg site is heating up again. The cry of "Save Jack's" is
rising. Lots of disinformation including the continued sense that we are
taking over for our own profit. No one seems to get the idea this is
tips:// mall. google. com/mail/bl 152/u/O/?ul,,2&1k f 534 766664&v iew=pt&cat "Jack's Bo;it house&searc h" ... 113
1:..9/14 DEPARTMENT OF THE INTERI OR Mail - Re: Jack's stories so t ar
public land and that any operation should be in furtherance of the
people's interest.
Sent from my iPad
On Jan 18, 2013, at 6:08 PM, Carol Johnson
<carol_bjohnson@nps.goV> wrote:
There weren't many places to go with it after the last
round. Kind of a denouement. Only people I see going
anywhere with (and that's unlikely) are the biogs
Sent from my iPhone
On Jan 18, 2013, at 5:26 PM, "Mummart, Jennifer''
<jennifer_mummart@nps.goV> wrote:
Hi all,
Stories written so far are generally re-runs
of the AP Story, which is short and
accurate (uses the date of 1945 for the
founding of Jacks, which may be true - we
have focused on the 1973 date when the
month to month lease started). No quotes
included from either NPS (one uses Jar.As
quote) or Simkin or his representatives.
Jennifer
AP Storv (running on websites ~ l ) w )
Washington Post
http://www.washi ngtonpost. com/
local/national-park-ser\lice-seeks-bids-to-
operate-facility-at-site-of-jacks-boathouse-
in-georgetown/2013/01I 18/24f14276-61 b9-
11 e2-81 ef-a2249c1 e5b3d_story. html
Seattle Pl
hllp://www. seattlepi.com/ news/article/Park-
ser\lice-seeks-bids-for-Jack-s-Boathouse-
s ite-4206293. php
CBS DC
http://washington.cbslocal .
com/2013/01 /18/park-service-seeks-bids-
ttps;//m ail.google.com/ mail/b/ 152/u/Ol?ul 2&1k" f 534 768664&v lew=pt&cat ..,j ack's Boathouse&search= ..
2/3
i;.9/14 DEPARTMENT OF THE INTERIOR Mall Re: Jack's stories so far
for-jacks-boathouse-site/
Atlanta Journal Constitution
http://www.ajc.com/ news/ap/tra1iel/park-
service-seeks-bids-for-jacks-boathouse-site/
nT2K4/
Wasbington Cltv Paper
http:/ /www.washi ngtoncitypaper.com/blogs/
ho us ingcomplex/2013/01 /18/park-service-
toaward-contract-for-jacks-boathouse-
space-next-month/
Jennifer Mummart
(acting) Associate Regional Director for
Communications
(202) 619-7174
www. nps.gov
The National Park Service cares for special
places s ~ d by the American people so
that all may experi ence our heritage.
3/3
Fwd: urgent: Jack's Boathouse
Carol Johnson <carol_bjohnson@nps.goV>
To: Steve Whitesell <Steve_Whitesell @nps.goV>
Just wanted to be sure u were copied on this
Sent from my iPhone
From: Carol Johnson <carol_bjohnson@nps.gov>
Date: January 18, 2013. 7:03:15 PM EST
To: David Barna <davi d_bama@nps.goV>
Cc: "Jennifer _Mummart@nps .gO\/' <Jennifer_ Mummart@nps .goV>
Subject: Re: urgent: Jack's Boathouse
Fri, Jan 18. 2013 at 7:37 PM
One more question: why would DC wait until there was a decision to raise this. They've had until
Christmas to contact us. As long as its true we could just say we've heard nothing from DC about
the matter
Sent from my iPhone
On Jan 18, 2013, at 6:50 PM. David Barna <david_barna@nps.goV> wrote:
From: Aaron Wiener [mailto: awiener@washingtoncitypaper.com]
Sent : Friday, January 18, 2013 04:31 PM
Subject: urgent: Jack's Boathouse
Hi David,
Sorry to trouble you on a Friday evening, but I hear the DC government's getting
in\.Qlved in the Jack's Boathouse issue and claims that the land reverted to the city.
I'd like to speak with you as soon as possible on this I'm planning to post on it
shortly.
Thanks very much,
Aaron
Aaron Wiener
Reporter, Washington Ci ty Paper
(202) 650-6928
washingtoncitypaper.com/blogs/housingcomplex
1 2 9 1 ~ D!!P/\HTMENT OF THE INTERI OR Mall - Re: Jack's stories so tar
Lisa Mendelson-lelmini <lisa_mendelson-ielmini@nps.gov> Fri, Jan 18, 2013 at 7:35 PM
To: Ste'A3 Whitesell <steve_whitesell@nps.gov>
Cc: Carol Johnson <carol_bjohnson@nps.gov>, "Mummart, Jennifer'' <jennifer_mummart@nps.gov>, Suzanne
Waldron <Sue_Waldron@nps.gov>. Tara Morrison <tara_morrison@nps.gov>. Steve LeBel <ste-.e_lebel@nps.gov>.
David Barna <Da"1d_Bama@nps.gov>, Jennifer Anzelmo-Sarles <jenny_anzelmo-sarles@nps.gov>
Fui -- There Is a note signed from Mr Simkin on his Jack's Boathouse Facebook page.
202-297-1338 cell
202-619-7023 office
On Jan 18, 2013, at 7:17 PM, Steve Whitesell <steve_whitesell @nps.gov> wrote:
The change.org site is heating up again. The cry of "Sa1.e Jack's" is rising. Lots of disinformation
Including the continued sense that we are taking o'A3r for our own profit. No one seems to get the
idea this is public land and that any operation should be in furtherance of the people's interest.
Sent from my iPad
On Jan 18, 2013, at 6:08 PM, Carol Johnson <carol_bjohnson@nps.gov> wrote:
There weren't many places to go with It after the last round. Kind of a denouement.
Only people I see going anywhere with (and that's unlikely) are t he biogs
Sent from my iPhone
On Jan 18, 2013, at 5:26 PM, "Mummart, Jennifer'' <jennifer_mummart@nps.gov>
wrote:
Hi all ,
Stories written so far are generally re-runs of the AP Story, which is
short and accurate (uses the date of 1945 for the founding of Jacks,
which may be true - we ha\ focused on the 1973 date when the
month to month lease started). No quotes included from either NPS
(one uses Jarvis quote) or Simkin or his representatives.
Jennifer
ttps://mail.google.com/mall/b/16:i/u/O/?ui=2&ik=f 534 768664&v lew=pt&cal =Jack's Boathouse&search= .. . 1/2
DEPARTMENT OF THE INTERIOR Mall - Re: Jack's stories so far
AP Story (running on websites below)
Washington Post
was hingtonpos l. com/local/national-park-service-seeks-bids-
t o-operat e-fac i Ii ty-at-s ite-of-jac ks-boat ho us e-i n-georgetown/2013/
01/18/24f14276-61 b9-11 e2-81 ef-a2249c1e5b3d_story. html
Seattle Pl
http://www. seattlopi. com/news/article/ Park-service-seeks-bids-for-Jack-
s-8oathouse-s i le-4206293. php
CBS DC
http://washington.cbslocal .com/2013/01/18/park-service-seeks-bids-for-
Jacks-boathouse-site/
http://www.ajc.com/news/ap/travel/park-service-seeks-bids-for-jacks-
boathouse-site/nT2K4/
Washington Cltv Paper
http://www.washingtoncitypaper.com/blogs/
hous ingcom plex/2013/01I18/park-service-to-award-contract-for-jacks-
boathouse-s pace-next-month/
Jennifer Mummart
(202) 619-7174
www.nps.gov
The National Park Serv1ce cares for special places saved by the
lips ://mail.google.com/mall/b/152/u/O/?ui=2&ik"f 634 768664&v lew=pt&cat=Jack's Boathouse&seareh" .. 212
DEPARTMENT OF THE INTERI OR Mall Re; J<1ck's stories so f or
Carol Johnson <carol_bjohnson@nps.gov.> Fri, Jan 18, 2013 at 7:29 PM
To: Steve Whitesell <st eve_whitesell @nps.gov.>
Cc: "Mummart, Jennifer'' <jennifer_mummart@nps.gov.>, Lisa Mendelson <lisa_mendelson-ielmini@nps.gov>,
Suzanne Waldron <Sue_Waldron@nps.gov.>, Tara Morri son <tara_morrison@nps.gov.>, Steve LeBel
<ste\.El_lebel@nps.gov.>, David Barna <Davi d_Barna@nps.gov.>, Jennifer Anzelmo-Sarles <jenny_anzelmo-
sarles@nps.gov.>
That's what change.erg Is for! Grievances that have no merit. Not much to be done about that I think. But is Jon
getting emails like before?
Sent from my iPhone
On Jan 18, 2013, at 7: 17 PM, Steve Whitesell <steve_whitesell@nps.gov> wrote:
The change.org site is heating up again. The cry of "Save Jack's" Is rising. Lots of disi nformation
including the continued sense that we are taking over for our own profit. No one seems to get the
idea this Is public land and that any operation should be in furtherance of the people's interest.
Sent from my iPad
On Jan 18, 201 3, at 6: 08 PM, Carol Johnson <carol_bjohnson@nps.gov.> wrote:
There weren't many places to go with it after the last round. Kind of a denouement.
Only people I see going anywhere with (and that's unlikely) are the biogs
Sent from my iPhone
On Jan 18, 2013, at 5:26 PM, hMummart, Jennifer" <jennifer_mummart@nps.gov>
wrote:
Hi all,
Stories written so far are generally re-runs of the AP Story, which is
short and accurate (uses the date of 1945 for the founding of Jacks,
which may be true - we have focused on the 1973 date when the
month to month lease started). No quotes included from either NPS
(one uses Jarvis quote) or Simkin or his representatives.
Jennifer
Washington Post
ttps://mail.googla.comlmoll/b/152/u/O/?ui=2&ik=I 534 768664&v lew=pl&cat =Jack' s Boathouse&saarch= .. , 1/2
129114 DEPARTMENT OF THE INTERIOR Mall Re: Jack's stories so rm
http://www.washingtonpost.com/local/national-park-service-seeks-bids-
to-operale-fac i I it y-a t-s ite-of-j ac ks-boalhous e-i n-georgetown/2013/
01/18/24f14276-61 b9-11 e2-81ef-a2249c1 e5b3d_s tory. htm I
Seattle Pl
http://www.sealllepi.com/news/article/Park-service-seeks-bids-for-Jack-
s-Boathouse-s ite-4206293. php
CBS DC
http:! /was hi ngton. cbs local. com/2013/01/18/park-s ervice-seeks-bids-f or-
jac ks-boathouse-site/
hltp://www.ajc.com/news/ap/tra1iel/park-service-sceks-bids-for-jacks-
boathouse-s ite/ n T2K4/
Washington City Paoer
http://www.washingtoncitypaper.com/blogs/
ho us ingcomplex/2013/01/18/ park-service-to-award-contract-for-jacks
boathouse-space-next-month/
Jennifer Mummart
(202) 619-7174
www.nps.gov
The National Park Service cares for special places saved by the
Ameri can people so that all may experience our heritage.
ltps://mall.googlo.com/maillb/152/u/Ol?ui=2&1kllf 534 768664&v iew=pt&cataJack 's Boathouse&scmch= ... 2/ 2
(b) (6)
(b) (6)
OF THE INTERIOR Mall - Why I signod -- Jack's boathouso Is a
Why I signed -- Jack's boathouse is a
- mail@change.org>

Dear Steve Whitesell, Regional Director (National Park Ser'\Ace),
Fri, Jan 18, 2013 at 6:49 PM
I just signed Jesse 8 Rauch's petition "Nat ional Park Service: Save Jack's BoathoLtse frorn Closure!" on
Change.org.
Jack's boathouse is a community staple and a part of the local character. Let's not let the NPS eat that up.

29a27107fe70
llps://mail.googlo.com/mall/b/152/u/O/?ul"'2&1k f 534 768664&v icw-pt&cat =Jack's Boathouse&search= ...
1/1
(b) (6)
(b) (6)
!!WXllWMENT OF THE INTERIOR Mail - Why I signed - Jack's is a fontastlc
Why I signed -Jack's is a fantastic

Dear Ste\e Whitesell, Regional Director (National Park Servi ce),
Fri, Jan 18, 2013 at 6: 46 PM
Change.erg.
Jack's is a fantasti c place that my friends and I frequent for bbq's and canoe races with my buddies. SAV
JACKS!!!!
http://www.change.org/petitions/nationalpark-service-sal,()-jack-s-boathouse-from-closure?response=
29a27107fe 70
ltps://mail.google.com/mall/b/152/ u/O/?ui=2&1k f 534 768664&v iew-rpt&cat =Jack's Boathouse&search= ... 1/1
(b) (6)
(b) (6)
OF THE INTERIOR Mall - Why I 5lgned - 1 frequently visit my
Why I signed I frequently visit my
- mall @change.org>

Dear Steve Whitesell, Regional Director (National Park Ser.foe),
Fri, Jan 18, 2013 at 6:45 PM
Change.erg.
I frequently 'visit my brother in DC and we almost always go to jack's boathouse. This a well run business run
by great people. It would be a serious mistake to close them downl
- -ork
29a27107fe 70
11ps: //mail. googlo. com/ mall/bl 1S2/u/O/?ui=2&1k=f634 768664&v iew=pt&c 01 Jack's Boalhouso&s earch" ... 1/1
(b) (6)
(b) (6)
OF THE INTERIOR Mall Wt1y I signed - Jack's is an historical
Why I signed -- Jack's is an historical
< mai l@change.org>
Fri, Jan 18, 2013 at 6:35 PM
Change.org.
Jack's is an historical landmark
...
alexandria va. Virginia
http://www.change.org/petitlons/national-park-servlce-sa1.e-jack-s-boathouse-from-closure?response=
29a27107fe 70
ttps://mall.google.corn/rneil/ b/152/u/Ol?ut=2&1k:or 634 766664&v iew=pt&cat =Jack's Bo3thouse&search= .. . 111
(b) (6)
(b) (6)
IQWt.ENT OF THE INTERIOR Mall Why I signed - I don' t understand. Did
Why I signed -- I don't understand. Did
- <mail@change.org>
Fri, Jan 18, 2013 at 6:25 PM
I just signed Jesse B Rauch's petition "Nat ional Park Servi ce: Save Jack's Boathouse from Closure!'' on
Change.erg.
I don't understand. Did the NPS see the profit potential and just decide to try to kick out the small business
owners and run it themselves? It appears that way, and If it is true, it is shameful conduct.
liiili.
Bowie, Maryland

29a27107fe 70
ttps://mail.googla.eom/m<111/b/1 52/u/O/?ui=2&il<" f 634 768664&v iew=pt&c<1t 11Jack's Boathouso&search= ... 1/1
(b) (6)
(b) (6)
1111970F THE INTERIOR Mall - Why I signed - Fond childhood memories of
Why I signed -- Fond childhood memories of
mail@change.org>
Fri , Jan 18, 2013 at 6:23 PM
Change.erg.
Fond childhood memori es of Jack's - its where we stored our fami ly canoe for years. It is a great way for
young people to learn about the riwir and develop an appreciation for this valuable natural resource .
......
Arlington. Virginia
http://www.change.org/petilions/national-park-servicewsave-jack-s-boalhouse-from-closure?response=
29a27107fe70
ttps; II mail. googlc. com! m ell/ bl 152/u/Ol?ul"2&1k =f 534 768664&v lew=pt&cat =Jack's Boathousc&seerch= ... 111
lawi114- P(lrk Service to Award Cont met for Jack's Boat houso Space Ne .. .
Park Service to Award Contract for Jack's Boathouse Space Next Month
Housing Complex
Tammy Stidham <tammy_stidham@nps.goV> Fri, Jan 18, 2013 at 6:13 PM
To: peter_may@nps.gov, Ste1A3_Whitesell@nps.gov, Lisa_Mendelson-lelmini@nps.gov, stel.A3_1ebel@nps.gov,
Tara_Morri son@nps.gov, jennifer_mummart@nps.gov
http://www. was hingtoncitypaper. com/blogs/hous ingcom plex/2013/01/18/ park-service-to-award-contract-for-jacks-
boathouse-s pace-next-month/
t tps ://mail. google. com/m all/b/ 152/u/O/?ulc:2&ik =f 534 768664& v iuW"pt&cat =Jack's 6oathouse&a earch= .. 11 1
/29/1 4 Park Service to Award Contract for Jack's Boathouse Space Next Month Housing Complex
'-=----'-"--..._...-"-S_H_O_P_ LI KE A DIVA SAVE LIKE A BOSS Saturday, February 22

..

HOUSING
Park Service to Award Contract for Jack's Boathouse Space
Next Month
Posted by Aaron Wiener on Jan. 16. ?.U13 al 4:33 pm
The city's spunkiest boathouse could be out of a hoine as early as next month. This afternoon, the National Park Service
oflicially put out a request for companies lo compete for a contract for Lhe Georgetown space lhal's been occupied by ,Jack's
Boathouse since 1973.
The status of the boathouse was unclear after NPS indicated it was terminating .Jack's month-to-month lease hul then held off
on making any fi nal decisions until NPS Director .Jon Jar vis had Lime to review the situation. Now, NPS has announced that
intercsled parties hove until Feb. 6 to respond to the so-called l'Cquest ror qualifications, and that NPS plans to award the
contract by the end of February. Jack's will be allowed to compete for the cont ract and will remain in oerntion until the
contract is awarded.
"Tl1c right thing to do is to get this boat rental operation under a compelilivcly-awardcd concession contract, just as we do i11
other parks," said Jarvis in a press release. "Until that contract is in place, we do not need lo terminate the existing lease. We
nre committed to ensuring that visitors lo the Georgetown waterfront arc able to wet a paddle anrl get out on the waler, that
the resources in ou1 care are p10Lccted, and that the American people gel a fair return for the privikge of operuling a business
in a national park. The concession contrnct will do t hat."
NPS sent Jack's owner Paul Simkin a letter today informing him of the move and promising to "evaluate all responsive
prnposals, including yours should you wish t o submit one, in a fair and consistent fnshion Lo ascertain which best responds to
the RFQ and meets the requireml'nts of the contract."
I'm awaiti.J1fl, confirmation from Simkin that he's planning to submit a proposal, as he indicated during our lasl conversation.
\,(1111111(> 111 &
LI 1t.ll 1; F 11
[ ... ]Stories CYJTC to Jim Gr<>h<>m Go Away Wendy Rieger: Still the Best Pbrk SCl'Vlee to Award Contract for Jack's Boat11ouse Spoce Next Month led
Zeppetin Played Here Corring to AFI Stiver Theatre A Look at Sushi Taro's $138 ToraFugu [ ... J
>ashinglo_ncltypaper.com/ .. ./parkservice-to-awardcontract-for-Jacks-boathouse-space-nel<l-month/ 1/2
129/14
Carol Johnson <carol_bjohnson@nps.goV> Fri , Jan 18, 2013 at 6:08 PM
To: "Mummart. Jennifer'' <jennifer_mummart@nps.goV>
Cc: Steve Whitesell <Steve_Whitesell @nps.goV>, Lisa Mendelson <lisa_mendelson-ielmini@nps.goV>, Suzanne
Waldron <Sue_Waldron@nps.goV>. Tara Morrison <tara_morrison@nps.gov>. Steve LeBel <steve_lebel@nps.gov>,
David Barna <David_Barna@nps.goV>, Jennifer Anzelmo-Sarles <jenny_anzelmo-sarles@nps.gov>
There weren't many places to go with It after the last round. Kind of a denouement. Only people I see going
anywhere with (and that's unlikely) are the biogs
Sent from my iPhone
On Jan 18, 2013. at 5:26 PM, "Mummart, Jennifer" <jennifer_mummart@nps.gov> wrote:
Hi all,
Stories written so far are generally re-runs of the AP Story, which is short and accurate (uses the
date of 1945 for the founding of Jacks. which may be true - we have focused on the 1973 date
when the month to month lease started). No quotes included from either NPS (one uses Jarvis
quote) or Simkin or his representatives.
Jennifer
Washington Post
http://www.washingtonpost.com/local/national-park-ser.1ce-secks-bids-to-operate-faci llty-at-site-of-
jacks-boathouse-in-georgetown/2013/01/18/24f14276-61 b9-11 e2-81 ef-a2249c1 e5b3d_story.html
Seattle Pl
http://www.seattlepl .com/news/artlcle/Park-serv1ce-seeks-bids-for-Jack-s-Boathouse-site-
4206293.php
CBS DC
http:! /was hington. cbs local. com/2013/01/18/ park-service-seeks-bids-for-jacks-boathouse-site/
http: //www.ajc.com/ news/ap/traval/park-service-seeks-bids-for-jacks-boathouse-site/nT2K4/
ltps://mail.googlo.com/mail/b/ 152/u/0/?ui=2&ik=f 534 768664&v iew=pl&cat Jack's Boathouse&search= .. 1/2
129/14 DEPARTMENT OF THE INTERIOR Mall - Ro: Jack's stories so I ar
Washington City Paper
http://www. was hingtoncily paper. com/blogs/hous ingcom plex/2013/01I18/park-service-to-award-
contract-for-jacks-boathous e-s pace-next-month/
Jennifer Mummart
(202) 619-7174
www.nps. gov
The National Park Service cares for special places sa-.ed by the American people so that all may
experi ence our heritage.
lips ://mall.google. com/ m!lillb/ 152/v/O/?ui=2&1k=I 534 766661\&v iowspt&cat=Jack's Boathouse&scarch= ... 2/2
(b) (6)
(b) (6)
1291-oo!PARTMENT OF THE INTERIOR Mall Why I signed - This Is one of
Why I signed -- This is one of
- mail @change.org>
Fri, Jan 18, 2013 at 6:07 PM
Change.org.
This is one of the only places left in Georgetown you can have a great time for a reasonable price. Save jacks!
There are now 2308 signatures on this petit ion. Read reasons why people are signing, and respond to Jesse B

29a27107fe70
ttps://mail.google.com/ma!ll b/ 152/ul0/?ui=2&1k:=f 534 766664&v lew=pt&cat=Jack's Boalhouse&search" ... 111
1121Jl1:JIR Mail - Ro: Contaci from Michael Saylor' s attorney regarding Jack's
Re: Contact from Michael Saylor's attorney regarding Jack's
Whitesell, Steve <steve_whitesell@nps.goV>
To: "May, Peter'' <peter_may@nps.goV>
thanks
On Fri, Jan 18, 2013 at 5:58 PM, May, Peter <peter_may@nps.goV> wrote:
Fri, Jan 18, 2013 at 6:04 PM
As Jack Evans predicted, Tom Heyer called me asking about Jack's boathouse. The call was quit e cordial and
he expressed an interest in "working something out". I told him I did not ha'lle a lot to say to him, but that I
would inform my colleagues who have a di rect role In the matter of his Interest. I told him of the press release
and the concession offeri ng and I sent him the text of the former and a link to the latter. I did not promise
further contact from us but I expect he wi ll call again.
Peter
Peter May
National Park Ser\.1ce - National Capital Region
(202) 619 7025
peter _may@nps.gov
ttps ://mall. googlo. com/ mail/ bl 152/u/ O/?ui=2&il< llf 534 788664&v lew=pt&cat aJ ack 's Boathouse&searc h .. . 111
129114 DEPARTMENT OF THE INTERIOR Mail - Jack's stories so far
Jack's stories so far
Mummart, Jennifer <jennifer_mummart@nps.goV> Fri, Jan 18, 2013 at 5:26 PM
To: Steve Whitesell <Steve_Whitesell @nps.goV>, Lisa Mendelson <lisa_mendelson-ielmini@nps.goV> , Suzanne
Waldron <Sue_Waldron@nps.goV>, Tara Morrison <tara_morri son@nps.goV>, Steve LeBel <steve_lebel@nps.goV>,
David Barna <David_Bama@nps.gov>, Carol Johnson <carol_bjohnson@nps.gov>, Jennifer Anzelrno-Sarl es
<jenny_anzelmo-sarles@nps.goV>
Hi all ,
Stori es written so far are generally re-runs of the AP Story, which is short and accurate (uses the date of 1945 for
the founding of Jacks, which may be true - we have focused on the 1973 date when the month to month lease
started). No quotes included from either NPS (one uses Jarvis quote) or Simkin or his representatives.
Jennifer
Washington Post
http://www.washinglonpost .com/local/national-park-servi ce-seeks-bids-to-operate-faci lity-at-site-of-j acks-
boathouse-in-georget own/2013/01/1 8/24f14276-61 b9-11 e2-81 ef-a2249c1 e5b3d_story .html
Seattle Pl
http://www. sealll epi. com/ news/arti cle/P ark-s ervice-seeks-bids-for-Jack-s-Boathouse-s il e-4206293. php
CBS DC
http:! /was hi ngton. cbs local. com/2013/01I18/park-service-seeks-bids-for-jacks-boathouse-s ite/
http://www. ajc.com/news/ap/travel/ park-servi ce-seeks-bids-for-jacks-boathouse-site/nT2K4/
Wasbington City Paper
http://www. was hingtoncitypaper.com/blogs/ hous ingcom plex/2013/01I18/ park-service-to-awardcontract-for-jac ks-
boalhouse-s pace-next-month/
t tps :If mall .google. comf ma!lf h/ 152/uf Of?ul,,2&ik =f 534 768664&v iew=pt&cat Jack's Boat house&searcl1" ..
Jennifer Mummart
(202) 619-7174
www.nps.gov
The National Park Service cares for special places s ~ d by the American people so that all may experience our
heritage.
Re: WRONG FILES UPLOADED
Tara Morrison <tara_morrison@nps.gov> Fri, Jan 18, 2013 at 2:44 PM
To: Lisa_Mendelson-lelmini@nps.gov, Jennifer _M ummart@nps.gov, s teve_ whitesell@nps.gov,
Ste\/e_LeBel@nps.gov, Peter_May@nps.gov
Steve Lis headed back to speak w Keith.
From: Mendelson, Lisa [ mailto:lisa_rnendelson-ielmini@nps.gov]
Sent: Friday, January 18, 2013 12:27 PM
To: Jennifer Mummart <Jennifer_Mummart@nps.gov>; Steve Whitesell <steve_whitesell@nps.gov>; Steve LeBel
<Steve_LeBel@nps.gov>; Tara Morrison <tara_morrison@nps. gov> i Peter May <Peter _May@nps.gov>
Subject: WRONG FILES UPLOADED
NOOOOOOOOO - the wrong doc is posted, we have the RFQ posted 2 ti mes, but one time Is with the name
Contract. The Contract is NOT posted. I'm trying to gel to Keith now to have him correct it. YIKES ....
Lisa Me11delso11-lel111i11i. AICP
National Purl.: Sc.:rvicc
202-619-7023 o fflcc
202-297- 1338 cell
On Fri , Jan 18, 2013 at 2:16 PM, Mendelson, Lisa <lisa_mendelson-ielmini@nps.gov> wrote:
https ://www.fbo.gov/index ?s =opportunity &mode=form&id=81467 4248439fa559852b4633d9595
09&tab=core&_cvi ew=O
U.m 11fe11del.wm-lel111ini, AlCP
Deputy Regional Diructor
Nul ional !:'ark Sc.:rvicc
202-619-7023 o tllcc
202-297-1338 cell
129/14 DEPARTMENT OF THE INTERIOR Mail - Re: I found the URL
Re: i found the URL
Mummart, Jennifer <jennifer_mummart@nps.gov> Fri, Jan 18, 2013 at 2:22 PM
To: "Mendelson, Lisa" <lisa_mendelson-ielmlni@nps.gov>
Cc: Steve Whitesell <ste-.e_whitesell @nps.gov>, Ste\() LeBel <Stel,(J_LeBel@nps.gov>, Tara Morrison
<tara_morrison@nps.gov>, Peter May <Peter_May@nps.gov>
Thanks so everything is ready to be distributed here - as soon as we hear that "it happened".
Jennifer Mummart
(202) 619-7174
www.nps.gov
heritage.
On Fri, Jan 18, 2013 at 2:16 PM, Mendelson, Lisa <li sa_mendelson-ielrnini@nps.gov> wrote:
https ://www.Ibo.gov/index?s =opportunity &mode=form&id=81467 4248439fa559852b4633d9595

Lisa Meml <?lson-lel111 i11i, AJC/>
11qrnty Regional Director
Nat ion al l'ark Service
202-619-7023 otlicc
202-297-1338 cell
ttps://mall.googlo .com/mall/b/152/u/O/?ui=2&1k:=f 534 768664&v iew=pt&cat ;:Jack's 8oathouse&soarch= ... 1/1
129/14 DEPARTMENT OF TI-IE INTERIOR Mall - i found the URL
i found the URL
Mendelson, Lisa <lisa_mendelson-ielmini@nps.gov> Fri , Jan 18, 2013 at 2:16 PM
To: Jennifer Mummart <Jennifer_Mummart@nps.goV>, Ste-..e Whitesell <steve_whitesell@nps.goV>, Ste-..e LeBel
<Steve_LeBel@nps. goV>, Tara Morrison <tara_morrison@nps.gov>, Peter May <Peter_May@nps.gov>
hltps ://www.Ibo.gov/ index ?s =opportunity& mode= form& id=81467 4248439fa559852b4633d9595
09&tab=core&_c\tiew=O
Lisa Me11de/so11-lel111i11i, AICP
Deput y Regional Direct or
202-619-7023 oftlcc
202-297-1333 cell
ttps://mail.google.com/ mall/b/152/u/O/?ui=2&ik" f 534 768664&v lew=pt&cai =Jack's Boathouse&seareh'" ... 1/1
lflR()04 12 Federal Business Opportunities: Oppor ...
Home Getting Started General Info Opportunities Agencies Privacy
M--Non-motorized Boat Rental and Storage
Sollcltntlon Number ; TC ROCR004-12
Agency Dopart1mnt of tho kitorior
Office. NationHI P<1rk Service
Location: Nrs - All Of lieu:.
Nollco Details __ 1n_ 1c_.r_es_t_ed _ Vor1(Jors t 1gt
l\cce8'.3l bll1ty
Pl'ir\I Link
Note : n1cro have bean rmdificatlons to this notice. You arc currently viewing tho origi nal synopsis. To viow the rrost recent 1rodlflcation/ama11dmant.

s&w!ctc View
Original
Synop s is
Jon 18, 2013
?O:l pm
Changed
Jen 78, 2013
10:1ilam
Return To Opportunities Lis t 11 Watch Thi s Opportunity
Add Me To tnte restod Vendors
Solicit<ition Number: Notice Type:
TC-ROCR00412 Special Notice
Synopsis:
Added: Jan 18, 2013 2:03 pm
Pursuant to the National Park Service Concessions Management
Improvement Act of 1998, Public Law 105391 , the Director of the
National Park Service may award non-competitive temporary concession
contracts for consecutive terms not to exceed three years In the
aggregate.
Through a lease held by National Park Foundation, the National Park
Service (Service) has provided non-motorized boat rental and storage
services in Rock Creek Park on the Georgetown Waterfront since
transferred from the District of Columbia to the National park Service in
1999.
The Service anticipates awarding a temporary concession contract for
non-motorized boat rental and storage services. The Service may award
one temporary concession contract and by law, the term of temporary
concession conttact maybe one year. two years, or three years or any
com bl nation thereof, but not to exceed 3 years.
The National Capital Region (NCR) Issues this REQUEST FOR
QUALIFICATIONS (RFQ) to determine if an Interested operator is
qualified to provide non-motorlZtld boat rental and storage services as
described in the drafl Temporary Concession Contract, including all
Exhibits, that accompanies this RFQ. The Service Is Issuing this RFQ to
obtain Information ebout the experience and financial capability of entitles
seeking to provide the non.motorized boat rental and storage services .
While responses do not consti tute offers , the Service plans to rely, In part,
on the information provided as a bes ls for selecting the temporary
concessioner. The prospectus and a synopsis of the business
opportunity will be available on the National Park Service Concessions
website at:
...,., _,_ nr-- . 1 . ... l o - _ ,...,,..."""''',_ ,.., .... --
Ups://www.fbo.gov/index?s=opportvnity&rrocle=f orm&ld=814674248il39f a559852b4633d959509&ta ..
GENt;Rl\L INF0KMA110N
Notice Type :
Special Notice
Posted Date:
January 18. 2013
Response Date;
Archiving Polley:
Autormtlc, on specified date
Archive Date:
Original Sot Asi de :
t-VA
Sot Ail ldo :
t-VA
Classlflcatlon Codo:
M Operetion oi Govornrrent-
ow ned facilities
1/2
ER004 12 Federal Businoss Opportunili(!s: Oppor .. .
1 n1s Kr- u ooes not cons mute a 1 rvK \ Kt-t"' J, nor
does thi s RFQ constitute an offor, either expressed or implied.
Additional Info:
Click here to SAA more inforrnntion opportunityoo fedConnecl
Contracting Office Address:
1100 Ohio Drive, SW Room 236WashingtonDC20242USA
Point of Contact(s ):
Doputv /\ssor.iete Rogjooal Director
Return To Opportunities Ll:it 11 Watch Thi:! Opportunity
Add Me To Interested
ror I lf!lp: Federal Smyk;P. l)P.sk Acs;!)SSlhlllty
Ups ://w w w .f bo.gov/lndex?s=opportunlty&rrode=f orm&ld,,,81467 42484391 a559852b4633d959509&ta ...
212
U'14Re: Boarded Buildings on M StreGI Georgetown and Potomac Bo ...
Re: Boarded Buildings on M Street Georgetown and Potomac Boat Club
Whitesell, Steve <steve_whitesell@nps.goV> Fri, Jan 18, 2013 at 1:32 PM
To: "May, Peter" <peter_may@nps.goV>
Cc: "Brandt, Ke\1n" <kevln_brandt@nps.goV>, Tara Morrison <tara_morrison@nps.goV>, Lisa_ Mendelson-ielmlni
<Lisa_Mendelson-ielmini@nps.goV>, Tammy Stidham <Tammy_Stidham@nps.goV>, Douglas Jacobs
< Doug_Jacobs@nps. goV>
Tammy's map was exceptionally helpful in putting some of the pieces together. I think we would all benefit from
a meeting, perhaps to include an on site, where we discuss all the issues. The bottom line here seems to me to
be that the NPS doesn't fully control things that it should be controlling. If we haven't done a property suMy and
title search, we should. There shouldn't be so many unanswered questions about jurisdiction. And the place sure
as heck should look better than it does. I can see how Simkin could get away with what he has because the
whole place is kind of lawless. No doubt the NMBHZ Study is part of the solution, but it only helps frame who
goes where. I want to be sure how we will take ownership/control and how we will provide order to the Wild
West. Once again this begs for a good conceptual designer.
So between the two parks and LPD, please get a .meeting set up.
Thanks
On Fri, Jan 18, 2013 at 10:18 AM, May, Peter <peter_may@nps.goV> wrote:
Steve,
Kevin correctly related much of the story of that area, and I can contribute a bit more.
First. the PBC is privately owned and operated, and they are using an archway of the aqueduct for storage. For
the first 4.5 years of my tenure I was under the impression that the aqueduct was actually owned by DC,
based on what I was told by my predecessor and what we show on the A-map (it shows as a street ROW,
which makes some sense because It was a vehicular bridge for some time). This belief was recently called into
question by some NPS staff research (I think it was Ben Helwig and Kevin's staff) which indicated that the land
is in NPS jurisdiction. It is something that needs to be figured out defi nitiw ly, but it is not an urgent
issue. Parking In that area is a mess, and it is not clear where Water Street ends and the property lines begin.
Also the PBC has asked in the past about using the Jack's site for parking in the off-season. I recall referring
them to Adrienne Coleman a few years ago and I think it went nowhere.
Second, the other buildings on K Street I Water Street are on the north side of the street and are in the
following ownership:
A nondescript one-story building partially under the arch of the Key Bridge currently controll ed by
DDOT as a result of an agreement with DC, although that may just be a handshake agreement. It may
be our jurisdiction. but a few years ago NPS DDOT the OK to re-roof it and use it. I do not know if
they actually are.
A two-story bui lding immediately to the east of the bridge - a former pumping facility currently in NPS
jurisdiction and, I believe, used by ROCR as offices (Mike McMahon, I think?) and their Georgetown
Waterfront Park presence. Tara can confirm. By the way, the building is not attracti-...e and there is
a sign on the front indicating govt parking.
A two-story building immediately to the east of, and connected by party wall, to the ROCR office - this
building is privatekly held, but was leased to GSA for a couple of decades. They used it as office space
to support the West Heating Plant, and I believe it is now vacant. I believe there is signage indicating
113
M(l\I - ke: Boarded Buildings on M Street Georgetown and Potomac Bo ...
GSA or government use. We have looked into the prospect of this being used for boathouse support
facilities at various times in the past, and it may be worth pursuing in the future (or having the
uni'versities pursue it).
Tammy, Doug, or Tara may have further relevant info.
Peter
Peter May
1100 Ohio Drive SW, Washington. DC 20242
(202) 619 7025
peter_may@nps.gov
On Fri, Jan 18, 2013 at 9:49 AM, Brandt, Kevin <kevin_brandt@nps.gov> wrote:
Good Morning Steve,
You're being quite bene\.Qlent in your description of the area between the end of the Georgetown Waterfront
Park and the Washington Canoe Club. While most (if not all ) of this land is outside the boundary of the
Canal I drive/walk/bike through this area with some frequency. Tara and Peter can give you an accurate
read on who owns what in this area - there are structures/lands owned by NPS, some by GSA, some by DC
and others privately owned.
In my tenure here I have tried, unsuccessfully. to improve the function and appearance of the entrance
to the Capital Crescent Trail. This is a highly complex area. The aqueduct itself has been sometimes
owned by NPS (CHOH) and sometimes owned by DC depending on who is interpreting the tract maps.
think the most recent opinion is that NPS owns it.
To my knowledge the PBC is privately owned (both land and building). They do not have. to
my knowledge, authorization to use the areas under the arches of the aqueduct for storage. Because of the
confusion over who owns t hat land CHOH has never pushed for either removal of the storage or a SUP to
validate it. Peter's predecessor was very engaged wi th issues related to this area and often did not keep us
well informed of his wheelings and dealings. Additionally, USPP were not anxious to have another area for
the local population to take up residence.
As we focus more attention on boathouses In thi s area and the upcoming stormwater tunnel issue we can
also look at the broader scope of issues and opportunities to improwi the overall function and appearance.
Kevin
Superintendent
Chesapeake & Ohio Canal National Histori cal Park
301-714-2201
On Fri, Jan 18, 2013 at 8:12 AM. Whitesell , Steve <ste-..e_whitesell @nps.gov> wrote:
Folks
When I talked to Tim Aiken of Congressman Moran's office earlier in the week, he noted there were a
couple of bui ldings on M Street at roughly the intersection with the Key Bridge. He thought they had US
Government property signs on them. I was out there yesterday looking, but saw nothing that sounded like
what he was describing. Anybody have any ideas/insight?
Second, I set eyes on Jack's for the first time (I wasn't impressed nor can I see the hundreds of thousands
ttps; II m ail.google. com/ mail/bl 152/u/O/?ul=2&1k ;;f 534 766664&v iew=pt&cat "Jack's Boathouse&s oarc h= ... 213
Mall - Re: Bo3rded Buildings on M Street Georgetown and Potomac Bo ...
in alleged inl.stment), but I also saw the Potomac Boat Club. What is their story?? Do we own the
land? building? Is it on some sort of agreement? Also, is there assigned parking here? There were cars
all O\oer the place and It generally looked pretty dishe\led.
ltps://mail.google.com/mall/b/152/u/O/?ui=2&ik r 534 768664&v iew=pt&cat=Jack' s Boathouse&semch= . .. 3/3
lHE INTERIOR Mail Re: NMBZ study notice to the public
Re: NMBZ study notice to the public
Whitesell , Steve <st eve_whitesell@nps.goV>
Sounds fine. Wai t until 4 pm to send out.
On Fri. Jan 18, 2013 at 11 :24 AM, May, Peter <peter_may@nps.goV> wrote:
Fri, Jan 18, 2013 at 12:28 PM
Pursuant to our previous discussions we want to send our the following notice to the NMBZ email list. Please
revi ew/edit and let us know if you think we can send it (and when?). Obviously we would like to send ASAP.
Thanks.
Peter
On December 21, 2012, the National Park Service (NPS) sent out a message that annmmced a mid-
January release of the Feasibility Study to Implement a Non-motorized Boathouse Zone in Georgetown
followed by a public meeting sometime in mid to late Febrnary. However, recent events in study area
related to Jack's Boathouse have necessitated a delay in the release of the study. The NPS is working to
resolve the situation at Jack's Boathouse and release the NMBZ study as soon as possible. We will send
out a fi.uther notice once the date of the study' s release has been set.
As previously annollllced, the NPS will host a public meeting after the study has been released, and will
collect public comments to append to the study. We look forward to yotrr continued paiticipation and
interest in the study. For fi.uther information please feel free to contact me: Tammy Stidham, National
Capital Region, at (202) 619-7474 or tmnrny_stidham@nps.gov.
Peter May
National Park Servi ce - National Capital Region
(202) 619 7025
peter_may@nps.gov
lips ://mail.googla.com/ml!illb/152lu/Ol?ul =2&ik=f 534 768664&v iew=pt&cat Jack 's Boathouse&searc11s ... 111
Re: Fwd: Jack's Boathouse
To: Tara Morrison <tara_morrison@nps.goV>
Great and good luck. Call if there are questions.
On Fri, Jan 18, 2013 at 11 :46 AM, Tara Morrison <tara_morrison@nps.goV> wrote:
Just schedul ed the rntg for 2PM at Klingle.
From: Lisa Mendelson-Ielmini [mailto:lisa_mendelson-ielmini @nps.gov]
Sent: Friday, January 18, 2013 08: 24 AM
To: Peter May <peter_may@nps.gov>; Chris Powell <Chris_Powell@nps.gov>
Fri, Jan 18, 2013 at 12:26 PM
Cc: Doug Jacobs <Doug_Jacobs@nps.gov>; Tara Morrison <tara_morrison@nps.gov>; Steve Lebel
<steve_l ebel @nps.gov>; Jennifer Mummart <jennifer_mummart@nps.gov>; Steve Whitesell
<steve_whitesell@nps.gov>
Subject: Fwd: Jack's Boathouse
Looping in Peter and Chris P. since they have roles In going forward.
We are cleared to release.
Plan is for Tara to reach to Mr Simkin when she's out of her c"urrent meeting requesting to meet whim early
. afternoon today.
We will alert you once done and prmAde all docs for your use.
Questions? Pis let us know.
Thanks so much, lisa
202-297-1338 cell
202-619-7023 office
From: "Waldron, Suzanne" <sue_waldron@nps.goV>
Date: January 18, 2013 9:31 :18 AM EST .
To: "Androff, Blake" <blake_androff@ios.doi.goV>, Jennifer Mummart
129/1<0EPARTMENT OF THE INTERIOR Mail - Re: f wd: Jack's Boathouse
<jennifer_Mummart@nps.gov>, Lisa Mendelson <lisa_mendelson-ielmini@nps.gov>, Steve
Whitesell <Sleve_Whitesell @nps.gov>, Tara Morrison <tara_morrison@nps.gov>
Cc: Kate Kelly <Kate_Kelly@ios.doi.gov>, David Barna <David_Barna@nps.gov>, Maureen
Foster <Maureon_Foster@nps.gov>, "Peggy O'Dell'' <Peggy_O'Dell@nps.gov>, Chris Powell
<Chri s_Powell @nps.gov>, Bruce Sheaffer <Bruce_Sheaffer@nps.gov>, Laura Davis
<Laura_Davis@ios.doi.gov>
Subject: Re: Jack's Boathouse
On Thu, Jan 17, 2013 at 7: 15 PM, Waldron, Suzanne <sue_waldron@nps.gov> wrote:
Simkin
checking in on this - Jon just asked when we were going out wi t h it
Sue Waldron
(202) 2 8 ~ 3 4 6
Vi sit us al www.nps.gov
The National Park Service cares for special places saved by t he American people so that all may
ttps:/lmail .google. com/mail/b/152/u/O/?ul=7.&ik=f 634 768664&v lew.=pt&cat Jack's Boathouse&search= ...
2/2
129/1<0EPAR'1MENT OF THE INTERIOR Mall - Re: Fwd: Jack's Boalhouso
Morrison, Tara <tara_morrison@nps.gov> Fri, Jan 18; 2013 at 12:26 PM
Cc: Steve Whitesell <Steve_Whitesell@nps.gov>, Lisa Mendelson <lisa_mendelson-ielmini@nps.gov>, Steve LeBel
<steve_lebel@nps.gov>
Thanks. Spoke to Chris P and Steve L.
Chris will make the 3 calls without me starting at 1 :30 pm and Steve L will plan to arrive just before 2pm.
I .told Chris that the final package will come from Lisa.
Tara
On Fri , Jan 18, 2013 at 12:04 PM, Mummart, Jennifer <j ennifer_mummart@nps.gov> wrote:
FYI - from Sue. About timing.
Jennifer Mummart
(202) 6197174
www.nps.gov
our heritage.
--- Forwarded message - --
. From: Waldron, Suzanne <sue_waldron@nps.gov>
Subject: Re: Fwd: Jack's Boathouse
To: "Mummart, Jennifer" <jennifer_mummart@nps.gov>, Chris Powell <Chris_Powell@nps.gov>, Dal/id Barna
<David_Barna@nps.gov>, Blake Androff <Blake_Androff@l os.doi.gov>, Kate Kelly <Kate_Kelly@ios.doi.gov>,
Maureen Foster <Maureen_Foster@nps.gov>, Peggy O'Dell <Peggy_O'Dell@nps.gov>, Jon Jarvi s
<Jon_Jarvis@nps.gov>, Bruce Sheaffer <Bruce_Sheaffer@nps.gov>, Jennifer Madella
<jennifer_madello@nps.gov>
Jennifer: great - so that would mean congressional notifications going out at 1 :30 .. . and the rfq getting up and
available at 2 and the button pushed to send release at 2 - correct?
can you send o..er the final/clean version of the release and a scan of the signed letter?
adding others for awareness ...
t tps: //mail. googlo. com/ m ail/b/ 152/u/O/?ul=2&1k =t 534 768664&v lew=pt&c at =Jack's Boa thous e&s e11rc h= .. . 1/4
12911-0EPAR I MENT OF THE INTERIOR Mail - Re: Fwd: Jack's Boathouse
Jennifer Madello: Bruce needed to make contact with approps on this, will you be picking that up since he's
out today or are you out there monitoring your emial mr sheaffer??
On Fri , Jan 18, 2013 at 11:51 AM, Mummart, Jennifer <jenni fer_mummart@nps.goV> wrote:
Meeting with Simkin is scheduled for 2 pm today.
Jennifer Mummart
(202) 619-7174
www.nps.gov
our heritage.
On Fri , Jan 18, 2013 at 11 :46 AM, Tara Morrison <tara_morrison@nps.goV> wrote:
Just schedul ed the mtg for 2PM at Klingle.
A'om: Lisa Mendelson-Ielmini [mailto:lisa_mendelson-lelmini @nps.gov)
<steve_lebel@nps.gov>; Jennifer Mumma rt <jennlfer _mummart@nps.gov>; Steve Whitesell
<steve_whitesell @nps.gov>
Looping in Peter and Chris P. since they roles in going forward.
Plan is for Tara to reach to Mr Simkin when she's out of her current meeting requesting to meet w him
earl y afternoon today.
We will alert you once done and provide all docs for your use.
Thanks so much, Ilsa
Lisa A AICP
202"297-1338 cel l
202-619-7023 office
ll ps :/Im all. google. com/ mail/bl 162/u/O/?ui=2&ik =I 534 768664& v iew=pt&cat Jack's Boat house&searc h= ... 2/ 4
12911-0EPAR f'MeNT OF THE INTERIOR Mail - Ro: Fwd: Jack's Boathouso
From: "Waldron, Suzanne" <sue_waldron@nps.gov>
To: "Androff, Blake" <blake_androff@ios.doi.gov>, Jennifer Mummart
Whitesell <Ste\.19_Whitesell@nps.gov>, Tara Morrison <tara_morrison@nps.gov>
Cc: Kate Kelly <Kate_l<elly@ios.doi.gov>, Daliid Barna <David_Barna@nps.gov>, Maureen
Foster <Maureen_Foster@nps.gov>, "Peggy O'Dell" <Peggy_O'Dell@nps.gov>, Chris
Powell <Chris_Powell@nps. gov>, Bruce Sheaffer <Bruce_Sheaffer@nps.gov>, Laura Daliis
< Laura_Daliis@ios. doi . gov>
On Thu, Jan 17, 2013 at 7: 15 PM, Waldron, Suzanne <sue_waldron@nps.gov> wrote:
Simkin
checking in on this - Jon j ust asked when we were going out with It
Sue Waldron
(202) 208-3046
Sue Waldron
National Park Serliice
(202) 208-3046
Visi t us at www.nps.gov
The National Park Serliice cares for special places saved by the American people so that all may experience
our heritage.
l tps: 11 mall. google. com/ m ail/b/ 152/u/0/?ui=2&1k " ' 534 766664&v iew=pt&cat =Jack's Boathouse&search= ... 3/4
129/1<0EPAR 1'MENT OF THE INTERIOR Mall Re: Fwd: Jack's Boathouse
Tara D. Morrison
Superintendent
Roc;k Creek Park
202-8956004
ttps://mail.google.com/malllb/152/u/O/?ui=2&iKllf 534 768664&v iew=pt&cat=Jack's Boathouse&search= ... 414
129/'QEPARTMeNT OF THE INTERIOR Mail - Fwd: Fwd: Jack's B03tl10US8
Fwd: Fwd: Jack's Boathouse
Mummart, Jennifer <jennifer_mummart@nps.goV> Fri , Jan 18, 2013 at 12:04 PM
To: Steve Whitesell <Ste-..e_Whitesell@nps.goV>, Lisa Mendelson <lisa_mendelson-ielminl@nps.goV>, Ste-..e LeBel
<st eve_lebel@nps .goV>. Tara Morrison <tara_morrison@nps.goV>
FYI - from Sue. About timing.
Jennifer Mummart
(acti ng) Associate Regional Director for Communications
(202) 619-7174
www. nps.gov
heritage.
---Forwarded message ---
From: Waldron, Suzanne <sue_waldron@nps.goV>
Date: Fri , Jan 18, 2013 at 12:01 PM
Subject: Re: Fwd: Jack's Boathouse
To: "Mummart, Jennifer" <jenni fer_mummart@nps.goV>, Chri s Powell <Chris_Powell@nps. goV>, Da\Ad Barna
<David_Barna@nps.goV>, Blake Androff <Blake_Androff@ios.doi.goV>, Kate Kelly <Kate_Kell y@ios.doi.gov>,
Maureen Foster <Maureen_Foster@nps.goV>, Peggy O'Dell <Peggy_O'Dell@nps.goV>, Jon Jarvis
<Jon_Jar\As@nps.gov>, Bruce Sheaffer <Bruce_Shearrer@nps.goV>, Jennifer Madella
<jennifer_madello@nps.gov>
Jennifer: great - so that would mean congressional notifications going out at 1 :30 .. . and the rfq getting up and
available at 2 and the button pushed to send release at 2 - correct?
can you send over the final/clean version of the release and a scan of the signed letter?
adding others for awareness ...
Jennifer Madella: Bruce needed to make contact with approps on thi s, will you be picking that up since he's out
today or are you out there monitoring your emial mr sheaffer??
On Fri, Jan 18, 2013 at 11:51 AM, Mummart, Jennifer <jennifer_mummart @nps.goV> wrote:
Meeting with Simkin is scheduled for 2 pm today.
lips:// mall ,googla. com/ m alVb/ 152/u/O/?ui=2&1kllf 534 768664&v lew;;pt&cat =Jack's Bo!!t house&s o::irch= ... 1/3
OF THE INTERIOR Mail Fwd: FWd: Jack's Bo(l thouse
Jennifer Mummart
National Park Ser\lice
(202) 619-7174
www.nps.gov
The National Park Ser.Ace cares for special places saved by the American people so that all may experience
our heritage.
On Fri, Jan 18, 2013 at 11 :46 AM, Tara Morrison <tara_morri son@nps.gov> wrote:
Just scheduled the mtg for 2PM at Klingle.
From: Lisa Mendelson-Ielmlni [mailto: lisa_mendelson-ielmini@nps.gov]
Sent : Friday, January 18, 2013 08:24 AM
<steve_lebel @nps.gov>; Jennifer Mummart <j ennifer_mumrnart@nps.gov>; Steve Whitesell
Looping in Peter and Chris P. since they have roles in going forward.
Plan is for Tara to reach to Mr Simkin when she's out of her current meeting requesting to meet w him early
afternoon today.
National Park Ser\lice
202-297 -1338 cell
202-619 7023 office
From: "Waldron, Suzanne" <sue_waldron@nps. gov>
To: ''Androff, Blake" <blake_androff@ios. doi.goV>, Jennifer Mummart
ttps://mail.googlil. com/mall/bi 152/u/Oi?ul s2&ik=r 534 766664&v lew=pt&cat =Jack's Bo<1thouse&soarch= .. . 2/3
129/00:PARTMENT OF THE INTERIOR Mall - Fwd: Fwd: Jack's Boathouse
Whitesell <Steve_Whitesell@nps.gov>, Tara Morrison <tara_morrison@nps.gov>
Cc: Kate Kelly <Kate_Kelly@ios.doi.gov>, David Barna <David_Barna@nps.gov>, Maureen
Foster <Maureen_Fos ter@nps.gov>, "Peggy O'Dell" <Peggy_O'Dell@nps.gov>, Chris Powell
<Chris_Powell@nps.gov>, Bruce Sheaffer <Bruce_Sheaffer@nps.gov>, Laura Davis
<Laura_Davis@ios.doi.gov>
On Thu, Jan 17, 2013 at 7:15 PM, Waldron, Suzanne <sue_waldron@nps.gov> wrote:
Simkin
checking in on this - Jon just asked when we were going out with it
Sue Waldron
Assistant Director, Communi cations
National Park Sef\Ace
(202) 208-3046
Visi t us at www. nps.gov
Sue Waldron
(202) 208-3046
heritage.
ttps ://mail.google.com/maillb/1521u/O/?ui=2&1k=f 534 768664&v lew=pt&cat =Jack's Boathouse&search= ... 313
129/1-0EPARTMENT OF THE INTERIOR Mail Re: Fwd: Jack's Boathouse
Tara Morrison <tara_morrison@nps.goV> Fri, Jan 18, 2013 at 11:46 AM
To: Lisa_Mendelson-lelmini@nps.gov, peter_may@nps.gov, Chris_Powell@nps.gov
Cc: Doug_Jacobs@nps.gov, S te'-'0 _ LeBel@nps.gov, jennifer _ mummart@nps.gov, ste\ _ whitesell@nps.gov
Just schedul ed the mtg for 2PM at Klingle.
To: Peter May <petcr_may@nps.gov>; Chris Powell <Chris_Powell@nps.gov>
Cc: Doug Jacobs <Doug_Jacobs@nps. gov>; Tara Morrison <tara_morrison@nps.gov>; Steve Lebel
<steve_lebel@nps.gov>; Jennifer Mummart <jennifer_mummart@nps.gov>; Steve Whitesell
Looping In Peter and Chris P. since they ha\ roles in going forward.
Plan is for Tara to reach to Mr Simkin when she's out of her current meeting requesting to meet w him early
afternoon today.
202ft297-1338 cell
202-619-7023 office
From: "Waldron, Suzanne" <sue_waldron@nps.goV>
To: "Androff, Blake" <blake_androff@ios.doi.goV>, Jennifer Mummart
<jennifer _Mum mart@nps. goV>, Lis a Mendelson < lisa_rnendelson-iel mi ni@nps. goV>, Ste\
Whitesell <Ste'-'0_Whitesell@nps.goV>, Tara Morrison <tara_morrison@nps. goV>
I lps :// mail. google. com/ m all/b/ 152/u/0/?ul=2& lk sf 534 768664&v icWl'pt &cal =Jack s Boat housa&search" .. 112
129/1-0EP/\RTMENT OF THE INTERIOR Mail - Ro: Fwd: Jack's Boathouse
Cc: Kate Kelly <Kate_Kelly@ios.doi.gov.>, David Barna <David_Barna@nps.gov.>, Maureen Foster
<Maureen_Foster@nps.gov.>, "Peggy O'Dell" <Peggy_O'Dell@nps.gov.>, Chris Powell
<Chris_Powell @nps.gov.>, Bruce Sheaffer <Bruce_Sheaffer@nps.gov.>, Laura Da\As
<Laura_Davis@ios.doi.gov.>
On Thu, Jan 17. 2013 at 7:15 PM, Waldron, Suzanne <sue_waldron@nps.gov.> wrote:
Simkin
checking in on this - Jon just asked when we were going out with it
Sue Waldron
(202) 208-3046
The National Park Service cares for special places sa\.ed by the American people so that all may
IGllJ! Nail - Final documents attached - speak now or f orever hold your pcnl
Final documents attached - speak now or forever hold your pen!
Mummart, Jennifer <jennifer_mummart@nps. gov.> Fri, Jan 18, 2013 at 9:47 AM
To: Lisa Mendelson <lisa_mendelson-ielmini@nps.gov.>, St eve Whi tesell <Ste1,,0_Whitesell@nps.gov.>, Tara Morrison
<tara_morri son@nps. gov.>, Steve LeBel <steve_lebel@nps.gov.>
Biggest change is the addition of the line that says that rent was rai sed to $350 per month in 1982 and remains
unchanged.
Jennifer Mummart
(202) 619-7174
www.nps.gov
The National Park Ser\1ce cares for special places saved by the American people so that all may experi ence our
heritage.
EXPERI ENCE YOUR AMERICA
3 attachments .
l@J 2013 01 18 Jacks Facts.docx
21K
2013 01 18 News Release Jacks.docx
SOK
2013 01 18 ROCR letter to Simkln.docx
22K
lt ps: II mall. google. com/mall/ b/ 152/u/O/?ui=2&ik =f 534 768664&v low=pt&c 11t ;;Jack's Boat ho us e&soarc h" . 1/ 1
Jack's Boathouse Facts - 2013-01-18
Current
We are committed to protecting park resources, providing access to outdoor recreation, and ensuring that the
nation is receiving fair compensation for commercial ventures inside national parks.
National Park Service Director Jon Jarvis has reviewed the issues and determined the next st eps to provide
conti nued non-motorized boat rental and storage services in the Georgetown area.
The National Park Service supports providing non-motorized boat rental and storage services at or near the
current location and is working to ensure cont inued access to the Potomac River for canoeists, kayakers and
paddle boarders.
The NPS has notified Paul Simkin, operator of Jack's Boathouse, that he will be allowed to continue his
operations until t he NPS awards a new temporary concession contract provided his operation meets National
Park Service st andards and laws regarding safety, health, and responsible stewardship for the natural
envi ronment.
The National Park Service will release a Request for Qualifications (RFQ), for non-motorized boat rental and
storage services at or near the location of the current operation. We wi ll evaluate all responses, including any
proposal from Mr. Simkin, fairly and consist ently t o determine which one best responds to the RFQ and meets
t he requirements of the t emporary concession contract.
From the responses t o t he RFQ, the NPS will determine to what ext ent a potential operator has the appropriate
experi ence and related background, the financial capacity to fulfill the terms and conditi ons of the temporary
concession contract, and the abilit y to protect, conserve, and preserve park resources.
A multidisciplinary NPS team with expertise in business management, park operat ions, and law will review the
proposals.
We will issue the RFQ on January 18, 2013, with a response deadline of February 6, 2013. We plan t o award the
new temporary concession contract by the end of February t o ensure that services are available for the
upcoming season.
If Mr. Simkin is awarded the t emporary concession contract, the transition should be relatively seamless. If a
different operator is select ed, Mr. Simkin would need t o remove all personal property (for example, rental and
stored equipment, the dock, and the shed).
Mr. Simkin will receive a minimum of 30 days' not ice that the current operation is being t erminated and
replaced with a concession operation (regardl ess of whether Mr. Simkin is the successful bidder).
Mr. Simkin has been provided a lett er that outl ines the RFQ steps t owards a temporary concession contract, and
informs him that if he submits a response hi s would be evaluated consist ent with all others.
A temporary concession contract is a short-term contract to provide commercial visitor services. The term of
the contract cannot exceed three years. During the term of the temporary contract, a longer term contract
prospectus is developed. The longer term contract has substantially more rigorous requirements that ensure a
fair return for the opportunity to operate a business within a National Park.
Background
The National Park Service owns the property on which Jack's Boathouse is located. The property is managed as
part of Rock Creek Park. Before becoming part of Rock Creek Park in 1999, the property was owned by the
Businesses that operate in national parks throughout the country, like Jack's Boathouse, usually operate under
concession contracts. The NPS has been working toward a concessions contract for the operations rather than
allow it to continue commercial operations under a lease.
Jack's Boathouse has operated on a month-to-month lease since 1973. In 1987, the lease with then Boathouse
owners, Jack and Norma Baxter, was donated to the National Park Foundation. Rent has been $350/month
since 1982. The land Jack's Boathouse sits on was transferred from the District of Col umbia to Rock Creek Park in
1999.
Because the NPS was unable to accept payment under conditions of the lease transfer, the NPS asked its not-
for-profit partner, the National Park Foundation, to operate as the lessor and accept payment and to disburse
collected funds to NPS for the construction of Georgetown Waterfront Park. In recent years, approximately
$4200 in lease payments has been received annually.
Jack Baxter passed away in 1999 at which time the business transferred to his son Frank Baxter, who operated
the business until his death in 2009. After Frank Baxter's death, the business began to be operated by Paul
Simkin who had become Frank's business partner.
The NPS initiated preliminary discussions with Paul Simkin about entering into a temporary concessions
contract. That contract would have been negoti ated non-competitively for up to a three-year term. At the end
of the temporary contract, the contract would be opened up for bid.
During this time it came to light that the lease under which Jack Baxter operated the Boathouse could not be
transferred without the approval of the lessor, the National Park Foundation. Neither the National Park
Foundation nor the National Park Service is aware of any documentation agreeing to the assignment of the
Boathouse lease to any party other than Jack and Norma Baxter. At that point, the National Park Service ceased
conversations with Mr. Simkin and instead began the process to open the opportunity for a temporary
concessions contract to all interested parties, consistent with National Park Service policy. The temporary
concessions contract would allow the operation of a boathouse at or near the current Jack's location beginning
next spring. Mr. Simkin was informed of the NPS plans.
The National Park Service has no comment about Mr. Sim kin's prosecution before the District of Columbia
Superior Court.
Release Date: January 18, 2013
Office of Communi cati ons
1100 Ohi o Drive, SW
202619-7222 phone
www.npS.JlOV
Contact: Jennifer Mummart, (202) 6197174, jennifer mummart@nps.gov
National Park Service Invites Proposals for Georgetown Boat Rental
Jack's Boathouse to operate in the interim
WASHINGTON - The National Park Service (NPS) today issued a Request for Qualifications (RFQ)
to operate a boat rental facility in Rock Creek Park along the Georgetown waterfront. The existing
operator, Jack' s Boathouse, will be allowed to compete for the contract and remain in place until the
contract has been awarded. The NPS is committed to protecting park resources and providing
access to outdoor recreation, and a concession contract will ensure that the nation receives fair
compensation for commercial ventures inside this national park.
This action follows up on a Christmas Eve commitment made by NPS Director Jonathan B. Jarvis to
review a plan that would have terminated Jack's Boathouse's month-to-month lease at the end of
January.
"The right thing to do is to get this boat rental operation under a competitively-awarded concession
contract, just as we do in other parks," said Jarvis. "Until that contract is in place, we do not need to
terminate the existing lease. We are committed to ensuring that visitors to the Georgetown
waterfront are able to wet a paddle and get out on the water, that the resources in our care are
protected, and that the American people get a fair return for the privilege of operating a business in a
national park. The concession contract will do that."
The current operator of Jack's Boathouse may respond to the RFQ. Details on the RFQ are at
FedBizOpps.gov. The deadline to respond is February 6, 2013. The NPS plans to award the
contract by the end of February to ensure that boat rental and storage services are in place for the
upcoming season.
Jack's Boathouse began operations on a month-to-month lease with the District of Columbia in
1973. In 1982 the monthly rent was raised to $350, which remains unchanged. In 1987, as part of
the negotiations for the donation of the land for inclusion in Rock Creek Park, the lease with then-
Boathouse owners, Jack and Norma Baxter, was donated to the National Park Foundation.
Jack Baxter passed away in 1999, and the business was run by hi s son Frank. When Frank died in
2009, the business was taken over by his business partner Paul Simkin. The NPS began working
with Mr. Simkin last year to convert the operation to a concession contract. starting with a non-
competitive, short-term agreement, but in the process discovered that the lease had never been
legally transferred to him, thus necessitating a competitive process to award a contract.
-NPS -
America's 398 national parks and work with communities across the nation to help preserve local
history and create close-to-home recreational opportunities. Learn more at www.nps.gov.
EXPERIENCE YOUR AM ERICA_
The National Park Service cares for special places saved by the Ameri, 1111 people so that all may experience our heritage.
3500 K Street, NW
Dear Mr. Simkin:
National Park Service Director Jonathan Jarvis asked the National Capital Region to withhold further
action concerning non-motorized boat rental and storage services in the Georgetown area until he had
t he opportunity to review the issues. That review ls now complete, and the decision has been made to
issue a new temporary concession cont ract for non-motorized boat rental and storage services, and to
allow you to continue your operations until such time as the contract is awarded, provided that your
occupancy comports with National Park Service standards with respect to health, safety, and responsible
stewardship for the natural environment. Accordingly, I am rescinding my letter to you of December 18,
2012. The National Park Foundation concurs with this acti on.
Today the National Park Service will release a Request for Qualifications (RFQ) for non-motorized boat
rental and storage services at or near t he location of the present operation. We will evaluate all
responsive proposals, including yours should you wish to submit one, in a fair and consistent fashion to
ascertain which best responds to t he RFQ and meets the requirements of the contract. The deadline to
respond is February 6, 2013.
Upon completion of the process for selection of the new operator, we will notify you and provide
information if necessary as to our requirements for the orderly transition from the current operation to
that of t he selected concessioner.
If you have any questions, please contact Deputy Associate Regional Director Steve Le Bel at (202) 619-
7072.
Sincerely,
Regional Director
Enclosure
Cc:
Re: Sue Waldron says we are ok to go.
Tara Morrison <t ara_morrison@nps.gov> Fri, Jan 18, 2013 at 9:39 AM
To: jennifer_mummart@nps.gov, Steve_Whitesell @nps.gov, Lisa_Mendelson-lelmini@nps.gov, Steve_LeBel@nps.gov
Ok. I just spoke w Li sa.
From: Mummart, Jennifer [mailto:jennifer_mummart@nps.gov]
To: Steve Whitesell <Steve_Whitesell @nps.gov>; Tara Morrison <tara_morrison@nps.gov>; Lisa Mendelson
<lisa_mendelson- icl minl@nps.gov>; Steve LeBel <steve_lebel@nps.gov>
Subject: Sue Waldron says we are ok to go.
Jennifer Mummart
(202) 619-7174
www.nps.gov
The National Park Service cares for special places sa-..ed by the American people so that all may experience our
heritage.
130114 DEPARTMENT OF THE INTERIOR Mail - Re: Jack's Boathouse
Waldron, Suzanne <sue_waldron@nps.goV> Fri, Jan 18, 2013 at 9:31 AM
To: "Androff, Blake" <blake_androff@ios .doi.goV>, Jennifer Mum mart <jennifer_Mummart@nps .goV> , Lisa Mendelson
<li sa_mendelson-ielmini@nps.goV>, Steve Whitesell <St e1.Ae_Whitesell @nps.goV>, Tara Morrison
<t ara_morrlson@nps. goV>
Cc: Kate Kelly <Kate_Kelly@ios.doi.goV>, David Barna <David_Barna@nps.goV>, Maureen Foster
<Maureen_Foster@nps.goV>, Peggy O'Dell <Peggy_O'Dell @nps.goV>, Chris Powell <Chris_Powell@nps.goV>,
Bruce Sheaffer <Bruce_Sheaffer@nps.goV>, Laura Davis <Laura_Da"1s@ios.doi.goV>
On Thu, Jan 17, 2013 at 7:15 PM. Waldron, Suzanne <sue_waldron@nps.goV> wrote:
Simkin
checking in on this Jon just asked when we were going out with it
Sue Waldron
(202) 208-3046
heritage.
lips :llmall.google,com/maillb/152/u/O/?ul"2&1k" f 534 768664&v lew=pt&cat " J[!ck's Boathouse&soaroh= ,
1/ 1
' II
Boarded Buildings on M Street Georgetown and potomac Boat Club
Whitesell, Steve <ste-...e_whitesell @nps.goV> Fri, Jan 18, 2013 at 8:12 AM
To: Kevin Brandl <Kevin_Brandt@nps.goV>, Tara Morrison <tara_morrison@nps.goV>, Lisa_ Mendelson-ielmini
<Lisa_Mendelson-ielmini@nps.goV>, Peter May <peter_may@nps.goV>
Folks
When i talked to Tim Aiken of Congressman Moran's office earli er in the week, he noted there were a couple of
buildings on M Street at roughly the intersection with the Key Bridge. He thought they had US Government
property signs on them. I was out there yesterday looking, but saw nothing that sounded like what he
was describing. Anybody have any ideas/insight?
Second, I set eyes on Jack's for the first time (I wasn't impressed nor can I see the hundreds of thousands in
alleged investment), but I also saw the Potomac Boat Club. Whal is their story?? Do we own the land?
building? Is it on some sort of agreement? Also, is there assigned parking here? There were cars all over the
place and it generally looked pretty dishewiled.
130/ 14 DEPARTMENT OF THE INTERIOR Moll Fwd: Jack's Boathouso
Fwd: Jack's Boathouse
Waldron, Suzanne <sue_waldron@nps.goV> Thu, Jan 17, 2013 at 7:16 PM
To: Kate Kelly <Kate_Kelly@ios.doi.goV>, Oav;d Barna <Dav;d_Barna@nps.goV>, Maureen Foster
<Maureen_Foster@nps.gov>, Peggy O'Dell <Peggy_O'Dell@nps.gov>, Chris Powell <Chris_Powell@nps.goV>,
Bruce Sheaffer <Bruce_Sheaffer@nps.gov>, Laura Dav;s <Laura_oav;s@ios.doi.goV>, Jennifer Mummart
<jennifer_Mummart@nps.gov>, Li sa Mendelson <lisa_mendelson-ielmini @nps.goV>, Steve Whitesell
<St eve_Whitesell@nps.gov>, Tara Morri son <tara_morri son@nps.gov>
and when I repli ed all and added folks - it removed the attachments so here we go again, with attachments!
From: Androff, Blake <blake_androff@ios.doi.gov>
Date: Thu, Jan 17, 2013 at 6:35 PM
To: "Waldron, Suzanne" <sue_waldron@nps.gov>
Cc: Kate Kelly <Kate_Kell y@ios.doi.gov>, Dav;d Barna <David_Barna@nps.gov>, Maureen Foster
<Maureen_Foster@nps.gov>, Peggy O'Dell <Peggy_O'Dell @nps.gov>, Chris Powell <Chris_Powell @nps.goV>,
Bruce Sheaffer <Bruce_Sheaffer@nps.goV>, Laura Dav;s <Laura_Davi s@ios.doi.gov.>
Attached are updated versions with a few edits from us. Laura has also rev;ewed these versions. Let us know if
this happens tomorrow or ends up bei ng held until next week.
Thanks!
Best,
Blake
On Thu, Jan 17, 2013 at 5:24 PM, Waldron, Suzanne <sue_waldron@nps.gov.> wrote:
Attached for your rev;ew Is a rev; sed press release, the letter to Mr. Simkin. and a fact sheet for internal O&A
use.
Blake/Kat e: Will you run this thru Laura (and anyone else up there that should see it) or do you want us to?
The region/park has the RFQ ready to go. It will be posted to Fed Biz Ops to be online when the release goes
out.
When thi s package is cleared, they will call Mr. Si mkin and set up a meeting to deliver the letter and talk thru
its contents. (belie'& that will be Tara and Steve LaBel.
At the time of the meeting, the release will be sent out to media.
At same time, outreach to City Councilman Jack Evans (v;a Peter May) and to Reps Norton & Moran, and
House Resources (v;a Chris Powell). Believe Bruce has had inquiries from approps as well.
ttps: //mall .9oogle.com/mail/b/ 152/u/O/?ul 2&1k=f 534 768664&v loW"pt&cat =Jack's BoathOuso&search= ... 1/3
130/14 DEPARTMENT OF THE INlERIOR Mail - FW<l: Jack's Boalhouse
Region will issue the release and handle media questions. Tara has this statement ready to go and will seM
as on-camera spokesperson, if appropriate:
Paddling the Potomac from the
Georgetown waterfront is a great
experience, and we' ll make sure
that people have continued
access to boat rentals and
. storage. The Request for
Qualifi cations that's p o s t ~ now
brings fairness and transparency
to the opportunity to offer these
services in Rock Creek Park and
ensures the park's care for future
paddlers.
s UQ Waldron
(202) 208-3046
The National Park Service cares for special places sa1ied by tile American people so that all may experience
our heritage.
Blake Androff
Deputy Director of Communications
Office: (202) 208-6416 I Ce II: (202) 725- 7435
Sue Waldron
(202) 208-3046
heritage.
3 attachments
l@:'.I 2013 01 16 DRAFT Jacks Facts ba.docx
Ups ://rnlilll.google. corn/rnaillb/152/u/O/?ul 2&1k=f 534 76B664&v law=pl&cal "Jack's Balilthouse&search= ... 2/3
130/ 14 DEPARTMENT OF THE INTERIOR Mail - Fwd: Jack's Boathouse
22K
I@.'.] 2013 01 16 ROCR letter to Simkin ba.docx
25K
2013 01 17 DRAFT News Release Jacks_sue ba.docx
53K
ttps: II mail. goo91e. com/mail/ b/ 152/ u/O/?ul=2&iK =I 634 768664&v lew=pt&c (lt FJ ack's Boat ho us e&search= ... 3/3
130/14 DEPARTMENT OF THE INTERIOR Mall - Re: Hold on 3wo f or
Re: Hold on 3wo for
Whitesell , Steve <steve_whitesell@nps.goV> Thu, Jan 17, 2013 at 7:29 AM
Cc: Lisa Mendelson <l isa_mendelson-ielrnini@nps.goV>, Tammy Stidham <Tammy_Stidham@nps.goV>
Peter
We understand the frust ration. We decided to hold the 3 week out report for the boathouse study until the Jack's
issue clears. We fear way t oo much confusion in the public's mind. At this point, the approach we have taken is
to wait until we know who the concession operator will be. That decision is likely sometime around the second
week of February. If Simkin is the successful bidder. we could release the study at that point. If not, we will
need to see how Simkin reacts through the press.
I know this is frustrating for you guys. The bottom line here is that we can't afford to have another public flair up
in that area. Too many boathouse issues that the public is simply not capable of separating. I think you should
feel comfortable telling your publics that this is our rationale and that we will release as soon as we can.
On Wed, Jan 16, 2013 at 5:34 PM, May, Peter <peter_may@nps.goV> wrote:
Is there yet another development causing further delay? We submitted with a rev;sion that says generically we
will rel ease in January and meet in February. If we think it will be many more weeks before it is released then
we need to say something more definitive to the folks who are calling Tammy about it every day.
Peter May
Associate Regional Director - Lands, Pl anning, and Design
(202) 619 7025
peter _may@nps.gov
On Wed, Jan 16, 2013 at 5:26 PM, <lisa_mendelson-ielmi ni@nps.goV> wrote:
Pis hold the Non motorized BH zone language until cleared, do not submit.
Questions? Steve or I can address.
Thx, Lisa
202-297-1338 cell
202-619-7023 office
ttps :l/rnall.google.com/mall/b/152/u/O/?ui=2&ik=I 534 768664&v iew=pt&cat J11ck's Boatt1ouse&search= .. . 1/2
- Latest version o( documents (just sending to NCR to(lm (or now)
Latest version of documents (just sending to NCR team for now)
Mummart, Jennifer <j ennifer_mummart@nps.gov> Wed. Jan 16, 2013 at 1: 15 PM
To: Tara Morrison <tara_morri son@nps.gov>, Steve Whitesell <Steve_Whitesell@nps.gmr.>, Steve LeBel
<steve_lebel@nps .golf.>, Lisa Mendelson
Attached are the revised versions of the letter, fact sheet and news release. based on our conversation this
morning.
Have not provided beyond this group.
Thanks,
Jennifer
Jennifer Mummart
(acti ng) Associate Regional Director for Communications
(202) 619-7174
www.nps.gov
heritage.
3 attachments
2013 01 16 DRAFT Jacks Facts.docx
22K
2013 01 16 DRAFT News Release Jacks.docx
50K
2013 0116 ROCR letter to Simkin.docx
23K
tips ://mall.google.com/mall/b/ 152/u/Ol?ul112&1k =f 5311768664&v low=pt&cat,,Jack's Boathouse&soarch= .. , 111
(b) (6)
(b) (5)
(b) (5)
(b) (5)
(b) (5)
3500 K Street, NW
Dear Mr. Simkin:
Park S.ervice Jonathan Jarvis asked the Region to withhold fu.rther
action concerning non-motorized boat rental and storage setv1cesl (n
Georgetown area until he had

the opportunity to review the issues. That review is now COnJP.I
1
e t he decision has been made to
I 'I II jl
issue a new concession. contrac.t for boat rw:iltal and storage.services, and to
allow you to continue your operations until such time contract 1s provided that your
occupancy comports with National Park Service st,yn'da ds with respect safety, and responsible
stewardship the natural
1
rescinding my 1e! te
1
o you of December 18,
2012. The National Park Foundation concurs with tli1s ion.
1
, j ll :1111
I' , 111,, .. ,, I 111 ,,
In the near future the National Park Se'q'.i1e w,1,1 release a for Qualifications for non-
motori zed boat rental and storage service
1
ato l)ear the qf the present operation. We will
all
one, in a fair and consistent

fashion to ascertain which to an<i ts the req
1
ements of the contract.
f 1
1
I I
1
1, . I II I f 1: I llli1 I . I .
Upon completion of thqJpfiocess for of operator, We
1
will notify you as to our
requirements for the orderlV ransitidn the operation to that of the selected concessioner.
If you have an- auestions, co
uty te Regional Director Steve Le Bel at (202) 619-

11 fl 111 I l I ll I ,, I ,_,, t\
7072. :111i111ll " '1111111i ' t 11111 hlll1111 ' '
II 1111i11 11111111
1111
111
I 1111,
111111%1

illi11111111I
Enclosure
Cc:
Bee:
_,,.,;"Is on Jack's
-
130ll111PARlME=NT OF THE INTERIOR Mall - Re: a t e ~ t materials on Jack's
Re: Latest materials on Jack's
Lisa MendelSQn-lelmini <lisa_mendelson-ielmini@nps.goV> Tue, Jan 15, 2013 at 6:04 PM
To: "Mummart, Jennifer'' <jennifer_mummart@nps.goV>
Cc: David Barna <David_Barna@nps.goV>, Suzanne Waldron <Sue_Waldron@nps.goV>, Steve Whitesell
<Steve_Whltesell@nps.goV>, Tara Morrison <tara_morrison@nps.goV>. Stew LeBel <stew_lebel@nps.goV>
I'm on the road so can't stop for long, but a point of clarification is that the lease was donated to npf. The 1973
lease by de to jack/norma as amended in 1982 was not transferred to nps. The transfer refers to transfer if
jurisdiction fir the land itself from de to nps in 1999.
202-297-1338 cell
202-619-7023 office
On Jan 15. 2013, at 5:39 PM, "Mummart, Jennifer" <jennifer_mummart@nps.goV> wrote:
Hello.
Attached are a revised news release and fact sheet with some details added and corrected in terms
of dates and deadlines. There are some outstanding procedural questions and content questions:
1) Did the lease really transfer at the same time as the land (1999), If so, that's the same year Jack
Baxter died.
2) What is the answer to who will make the decision on the contract awardee?
3) What are NPS rights/plans to monitor the operation to ensure compliance with applicable laws,
health/safety, etc, as outlined in the letter?
4) Who should do outreach to Council Member Jack Evans?
5) Will WASO post the news release and letter to NPS.gov (at the decided-upon time)?
6) Will WASO distribute the news release through Meltwater (with region doing supplemental
distribution to known interested outlets)?
7) Who should field general media calls (Barna or Mummart or Someone else?)
Thank you - Jennifer
Jennifer Mummart
ttps:/ /m ail.google. com/mall/b/ 1S2/u/O/?ul.,2&1k"'f 634 768664&v ieW=pt&cal =Jack's Boalhouse&search= ...
112
130/14 DEPARTMENT OF iHE INTERIOR Mail - Latost rnat erl::ils on Jack's
Latest materials on Jack's
Murnrnart, Jennifer <jennifer_mummart@nps.goV> Tue, Jan 15. 2013 at 5:39 PM
To: David Barna <David_Barna@nps.goV>, Suzanne Waldron <Sue_Waldron@nps.goV>. Lisa Mendelson
<lisa_mendelson-ielmini@nps.goV>, Steve Whitesell <Steve_Whitesell@nps.goV>, Tara Morrison
<tara_morrison@nps.goV>, Steve LeBel <steve_lebel@nps.goV>
Hello,
Attached are a revised news release and fact sheet with some details added and corrected in terms of dates and
deadlines. There are some outstanding procedural questions and content questions:
1) Did the lease really transfer at the same time as the land (1999), If so, that's the same year Jack Baxter died.
2) What is the answer to who will make the decision on the contract awardee?
3) What are NPS rights/plans to monitor the operation to ensure compliance with applicable laws. health/safety,
etc, as outlined in the lettei1
4) Who should do outreach to Council Member Jack Evans?
5) Will WASO post the news release and letter to NPS.gov (at the decided-upon time)?
6) Wi ll WASO distribute the news release through Meltwater (with region doing supplemental distribution to
known interested out lets)?
7) Who should field general media call s (Barna or Mummart or Someone else?)
Thank you - Jennifer
Jennifer Mummart
(202) 619-7174
www.nps.gov
The National Park Service cares for special places sa\.ed by the American people so that all may experience our
heritage.
2 attachments
2013 01 15 DRAFT Jacks Facts to WASO (1).docx
22K
2013 0115 DRAFT News Release Jacks.docx
ttps 1S21u/Ol?ui=2&ik=I534 766664&v lew=pt&cat =Jack's Boathouse&seareh= 112
E3Uil fERIOR Mall - Fwd: tenalive tlmeline for fOlease of nonmotorlzed RFQ
Fwd: tenative time line for release of nonmotorized RFQ
Lisa Mendelson-lelmini <lisa_mendelson-ielrni nl@nps.gov>
Mon, Jan 14. 201 3 at 8:29 PM
The background info didn't address recreation access, preservation, stewardship, and return. I'll look again in the
morning when we connect w Steve L. At this point I see no reason to enter into an email debate, unless you
want t hus wrapped tonite. I'm going back to briefing papers.
Lisa A Mendelson-lelrnini. AICP
Deputy Regional Di rector
National Park serv;ce
202-297-1338 cell
202-619-7023 office
From: Da\.id Barna <da\.id_bama@nps.gov>
Date: January 14, 2013 7:49:16 PM EST
To: Lisa Mendelson-ielmlni <Lisa_Mendelson-lelmini@nps.gov>, Jennifer Mummart
<Jennifer_Mummar1@nps.gov>, David Barna <David_Barna@nps.gov>, Jeff Olson
<Jeffrey_ Olson@nps.gov>
Subject: Fwd: tenative timeline for release of nonmotorized RFQ
Lisa, Jennifer
Heres what they are looking for
David
Da\.i d Barna
Chief Spokesman
National Park Serv; ce
Washington DC
From: Suzanne Waldron <sue_waldron@nps.gov>
Date: January 14, 201 3 7:45:36 PM EST
To: Blake_Androff@ios.doi. gov
Cc: Kate_Kelly@ios. doi.gov, David_Barna@nps.gov
Subject: Re: Fw: tenative timeline for rel ease of nonmotorized RFQ
ti ps ://m1111. google. com/mai l/bl 152/u/O/?uli2&ik =f 534 768664&v lew=pt&c at " Jee k s Boat ho us e&s safe h" ... 1/4
E:lDilft;;RIOR Mail Fwd: tenative limcllne for release of nonmotorirod RFQ
David can you tackle that tomorrow with ncr? Peggy and I get on a pl ane at
@7:30 tomorrow, be in on wednesday
From: Androff, Blake [mailto: blake_androff@ios.doi.gov)
Sent: Monday, January 14, 2013 07:40 PM
To: Suzanne Waldron <sue_waldron@nps.gov>
Cc: Kate P Kelly <Katc_Kelly@ios.doi.gov>; David Barna <David_Barna@nps.gov>
Subject: Re: Fw: tenative timeline for release of nonmotorized RFQ
Much closer to what I was thinking. I think some of the history is good, but I would
also add in some more language to address for the Georgetown readers "What does
this mean for me?" and talk about how NPS is committed to seeing that they h a ~
kayak options and that they are committed to no break in service in advance of the
upcoming season.
On Mon, Jan 14, 2013 at 7:32 PM, Suzanne Waldron <sue_waldron@nps.gov>
wrote:
Blake, to your question about beef ing up the j acks release, here's the draft I
did on friday
From: Waldron, Suzanne [mailto: sue_waldron@nps.gov]
Sent: Friday, January 11, 2013 07: 12 PM
To: Lisa Mendelson-Ielmini <lisa_mendelson-ielmini@nps.gov>; Maureen Foster
<Maureen_Foster@nps.gov>; Peggy O'Dell <Peggy_O' Dell @nps.gov>
Cc: Steve Whitesell <steve_whitesell@nps.gov>; Tara Morrison
<tara_morrison@nps.gov>i Steve LeBel <Steve_LeBel@nps.gov>; Jennifer
Mummart <Jennifer _Mummart@nps.gov>; David Barna <David_Barna@nps.gov>
Subject: Re: tenative timeline for release of nonmotorized RFQ
Ok, here's my take on the rel ease ... l'm a bit brain dead at 7 pm friday, so reserve
the right to sleep on it! Happy to discuss.
Also understand that DOI needs to weigh in and that they may h a ~ an entirely
different take, so I offer this as my best advice ... will be available on emai l and out
in san Francisco with Peggy on Monday, flying back tuesday so out of touch then.
Also attached is Jon's edit to the letter
On Fri , Jan 11, 2013 at 6:53 PM, Lisa Mendelson-lelmini <lisa_mendelson-
ielmini@nps.goV> wrote:
Thx Sue.
a ~ a good weekend and trip.
202-297-1338 cell
202-619-7023 office
Ups :/Im ail. google. com/mail/ b/ 152/1.1/0/?ui=2&1k llf 534 768664&v lcw-pt&cat =Jack' 5 Boat ho us o&s earch= ...
f30>!1i:RIOR Mall - Fwd: tenalive timeline for release of nonmotorlzed RFQ
On Jan 11, 2013, at 5:23 PM, "Waldron, Suzanne" <sue_waldron@nps.gm/.>
wrote:
Thanks Lisa ...
Talked to Jon and let hirn know where we were .. . he did not have
any objections to this laying over til earl y next week.
He did make an edit to the letter - will send that over when I send
comments on the release (to tweak it to be lead with the RFQ)/
On Fri, Jan 11 , 2013 at 5:00 PM, Mendelson, Lisa
<li sa_mendel son-ielmini@nps.gov> wrote:
UPDATE:
I spoke w. Steve LeBel via phone a few minutes ago and he ga1.e
me this schedule for release of the RFQ and letter - NOTE:
Sue Waldron, this is ONE day later than you and I discussed
earli er, but may provide the time needed for the reviews -
Monday Steve LeB is out on S/L w/ a Dr appt
Tuesday he can make the updates to the contract and RFQ
Wednesday he will work with Contracting to have it posted on
FedBiz Ops
Sue W I'll await your comments on the press release and will
get it back to David for Monday and his work w/ DOI.
Questions? Give me a holl er, my cell phone is working again.
Thanks all,
- Li sa
U.wi Me11rle/so11-le/111i11i, A.TCP
Deputy Regionnl Director
Nalional Park Service
202-619-7023 o fficc
202-297- l338 cell
Sue Waldron
(202) 208-3046
ttps ://mail.googlo.com/mail/b/ 152/u/O/?ul " 2&1k =r 534 768664&v lew=pt&cat =Jllck's Boathouse&search= ... 3/4
f.31)it 14:R10R fv'o<11I Fwd: tonallve timelino ror releaso of nonmotori20d RFQ
The National Park Service cares for special places saved by the
American people so that all may experi ence our heritage.
Sue Waldron
(202) 208-3046
The Nati onal Park Service cares for special places sa-.ed by the American people
so that all may experi ence our heritage.
Blake Aridroff
De puLy Di rector of Commun I cations
U.S. Depart ment of the Interior
Office: (202) 208-6416 I Cc II : (202) 725 7435
Ups://rnall.google. com/mall/b/152/u/O/?ul;;2&ik=I 53476B6B4&v lcw pt&cat =Jack's Boathouse&search= ..
BmOl:RIOR Mail Fwd: Maureen, suo , Quest ion about Jllck's Boat11ouse
Fwd: Maureen, sue . Question about Jack's Boathouse
Lisa Mendelson-lolmini <li sa_mendelson-ielmi ni@nps.goV>
To: Whitesell
FYI will loop you in w a cc once thi s takes off .....
Lisa A Mendelson-lelmlni , AICP
202-297-1338 cell
202-619-7023 office
From: David Barna <david_barna@nps.goV>
Mon, Jan 14, 2013 at 4:51 PM
To: Maureen Foster <Maureen_Foster@nps.goV>, Sue Waldron <Sue_Waldron@nps.goV>
Cc: David Barna <David_Barna@nps. goV>, Jennifer Mummart <Jennifer_Mummart@nps.goV>, Li sa
Mendelson-ielmini <Lisa_Mendelson-lelmlni@nps.goV>, Jeff Olson <Jeffrey_Olson@nps. goV>
Subj ect: Maureen, sue . Question about Jack's Boathouse
Earlier today Lisa M sent In a draft release and letter on Jacks
I forwarded to DOI Blake and Kate
No one has commented
All looked fine to me.
I just dont want anything to fall thru the crack or st alled because
someone is waiting for me to approve something
Who is t he final approval on these materials?
Who is putting out the release once its cleared? NCR or WASO or Rock Creek?
David
ttps://mall.google.comlma!Ub/152/u/O/?ul:12&1k=f534768664&view=pt&c(lt J11ck's Boathouse&search" 1/1
Re: Fwd: tenative time line for release of nonmotorized RFQ
Mumma rt, Jennifer <j ennifer_mummart@nps.goV>
Mon, Jan 14, 2013 at 8:47 AM
Actually, upon 4th reading, I am not sure that the headline I originally wrote is any more specific, but the lead
focused on the conversion from current t erms and conditions to a new concessions contract. In the re-write, you
don't learn that Jack's can bid on the RFQ until the 4th paragraph. I think it would be easy to think that Jack's it
"out" regardless. Anyway, probably not much to worry about until DOI gets their hands on it. Then we just need
to read very closely agai n for all these nuances.
Jennifer Mummart
National Park Sece
(202) 619-7174
www.nps .gov
The National Park Sece cares for special places saved by the American people so that all may experience our
heritage.
On Mon, Jan 14, 2013 at 8:39 AM, Steve Whitesell <sl eve_whitesell@nps.goV> wrote:
I see your concern. Perhaps "Jack's Remains Open"
From: Mummart, Jennifer [mailto:jennifer _mummart @nps.gov]
Sent : Monday, January 14, 2013 05:35 AM
To: Steve Whitesell <St eve_Whitesell @nps. gov>; Li sa Mendelson <lisa_mendelson-ielmini@nps.gov>
Subject : Fwd: tenative timeline for release of nonmotori zed RFQ
This comment may be moot after DOI weighs in, but I am concerned that some of the language (the headline,
for example), implies, incorrectly, that Jack's will not be the new operator. We need to communicate clearly
that there is not necessaril y going to be a new operator, but rather a new concessions contract.
I'd be interested in talking at some point about your thoughts on the total re-write.
Jennifer Mummart
(202) 619-7174
www.nps.gov
l!!Jll11R Mail Re: Fwd: tonallve timelino r or release or nonmotorizad RFQ
The National Park Service cares for special places sa-....ed by the American people so that all may experience
our heritage.
- -- Forwarded message - -
To: Lisa Mendelson-lelminl <lisa_mendelson-i elmini @nps.goV>, Maureen Foster <Maureen_Foster@nps.goV>,
Peggy O'Dell <Peggy_O'Dell @nps.goV>
Cc: Steve Whitesell <steve_whitesell @nps.goV>, Tara Morrison <tara_morrison@nps.goV>, Ste-....e LeBel
<Steve_LeBel@nps.goV>, Jennifer Mummart <Jenni fer_Mummart@nps.goV>, David Barna
<David_Barna@nps.goV>
Ok, here's my take on the release ... I'm a bit brain dead at 7 pm friday, so reserve the right to sleep on it!
Happy to discuss.
Also understand that DOI needs to weigh in and that they may have an entirely different take, so I offer this as
my best ad'vice ... will be available on email and out in san Francisco with Peggy on Monday, flying back
tuesday so out of touch then.
On Fri, Jan 11, 2013 at 6:53 PM, Lisa Mendelson-lelmini <li sa_mendelson-ielmini@nps.goV> wrote:
Thx Sue.
Have a good weekend and trip.
202-297-1338 cell
202-619-7023 office
On Jan 11, 2013, at 5:23 PM, "Waldron, Suzanne" <sue_waldron@nps.goV> wrote:
Thanks Lisa ...
Talked to Jon and let him know where we were .. . he did not have any objections to this laying
01.ier til early next week.
He did make an edit to the letter - will send that over when I send comments on the release (to
tweak it to be lead with the RFQ}/
On Fri , Jan 11, 2013 at 5:00 PM, Mendelson, Lisa <l isa_mcndelson-ielmini @nps .goV> wrote:
534 766664&v lew=pt&c;:it Jack's Bo;:ithouse&search= ... 214
lml1@R Mall Re: Fwd: tom1tlve timallne for release or nonmotorizod RFQ
UPDATE:
I spoke w. Ste've LeBel via phone a few minutes ago and he gave me this schedule for
release of the RFQ and letter - NOTE: Sue Waldron, this is ONE day later than you and I
discussed earlier, but may provide the time needed for the reviews -
Wednesday he wi ll work with Contracti ng to have it posted on FedBiz Ops
Sue W I'll await your comments on the press release and will get It back to David for
Monday and his work w/ DOI.
Questions? Gi've me a holler, my cell phone Is working again.
Thanks all ,
-Lisa
U .m Me11de/.wm-Je/111i1ti, AJCP
Deputy Regional Dircclor
202-(l 19-7023 n fficc
202-297- 1338 cell
Sue Waldron
(202) 208-3046
Visit us al www.nps.gov
The National Park Service cares for special places by the American people so that all
Sue Waldron
(202) 208-3046
Tue National Park Service cares for special places saved by the American people so that all may experience
our heritage.
ltps://mall.google.com/mell/b/ 152/u/O/?ul=2&ik =( 534768664&v iow-pt&cat=Jack's . . J/4
fl!R1@R Mail - Re: Fwd: l enatlve tlmellne for roloase of nonmotoriwd RFQ
Re: Fwd: tenative timeline for release of nonmotorized RFQ
Steve Whitesell <steve_whitesell @nps.goV>
To: jennifer_mummart@nps.gov
I see your concern. Perhaps "Jack's Remains Open"
From: Mummart, Jennifer [mailto:jennifer_mummart@nps.gov]
Sent: Monday, January 14, 2013 05:35 AM
Mon, Jan 14, 2013 at 8:39 AM
To: Steve Whitesell <Steve_Whitesell@nps.gov>; Lisa Mendelson <lisa_mendelson-ielmini@nps.gov>
Subject: Fwd: tenative timeline for release of nonmotorized RFQ
This comment may be moot after DOI weighs in, but I am concerned that some of the language (the headline, for
example), Implies, incorrectly, that Jack's will not be the new operator. We need to communicate clearly that
there is not necessarily going to be a new operator, but rather a new concessions contract.
I'd be interested in talking at some point about your thoughts on the total re-write.
Jennifer Mummart
(202) 619-7174
www.nps.gov
The National Park Service cares for special places sa\d by the American people so that all may experience our
heritage.
- --Forwarded message --
Date: Fri , Jan 11. 2013 at 7: 12 PM
Subject: Re: tenative tlmeline for release of nonmotorized RFQ
To: Lisa Mendelson-lelmini <lisa_mendelson-ielmini@nps.goV>, Maureen Foster <Maureen_Foster@nps.goV>,
Peggy O'Dell <Peggy_O'Dell@nps.goV>
Cc: Steve Whitesell <steve_whitesell@nps.goV>, Tara Morrison <tara_morrison@nps.goV>, Steve LeBel
<Ste'._LeBel@nps.goV>, Jennifer Mummart <Jennifer_Mummart@nps.goV>, David Barna
< David_Barna@nps. goV>
Ok, here's my take on the release ... l'm a bit brain dead at 7 pm friday, so reserw the right to sleep on it! Happy
to discuss.
my best ad'Yi ce .. . will be available on email and out in san Francisco with Peggy on Monday, flying back tuesday
s.o out of touch then.
lips:// mail. geog IG. com/mall/bl 152/u/OI ?ui=2&ik f 534 768664& v iew=pt&oal J 1;1ck 's Boal hous e&s earc h= ... 1/3
ll!!R1@R Mail - Re: Fwd: tonatlve timollne for release or norirnotorized RFQ
On Fri. Jan 11 , 2013 at 6:53 PM, Lisa Mendelson-lelmini <lisa_mendelson-ielmini@nps.gov> wrote:
Thx Sue.
National Park Set"\li ce
202-297 -1338 cell
202-619-7023 office
On Jan 11 , 2013, at 5:23 PM, "Waldron, Suzanne" <sue_waldron@nps.gov> wrote:
Thanks Lisa ...
Talked to Jon and let him know where we were .. . he did not have any objections to this laying
over til early next week.
tweak it to be lead with the RFQ)/
On Fri, Jan 11, 2013 at 5:00 PM, Mendelson, Lisa <lisa_mendelson-ielmini@nps.gov> wrote:
UPDATE:
I spoke w. Steve LeBel via phone a few minutes ago and he gave me this schedule for release
of the RFQ and letter - NOTE: Sue Waldron, this is ONE day later than you and I discussed
earl ier, but may provide the time needed for the reviews --
Monday Ste-...e LeB is out on S/L w/ a Dr appt
Wednesday he will work with Contracti ng to have it posted on FedBlz Ops
Sue W I'll await your comments on the press release and will get it back to Da\tid for Monday
and his work w/ DOI.
Questions? Gi-...e me a holler, my cell phone is working again.
Thanks all,
-Lisa
Lisa /11emlelso11-lel111i11i, A!CP
Deput y Regional Direclol'
National Pnrk Serv ice
ttps://mall ,googlo.com/mail/b/ 152/u/0/?vi=2&iksf S34768664&view=pt&cat=Jacl\'s Boatho11se&se11rch= ... 2/3
ll!IR11El>R Mail Re: Fwd: tonatlve timollne for release of nonmotorlzed RFQ
202-619-7023 o rficc
202-297- 1 i;cll
Sue Waldron
(202) 208-3046
The National Park Service cares for special places saved by the American people so that all may
experi ence our heritage.
Sue Waldron
(202) 208-3046
Visit us at www. nps.gov
The National Park Service cares for special places sa\d by the American peopl e so that all may experience our
heritage.
ttps://mall.googlo. com/mail/b/ 152/u/O/?ui=<2&1k=f 534 768664 &11 iowspt&cat Boathouse&search"' ... 3/ 3
f30.!11:RIOR Mail - Fwll: tonullv c tlmellne f or release of nonmolorizod RFQ
Fwd: tenative timeline for release of nonmotorized RFQ
Mummart, Jennifer <jennifer_mummart@nps. gov> Mon, Jan 14, 2013 at 8:35 AM
To: Steve Whitesell <Steve_Whitesell@nps. gov> , Lisa Mendelson <lisa_mendelson-ielmini@nps.gov>
This comment may be moot after DOI weighs in, but I am concerned that some of the language (the headli ne, for
example), implies, incorrectly, that Jack's will not be the new operator. We need to communicate clearly t hat
there is not necessari ly going to be a new operator, but rather a new concessions contract.
I'd be interested in talki ng at some point about your thoughts on the total re-write.
Jennifer Mummart
(202) 619-7174
WW'IN. nps. gov
heritage.
-- - Forwarded message ---
From: Waldron, Suzanne <sue_waldron@nps.gov>
Date: Fri, Jan 11, 201 3 at 7: 12 PM
To: Lisa Mendelson-lelmini <lisa_mendelson-ielmini@nps.gov>, Maureen Foster <Maureen_Foster@nps. gov>,
Peggy O'Dell <Peggy_O'Dell@nps.gov>
Cc: Ste\A9 Whitesell <steve_whilesell@nps.gov>, Tara Morrison <tara_morrison@nps. gov>, Ste\A9 LeBel
<Ste\._LeBol@nps.gov>, Jennifer Mummart <Jennifer_Mummart@nps.gov>, David Barna
Ok, here's my take on the release .. . l'm a bit brain dead at 7 pm friday, so reserve the right to sleep on it! Happy
to discuss.
Also understand that DOI needs to weigh in and that they may have an entirely different take, so I offer t his as
my best ad\!ice ... will be available on email and out In san Francisco with Peggy on Monday, fl ying back tuesday
so out of touch then.
On Fri, Jan 11, 2013 at 6:53 PM, Lisa Mendelson-lelmini <li sa_mendelson-ielmini@nps.gov> wrote:
Thx Sue.
ttps: //mall.google.coml malllb/ 152/u/ Ol?ul112&1k" f 534 768664&v iew=pl&cat J a c k s Boi;ithouse&search= .. . 1/ 3
Mail - Fwd: tonatlve t lmeline for raloaso of nonmotorized RFC
Ha...e a good weekend and trip.
202-297-1338 cell
202-619-7023 office
On Jan 11, 2013, at 5:23 PM, ;,Waldron, Suzanne" <sue_waldron@nps.goV> wrote:
Thanks Lisa .. .
Talked to Jon and let him know where we were .. . he did not have any obj ections to thi s layi ng
On Fri, Jan 11. 2013 at 5:00 PM, Mendelson, Lisa <lisa_mendelson-iel mini@nps.goV> wrote:
UPDATE:
I spoke w. Steve LeBel 'via phone a few minutes ago and he ga'v'9 me this schedule for release
of the RFQ and letter - NOTE: Sue Waldron. this is ONE day later than you and I discussed
earlier, but may pro'vide the ti me needed for the re'vi ews -
Monday Ste\A9 LeB is out on S/L w/ a Dr appt
Wednesday he wi ll work with Contracti ng to ha'v'9 It posted on FedBlz Ops
Sue W I'll await your comments on the press release and will get it back to David for Monday
Questions? Gi'v'9 me a holler, my cell phone is working again.
Thanks all,
-Lisa
Usa Memlelso11-lelmi11i, AJCP
Deput y Rcgionti l Director
Nationnl Park S1.:1v ice
202-619-7023 offiue
202-297- 1338 cell
ttps://m all .google. com/malllb/ 152/u/O/?ui=2&ik=f 534 768664&v iew=pl&cat =Jack's Boalhousc&soarch= .. . 2/3
Sue Waldron
(202) 208-3046
Visit us al www.nps.gov
The National Park Service cares for special places saved by the American peopl e so that all may
Sue Waldron
(202) 208-3046
The National Park Ser.1ce cares for special places saved by the American people so that all may experience our
heritage.
2 attachments
tID 2013 01 11 DRAFT News Release Jacks to WASO_sue.docx
16K
. 2013 01 11 ROCR letter to Simkin re Jacks Boat House Operation w SOL surname_w Jarvi s
I@ edit.docx
17K
130114 DEPARTMENT OF THE INTERIOR Mall Call Follow-up
Call Follow-up
Neil Mulholl and <nei l@nationalparks.org>
To: '' Steve Whitesell (Sl eve_Whitesell@nps.gov)" <Steve_Whitesell@nps.gov>
Cc: Angel Collins <angel@nationalparks.org>
Steve:
Mon, Jan 14, 2013 at 5:47 AM
I returned your call last week, and am available all day today if you still need l o speak with me.
Regards,
Nell
Neil Mulholl and
President & CEO
1201 Eye Street NW, Suite 550B
202.354.6464 direct
303.916. 1910 cell
11 Years Ago We Vowed Never To Forget.
$3.5 million is still needed to complete the Flight 93 National Memorial.
Don't let their sacrifi ce be forgotten, support the Fllght 93 National Memorial with a gift today.
ltps ://mall.google.com/mail/bl 152/u/O/?ul112&1k=f 534 768664&v loW"pt&cat=Jack 's Boathouse&search= ... 112
(b) (6)
(b) (6)
llillAUMENT OF THE INTERIOR Mall Why I signed - I haven't boon alllo
Why I signed -- I haven't been able

Dear Steve Whitesell , Regional Director (National Park serv;ce},
Sun, Jan 13, 2013at9:51 AM
I just signed Jesse B Rauch's petition "National Park Service: Sa1ie Jack's Boathouse from Closure!" on
Change.erg.
I haven't been able to participate at this boathouse, but was planning on it when the weather gets warmer.
-
http://www.change.org/petitions/national-park-seN ce-sa1ie-jack-s-boathouse-from-closure?response=
29a27107fe 70
Mailing address: Change.org. 216 West 104th Street. Suite #130, New York, NY 10025. USA
tlps://mall.googlQ. com/moll/b/152/u/O/?ul=2&1k =I 534 768664&v leW"pt&coit=Jack's BoathOuse&searcha ... 1/ 1
(b) (6)
(b) (6)
130/1llEPARTMENT OF THE INTERIOR - Why I signed -- I keep a boat
Why I signed -- I keep a boat
<mail @change.org>
Dear Steve Whitesell , Regional Direct or (National Park Servi ce),
Sat, Jan 12, 2013 at 11 :26AM
I just signed Jesse B Rauch's petition "Nati onal Park Servi ce: Save Jack's Boathouse from Closure!" on
Change.erg.
I keep a boat at Jack's.
Sincerel y,
Arlington, Virginia

29a27107fe70
Wiailing address: Change.org. 216 West 104th Street, Suite #130, New York, NY 10025. USA
llps://mail.google.com/mail/b/152/1.1/0/?ul=2&ik=f 634768664&v iow=pt&c&t =Jack's Boathouse&searchoo,,, 1/1
E!llm!RIOF. Mail - Ro: tcnatlve timelino for release or nonmotorl<ed RFC
Re: tenative time line for release of nonmotorized RFQ
Ames, Nancie <nancie_e_ames@nps.goV> Sat, Jan 12, 2013 at 1:01 AM
To: "Mendelson, Lisa" <lisa_mendelson-ielmini@nps.goV>
Cc: Ste\.e LeBel <Ste\.e_LeBel@nps.goV>, Ste1..e Whitesell <steve_whitesell@nps.goV>, Tracey Crockett
<tracey _ croc kett@nps. goV>
Lisa,
Tracey is scheduled to be in FBMS training in Herndon Monday-Wednesday next week, however both Rocky and
Keith should be in. I am copying Tracey on this message so she is aware of the situation. We will make it
happen.
Nancie
Nancie E. A mes
Associate Regional Director, Administration
1100 Ohio Street, SW
202.619.7200 (office)
202.573.5479 (cell)
202.619.7199 (fax)
nancie_e_ames@nps.gov
On Fri , Jan 11 . 2013 at 5:01 PM, Mendelson, Lisa <lisa_mondelson-ielmlnl@nps.goV> wrote:
Head's up -
Steve LeBel needs Tracy's help in getting a temporary concessions contract posted to FedBlz on Tues or
Weds - previously he was working w/ Rocky and Keith (I'm not sure if they are in next week or not) .. .
Thanks .. .
Li.wt Memfefso11-Jel111i11i, A I CP
National Park Sc1v icc
202-619-7023 onicc
202-297-1 338 cell
- -- Forwarded message ----
534 768664&v lew=pt&cat =Jack' s 6oalhouse&sc3rch= ... 112
From: Mendelson, Lisa <li sa_mendelson-ielmini@nps. goV>
Date: Fri , Jan 11, 2013 at 5:00 PM
Subject : tenati\.e t imeline for release of nonmotorized RFQ
To: Steve Whitesell <steve_whilesell @nps.goV>, Tara Morrison <tara_morrison@nps.goV>, Steve LeBel
<Steve_LeBel@nps.gov>, Jennifer Mummart <Jennifer_Mummart@nps.gov>, Sue Waldron
<Sue_Waldron@nps. gov>, David Barna <David_Barna@nps.gov>
UPDATE:
I spoke w. Steve LeBel via phone a few minutes ago and he ga\e me this schedule for release of the RFQ and
letter - NOTE: Sue Waldron, this is ONE day later than you and I discussed earlier, but may provide the time
needed for the reviews -
Monday Ste\ LeB is out on S/L w/ a Dr appt
Wednesday he will work with Contracting to have it posted on FedBiz Ops
Sue W I'll await your comments on the press rel ease and wi ll get it back to David for Monday and his work w/
DOI.
Questions? Gi\.e me a holler, my cell phone is working again.
Thanks all ,
-Lisa
Lisa Me11delsott-le/111i11i, AICP
Deputy Regiona l Director
Nationnl Pork Service
202-619-7023 o fllcc
202-2Q7-1338 cell
(b) (6)
(b) (6)
(b) (6)
(b) (6)
lllll0MT OF THE INTERIOR Mall Why I signed We need this Boathouse
Why I signed ... We need this Boathouse
- mai l@change.org>

Fri. Jan 11 , 2013 at 7:40 PM
Change.erg.
We need this Boathouse for family fun and relaxation & safety!
.._
Belmont, North Carolina
There are now 2246 signatures on this petition. Read reasons why peopl e are signing, and respond to Jesse B

29a27107fe 70
rv1aillng address: Change.erg. 216 West 104th Street, Suite #130, New York, NY 10025. USA
ups ://mail.google.com/mail/b/ 152/u/0/?ul112&1k=f 534 768664&v lew=pt&cat=J ack's Boalhouse&seareh" .,. 1/1
UKJ/llWERIOR Mall - Re: tenative timcllne for release of nonmotorlzoct RFQ
Re: tenative time line for release of nonmotorized RFQ
Waldron, Suzanne <sue_waldron@nps.goV> Fri , Jan 11 , 2013 at 7:12 PM
To: Lisa Mendelson-lelmini <lisa_mendelson-ielmini@nps.goV>, Maureen Foster <Maureen_Foster@nps.goV>, Peggy
O'Dell <Peggy_O'Dell @nps.goV>
Cc: Ste\ Whitesell <ste\A3_whitesell @nps.goV>, Tara Morrison <tara_morrison@nps.gov>, Steve LeBel
<Steve_LeBel@nps.gov.>, Jennifer Mummart <Jennifer_Mummart@nps. gov.>, David Barna <Da\Ad_Barna@nps.goV>
Ok, here's my take on the release ... l'm a bit brain dead at 7 pm friday, so reserve the right to sleep on itl Happy
to discuss.
my best ad'vice ... wi ll be available on email and out in san Francisco wi th Peggy on Monday, flying back tuesday
so out of touch then.
On Fri, Jan 11, 2013 at 6:53 PM, Lisa Mendelson-lelmini <lisa_mendelson-ielmini@nps.gov.> wrote:
Thx Sue.
cell
202-619-7023 office
On Jan 11, 2013, at 5:23 PM, "Waldron, Suzanne" <sue_waldron@nps.gov.> wrote:
Thanks Lisa ...
Talked to Jon and let him know where we were ... he did not have any objections to this laying
On Fri , Jan 11, 2013 at 5:00 PM, Mendelson, Lisa <li sa_mendelson-ielmini@nps.gov.> wrote:
UPDATE:
ltps ://mall.google.com/mail/b/ 152/u/Ol?ul 2&1ksf 534 768664&v lew=pt&cat=Jack' s 6oathouse&search= . , 1/3
Mail - Ril: l onatlve timeline for rele11se of nonmol orlzed RFQ
I spoke w. Ste\ie LeBel via phone a few minutes ago and he ga'- me this schedule for release
of the RFQ and letter - NOTE: Sue Waldron, this is ONE day later than you and I discussed
earlier, but may provide the time needed for the reviews -
Monday Ste\(;! LeB is out on SIL w/ a Dr appt
Wednesday he will work with Contracting to ha\ it posted on FedBiz Ops
Sue W I'll await your comments on the press release and will get it back to Da\oid for Monday
Questions? Gi\ie me a holler, my cell phone Is working again.
Thanks all,
-Lisa
Lisa Mendc/so11-l<!lmi1ti, II TCP
Deputy Regional Direcl(1r
Nationnl l'nrk Se1v icc
202-619-7023 o fticc
202-297- 1338 cell
Sue Waldron
(202) 208-3046
The National Park Service cares for special places sa'A3d by the American people so that all may
Sue Waldron
(202) 208-3046
The National Park Service cares for special places sa1d by the American people so that all may experience our
heritage.
2 attachments
llps :llmall,google.com/maillb/ 16211,i/O/?ui=2&1K f 53476B664&v1owapt&c11t=Jack's Bo(lthouse&soaroh ... 2/3
UllJIJIWERIOR ~ - Re: tonative timcllne f or release of nonmotorlzed RFQ
~ 2013 0111 DRAFT News Release Jacks to WASO_sue.docx
16K
2013 0111 ROCR letter to Simkin re Jacks Boat House Operation w SOL surname_w Jarvis
!ID edit.docx .
17K
ttps://mail.googlo.com/mail/b/ 1S2/u/O/?ul2&ik=I 534768664&v iew pt &cat:.Jack's Boathouse&searoh ... 313
UIOl llWERIOR Mail Ro: 1en11tlv e tlmelinG f or ro1e11se of nonmotorizod RFQ
Re: tenative timeline for release of nonmotorized RFQ
Lisa Mendelson-lelmini <lisa_mendelson-ielmlnl@nps.golP Fri, Jan 11, 2013 at 6:53 PM
To: "Waldron, Suzanne" <sue_waldron@nps.go\P
Cc: Steve Whitesell <steve_whitesell@nps.golP, Tara Morrison <tara_morrison@nps.go\P, Steve LeBel
<Steve _LeBel@nps. golf.>, Jennifer Mummart <Jennifer _M ummart@nps .golf.>, David Barna <David_ Barna@nps. golf.>
Thx Sue.
202-297-1338 cell
202-619-7023 office
On Jan 11, 2013, at 5:23 PM, "Waldron, Suzanne" <sue_waldron@nps.gov> wrote:
Thanks Lisa ...
Talked to Jon and let him know where we were ... he did not have any objections to this laying over
til early next week.
On Fri, Jan 11, 2013 at 5:00 PM, Mendelson, Lisa <lisa_mendelson-ielmini@nps.gov> wrote:
UPDATE:
I spoke w. Steve LeBel via phone a few minutes ago and he gave me this schedule for release of
the RFQ and letter - NOTE: Sue Waldron, this is ONE day later than you and I discussed
earlier, but may provide the time needed for the reviews -
Monday Steve LeB is out on SIL wl a Dr appt
Sue W I'll await your comments on the press rel ease and will get it back to Dal.Ad for Monday
Questions? Give me a holler, my cell phone is working again.
llps ://mall,google.com/m all/bi 152/u/O/?ui=2&1k=I 534 768664&v iew=pt&cat Jack's Boalhouso&search= ... 1/2
4llDl lll'lrERIOR Mall - Re: tenat i11 e t lmeline for relepse of nonmotorized Rl'=Q
Thanks all ,
-Lisa
Lisa Me11de/so11-l r./111ini. A/Cl'
Deputy Rcgi{rnal Di1ccl or
202-<1 I 9 7023 o !lice
202-297- 1338 cell
Sue Waldron
Assistant Di rector, Communications
(202) 2 8 ~ 3 4 6
experi ence our heri tage.
tips ://mall.googla.com/mall/bi 152/u/O/?ui=2&ik =f 534 76666/l&v low pt&cat=Jack 's Boathouso&se11rch= ... 2/2
/J0/14
Fwd: tenative time line for release of nonmotorized RFQ
Mendelson, Lisa <lisa_mendelson-lelmini@nps.goV> Fri , Jan 11 , 2013 at 5:01 PM
To: Nancie Ames <Nancie_E_Ames@nps.goV>
Cc: Steve LeBel <Steve_LeBel@nps.goV>, Steve Whitesell <steve_whitesell@nps.goV>
Head's u p ~
Steve LeBel needs Tracy's help in getting a temporary concessions contract posted to FedBiz on Tues or Weds -
- previously he was working w/ Rocky and Keith (I'm not sure if they are in next week or not) .. .
Thanks ...
Lisa Me11delso11-Jel111i11i, A/CJ>
Nationa l Park Service
2 0 ~ 6 l 9-7023 0 mce
202-297- 1338 cell
From: Mendelson, Lisa <lisa_mendelson-ielminl@nps.gov;:>
Subject: tenati ve timeline for release of nonmotorized RFQ
To: Steve Whitesell <steve_whitesell @nps.goV>, Tara Morrison <tara_morrison@nps.gov;:>, Steve LeBel
<Steve_LeBel@nps.goV>, Jennifer Mummart <Jennifer_Mummart@nps.gov;:>, Sue Waldron
<Sue_Waldron@nps.goV>, David Barna <David_Barna@nps.goV>
UPDATE:
I spoke w. Steve LeBel via phone a few minutes ago and he gave me this schedule for release of the RFQ and
letter - NOTE: Sue Waldron, this is ONE day later than you and I discussed earti er, but may provide the time
needed for the revi ews -
Sue W I'll await your comments on the press release and will get it back to David for Monday and his work w/
DOI.
Questions? Give me a holler, my cell phone is working again.
Thanks all ,
-Lisa
ttps://mall.google.com/mall/b/ 152/u/Ol?ui=2&1k f S34 768664&v IOW"'Pl&cat =Jack's 0oothouse&seareh" .. , 112
: INTERIOR Mall f1.d: tenativo tlrnellne for release of nonmolorizod RFQ
/Jisa Memle/tw11-lel111i11i, A TCP
Deput y Regional DirccLor
Nntionul Park Service
202-619-7023 o tlicc
202-297-1338 cell
tips ://mail.google.com/maillb/ 152/ul0/?ul oo2&ik=f 534 766664&v iew=pt&cat Jack's Boalhouso&search= .. . 2/2
/30/140EPARTMENT OF TliE INTERIOR Mall Re: Carol - couple ol t11lr19s

Ell
Re: Carol .. couple of things
Waldron, Suzanne <sue_waldron@nps.goV> Fri, Jan 11. 2013at 11:44AM
To: "Mendelson, Lisa" <lisa_mendelson-ielmini @nps. goV>
Cc: "Mummart. Jennifer" <jennifer_mummart@nps.goV>, "Johnson, Carol" <carol_bjohnson@nps.goV>, Ste11e
Whitesell <Ste"'3_Whltesell@nps.gov>, Da\iid Barna <DalAd_Barna@nps.gov>, Jeffrey Olson
<Jeffrey_Olson@nps.goV>, Maureen Foster <Maureen_Fost er@nps.gov>, Peggy O'Dell <Peggy_O'Dell@nps.gov>,
Tara Morrison <tara_morrison@nps.goV>
Thanks Lisa, will take a look and get these in front of Jon ASAP
On Fri, Jan 11 , 2013 at 11 :21 AM, Mendelson, Li sa <li sa_mendelson-ielrnini@nps.gov> wrote:
Morning. all. ..
I'm attaching se'A3ral documents - belQw is a synopsjs of each:
1. Draft letter to Mr. Simki n - we propose to deliver asap - has been surnamed by SOU Eaton-Lurie.
2. Draft talking points - reflective of the letter plus additional background
3. Draft press release - short and to the point
Ste11e (yesterday) and I (today) have reached out to the NPF and await a call back from Nel l.
We look forward to your thanks.
-Lisa
Lisa Ale11de/so11-Je/111illi, A TCP
Nat ional Purk Serv ice
202-619-7023 o 11icc
202-297- 1338 cell
. On Thu, Jan 10, 2013 at 10:47 AM, Mummart, Jennifer <jennifer_mummart@nps. gov> wrote:
As mentioned, I am working on the Jack's materi als. but none of it is ready for re-.Aew here yet.
Jennifer Mummart
National Park Ser\iice
llps:l/mall.google.com/mall/b/162/u/O/?ulso2&1k;:f 534 768664&v ack's Boathouso&soaroh, .. 1/4
/30/14DEPARTMENT OF Tl-lE INTERIOR Mall - Re: Carol - couple of things
(202) 619-7174
www.nps.gov
The National Park Sel\1ce cares for special places saved by the American people so that all may experience
our heritage.
On Thu, Jan 10, 2013 at 10:36 AM, Waldron, Suzanne <sue_waldron@nps.gov> wrote:
Carol:
Sorry have been in meetings since 8 am;
On inaugural issues: Thanks for cancelling the two interviews; seems like we should not be doing
intel\1ews until we have an agreed upon statement on turf and scaffolding. If you can send that to us, I
will happily run it thru all of the traps here! Also, are you coordinating with the JIC Com ms folks on all
intel\1ews? Do not want them surprised. To ensure we are all on same page: you, as either the Mall or
NPS inaugural PIO will be handling inquiries about those activities right? Steve's note last night
suggested that NCR staffing levels being what they are, he was hoping my office could handle that .
On Jacks: Will wait to hear from Jennifer/NCR on the materials for review here.
If we could get an idea of when to expect things, I can give people a heads up.
thanks
sue
On Thu, Jan 10, 2013 at 12: 10 AM, Johnson, Carol <carol_bjohnson@nps.gov> wrote:
Sue,
I've been pretty ti ed up, and before I saw your email, I had scheduled an interview with Mike Ruane to
talk turf. Discussed it with Bob and Steve, and given your request to clear talking points before we talk
to the media, we thought the best course was to tell Ruane that we can't do the interview and
reschedule after after we have talking points cleared by your office. I will call him in the morning to
cancel.
I also have John Stanwich scheduled for an interview with CNN to talk about inauguration preparations
that could include turf questions. Should I cancel that as well?
Interviews were scheduled for 9:15 (CNN) and 9:30 (Post).
I believe Steve has emailed you about Jack's. Sorry for any misunderstanding. I only attended the
meeting with Jon to report about what had already transpired. As Steve mentioned, the region will
handle it going forward.
I am sure we will be talking tomorrow about video. FYI, I have inaugural command meeting every
morning from 8-9, a conference call with the PIC at 9:30, a meeting with the social media team at 10
am and a ROC drill for the inauguration from noon to 5 out at Fort Meyer.
On Wed, Jan 9, 2013 at 1:55 PM, Waldron, Suzanne <sue_waldron@nps.gov> wrote:
Carol/ Steve: Just circli ng back on this ... lf the intent is to release the RFQ, letter to Mr. Simkin, and
llps ://mall.google.com/maillb/ 162/u/017ul"2&ik =r 534 768664&v !ew=pt&cat=Jaok's Boatho1,1se&sea(ch= . 2/4
130/14DEP/\fUMENT OF THE INTERIOR Mail Re: Carol couple of
news release tomorrow, we need the draft now as many eyes will to see it before it goes out the
door. Please advise on your status with this.
Also, Peggy asked this morning about the comms plan for WAMO scaffolding, and I gather from
David that Carol has pending media questions on turf. This too will need review in WASO before
discussed with media.
Thanks - I'm In meetings this afternoon from 3-5 and Da"1d is leaving shortly so understanding when
we can expect stuff would be helpful!
Thanks!
Sue
---Forwarded message --
From: Barna, David <david_barna@nps.gov>
Date: Wed, Jan 9, 2013 at 1:05 PM
Subject: Fwd: Carol - couple of things
To: Suzanne Waldron <sue_waldron@nps.gov>
---- Forwarded message - -
Date: Wed, Jan 9, 2013 at 9:40 AM
Subject: Carol - couple of things
To: Carol Johnson <carol_bjohnson@nps.gov>
Cc: David Barna <davi d_barna@nps .gov>, Jeffrey Olson <jeffrey_olson@nps.gov>
Sue dropped by and we chatted about some issues.
We want to see a draft release on jack's boathouse (today if possible)
and what you plan to say on the Washington Monument and turf grass
issues before you get or return media calls.
:)
David
David Barna
Chief Spokesman
lips ;//mail.google. comlmall/b/152/u/O/?ui=2&ik=( 534 768664&v lew=pt&cat =Jack's Bo11t house&searoh"'. ,. 3/4
130/NDEPARTMENT OF THE INTERIOR Mail Re: Carol couple or tt1ln9s
Sue Waldron
(202) 208-3046
The National Park Service cares for special places s ~ d by the American people so t hat all may
Communications OHir:Ar
Neti oni:il Mall and Mernolial Pml<S
900 Ohi o Drlvc. SW
Phono: 202-245-4700
Sue Waldron
(202) 208-3046
The National Park Service cares for speci al places s ~ d by the American people so that all may
Sue Waldron
(202) 208-3046
Visit us at www. nps. gov
The National Park Service cares for special places sa\{;!d by the American people so that all may experience our
heritage.
tlps://m311.googla.com/msil/b/ 152/u/O/?ui=2&1k I 534 7G8664&v iew=pt&c<1t Jsck's Bo!lthouso&se11rch= ...
130/ 14
Re: Revised Jack's Letter from Solicitors
Morrison, Tara <tara_morrison@nps.goV> Fri , Jan 11, 2013 at 10:15 AM
To: "Whitesell , Steve" <steve_whitesell @nps.goV>
Cc: Lisa_ Mendelson-ielmini <Lisa_Mendelson-ielmini@nps.goV>, Philip Selleck <philip_selleck@nps.goV>, Jennifer
Mummart <jennifer_mummart@nps.goV>, Steve LeBel <Steve_LeBel@nps.goV>
I have no comments.
On Fri, Jan 11, 2013 at 9:18 AM, Whitesell , Steve <steve_whitesell@nps.gov> wrote:
Attached is a clean copy of the Jack's Letter OKd by the solici tors. I'm good with this. I wi ll be out, potentially
all day, so provide any comments to Lisa who will finalize and send over to MIS with the other Jack's material.
Tara D. Morrison
Superintendent
Rock Creek Park
202-895-6004
tt ps ://mail. google. com/mail/ b/ 152/ u/O/?ul=2&1k =f 534 766664&v leW"pt&c al Jack's Boethouse&search= ... 1/ 1
PMJ!Tll.1ENT OF THE INTERIOR Mall Revised Jack's Latter rrom Solicitors
Revised Jack's Letter from Solicitors
Whitesell , Steve <steve_whitesell@nps. goV> Fri, Jan 11 , 2013 at 9:18 AM
To: Lisa_ Mendelson-ielmini <Lisa_Mendelson-ielmini@nps.goV>, Philip Selleck <philip_selleck@nps.goV>, Tara
Morrison <tara_morri son@nps.gov>, Jennifer Mummart <jennifer_mummart@nps.gov>, Steve LeBel
<Steve_LeBel@nps. goV>
Attached is a clean copy of the Jack's Letter OKd by the soli citors. I'm good with this. I wi ll be out, potentially
all day, so provide any comments to Lisa who will finalize and send over to MIB with the other Jack's material.
Clean ROCR 120111.Eaton and Lurie comments on 2013 0110 NewSimkinLetter Current Draft
RCE (1).docx .
16K
ttps :llmall.900910. com/mall/b/1 52/u/Oi?li l"2&1k f 534 768661\&v iew=pt&cat=Jack's Ba<1thause&search=.,, 1/1
(b) (5)
130114
Re: Whitesell Letter Re. Jack's Boat House
Whitesell; Steve <ste\.e_whitesell@nps.goV>
To: "Eaton, Robert" <robert.eaton@sol.doi.goV>
Rob
Thanks to you and Maria for jumping on this. Much appreciated.
On Fri, Jan 11, 2013 at 8:33 AM, Eaton, Robert <robert. eaton@sol.doi.goV> wrote:
Ste1.e,
Fri , Jan 11, 2013 at 9:13 AM
Attached Is a copy of your draft letter with Maria's and my suggested edits shown in track changes. Also
attached is a clean \.ersion of the letter incorporating our edits.
Most of our edits are clarifying edits, which you should feel free to accept or reject, but please note that we
have deleted the references to "current terms and conditions" and to the National Park Foundation as a
"lessor," because we don't want to suggest or imply that Mr. Simkin has any sort of legall y binding lease or
other agreement to continue his operations.
Please call if you any questions.
Rob
Division of Parks and Wi ldlife
MS 5312
1849 C Street, NW
Telephone: (202) 208-7957
Telefax: (202)
information that is privileged, confidential, or otherwise protected by appli cable law. If you are not the intended
recipient or an employee or agent responsible for the delivery of this email to the intended recipient, you are
recei\.ed this email in error, please notify the sender immediately and destroy all copies.
--Forwarded message - -
From: Lurie, Maria <maria.luri e@sol.doi.gov>
Date: Fri, Jan 11, 2013 at 8:25 AM
Subject: Whitesell Letter Re. Jack's Boat House
To: Robert Eaton <robert.eaton@sol.doi.goV>
PRIVILEGED COMMUNICATION
I tps ://mail.google. com/m oll/b/ 1 S2/1,1/0/?ui=2&ik =I 534 768664&v lew pt&cat=Jack's Boalhouse&seorch ... 112
(b) (5)
NOTICE: This e-mail (including any attachrncn!s) is intended for the use of the individual or entity to whom or which it
is addrcsscd. ll 1n11y cont ain information llrnt is privileged, confidential, or otherwise protected by applicable law. If you
arc not the intended recipient or Lhe employee or agent responsible for delive1y of this e-mail to the int ended recipient ,
you arc hereby not ified tlrnt any dissemination, distribution, copying, or use of this e-mail or its contents is strictly
prohibited. If you have received this e-mail in error, plcnse notify the sender immediately and destroy all copies. Thank
you.
DEPARTMENT OF THE INTERIOR Mail Re: Friday Slaff Draft - Jack's
Re: Friday Staff Draft - Jack's
Mummart, Jennifer <jennifer_mummart@nps.gov> Fri, Jan 11 , 2013 at 8:35 AM
To: Lisa Mendelson-lelmini <lisa_mendelson-ielmini @nps.gov>
Cc: Steve Whitesell <ste1ie_whitesell@nps.gov>, Tara Morrison <tara_morrison@nps.gov>, Stelle Lebel
<st eve _lebel @nps.gov>
We would never ridicule you, would we?
My tiny edits attached. In terms of audience - I don't want to label this document, but maybe we should provide a
specific schedule to the director's office, building in time for any reviews that may be required (as a separate
document).
Thanks,
JM um
Jennifer Mummart
(202) 619-7174
www.nps.gov
heritage.
On Fri, Jan 11, 2013 at 7:14 AM, Lisa Mendelson-lelmlni <lisa_mendelson-ielmini@nps.gov> wrote:
Not wanting to risk ridicule I've waited t o a decent hour to send this :)
Pi s see my notes below.
Thanks .. ..
202-297-1338 cell
202-619-7023 office
ltps ://m<1ll.googl e.com/moll/b/ 152/u/Ol ?ui =2&1k=f 534 768664&v iew=pt&cat =Jack's Boathouse&search ... 1/2
130/MPARTMEN"f OF THE INTERIOR Mail . Re: Friday Star r Draft . Jack's
From: L Mendelson <:lisamparkhomework@gmail.com>
Date: January 11 , 2013 7:08:56 AM EST
To: lisa_mendelson-ielmini@nps.gov
Subject: Friday Staff Draft - Jack's
1. My version of WORD at home is newer than at work so there may be some formatting that
needs to be corrected, I'll check it out as soon as I arrive.
2. I've incorporated the 5 different groups of comments from Thursday (SW, SLe, TM, JM, and
LM)
3. I've added a new point about Mr Simkin ha\ting received a letter. I've left the new bullet in red
text to draw your attention, pis read, it made sense to me last night, want to make sure it makes
sense to you now
4. Everything else is now in unadorned text so please read closely.
I think we're there, or close enough for the next round of edits ....
See you short ly,
Lisa
!ifil 2013 01 11 Jacks Facts v1 JMum.docx
22K
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212
(b) (5)
(b) (5)
(b)
(6)
(b) (5)
(b) (5)
l>J{Jl([)f It-IE INTERIOR Mail . Fwd: Whitesoll Letler Re. Jack's Boat HoLISO
Fwd: Whitesell Letter Re. Jack's Boat House
Eaton, Robert <robert.eaton@sol.doi.goV> Fri, Jan 11, 2013 at 8:33 AM
Cc: Maria Lurie <Maria.Lurie@sol.doi.goV>, "Lackey, Melissa" <melissa.lackey@sol.doi.goV>
Steve,
Attached is a copy of your draft letter with Maria's and my suggested edits shown in track changes. Al so
attached is a clean version of the letter Incorporating our edits.
Most of our edits are clarifying edits, which you should feel free to accept or reject, but please note that we have
deleted the references to "current terms and conditions" and to the National Park Foundation as a "lessor,"
because we don't want to suggest or imply that Mr. Simkin has any sort of legally binding lease or other
agreement to continue his operations.
Please call if you ha\A3 any questions.
Rob
Di\oision of Parks and Wildlife
Office of the Soli citor
MS 5312
1849 C Street, NW
Telephone: (202) 208-7957
Telefax: (202) 208-3877
Information that is privileged, confidential, or otherwise protected by applicable law. If you are not the intended
recipient or an employee or agent responsi ble for the delivery of this email to the intended recipient, you are
hereby notified that dissemination, distribution, copying, or use of this email is strictly prohibited. If you received
---.- Forwarded message -. - -- -
From: Lurie, Marla <maria. luri e@sol.doi .gov>
Date: Fri , Jan 11. 2013 at 8:25 AM
Subject: Whitesell Letter Re. Jack's Boat House
To: Robert Eaton <robert. eaton@sol.doi. goV>
PRlVlLRGED COMMUNICATION
f'11l/(l)f THE INTERIOR Mall Fwd: Whitesell Lottor Re. Jack's Boat House
NOTICE: This e-mail (including any altachmenls) is int ended for the use of the individual orculity to whnmor which it is
addressed. ll may contain infonn, 1tion that is privileged. eonlidential. orothe1wisc protected by applicahle law. lfyou arc
not lhc intended recipient or lhc employee on1gcnt res ponsible for delivery of this e-mail to the intended recipient, you arc
hcrchy notified thHt any dissemination, distribution, rnpying, or use of this e-mai l or its con Lents i!:i strictly prohibited. I f
you have rcccive<l lhis c m ~ 1 i l in error, please notily the sender immediately and destroy all copies. Thank you.
2 attachments
~ ROCR 120111.Eaton and Lurie comments on 2013 01 10 NewSimkinletter Current Draft RCE.docx
17K
Clean ROCR - 120111.Eaton and Lurie comments on 2013 0110 NewSimkinLetter Current Draft
~ RCE.docx
16K
ltp:s://mall ,google.com/malllb/1S2/u/O/?ui=2&1kaf534 768664&v icwapt&cat=Jack's Boathouse&seareh"' .. , 212
(b) (5)
(b) (5)
(b) (6)
(b) (6)
P'J<n.TMENT OF THE INTERIOR Mall - Why I signed -- I went to Georgetown
Why I signed -I went to Georgetown
- <mail@change.org>
To: Ste1,1;!_Whitesell@nps.gov
Dear Stel,1;! Whitesell , Regional Director (National Park Service),
Thu, Jan 10, 2013 at 7:56 PM
I just signed Jesse 8 Rauch's petition "National Park Service: Sal,1;! Jack's Boathouse from Closure!" on
Change.org.
I went to Georgetown and spent 4 happy years at Jacks, it's a great business run by genuine people and I
want to see it stay
Sincerely,
San Francisco, California

29a27107fe70
Mailing address: Change.org. 216 West 104th Street, Suite #130, New York, NY 10025. USA
llps: !Im all. googlo, com/ m al II b/ 152/u/O/?ui=2&1k sf 534 768664 & v iew=pl &o ot Jack's Boat houso&s earch" ... 1/ 1
4JQ!llt40R Mail Ro: Fw: Fw: Jack's - latest drafts for speedy rev iow ploaso
Re: Fw: Fw: Jack's - latest drafts for speedy review please
Steve LeBel <steve_lebel@nps.gov> Thu, Jan 10, 2013 at 7:33 PM
To: Tara_Morrison@nps.gov
Cc: jennifer_mummart@nps.gov, Steve_ Whitesell@nps.gov, Lisa_Mendelson-lelmini@nps.gov, eatinker@nps.gov
Thanks for the early not i ce on the RFQ comments. I hope there were no materi al changes
1
so we don't
have to run the RFQ through SOL again. As it stands, we've got an approved package.
From: Morrison, Tara [mailto: tara_morrison@nps.gov]
Sent: Thursday, January 10, 2013 03: 54 PM
To: Steve LeBel <steve_lebel@nps.gov>
Cc: jennifer_mummart@nps.gov <jennifer_mummart@nps.gov>; Steve_Whitesell@nps.gov
<Steve_ Whitesell@nps.gov>; Lisa_Mendelson-Ielmini@nps.gov <Lisa_Mendelson-Ielmini @nps.gov>;
eatinker@nps.gov <eatinker@nps.gov>
Subject: Re: Fw: Fw: Jack's - latest drafts for speedy review please
Please see attached.
On Thu, Jan 10, 2013 at 6:26 PM, Ste-..e LeBel <sl eve_lebel@nps.gov> wrote:
R'om: Steve LeBel [mailto: stevelebel@verizon.net]
Sent: Thursday
1
January 10, 2013 03:25 PM
To: steve_lebel@nps.gov <steve_lebel@nps.gov>
Subject: Re: Fw: Jack's - latest drafts for speedy review please
Please see attachment.
On 01/10/13, Steve LeBel<steve_lebel @nps.gov> wrote:
R'om: Whitesell, Steve [mailto: steve_whitesell @nps.gov]
Sent: Thursday, January 10, 2013 03:08 PM
To: Mummart, Jennifer <jennifer_mummart@nps.gov>; Lisa Mendelson <lisa_mendelson-ielmini@nps.gov>;
Steve LeBel <steve_lebel@nps.gov>; Elizabeth Tinker <liz_tinker@nps.gov>; Tara Morrison
<tara_morrison@nps.gov>
Subject : Re: Jack's - latest drafts for speedy review please
Attached are my comments regarding the facts sheet. You all need to weigh in as to how to answer my comments.
On Thu, Jan 10, 2013 at4:45 PM, Mummart, Jennifer <jennifer_mummarl@nps.gov> wrote:
Hi all ,
tlps://mall.google. com/m1111/bl152/u/O/?ul=2&ik =f 534 768664&v lew=pt&cat=J ack's Boathouse&seorch= .. . 1/2
13&R40R Mail Ro: Fw; Fw. Jack's latest drafts for speedy reviow please
Please see attached. On the fact sheet, the red text is the text provided by Steve LeBel and edited by me. I have
ques lions about the blue text. What I would want to try to communicate is the length of the term for the temporary
contract and whether it has opportunities for extensions. I don't think this text is clear enough and may be
confusing, especiallythe word "non-competitively '' because we are, In tact, undertaking a competi tive process ,
correct?
Thank you,
Jennifer
Jennifer Mum mart
(202)619-7174
www.nps.gov
heritage.
Tara D. Morrison
Superintendent
Rock Creek Park
202-895-6004
ttps :/lmoll.google. com/mall/bi 152/u/O/?ui=2&1k f 53476B664&v lew=pt&cat Jack's Boothouse&search= ...
2/2
1Jmf140R Mail Re: Fw: Fw: Jack's - latost drafts !or speedy review pleose
Re: Fw: Fw: Jack's - latest drafts for speedy review please
Morrison, Tara <tara_morrison@nps.gov.> Thu, Jan 10, 2013 at 6:54 PM
To: Steve LeBel <steve_lebel@nps.gov.>
Cc: jennlfer_mummart@nps.gov, Steve_Whitesell@nps.gov, Lisa_Mendelson-lelmini@nps.gov, eatinker@nps.gov
Please see attached.
On Thu, Jan 10, 2013 at 6:26 PM, Steve LeBel <sl eve_lebel@nps.gov.> wrote:
R'om: Steve LeBel [mailto: stevelebel@verizon.net]
. To: steve_lebel@nps.gov <steve_lebel@nps.gov>
On 01/10/13, Steve LeBel<steve_lebel@nps .gov> wrote:
From: Whitesell, Steve [mailto:steve_whitesell @nps.gov]
To: Mummart, Jennifer <jennifer _mummart@nps.gov>; Lisa Mendelson <lisa_mendelson-ielmini@nps.gov>;
Steve LeBel <steve_lebel@nps.gov>; Elizabeth Tinker <liz_tinker@nps.gov>; Tara Morrison
Subject: Re: Jack's - latest drafts for speedy review please
Attached are my comments regarding the facts sheet. You all need to weigh in as to how to answer my comments.
On Thu, Jan 10, 2013 at 4:45 PM. Mumm art, Jennifer <jonnlfer_mummarl@nps.gov.> wrote:
Hi all ,
Please see attached. On the fact sheet. the red text is the text provided by Steve LeBel and edited by me. I have
questions about the blue text What I would want to try to communicate is the length of the term for the temporary
contract and whether it has opportunities for extensions. I don't think this text Is clear enough and may be
confusing, especially the word "non-competitively" because we are, in fact, undertaking a competitive process.
correct?
Thank you,
Jennifer
ttps :I lmall.google. com/mall/bl 162/u/Ol?lll" 2&1K"'f 634 768a64&v icw.opt&c:.it llJ oc k's Beatho1.1se&se11rch;: .. . 112
4JQ!ll'l10R Mall Re: Fw: Fw: Jack's latest draf ts f or speedy rev low ploaso
Jennifer Mumm art
(acting) A5sociate Regional Director for Communications
(202) 619-7174
www.nps.gov
The National Park Service cares for special places saved by the Ameri can people so that all may experience our
heritage.
Tara D. Morrison
Superintendent
Rock Creek Park
202a895 6004
TOM Comments Jacks Boathouse Fact Sheet_ 11013_v2.docx
24K
lips ://mail. goog!e.comirn11ll/b/ 152iu/O/?ul .. 2&1kf 534 766664&v lew=pt&cat,,Jack's Boathouso&soarch= . 212
(b) (5)
(b) (5)
130/ 111
Re: Jack's - latest drafts for speedy review please
Steve Whitesell
To: jennifer_mummart@nps.gov
Ok. We'll need to note the intended audience.
Thanks
From: Mummart, Jennifer [mailto:jennifer _mummart@nps.gov]
Sent : Thursday, January 10, 2013 03:22 PM
To: Whitesell, Steve <stcvc_whitesell@nps.gov>
Thu, Jan 10, 2013 at 6:43 PM
Cc: Li sa Mendelson <lisa_mendelson-ielmini@nps.gov>; Steve LeBel <steve_lebcl@nps.gov>; Elizabeth Tinker
<liz_tinker@nps.gov>; Tara Morrison <tara_morrison@nps.gov>
Subject : Re: Jack' s - latest drafui for speedy review please
Hi Steve,
I think this draft (v4) responds to your concerns. In terms of the language about the timing, this is for public
informati on, (it does not serve as our schedule). so I was trying to be realistic, but also give us the cushion we
might need. Would be happy to revise, if needed.
Thanks,
Jennifer
Jennifer Mummart
(acting) Associate Regional Di rector for Communications
(202) 619-7174
www.nps.gov
The National Park Service cares for special places saved by the Ameri can people so that all may experience our
heritage.
On Thu, Jan 10, 201 3 at 6:08 PM, Whitesell, Steve <ste'v_whitesell @nps.gov.> wrote:
Attached are my comments regarding the facts sheet. You all need to weigh in as to how to answer my
comments.
On Thu, Jan 10, 2013 at 4:45 PM, Mummart, Jennifer <jennifer_mumrnart@nps.gov.> wrote:
Hi all ,
ttps :I I mail.google.com/mall/bl 162/u/O/?ui=2&ik =f 534 768664&v lew=pi&cat =Jack' s Boothouse&.search= ... 1/2
FJOit't., INTERI UR Mail - Re: Jack's l[ltest drafts for spoedy reviow please
Please see attached. On the fact sheet, the red text is the text provided by Steve LeBel and edited by me. I
have questions about the blue text. What I would want to try to communicate is the length of the term for the
temporary contract and whether it has opportunities for extensions. I don't think this text is clear enough and
may be confusi ng, especially the word "non-competitively" because we are, in fact, undertaking a
competitive process, correct?
Thank you,
Jennifer
Jennifer Mummart
National Park Sel'\lice
(202) 619-7174
www.nps. gov
The National Park Sel'\lice cares for special places saved by the Ameri can people so that all may experi ence
our heritage.
ltps ://mail.google. com/mall/b/152/u/0/?ui=2&ik"f 5311768664&v lew=pt&cat=Jack's Boathouse&search" ... 2/2
IH<lME::RIOR Mall Fw: Fw: J1;1ck's - latest drafts fot speedy review please
Fw: Fw: Jack's - latest drafts for speedy review please
Steve leBel <ste'.E_lebel@nps.goV> Thu, Jan 10, 2013 at 6:26 PM
To: jennifer_mummart@nps.gov, Ste1.13_Whitesell@nps.gov, Lisa_Mendelson-lelmini@nps.gov,
Tara_Morri son@nps.gov, eatinker@nps.gov
Cc: Steve_LeBel@nps.gov
From: Steve LeBel [mailto: stevelebel@verizon. net]
To: steve_lebel @nps.gov <steve_lebel@nps.gov>
On 01 /10/13, Steve LeBel<steve_lebel @nps .gov> wrote:
From: Whitesell, Steve [mailto: steve_whitesell @nps.gov]
To: Mummart, Jennifer <j ennifer _mummart@nps.gov>; Lisa Mendelson <lisa_mendelson-ielmini@nps.gov>i
Steve LeBel <steve_lebel@nps.gov>; Elizabeth Tinker <liz_tlnker@nps.gov>; Tara Morrison
Subject: Re: Jack's - latest drafts for speedy review please
Attached are my comments regarding the facts sheet. You all need to wei gh in as to how to answer my comments .
On Thu, Jan 10, 2013 at4:45 PM, Mum mart, Jennifer <jcnnifer_mummart@nps.gov> wrote:
Hi all,
Please see attached. On the fact sheet, the red text is the text provided by Steve Le Bel and edited by me. I have
questions about the blue text. What I would want to try to communicate Is the length of the term for the temporary
contract and whether it has opportunities for extensions. I don't think this text is clear enough and may be confusing,
especially the word ''non-competitively" because we are, in fact, undertaking a competi tive process, correct?
Thank ~ u
Jennifer
Jennifer Mumm art
lips ://m3il .9oogle.com/maillb/ 152/u/O/?ui=2&1k" f 534 76866il&v iew=pt&cat=Jaek's Bonthouse&search= .. . 1/2
JB:ot11!11"C: RIOR Mali Fw. Fw. Jack' s latest drafts for speedy rev iew please
(202) 619-7174
www.nps .gov
The National Park Servi ce cares for special places saved by the American people so that all may experience our
heritage.
EXPERIENCE YOUR AN1ERICA
LeBel Comments Jacks Boathouse Fact Sheet_110 13_v2.docx
20K
ttps :I /m(lll .googlo. com/mall/bl 152/u/Ol?ul=2&1k"'f 534 766664&v low=pt&cat =Jack's Boathouse&searoh ..... 2/2
(b) (5)
(b) (5)
ffiattl INTERICR Mail - Re: Jack's latest drafts for speedy review please
Mummart, Jennifer <j ennifer_mummart@nps.goV> Thu, Jan 10, 2013 at 6:22 PM
To: "Whitesell , Steve" <st eve_whitesell@nps.goV>
Cc: Lisa Mendelson <lisa_mendelson-ielmini@nps.goV>, Steve LeBel <steve_lebel@nps.goV>, Elizabeth linker
<liz_tinker@nps.goV>, Tara Morrison <tara_morrlson@nps.goV>
Hi Steve,
I think this draft (v4) responds to your concerns. In terms of the language about the timing, this is for public
information, (it does not serve as our schedule), so I was trying to be realistic. but also give us the cushion we
might need. Would be happy to revise, if needed.
Thanks,
Jennifer
Jennifer Mummart
(202) 619-7174
www.nps.gov
heritage.
On Thu, Jan 10. 2013 at 6:08 PM, Whitesell, Steve <steve_whitesell @nps.goV> wrote:
comments.
On Thu, Jan 10, 2013 at 4:45 PM, Mummart, Jennifer <jennifer_mummarl@nps.goV> wrote:
Hi all ,
Please see attached. On the fact sheet, the red text is the text pro\oided by Steve LeBel and edited by me. I
temporary contract and whether it has opportunities for extensions. I don't think this text Is clear enough and
may be confusing, especially the word "non-competitively" because we are. in fact, undertaking a
Thank you,
Jennifer
ttps ://niail.googlo. com/mall/b/152/u/O/?ul,,2&1k =f 534 768664&v iowmpt&cat=Jack's Boathouse&search= ... 112
FJOhl llllTERIOR Mail - Re: Jack's - latost draf ts f or speedy review please
Jennifer Mummart
National Park Seniice
(202) 619-7174
www.nps.gov
our heritage.
l1fil Jacks Boathouse Fact Sheet_1-10-13_v4.docx
22K
tips ://mall. geogle.com/mail/b/ 152/ u/O/?ui=2&ik" f 534 768664&v lew=pt&cat=Jack' s Boathouse&search= ... 2/2
(b) (5)
(b) (5)
Rl<T.f'llE INTERIOR Mail Re: Jack' s - l<11est drafts f or speody rev iew please
Whitesell, Steve <steve_whitesell@nps.goV> Thu, Jan 10, 2013 at 6: 08 PM
To: "Mummart, Jennifer'' <jennifer_mummart@nps.gov>, Lisa Mendel son Steve
LeBel <steve_lebel@nps.gov>, Elizabeth Tinker <liz_tinker@nps.gov>, Tara Morrison <tara_morrison@nps. gov>
comments.
On Thu, Jan 10, 2013 at 4:45 PM, Mummart , Jennifer <j ennifer_rnummart@nps. gov> wrote:
Hi all ,
Please see attached. On the fact sheet, the red text is the text pro\.1ded by Steve LeBel and edited by me. I
temporary contract and whether It has opportunities for extensions. I don't think this text is clear enough and
may be confusing, especially the word "non-competitively" because we are, in fact , undertaking a
Thank you,
Jennifer
Jennifer Mummart
National Capita! Region
National Park Ser\.1ce
(202)
www.nps.gov
The National Park Ser\.1ce cares for special places saved by the American people so that all may experience
our heritage.
@) Jacks Boathouse Fact Sheet_1-10-13_v2.docx
23K
ttps://mall.google.com/m<ill/b/ 152/u/O/?ul 2&iktof 534 768664&v lew=pt&cat.,Jack's Boathousc&search= .. 1/ 1
130/'l?JE:'>ARTMENT OF THE INTERIOR Mail - Re: Not yet ready f or qabecs
Re: Not yet ready for qabecs
To: Lisa Mendelson. lelmini <lisa_mendelson-ielmini@nps.goV>
Cc: Tara Morrison <tara_morrison@nps.goV>
Thu, Jan 10, 2013 at 5:43 PM
Defi nitely hasn't gone to LeBel. Go ahead and prepare the QABECS based on the latest facts which hopefully
you now have.
On Thu, Jan 10, 201 3 at 5:34 PM, Lisa Mendelson-lelmini <lisa_mendelson-ielmini@nps.goV> wrote:
Not to my knowledge. Believe what we ha-.e will provide much but possibly not all info given that its a
statement looking forward We will need to add more about 1973 lease to the briefing statement for context.
202-297-1338 cell
202-61 9-7023 office
On Jan 10, 201 3, at 5:32 PM, Tara Morrison <tara_morrison@nps.goV> wrote:
Ok thanks. I got a message that WASO added j acks to the budget hearing bri efi ng l ist.
Before I st art working on i t, did this get assi gned to Le Bel orr someone el se?
From: Li sa Mendelson-Ielmini [mailto:lisa_mendelson-iclmlni @nps.gov]
sent: Thursday, January 10, 2013 03:09 PM
To: Tara Morrison <tara_morrison@nps.gov>
Subject: Not yet ready for qabecs
Howdy - this isn't the final draft, that wi ll be available in a littl e while, we have made some
modifications si nce Jennifer emailed this - I'll get it to you once we wrap for the evening. Thx.
Sent IAa I Pad ......
From: "Mummart, Jennifer" <jennifer_mummart@nps.goV>
To: Lisa Mendelson <lisa_rnendelson-ielmini@nps.goV>, Steve Whitesell
<Steve_Whitesell @nps .goV>, Ste-.e LeBel <steve_lebel@nps.goV>, Elizabeth
llnker <liz_tinker@nps.goV>
tips ://mall.googlc.comlmalllbl 152/u/O/?ui=2&ik=f 534 768664&v low=pt&cat=Jack's Boathouse&search .... . 1/2
130/10E;PARTMEN T OF THE INTERI OR Mail - Re: Not yet ready for qsbecs
Subject: Jack's - latest drafts for speedy review please
Hi all,
Please see attached. On the fact sheet, the red text is the text pro'vided by Steve
LeBel and edited by me. I have questions about the blue text. What I would want to
try to communicate is the length of the term for the temporary contract and
whether it has opportunities for extensions. I don't think this text is clear enough
and may be confusing, especially the word "nonacompetitively" because we are,
in fact, undertaking a competitive process, correct?
Thank you,
Jennifer
Jennifer Mummart
(202) 619-7174
www.nps.gov
The National Park Service cares for special places sawd by the American people
so that all may experience our heritage.
ttps ;f / msil.google. com/msillb/152/u/O/?ui=2&ik=f 534 768664&v iew=pl&cat =Jack's Boathouso&search" ... 212
FJ<rnl INTERIOR Mall - Re: Jack's - latest drafts f or speedy review please
~
511
Re: Jack's latest drafts for speedy review please
Steve LeBel <steve_lebel@nps.gov> Thu, Jan 10, 2013 at 4:56 PM
To: jennifer_mummart@nps.gov, Usa_Mendelson-lelmini@nps.gov, Steve_Whitesell@nps.gov, Liz_ Tinker@nps.gov
The term i s up to 3 years. Regs do not permit extensions of a temp contract. Regs stat e the Director may
award a temp cont ract non-competitively, so we're careful never to charact erize it otherwise. On the
other hand, ful l term contracts are competit i ve, and the entire contracting process is different.
From: Mummart, Jennifer [mallto:jennifer_mummart@nps.gov]
To: Lisa Mendelson <lisa_mendelson-ielmini @nps.gov>; Steve Whitesell <Steve_Whltesell@nps.gov>; Steve
LeBel <steve_lebel@nps.gov>; Elizabeth Tinker <liz_tinker@nps.gov>
Subject: Jack's - latest drafts for speedy review please
Hi all ,
Please see attached. On the fact sheet, the red text is the text pro..;ded by Steve LeBel and edited by me. I have
questions about the blue text. What I would want to try to communicate is the length of the term for the
temporary contract and whether it has opportunities for extensions. I don't think this text is clear enough and may
be confusing, especially the word "non-competitively" because we are, in fact , undertaking a competiti-.e
process, correct?
Thank you,
Jennifer
Jennifer Mummart
(202) 619-7174
www.nps.gov
The National Park Ser..;ce cares for special places s ~ d by the American people so that all may experience our
heritage.
t tps://m all.googlo.com/maillb/162/u/O/?ui=2&ik f 534 768664&v lew=pt&cat Jack's Boathouse&soarch= ... 111
l:JO'llf"1Tt-:e INTERIOR Mail - Jack's - latest drafts for spOBdy review ploaso
Jack's - latest drafts for speedy review please
Mummart, Jennifer <jennifer_mummart@nps.goV> Thu, Jan 10, 2013 at 4:45 PM
To: Li sa Mendelson <lisa_mendelson-ielmini@nps.goV>, Steve Whitesell <Steve_Whitesell @nps.goV>, Steve LeBel
<ste\ie_lebel@nps. goV>, Elizabeth linker <liz_tinker@nps.goV>
Hi all ,
Please see attached. On the fact sheet, t he red text is the text provided by Steve LeBel and edi ted by me. I ha\
questions about the blue text. What I would want to try to communicate is the length of the term for t he
temporary contract and whet her it has opportunities for extensions. I don't think this text is clear enough and may
be confusing, especially the word "non-competiti ve ly " because we are, in fact, undertaking a competiti\ie
process, correct?
Thank you,
Jennifer
Jennifer Mummart
Nat ional Park Service
(202) 619-7174
www.nps. gov
The National Park Service cares for special places sal.d by the American people so that all may experience our
heritage.
2 attachments
Jacks Boathouse Fact Sheet_1-10-13_v2.docx
21K
l@!J News Release Jacks_v2.docx
49K
ltps ://mall .google.com/mall/b/152/u/O/?ul=2&ik =f 534760664&v low=pt &cat -Jack's Boathouse&search= ...
1/ 1
(b) (5)
(b) (5)
(b) (5)
/SO'altlOR Mail - Re: Jacks - DRAFT news rolo<ise and facts/tal king points
Re: Jacks .. DRAFT news release and facts/talking points
Mummart, Jennifer <jennifer_mummart@nps.goV>
To: "Whitesell, Steve" <steve_whitesell @nps.goV>
Thu, Jan 10, 2013 at 2:05 PM
Thanks Steve. It would be good (if possible) for Carol to look at it too, given the history, and I had mentioned it to
her, but given the situation, it might be ok to just let that go.
Jennifer Mummart
(202) 619-7174
www.nps.gov
heritage.
On Thu, Jan 10, 2013 at 2:03 PM, Whitesell , Steve <steve_whitesell@nps. goV> wrote:
J
Looks good. I'm circli ng LeBel and Company in the conversation to fill in the blanks.
Steve/Liz/Phil
We're on a time crunch, so please respond ASAP
On Thu, Jan 10, 2013 at 11 :33 AM, Mum mart. Jennifer <jennifer_rnummart@nps.goV> wrote:
Hi Steve and Lisa,
I know this will likely need to be revised, but just wanted to send you this so you have something! Note that I
am looking for more information for the facts/TPs (that I would also use in the news release).
See what you think, please.
Jennifer
Jennifer Mummart
(202) 619-7174
www.nps.gov
Ups ://mail.goo9ic.com/ m11il/b/ 152/u/Ol?ui =2&1k f S3<1768664&v IOW"pt&cat=Jack's Boathouse&search= ..
112
/30/140EPARTMENT OF THE INTERIOR Mall - Re: Carol couple of thi ngs
Re: Carol - couple of things
Whitesell, Steve <steve_whitesell@nps.gov> Thu, Jan 10, 2013 at 1 :55 PM
To: "Waldron, Suzanne" <sue_waldron@nps.gov>
c ~ "Johnson, Carol" <carol_bjohnson@nps.gov>, Lisa Mendelson <lisa_mendelson-ielminl@nps.gov>, Jennifer
Mummart <jennifer_Mummart@nps.gov>, David Barna <Da'vid_Barna@nps.gov>, Jeffrey Olson
<Jeffrey_Olson@nps.gov>, Maureen Foster <Maureen_Foster@nps.gov>, Peggy O'Dell <Peggy_O'Dell @nps.gov>
Sue
Bob Vogel and I just returned from a mock run through of the inaugural events where we ran into Carol. She
needs to be in that drill for the remainder of the day. She is juggling the inaugural activities along with the soon
to break employee video story and we can and will not ask her to do more.
As I noted last evening, we just don't have the media relations resources to even complete the talking points so
again we ask for support you might have available from your own resources. As noted, we are prepared to free up
our technical staff who are really the ones the know the details. If you'd like, they can write the talking points for
you all to massage.
Thanks
On Thu, Jan 10, 2013 at 10:36 AM. Waldron, Suzanne <sue_waldron@nps.gov> wrote:
Carol :
Sorry have been in meetings since 8 am;
On inaugural issues: Thanks for cancelling the two interviews; seems like we should not be doing interviews
until we have an agreed upon statement on turf and scaffolding. If you can send that to us, I will happily run it
thru all of the traps here! Also, are you coordinating with the JIC Comms folks on all interviews? Do not want
them surprised. To ensure we are all on same page: you, as either the Mall or NPS inaugural PIO will be
handling inquiries about those activities right? Steve's note last night suggested that NCR staffing levels being
what they are, he was hoping my office could handle that.
On Jacks: Will wait to hear from Jennifer/NCR on the materials for re\liew here.
If we could get an idea of when to expect things, I can give people a heads up.
thanks
sue
On Thu, Jan 10, 2013 at 12:10 AM, Johnson, Carol <carol_bjohnson@nps.gov> wrote:
Sue.
I've been pretty tied up, and before I saw your email , I had scheduled an interview with Mike Ruane to talk
turf. Discussed it with Bob and Steve, and given your request to clear talking points before we talk to the
media, we thought the best course was to t ell Ruane that we can't do the interview and reschedule after after
we have talking points cleared by your office. I will call him in the morning to cancel.
I also have John Stanwich scheduled for an interview with CNN to talk about inauguration preparations that
ttps ://mall.google.com/mail/b/ 152/u/O/?ul=2&ik=f 534 766664&v iew=pt&cat "JDC k's Boathouse&se11rch= .. . 1/4
130/ 14DEP/\RTME1H OF THI:'. INTERIOR Mall - Re; Carol - couple of things
could Include turf questions. Should I cancel that as well?
Interviews were scheduled for 9: 15 (CNN) and 9:30 (Post).
I belie'lle Steve has emailed you about Jack's. Sorry for any misunderstanding. I only attended the meeting
with Jon to report about what had already transpired. As Steve mentioned, the region will handle it going
forward.
I am sure we wi ll be talking tomorrow about vi deo. FYI, I have inaugural command meeting e\ry morning
from 8-9, a conference call with the PIG at 9:30, a meeting with the social media team at 10 am and a ROC
drill for the inauguration from noon to 5 out at Fort Meyer.
-C
On Wed, Jan 9, 2013 at 1:55 PM, Waldron, Suzanne <sue_waldron@nps.goV> wrote:
Carol/Ste'lle: Just circling back on thls ... if the intent is to release the RFQ, letter to Mr. Simkin, and news
release tomorrow, we need the draft now as many eyes wi ll ha\ to see It before it goes out the door.
Please advise on your status with this.
Also, Peggy asked this morning about the comms plan for WAMO scaffolding, and I gather from David
that Carol has pending media questions on turf. This too wi ll need re\.1ew in WASO before discussed with
media.
Thanks - I'm in meetings this afternoon from 3-5 and Da\.1d is leaving shortly so understandi ng when we
can expect stuff would be very helpful!
Thanks!
Sue
- - . Forwarded message ---
From: Barna, David <da\.1d_barna@nps. goV>
To: Suzanne Waldron <sue_waldron@nps.goV>
- - Forwarded message --
From: Barna, David <david_barna@nps.goV>
To: Carol Johnson <carol_bjohnson@nps.gov>
Cc: David Barna <david_barna@nps.goV>, Jeffrey Olson <jeffrey_olson@nps.goV>
We want to see a draft release on jack's boathouse (today if possible) and
what you plan to say on the Washington Monument and turf grass issues
before you get or return media calls.
tlps ://mall. google.com/mall/b/ 152/u/O/?ul=2&1k =f 534 768664&v lew=pt&cat " Jaok's Boathouse&search= . .. 214
130/14
: )
David
David Barna
Chief Spokesman
Sue Waldron
(202) 208-3046
Communications Officer
National Mall and Mcmorlal ParkS
900 Ohio Ori ve, SW
Phone: 202-2454700
Sue Waldron
(202) 2 8 ~ 3 4 6
The National Park Service cares for special places sa\.d by the American people so that all may experience
our heritage.
ttps ;//mail. google. com/mail/bi 162/ u/O/?ul 2&ik =f 534 768664&v lew=pt&cat =Jae k's Boalhouse&s earch= ...
314
01: THf! Moll - Fwd: Carol - couple of things

'
.
'
Fwd: Carol - couple of things
Johnson, Carol <carol_bjohnson@nps.goV>
To: Ste"' Whitesell <Ste'-"' .... Whitesell@nps.goV>
Thu, Jan 10, 2013 at 11 :45 AM
Seems its kicked back to me and the suggestion for them to coordinate with the JIC adds one more layer
--- Fmwarded message -----
From: Waldron, Su;i:anne <suo .._w<.1lclron@nps.90V>
Date: Thu, Jan 10, 2013 at 10:36 AM
Sl1bject: Re: Carol - couple of things
To: "Johnson, Carol" <c;,1rol __..bjohnson@nps.goV>
Cc: Ste"" Whitesell <Stflw .. _Whitesell@nps.fJOV>, Lisa Mendelson <lis''"-.. _rn0nclelson-ielrnini@nps.90V>, Jennifer
Murnmart <jennif<''. .... Murnrmirt@nps.90V>, David Barna <IJ<.1vid_Bmna@nps.rJoV>, Jeffrey Olson
<Jorrrov ... Olson@nps.goV>, Maureen Foster Peggy O'Dell
<f'eggy __ O'Dell@nps.goV>
Carol:
Sorry ha'A:l been In meetings since 8 am;
On inaugural issues: Thanks for cancelling the two interviews: seems like we should not be doing intorvi0ws until
we ha'-'J an agreed upon statement on turf and scaffolding. II you can send that to us, I will happily run it thru all
of the traps here! Also, are you coordinating with the JIC Comms folks on 1111 Interviews? Do not want them
surprised. To ensure we are all on same page: you, as either the Mall or NPS inaugural PIO will be handling
inquiries about those activities right? Stew's note last night suggested that NCR staffing le'A:lls being what they
are, he was hoping my office could handle that.
On Jacks: Will wait to hear from Jennifer/NCR on the materials for re\.iew here.
If we could got an idea of when to expect things, I can gi'-'J people a heads up.
thanks
sue
On Thu, Jan 10, 2013 at 12:10 AM, Johnson, Carol <carol .. )J __ _j(lhnson@nps.goV> wrote:
Sue,
l'w been pretty tied up, and before I saw your email, I had scheduled an interview with Mike Ruane to talk turr.
Discussed it with Bob and Stew, and glwn your request to clear talking points before we talk to the media, we
thought the best course was to tell Ruane that we can't do the interview and reschedule after after we ha'-"'
talking points cleared by your office. I will call him in the morning to cancel.
I also ha"'l John Stanwich scheduled for an interview with CNN to talk about inauguration preparations that
could include turf questions. Should I cancel that as well?
Interviews were scheduled for 9: 15 (CNN) and 9:30 (Post).
t lps: I Im <iii. corn/ rr1 <Iii/ b/ 152/ u/O/? ul &.lk 534 '16 6664& v l!w=pt&c at =Jack' a Boathous0&:>0"1rc h=, , .
130/'HEi-=IARTMtlN'!' OF THE INTERIOR .. f'.'wd: Carol - couplo of
I baliew Stew has emailed you about Jack's. Sony for any misunderstanding. I only attended the meeting with
Jon to report about what had already transpired. As mentioned, the region will handle it going forward.
I am sure we will be talking tomorrow about video. FYI, I haw inaugural command meeting morning from
8-9, a conferonce call with !ha PIG at 9:30, a meeting with the social mGdia team at 10 am and a ROC drill for
the inauguration from noon to 5 out at Fort Meyer.
On Wed, Jan 9, 2013 at 1:55 PM, Waldron, Suzanne __ waldron@nps.gov.> wrote:
Just circling back on this ... if the intent is to release the RFQ, letter to Mr. Simkin, and news
release tomorrow, we Mod the draft now as many eyes will to sea it before it goos out the door.
Also, Peggy asked this morning about the comms plan for WAMO scaffolding, and I gat11or from David !h[lt
Carol has pending media questions on turf. This too will need review in WASO baforo discussed with media.
Thanks - I'm in meetings this afternoon from 3-5 and David is leaving shortly so understanding when we can
expect stuff would be 'klry helpful!
ThaflkS!
Sue
---- Forwarded message----
From: Barna, David <david .. barn8@nps.goV>
Date: Wed, Jan 9, 2013 at 1 :05 PM
To: Suzanne Waldron <sue __,walclron@nps.gov.>
------ Forwarded message
From: Barna, David <david.barna@nps.gov.>
Dato: Wed, Jan 9, 2013 at 9:40 AM
To: Carol Jotlnson <Garol ... _b...Johnson@nps.nov.>
Cc: David Barna <clavid __ brnna@nps.[Jov.>, Jeffrey Olson <jeffrey. __olson@nps.goV>
:)
David
t tps ://mall. googlo. com/ m ,;111/ bl 152/u/O/ ?ui=2&iK =r S:l4 7666 64&. v li;iw=pt&cal =J 's flO(ll ho us e&s earth= ...
130/'K!JEPARTMEN t OF THE INTERIOR Mall FW(t: of
Dt:lvicl
Chief Spokesmrn1
Sue Waldron
Assistant Director,
Park Service
(202) 208-3046
Visit us at www.nps.oov
The National Park Service ca1es for special places saved by tho American people so that all may experience
heritage.
Officer
NolitJnal Pi:ll'k Sorvici::
Mall
Ol1io Drivr-i, SW
W1i:;hinHtor1, D.C. 2007.4
PIHH\0: 202"7.4 Gt 7()0
S uo Waldron
Assistant Director, Com111unications
(202) 20B-'304El
The National Park Service cares for special places s<ived by n1e American people so that all may experience our
heritage.
Comrn11r1i(;;:ilion:.-; Officer
P<.Hk Servi co
Mall (l(l(t Milr'rlOd<.il Pc:Hl<S
t t p:;: // rn <.111. G om/mail/ b/ 152/li/O/ =f 534 768664 &v IOW""PI &c f.!1=J1;1c k ':; llOllS earc h= ..
"J1;1.ok& - DRAFT rol8EISti and polnls
-

'
Jacks - DRAFT news release and facts/talking points
Murnrnart, Jennifer <jennifer_murnrnart@nps.gov> Thu, Jan 10, 2013 at 11:33 AM
To: Ste"l Whitesell <Stew ... Whitesell@nps.gov>, Lisa Mendelson <lisa_mondclson-ielmini@nps.gov>
Hi Ste\<l and Lisa,
I know this will likely need to be revised, but jL1st wanted to send you this so you ha"l somothing! Note that I am
looking for more information for the facts/TPs (that I would also Lise in the news release).
See what you think, please.
Jennifer
Jennifer Mummart
(202) 619"7174
www.nps.gov
The National Park Service cares for special places sa"ld by the American people so that all may experience our
heritage.
2 attachments
Jacks Boathouse Fact Shoot 1-10-13.docx

21K
:@.) News Release Jacks.docx
49K
t t ps : ff mail. google. com/ m al lfbf 1 !i2fuf Of?ui=2&ik =f 534 768664&\/ lew=pt&c <l\ f:I earc h= ...
130/14 DEPARlMENT Of
1
lHt'. - Fln,::il
Final draft
Mendelson, Lisa <lisa_mendelson-ielmini@nps.gov.> Thu, Jan 10, 2013 at 11:15 AM
To: Tara Morrison <tara_morrison@nps.gov.>, Ste"" LeBol <Ste'Al .... LeBel@nps.gov.>, Elizabeth Tinker
<liz_tinker@nps.gov.>, Jennifer Mummart <Jennifer_Murnmart@nps.gov.>, Ste"" Whitesell
<stove .... whltosoll@nps.gov.>
This is the dr<1ft (11:15 am 1/19/13 'Alrsion) that Steve will use for to SOL and NPF. Ploaso do not
c.lrculate further until we get to final so we can be sure we are working from the same draft.
We'"" eliminated of the word lease in this document to awid confusion, except to characterize tho NPF as
the lessor.
Please stand by for upd<1tes i1s we ha'Al them, ancl many thanks to all for your assistance on this.
-Lisa
Lisa .1l'ft!tUlefson-le/1nini, 11.1('.P
Deputy
Nntio11at Park Scrvic:G
2()]. .. (\] 9 .. 70'.23 ()
202<'.97-lJ.l8 cell
i@ 2013 01 10 NewSimkinletter Current Draft.docx
16K
ps: 11m(Iii.0000 le.com Im <.1111 bl 1521 ul =r 534 76ll!J64& v i(JW=pt&ctit =J tick s Bo tit hou:su&::>c<.1rc h = .. 111
(b) (5)
130/14

'
Re: Carol couple of things
Mummart, Jennifer <jennifer_mummart@nps.gov> Thu, Jan 10, 2013 at 10:47 AM
To: "Waldron, SuzanrHJ" <sue_waldron@nps.gov>
Cc: "Johnson, Carol" <carol_bjohnson@nps.gov>, Ste-.eWhitesell<Ste-.e_Whitesell@nps.gov>, Lisa Mendelson
<lisa""mondolson-ielmini@nps.gov>, Da\id Barna <Da\id ..... Barna@nps.gov>, Jeffrey Olson <Jeffrey_ Olson@nps.gov>,
Maureen Foster <Maureen ...,.Foster@nps.gov>, Peggy O'Dell <Peggy_O'Doll@nps.gov>
As mentioned, I am working on the Jack's materials, but none of it is ready for rel.iew here yet.
Jennifer Mummart
(202) 619-7174
www.nps.gov
The National Park Ser\ice cares for special places sa-.ed by the American people so that all may experience our
heritage.
On Thu, Jan 10, 2013 at 10:36 AM, Waldron, Suzanne <sue_waldron@nps.oov> wrote:
Carol:
Sorry ha..e been in meetings since 8 am;
On inaugural issues: Thanks for cancelling the two inter\iews: seems like we should not be doing inter\iews
until we haw an agreed upon statement on turf and scaffolding. If you can send that to us, I will happily run it
thru all of the traps here! Also, are you coordinating with the JIC Com ms folks on all inter\iews? Do not want
them surprised. To ensure we are all on same page: you, as either the Mall or NPS inaugural PIO will be
handling inquiries about those acti"1ties right? Stew's note last night suggested that NCR staffing le-.els being
what they are, he was hoping my office could handle that.
On Jacks: Will wait to hear from Jennifer/NCR on the materials for re\iew here.
If we could get an idea of when to expect things, I can giw people a heads up.
thanks
sue
On Thu, Jan 10, 2013 at 12:10 AM, Johnson, Carol <c;Jrol_b_johnBon@nps.gov> wrote:
Sue,
l'-.e been pretty tied up, and before I saw your email, I had scheduled an inter"1ew with Mike Ruane to talk
tips ://m<:1i!.gooo10.com/malllb/ 1f;.},/'t,J/017u!=2&1k=f534 "/60664{1..v lew=pt&cat=Jack's ... 114
13Q/1'1DEPARTMENT ()F INTERIOR M<iil Ro: of thing:;
turf. Discussed it with Bob and Ste;e, and gi;en your request to clear talking points before we talk to the
media, we thought the best course was to tell Ruane that we can't do the inter.iew and reschedule after after
we ha;e talking points cleared by offico. I will call him in tt10 morning to cancel.
I also ha;e John Stanwich scheduled for an inter.iew with CNN to talk about inauguration preparations that
could include turf questions. Should I cancel that as well?
lnt0Mews were scheduled for 9:15 (CNN) and 9:30 (Post).
I beliew Sto;e has emailed you about Jack's. Sorry for any misunderstanding. I only attended the rrwoting
with Jon to report about what had already transpired. As Ste;e mentioned, the region will handle it going
forward.
I am sure we will be talking tomorrow about video. FYI. I ha;e inaugural command meeting every morning
from 8-9, a conternnce call with the PIC at 9:30, a meeting with the social media team at 10 am and a ROC
drill for tho inauguration from noon to 5 out at Fort Meyor.
On Wed, Jan 9, 2013 at 1:55 PM, Waldron, Suzanne <su0. __waldron@nps.nov> wrote:
Carol/Stow: Just circling back on this ... ifthe intent Is to release the RFQ, letter to Mr. Simkin, and news
release tomorrow, we need the draft now as many eyes will ha<ll to see it before it goes out the door.
Also, Peggy asked this morning about the comms plan ror WAMO scaffolding, and I gather from David
that Carol has pending media questions on turf. This too will need review in WASO before discussed with
media.
Thanks - I'm in meetings this afternoon from 3-5 and David is leaving shortly so understanding when we
can expect stuff would be wry helpful I
Thanks!
Sue
--- Forwarded message --------
From: Barna, David <davicl __ barna@nps.oov>
To: Suzanne Waldron <sue_wrildron@nps.(1ov>
----- Forwarded message ---------
To: Carol Johnson <cmol __ bjohnson@nps.gov>
Cc: David Barna <dnvicl_barnt1@nps.gov>, Jeffrey Olson _plson@nps.gov>
l \ps: //mall. gooolo. com/mall/ b/ 152/u/O/'hi l::i2 &lk mf 768664& v =Jack's Bo<.1 t llow:: e &search= ...
2/4
130114DE:PAR.TMENT OF THE Mall - Rl: Carol - CIJuplo of lhlng!:I
: )
David
8k)rnn
Chier Spokesman
Sue Waldron
National P<irk Ser"1ce
(202) 208-3046
Visit us at www.nps.nov
The National Park Service cares for special places sa1.<1(J by the Amorican people so that all rnay
0xporience our heritc19e.
Officer
Park
N1.11ion1i! M1.1ll Momori<i!
Ohio D11vc, SW
D.C. 2Cl024
PhorH:i: 202-2tf5-4100
Sue Waldron
Assistm1t Director, Communications
National Park Ser"1ce
. (202) 208-3046
The National Park Sor\licc cares for special places sa'-">d by the American people so that till may experience
l l rs: 11m i:il I ,goog le.com/mail/ bl 1 5'/./ ulO/ "'2&1k =f 534 768664&v lowr.irt &c <.1t =Jack s BoalhQus o&!:I ... 314
1301111DEPAR.TMENT OF THE - Ra: Carol - couplo of thing:;

.
.
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Waldron, Suzanne <sue_waldron@nps.gov> Thu, Jan 10, 2013 at 10:36 AM
To: "Johnson, Carol" <carol._bjohnson@nps.gov>
Cc: Ste\ Whitesell <Ste\e_Whitesell@nps.gov>, Lisa Mendelson <lisa_mendelson"ielmlni@nps.gov>, Jennifer
Mumm11rt <jcnnlfer_Mummart@nps.gov>, Da\id Barna <Da\id_Barna@nps.gov>, Jeffrey Olson
<Jeffrey_Olson@nps.gov>, Maureen Foster <Maureen_Foster@nps.gov>, Peggy O'Dell <Peggy.,9D0ll@nps.gov>
Carol:
Sorry haw been in meetings since 8 am;
On inaugural issues: Thanks for cancelling the two in\er,iews; seems like we should not be doing inter,iews until
we ha\ an agrned upon statement on turf and scaffolding. If you can send that to us, I will happily run It thru all
of tho traps here! Also, are yol1 coordinating with the JIG Comms folks on all inter,iews? Do not w<mt them
surprised. To ensure we are all on same page: you, as eitt1er the Mall or NPS inaugural PIO will be handling
inquiries about those acti,,;ties right? Ste\e's note last night suggested that NCR staffing le\els being what thoy
are, he was hoping my office handle that.
On Jacks: Will wait to hear from Jennifer/NCR on the materials for re,,;ew here.
If we could get an idea of whon to expect things, I can gi\ people a heads up.
thanks
sue
On Thu, Jan 10, 2013 at 12:10 AM, Johnson, Carol <carol ..... b ..,.,iot111son@nps.,1ov> wrote:
Sue,
I'\ been pretty tied up, and before I saw your email, I had scheduled an inter,iew with Mike Ruane to talk turf.
Discussed it with Bob and Ste\, and gi\en your request to clear talking points before we talk to the media, we
thought the best course was to tell Ruane that we can't do the inter,iew and reschedule alter after we ha\
talking points cleared by your office. I will call him in the morning to cancel.
I also haw John Stanwich scheduled for an int0r,iew with CNN to talk about inauguration preparations that
could Include turf questions. Should I cancel that as well?
lnter,iews were scheduled for 9:15 (CNN) and 9:30 (Post).
I belie\ Ste\ has emailed you about Jack's. Sorry for any misunderstanding. I only attended the mooting with
Jon to report about what had already transpired. As Ste\ mentioned, th0 region will handle it going foiward.
I am sure we will be talking tomorrow about ,,;deo. FYI, I ha\ inaugural command meeting e\ery morning from
e.9, a conference call with the PIG at 9:30, a rne0ting with the social media team at 10 am and a ROG drill for
the inauguration from noon to 5 out at Fort Meyer.
-C
On Wed, Jan 9, 2013 at 1:55 PM, Waldron, Suzanne <suo.,,waldron@nps.gov> wrote:
l t ps :I I google. com/mail/ bl 152/ u/O/'?ul=2 &lk 534 /6S664&v al=J c1i:; k' $ Bo-<1\hOll!iH'l&s earc h= . .. 113
130/1/IDEPARTMENT THf. INTERIOR M<.1i! Ro: C<1rol - couple of things
Cmol/Steve: Just circling back on this ... if the intent is to release tho RFO, letter to Mr. Simkin, and news
roloase tomorrow, we need the draft now as many eyes will ha1e to see it before It goes out the door.
Please ad\ise on your status with this.
Also, Peggy asked this morning about the comms plan for WAMO scaffolding, and I gath0r from Da\id that
Carol has pending media questions on turf. This too will need re\.iew in WASO before discussed with media.
Thanks - I'm in meetings this afternoon from 3-5 and Da\id is lea\ing shortly so understanding when we can
expect stuff would be wry helpful!
Thanks I
Sue
--------- Forwarded message ---
From: Barna, David <da\id_barna<i:!?nps.gov>
Sl1bject: Fwd: Carol - couple of things
To: Suzanne Waldron <suo._,.waldron@nps.gov>
From: Barna, David <cli>\id __barrm@nps.(JOv>
To: Carol Johnson :arol_b __ johnson@nps.(JOv>
Cc: Da\.id Barna <cla\id ___barna@nps.rJov>, Jeffrey Olson <jeffrey_ olson@nps.gov>
: )
David
Da\id
Chief Spokesman
Park Ser<ice
!I ps : I I rn<.111. c;om Im all/ b/ 152/ Ll/O/?ul "12 &lk ;:;f 5311768664& \/ IOW"' pt &c :;:Jack's Bo<.l\ hOllS e&!! ean;: h= ...
213
130/14 CEPARTMENT OF l'tlf.'. M1lll - Re: J<1ck's Lotter
Re: Jack's Letter
Mendelson, Lisa <lisa_mendelsonielmini@nps.goV>
To: "Whitesell, Ste"'" <stel.<l_.whitesell@nps.goV>
Ancl I corrected some spelling so here's the latest latest---
Thu, Jan 10, 2013 at 10:20 AM
fyi I had earlier asked Lebel and Tara to let llS know how to characterize the lease - I've seen it
referred to a number of different ways.
We could use "Baxter least of 1973 as amended" which might be the cleanest ...
JMUM has this 9 am 1/10 staff draft version for her use in crafting.
f.isir 11"/ i'l111i ni, ,.t/ (.'p
Deputy Reg io11n!
National
202-(> 19-'/02.l o !lice
]()2 .. ]C)7. J.1.18 cell
On Thu, Jan 10, 2013 at 8:02 AM, Whitesell, Ste'.l'l <slove __ whilesell@nps.goV> wrote:
I added a rew minor tweaks.
2013 01 10 NewSimkinletter Currant Draft.docx
17K
t ps: // m !lJI, google. com/ m ai!I bl 1 521 u/0/7 ul =2&ik =( 534 761J664&v low=pt J s f;lo1ll house&saarch = ...
(b) (5)
130114 DEPAHlMf,NT OF THE INTERIOR Mall .. Col> (Jack ormits

.
Re: Coe dock permits
Lisa Mendelsonlelmini <lisa_mendelson-ielmini@nps.gov>
To: "Woodbury, Brian" <brian_woodbury@nps.gov>
Cc: "Doug_Jacobs@nps.gov' <Doug_)acobs@nps.gov>
Thu, Jan 10, 2013 at 8:43 AM
Thanks much, the issues are still quite germane and inlront of us so any/all info will be of use.
Lisa
Sent \.1a IPad ......
On Jan 10, 2013, at 8:13 AM, "Woodbury, Brian" <tJrian ... woodbury@nps.gov> wrote:
Hi Lisa
I realize that your meeting has passed but still wanted to giw you an update.
Unfortunately, Kathy Anderson, Chief of the Regl1latory Branch for the Baltimore District has been
out with the nu howo>&r I spoke with her assistant yesterday and she updated me on the progress.
USACE has requested the specific flies (Jack's & Washington Canoe Club) from its archlws. The
Jack's boat house file has been returned and needs to be re\.1ewed. The Washington Canoe Club
file has not come back from the Archiws yet.
I will forward the information about both of these locations as soon as I recell<'l It.
On Mon, Jan 7, 2013 at 5:20 PM, <lis<> .. .rnendolson-ielrnini@nps.9ov> wrote:
Hi,
Just wanted to check back to see if we'w heard back from COE - Ste"" and I haw a mtg w
waso midday tomorrow and our understanding of the status of the dock will be an important
component of the discussion.
National Park Sef'Ace
202-297-1338 cell
202-6197023 office
l t ps: // rn al I, go ogle. com/mail/bl 1 52/u/O/ ?ul ;!2 8.,lk ;:;f $31\ 7G8664&v lew=pl &cal ::ic k's So:;it ho us B&Sll<:irt ..
130114 DEPARTMENT Ort THE INTf.RIOR Mall - Re: Coo dock parmlls
8rian M. Woodbury
Chief of Lrn1ds
National Pmk Sor"1ce" National CapilHI Region
1100 Ohio Oril<J, SW
(202) 619' '7034
brian ..woodbury@nps. oov
\ t p:; :// m Olli. l(l, com I mail/bl 1521 u/01? lilf 534 768664& v low=J)t&c <it :-1J <ic k' 5 13oat ho us o8.$CJ<irc , ,
2f2
130(11\

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'

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DEPARTMENT OF THE M8il - Jack':; LQHOr
Jack's Letter
Whitosoll, Steve <ste'A'l'".whitesell@nps.gov>
To: Lisa_ Mendelson-i0lrnini <Lisa _Mendolson-ielrnini@nps.gov>
I added a few minor tweaks.
Thu, Jan 10, 2013 at 8:02 AM
l.ifil 2013 01 09 NewSlmkinletter LM comments no track changes JMurnSEW.docx
17K
t tps : 11rn all, gaogla. comf m bl 15'2.llilOI? u 1;::2&ik =f 534 75861:14 & v lew;:pt&cat =Jack'$ Boat a&s i;iarch = ... 111
Mr. Paul Simkin
Dear Mr. Simkin:
National Park Service Director Jonathan Jarvis asked the Nation<il Capital Region to withhold further
action on the termination of the Jack's LLC lease until he had the opportunity to review the issue and
determine the best course of action for providing non-motorized boat rental and storage services in the
Georgetown area. That review is now complete, and the decision has been made to allow you to
continue operations under the terms and conditions of the current lease consistent with Nation<1l Park
Service laws and policies related to operations on park lands reg,1rdlng safety, health, environmental
requirements and stewardship of park resources, until such time as a new concession contract is issued.
Accordingly, I am rescinding my letter to you of December 18, 2012. The National Park Foundation,
theleasor, concurs with this action.
The N<ltional Park Service will release a Request for Qualifications (RFQ) for non"motorized boat rental
and storage services at or near the location of Jack's LLC. We will evaluate all responses, including yours
should you wish to submit a proposal, in a fair and consistent fashion to ascertain which best responds
to the RFQ and meets the requirements of the contract.
Upon selection of the new operator, we will notify you as to our requirements for the orderly transition
from the current lease to that of the selected concessioner. If you are the selectee, the transition
should be relatively seamless. However, should we select a different operator you would need to
remove all personal property including, but not limited to, all rental and stored equipment, your dock,
and the shed you use to conduct operations. In either case, a minimum of thirty days prior to the
transition, you will be notified that the current lease is being terminated and a new concession
operation put in its place.
If you have ;my questions, please contact Deputy Associate Regional Director Steve LeBel at (202) 619
7072.
Sincerely,
Regional Director
(b) (6)
(b) (6)
'13ErtilR1'Mf:!NT OF INTERIOR Mall Wl)'f I -- I lovo kayziklntJ

.

'
Why I signed -- I love kayaking and
<mtlil@change.org>
To: Ste"3_,Whitesell@nps.gov
Dear Ste"" Whitesell, Regional Director (National Park Servco),
Thu, Jan 10, 2013 at 12:52 AM
I just signed Jesse B Rauch's petition "National Pmk Service: SnV<"1 Jack's Bout11ousfl from Closure!" on
Change.mg.
I lo"' kayaking and relaxing hero. Can't belie\e its just in DC. E\ery summer I look forward to kayaking out of
Jack's.
--
alexandria, Virginia
http: I /www' c h;:.l nge. orq/ pet it.ions/ nA l ional-park-servi ceNs ave-Jae k-s-boathous enfron1-c los uro?rcs ponse ...,,
f>'
2%27107fo70 1!J
tv\>1iling adaross: Chonge.org. 216 West 104th Stroot, Suite #130, New York, NY 10025. USA
t lp$: 11 m au' googl11, GO ml mail/ bl 1521 u/0/ '? &lk rJf 534 76a664& v iew=t&cat ::j k's Boal house &soarc h= ... 111
1'.j0/14 DEPAHTMENT QF THE !NTERIOH Mt1ll - Re: Jack's

'
Re: Jack's
Tara Morrison <tara_morrison@nps.gov.> Wed, Jan 9, 2013 at 7:45 PM
To: Judy Bowman <judy_bowman@nps.()O'/.>
Cc: Stew Whitesell <Stew_Whitesell@g-nps.doi.gov.>, Lisa .. Mendelson-ielrninl <Lisa_Mendelson-lelrnini@nps.gov.>
Thanks Judy. thanks to Nancie for montioning my meeting with her:-)
You'wi got to think about 'big things' while you are doing small things so that all the small things go in the right
direction. -- Al-.in Tomer
On Jan 8, 2013, at 12:26 PM, "Whitesell, Ste\e" <st0""---whites011(\_i)nps.gov.> wrote:
Tara,
I'm sorry, I thought you were included in the email about this meeting that cmne up late yesterday.
II.le just now got on the computer to check on things.
Judy
----- Forwarded message ------
From: Carol Johnson <carol ___b __ johnson@nps.gov.>
Date: Mon, Jan 7, 2013 at 8:43 PM
Subject: Re: Jack's
To: Stew Whitesell <stovo ___wl1itesell@nps.9ov.>
I'll be there with bells on
Sent from my IPhone
On Jan 7, 2013, at 8:40 PM, Ste"" Whitesell <ste.,,,, __ whilosell@nps.gov.> wrote:
> We're meeting with Jon tomorrow at 1. Hopefully Judy extended an in-.itation to you. We'll lea;u
the Regional Office around 12:30 if you're able to join us.
>
> Sent from my iPad
l tps: 11m <111. google. com/mall/bl 15'2.I ulOI ?ul 11?, l!.lk ;::f 534 768664&.v =Jack's Boalhou!')e h= ...

OF 1"1-lt! Mail - Ro: couple of things

'

Waldron, Suzanne <sue .... waldron@nps.goV> W0d, Jan 9, 2013 at 6:28 PM
To: Carol B Johnson <Carol_B_Johnson@nps.goV>
Cc: Ste"' Whitesell <Ste"3_Whitesell@nps.goV>, Lisa Mendelson <lisa_mendelson-ielmini@nps.goV>, Jennifer
Mummart <jennifer_Mummmt@nps.goV>, David Barna <David_Barna@nps.gov>, Jeffrey Olson
<Jeffrey_Olson@nps.gov>, Maureen Foster <Maurcen_Foster@nps.goV>, Peggy O'Dell <Pcggy_O'Dell@nps.goV>
Hi all:
Just checked with Jon, Peggy, and Maureen to see If they had recei"3d any of the documents for the proposed
release of the RFQ tomorrow on Jacks Boathouse (RFQ, letter to Mr.Simkin, draft release, talking points/Q&A).
Nobody has seen anything, so just coming back to you all for a status check of all of this.
Also looking for info on WAMO scaffolding <ind turf.
Anything you can share about when we should expect stuff would be welcome.
Thanks
sue
On Wed, Jan 9, 2013 at 1:55 PM, Waldron, Suzanne <sue ___walclron@nps.(JOV> wrote:
Carol/Ste"3: Just circling back on this ... if the intent is to release the RFQ, letter to Mr. Simkin, and news
release tomorrow, we noed the draft now as many eyes will ha"3 to see it before it goes out the door. Please
advise on your status with this.
Also, Peggy asked this morning about the cornrns plan for WAMO scaffolding, and I gather from David that
Carol has pending media questions on turf. This too will need review in WASO before discussed with media.
Thanks - I'm in meetings this anernoon from 3-5 and David is leaving shortly so linderstanding when we can
expect stuff would lie "3ry helpful I
Thanks!
Suo
----- Forwarded message -------
From: Barna, David <clsvid .. _barrm@nps.goV>
Date: Wed, Jan 9, 2013 at 1 :05 PM
To: Suzanne Waldron <sue_w<lldrnn1@nps.goV>
------ Forwarded message ---------
113
IJ0/141)E!if1fl. TMENT OF THE Mall - Re: Carol COl!J.)lfJ Qf things
From: Barna, David <david ___ barnc1@nps.,1ov>
Carol Of things
To: Carol Johnson <carol_,.,b . .,.iol1nson@nps.nov>
Cc: Da>.id Barna <clavid ___ banw@nps.gov>, Jeffrey Olson <joffroy ___ olson@nps.gov>
We want to see a draft release on jack's boathouse (today if possible) and what
you plan to say on the Washington Monument and turf grass issues before you
get or return media calls.
:)
David
David
Chief Spol<esman
Sue Waldron
N<Jtional Park Service
(202) 208-3046
The Nationnl Park Service cmos for special places sawd by the American people so that all may experionco
our
EXPERIE.NCE YOUR AMERICA
Sue Waldron
National Park Se1;ice
(202) 208-3046
Tho National Park Service cares for special places sawd by the American people so that all may experience our
heriti;:lge.
t I p!I :/I m.al_I. goag l<:l. com/mall/ b/ 1 f)2/ u/01? ui=2&1k ::.1f 768664& v !ow=pt&c i;it -.Jack's Boal ho us e&s oarch= ...
2/:J
(b) (6)
(b) (6)
(b) (6)
(b) (6)
(b) (6)
fMEN'I' QF THE INTERIOR Mail Ru: New Letkir lo P<.1UI Shnk!n

'
'

'
Re: Proposed New Letter to Paul Simkin
Mummart, Jennifer <jennifer_mummart@nps.gov>
To: "Mondolson, Lisa" <lisa_mendelson-ielmini@nps.gov>
Cc: Ste1.e Whitesell <Sto"3_Whitesell@nps.gov>
Jennifer Mum mart
(202) 619-7174

Wed, Jan 9, 2013 at 4:37 PM
The National Park Service cares for special places sa1.ed by the American people so that all may experience our
heritage.
E><PERIENCE YOUR AMERICA
On Wed, Jan 9, 2013 at 3:38 PM, Mendelson, Lisa <lisa_mendelson-ielmini@nps.[JOv> wrote:
Here's the letter as it currently stands, we'd appreciate it if you could all read again and offer your
comments/edits/ or e'9n better, concurrence.
It's not in track changes because we made a number of alterations and want folks to read it in its entirety :)
Would \01.e to hear from you ASAP. Please be sure to copy both Ste\9 and me as my work iPhone is not
working. You can use my personal cell if you need to call @ 703-785-4723.
Thanks much, lis11
L/,,a ,1/('l'
Hcgil)nal [)irecto1
Nati(lnal Park Service
202-619-70:n o rt ice
20:!-/.97-13.)8 cc II
On Wed, Jan 9, 2013 at 8:36 AM, Whitesell, Ste-.e <ste'9_whitesell@nps.gov> wrote:
Pursuant to our meeting yesterday with the Director, attached is the letter I propose to send to Paul Simkin.
Please read carefully for detail and make any recommendations for change. nme is of the essence so
please get back to me ASAP. Once we ha"' polished, I will forward for solicitor review.
ti P!?; 11 mail. googlo. corn/ m ti!l/b/ 1 62/ u/O/ ?ui=2&1k =f 534 768664 & v lew=pt&cal =J <IC k's Boal hausa&searc ll", . ,

1!4ff.Nff OF THE INTERIOR Mcil\" Proposed New ll;)tlOr 1(1 f'.'<1l1! Simkin
As we the press briefing, RAQs and other supporting material will noed to be consistent with this
letter and embolllsh where necessary. So think through those issues in the o;fjnt we need clarification or
alignment.
Thanks to all for bearing up under these conditions. I see light at the end of the tunnel tho1Jgh admittedly it
could be a train.
ii!JI 2013 01 09 NewSimkinlettor LM comments no track changes JMum.docx
=.J 16K
l t ps : If m :;ii!. googlu. com I ffiJI lfbf 1 f,2/ufOf?u i=2&1K =f 5.34 '/60664 8. v iew=pt &c <.it <lC k Boal hou:s o&:; Ccirc , ,
2/2
Mr. Paul Simkin
Dear Mr. Simkin:
National Park Service Director .Jonathan Jarvis asked the National Capital Region to withhold further
action on the termination of the Jack's LLC lease until he had the opportunity to review the issue and
determine the best course of action for providing non-motorized boat rental and storage services in the
Georgetown area. That review is now complete, and the decision has been made to allow you to
continue operations under the terms and conditions of your current lease consistent with National Park
Service laws and policies related to operations on park lands regarding safety, health, environmental
requirements and stewardship of park resources, until such time as a new concession contract is issued.
Accordingly, I am rescinding my letter to you of December 18, 2012. The National Park Foundation, the
leaseholder, concurs with this action.
The National Park Service will release a Request for Qualifications (RFQ) for non-motorized boat rental
and storage services at or near the location of Jack's LLC. We will evaluate all responses, including yours
should you wish to submit a proposal, In a fair and consistent fashion to ascertain which responds to the
RFQ and meets the requirements of the contract.
Upon selection of the new operator, we will notify you as to our requirements for the orderly transition
from your current lease to that of the selected concessioner. If you are the selectee, the transition
should be relatively seamless. However, should we select a different operator you would need to
remove all personal property including, but not limited to, all rental and stored equipment, your dock,
and the shed you use to conduct operations. In either case, you will be notified that your current lease
is being terminated and a new concession operation put in its place a minimum of thirty days prior to
the transition.
If you have any questions, please contact Deputy Associate Regional Director Steve Le Bel at (202) 619
7072.
Sincerely,
Regional Director
OF THE INTERIOR M<i!I - FVV<t: C(IUplc (!f

'

'
Fwd: Carol - couple of things
Waldron, Suzanne <su0_,waldron@nps.gow Wed, Jan 9, 2013 at 1:55 PM
To: Carol B Johnson <Carol_B_Johnson@nps.gow
Cc: StelR Whitesell <Ste1R_Whitesell@nps.gow, Lisa Mendelson <lisa_mendelson-iolmini@nps.gow, Jennifer
Mummart <jennifer_Mummmt@nps.goV>, David Barna <David_Barnn@nps.gow, Jeffrey Olson
<Jeffrey __ Olson@nps.gow, Maureen Foster <Malireen_Fost0r@nps .gow, Peggy O'Dell <Peggy
Carol/Stew: Just circling back on this ... ifthe intent is to release the RFO, letter to Mr. Simkin, and news
release tomorrow, we need the draa now as many eyes will halR to see it before it goes out the door. Please
advise on your status with this.
Also, Peggy asked this morning about the comms plan for WAMO scaffolding, and I gather from David that Carol
has pending media questions on turf. This too will need review in WASO before discussed with media.
Thanks - I'm in meetings this afternoon from 3-5 and David is leaving shortly so understanding when we can
expect stuff would be wry h0lpful!
Thanks!
Sue
message----
From: Barna, David <cl<.lvid __ barna@nps.gow
To: Suzanne Waldron <sue ___wnlclron@nps.9ow
------- Forwarded massage ----------
From: Barna, David :lcilid ___IJarna@nps.qow
Subject Carol - couple of things
To: Carol Johnson <umJl ___bjohnson@nps.gow
Cc: David Barna <clavid _b<irri<1@nps. uow, JGffroy Olson <jeffrey __ .olson@nps. oow
We want to see a draft release on jack's boathouse (today if possible) and what
you plan to say on the Washington Monument and turf grass issues before you
get or return media calls.
tt //mall. goog la. com/mail/ bl 152/ u/O/? 534168661\.& v iew=pt&cal =J <.1c k' J.; aarc h= ...
1/2
()P THE INTERIOR Mail - Fwd: .. couple lh!ngs
: )
David
David Barna
Chief Spokosnwn
Nalional Pnt'k Service
Sue W alclron
Assistant Director,
National Pml< Sor'1co
(202) 20B-3046
The Natiorml Park SerAce cares for special places sawcl by the American people so that all may experience our
horita(:J(J.
D:PERIENCE YOUR AMERICA
It ps : //mall. com/ m 1 b:l/ 1,1/0/ ?ul=2&1k =f 534 768664&v &c l;ll ;;iJ s Boat ho us o&:J o<.1rc , ,
OF THE M<1ll "Fwd: Copy of RFQ? - boat oeratiori
---

'
Fwd: Copy of RFQ? - boat operation
Morrison, Tara <tara_morrison@nps.gov.> Tue, Jan 8, 2013 at 3:05 PM
To: Ste\e Whitesell <ste'1l_whitesell@nps.gov.>, Lisa Mendelson <lisa_mendelson-ielmini@nps.goV>, Lena
McDowall <lena_mcdowall@nps.gov.>
Please see below.
Tara
From: Tinker, Elizabeth <liz . .Jinkor@nps.gol/:>
Date: Tue, Jan 8, 2013 at 3:00 PM
Subject: Re: Copy of RFQ?
To:
11
DeCramer, Carissa" <cc1risSc\,.} ..
Cc: Tara Morrison <Tarn .... Morrison@nps.901,1;>
Sure, RFQ is attached along with the FedBizOps,TC, and Financial Table
(Appendix A). Let me know if you need anything else.
Thanks,
Liz
On Tue, Jan 8, 2013 at 2:41 PM, DoCramer, Carissa
<carissa .. wrote:
> Liz,
>
> Do you ha"' a copy of tho RFQ for Jack's? Could you email Tara & I a copy?
>Thanks
>
> Carissa DeCramm
> Administrative Officer
> Rock Creek Park
> 202-895-6003 (w)
> 202-359-2479 (c)
Liz Tinker,
Concessions Mana(lornonl Specialist
National Park Sor>ice-National Capital Region-Omcc of Business Ser>ices
1100 Ohio Dri'1l, SW
O: 202-619-7404
C: 202-558804?.
t tps: I Im ail. goog le. COIT\/ m QI I/bl\ ti21 u/O/ ?u l:;:,2&ik =f 534 76B664&v IOW" ))t &c ;:11 ;1J ac k' !I Boal hou:; o&:<.> Ocirct1
11
,
112
OF THE INTERIOR Mall - Fw(l: CoJ)y of HFQ? - oporation
Tara D. Morrison
Superintendent
Roc;k Creek Park
202-8956004
4 attachments
i!fil 12.10.12 FedBizOps Notlce.docx
16K
l@J Appendix A Financial Tables.xis
154K
tJ Request For Qualifications.pdf
174K
tJ TCROCR00412 Draft Contract.pdf
931K
ttp!l ://ma!l.googl0.corn/rn<iil/b/ 768664&v Bo:;1thousei&search= .. ,
aggregate.
Service in 1999.
concessioner.
PRlb.11001 Prim S:r)' Selection Factor 4 Question Acquisiton: and Start-Up
Company Name (Insert Respondent's Name}
CONCID (Specify TC-ROCR004-12)
Acqiiisition and Start-Up Costs I
All .amounts should be sf3ted in 2012 dolians. All items must foot to Statemenf of Cash FJoviS.
Coh.imnA
- ---
Column B
- ---- - Sum of Column A ar::d B
- -- -- - ---- --- -
I
New
PERSONALPROPERlT'INVESTMENTS Existina (Lease, New) Total Basis cf Estimate (2)
Boa:s arid doubte, canoes, standup pc $ $ s
Furniture, Fixtures, and Eqlllprnent s s s
Other (specify) s s s
Total Persona! Property s $ ,S
REALPROPERlT'!NVESTMENTS
Omer (specify) I S I S I S I I
Total Real Property S S S i
WORKING CAPITAL<':
!S
Ii
I I

T ala.I Cap1ta[
Other {specify) $ s s
TOTAL INVESTMENT s s s
1. S!ate only the amotJnt needed lo commence operations_ Show sub seq L.<en! ctlanges on Statement of Cash Flows.
2. srate clearly the basls f.or your estimate. You may do so in spreadsheet, or 011 a separate sheet shouki )'OlJ need more space.
Page 1 of 1
PRWI001 Primary Facmr 4
Company Name (Insert Respondenfs Name}
CON CID (Specify TC-ROCR004-12)
1 2 3
j()pl>ratiii!l Aisuinptiolls rn I W11 2012 2013 2014 I
Revenue I nfiation
Expense Inflation
Revenue
1. If you use assumptions other than those listed here, clearly st1ow ail assumptfons used in developing rever:ue
Page 1 of 1
Question Assumptions
PRWI001
Company Name
CONCID
I 1 ncome Statement
f ~ O S S REVENUE 1
2
1
Fares
DIRECT EXPENSES
Salaries and Wages
Operating Supplies
Other Expenses
Total VTS Expenses
Total D1rect Expenses
Energy & Utilities
Management Fee
Other (describe)
FIXED CHARGES
Insurance
131
Other Fixed
Total Fixed Charoes
Interest Expense
Depreciation
Amortization
Income Tax
NEI INcOME
Gross Revenue
Gross Receiots
1
'
1
Primary Selection Factor 4
Specify TC"ROCR004-12
Basis of Estimate Ill
Note
( 1)
( 1)
(1)
(1)
(1)
( 1)
( 1)
( 1)
( 1)
( 1)
(1)
(1)
(1)
(1)
( 1)
(1)
(1)
(1)
(1)
(1)
(1)
(1)
From above
11)
Page 1 of 2
2 3
2011 2012 2013 20'14
PRWI001 Primary Selection Factor 4 Question Income Statement
CONCID
2 3
I income Statement Basis of Estimate
1
" 2011 2012 2013 2014
Notes
Page 2 of 2
PRWI001 Primary Selection Factor 4
CONCID Specify TC-ROCR004-12
I Statement of Cash Flows I Basis of Estimate
11
l I
Net Income
Gain/Loss on Sa le of Fixed Assets
Change in Working Capital
Other
Dividend
Proceeds from Loans
Repayment of Loans
Interest
Principle
O!her (describe)
Condition F aci I ity Improvement Program
Pu rcll as es of Assets over the term of the contract
Net cash used in ;nvesting activities
Total Cash Flow
Notes
I Fram the Income Statement I
From !he Income State men!
(1)
(1)
(1)
rn -,
(1}
(1)
(1)
From acq uisi!io n and start-up table
(1)
(1)
(1)
Question Cash Flow
1 2 3
1 _ State clearly the basis for your es ti mate. You may do so in this spreadsheet, or on a separate sheet shou Id you need mo re space.
Page 1 of 1
PRWIOG1 Primary Factor 4
Provide the additional "NC-r'i<sheets. and link as appropriate to the Statement of Cash Income Statement
and Acquisition and S!:art-up Costs Sched ute
1 Payroll and
2 Admlnistratior. and General
3 Depreciation: and .Arn ortization Schedure
5 Working Capltal Assumptions
Page1of1
Question Additio:nal 'V'Jorks h:eets

-
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DEPARTMENT OF THE INTEH!Qfl, Mnll - Fwd: Jack':;
Fwd: Jack's
Whitosoll, Stove <stew_whitesell@nps.gov> Tue, Jan 8, 2013 at 12:26 PM
To: Tara Morrison <tara_morrison@nps.gov>, Stew Whitesell <St01M_Whitesell@g-nps.doi.gov>, Lisa_ Mendelson-
ielmini <Lisa_Mendelson-ielmini@nps.gov>
Tara,
I'm sorry. I thought yol1 were included in the email about this mooting that came llP late yesterday. l'w just now
got on the computer to check on things.
Judy
-------- Forwarded message --------
From: Carol Johnson <caroi._l)jol1nson@nps.gov>
Date: Mon, Jan 7, 2013 at 8:43 PM
Subject: Re: Jack's
To: Stew Whitesell <slovo ... wl1itosell@nps.gov>
I'll be there with belts on
Sent from my iPhone
On Jan 7, 2013, at 8:40 PM. Stew Whitesell <stove.wl1itesell@nps.gov> wrote:
>We're meeting with Jon tomorrow at 1. Hopefully Judy extended an in'-itation to you. We'll leaw the Regional
Office around 12:30 if you're able to join llS.
>
> Sent from my iPad
534 &v lew.,pt&cat=Jack's Boc1thow:.:e&se.;:1rch::;.,. 111
!JW1114- Ro: Roquo:;t by the for a briefing Wo{lri(J:;d<.I'{ ori Jllck'!3 B ...

.

.
Re: Request by the HNRC for a briefing Wednesday on Jack's Boat House
Whitesell, Steve <stow_.whitesell@nps.goV> Tue, Jan 8, 2013 at 8:21 AM
To: "Powell, Christine" <chris_powell@nps.goV>
Cc: Margaret O'Dell <peggy_o'dell@nps.goV>, Peter May <petor_may@nps.goV>, Carol Johnson
<carol_bjohnson@nps.goV>
Chris
We <ire meeting with Jon today to discuss a path forw<1rd. Once that has been dotermined, we will brief you on
the particulars.
On Mon, Jan 7, 2013 at 5:20 PM, Powell, Christine <chris powell@nps.90V> wroto:
I recei>R-d a today from Amelia Jenkins on the democratic staff for a briefing on Wednesday. I'm not
sure who would be the best person to do this briefing, but when I know I can try to
acommodate the appropriate schedules.
I still ha>R- an outstanding request from Norton's office. I ga>R- thorn a briefing last week and they are waiting for
further information/final decision aftor your upcoming internal meetings.
Thanks,
Chris
Sonior Congressional Affairs Specialist
National Park Sor\Ace
Main Interior Buildin(J. 3122
(0) 202-208"3636
(C) 202591-0660
t IP!3 :// m ai I. googlo. com! m nil/ bl 11:i2/ i=2&ik =f 534 760604& v lew;;pt&cat =Jack':> BO<lt earch = ...
111
t'.)0/14 OF THE INTERIOR Mail - Ro: Coo dock pormi\::;
-
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'
Re: Coe dock permits
Whitesell, Steve <ste;u,,.,whltoscll@nps.gov>
To: Lisa Mendolson-lelmini <lisa_mendelson-ielmini@nps.gov>
Tue, Jan 8, 2013 at 7:53 AM
It would se8m that whlche-.er option the Director might choose suffNs the same potential problem of operating
without a COE permit This begs the question of whether we want to include reference in the RFQ about
securing necessary permits or handle the COE permitting oursel\es.
On Tue, Jan 8, 2013 at 7:45 AM, Lisa Mendelson-lelmlnl <Ilsa..rn0n<10lson-ieltnini(@nps.gov> wrote:
Hmmm ., .,
National Park Ser..ice
202-297-1338 cell
202-619-7023 office
From: "Woodbury, Brian" <brian __ woodbury@nps.9ov>
To: Lisa Mendelson-lelminl <lis<1_._rnenclelson-i(,lmini@nps.qov>
Cc: "Jacobs, Douglas" <do1.1g_jacobs@nps.gov>
Subject: Re: Coe dock permits
Here is a list of what they ha,., pro>ided from the database - the list is based on permits issued
in the >icinity of Jacks and the Washington Canoe Club. Thompsons is not on the below list.
We did tell USACE that we are interested in all permits related to our concession operators
along the Potomac but to only focus on Jacks and the Washington Canoe Club for now.
The results for tho Washington Canoe Club (at 3700 Wator Street, N.W.
Washington D.C., 20007) arc:
NAB1975-01462 POTOMAC BOAT TOURS INC
NAB-1989-00658 GEORGE WASHINGTON UNIVERSl1Y
NAB-200802821-M05 Georgetown Waterrront Park/Wisconsin A;unue Terminus
NAB2005-02723 GEORGETOWN UNIVERSITY BOATHOUSE/JD
NAB-1999-00970 GEORGE WASHINGTON UNIVERSl1Y
NAB-2006-00637 GEORGETOWN WATERFRONT PARK
NAB-2006-00662 GEORGETOWN UNIVERSl1Y BANK STABILIZATION
NAB-200cl-01307 31ST STREET BRIDGE PIER REPLACEMENT
NAB-2009-00982B04 Solor Demo
NAB-2005-00759 NATIONAL PARK SERVICE/C&O CANAL REPAIR
t\ps://ma!l.googla. corn/mail/bf 152/llf0/?ul
0
:28.lk11f $34 l6fl664&v i0w=t&c<1l=JucK'ii
'"
130/"ll\ [)f.PARTMENT OF THE INTERIOR Mall - Ro: Coo dock porrnil:;
NAB-2004-0'134;; SWEDISH EMBASSY BANK STABILIZATION
NAB-2006-01232 DDOE-STORMWATER MANAGEMENT DIVISION/TRASH BOOMS
NAB-2006-00902 DCWASAILINGAN ROAD
The results for ,l<Jcks Boat house located at 3500 Water Street Northwest, Washington, DC
2()00'1 were:
NAB-1989-00658 GEORGE WASHINGTON UNIVERSITY
NAB-2006-00637 GEORGETOWN WATERFRONT PARK
NAB-2008-02821-M05 Goorgotown Waterfront Park/Wisconsin A'A'lnue Terminus
NAB-1999-00970 GEORGE WASHINGTON UNIVERSITY
NAB-1975-01462 POTOMAC BOAT TOUF<S INC
NAB-2005-02723 GEORGETOWN UNIVERSITY BOATHOUSE/JO
NAB-2003-01307 31ST STREET BRIDGE PIER REPLACEMENT
NAB-2006-00662 GEORGETOWN UNIVERSITY BANK STABILIZATION
NAB-2009-00902-B04 Solor Domo
NAB-2005-00759 NATIONAL. PARK SERVICE/C&O CANAL REPAIR
NAB-2004-01345 SWEDISH EMBASSY BANK STABILIZATION
NAB-2006-0'1232 DDOE-STORMWATER MANAGEMENT DIVISION/TRASH BOOMS
NAB-2006-00902 DCWASA/LINGAN ROAD
NAB-2007-CH24H-M27 1-66 Rehabilitation of Roadway Ligl1ting nnd Limited Design of the
Theodore Bridge
NAB-2006-02543 THEODORE ROOSEVELT MEMORIAL BRIDGE REPAIR
On Tue, Jan 8, 2013 at 7:16 AM, Lisa Mondelson-lelmini <lisn_n1<rndelson-ielrnini@np,<.9ov>
wrote:
Thx again Brian. Just curious, are permits in the database for the other docks in the area,
including Ollr cone operation@ Thompsons?
202-297 -1338 cell
202-619" 7023 office
On Jan 8, 2013, at 7:05 AM, "Woodbury, Brian" <brian, .. _woodl.ll.H'Y@np'"fJOv> wrote:
USAGE is looking through its paper files. The Baltimore District did pro>ide us
with a list from its database of permittee's in that geographic area; howewr.
Jacks and the Washington Canoe club were not on that list.
I will call them again this morning to see if they haw found anything.
-Brian
On Mon, Jan 7, 2013 at 5:26 PM, Jacobs, Douglas <dou9jacobs@nps.gov>
wrote:
Lisa,
ttps '/68ll6i\&v lew=pl&cat=Jack's Boalhou;;o&;;c;.)fCl'\'''.,
'"
130/14 OF THF, INTERIOR Mail - Coe dock pormits
When Brian spoke to USACE, they checked their data base and neither
Jack's nor wee showed up. They gal,I) him a print out of e1,1Jryone else along
that stretch of the riwr who hod permits. That is not to say for certain though
that no permits ha"' been Issued. They ha"3 been gradually inputting their
paper records into the data base. There's a chance that neither of these haw
been put Into the system. "fhey are going through their paper files for us to
seo.
Brian,
Please giw them another call in the morning to see if you can nudge this
along.
Thanks,
Doug
Doug Jacobs
Lands, Planning, & Design
202 619-7025 phone
202 401-0017 fax
On Mon, Jan 7, 2013 at 5:20 PM, <liS<1_._rnemdolson .. ielmini@nps.gov> wrote:
Hi,
Just wanted to check back to see if we'w heard back from COE - Ste1,1J
and I haw a mtg w waso midday tomorrow and our understanding of the
status of the dock will be an important component of the discussion,
Thanks so much, Ilsa
202-297-1338 cell
202-619-7023 office
Brian M. Woodbury
Chief of Lands
National Park Ser>ice - National Capital Region
1100 Ohio Driw, SW
(202) 619. 7034
brian ___wood bury@n ps. gov
t)3i\ 758664&v Boathou:;o&:>()mch;:i, ..
(b) (6)
(b) (6)
(b) (6)
(b) (6)
130/1i\ DEPARTMtlN'r ()F THE INTERIOR Mail - Ru: J<1GK's
Re: Jack's
Whitcsoll, Steve <ste,,.,_whites0ll@nps.gov.>
To: Carol Johnson <carol_.bjohnson@nps.gov.>
You just don't want to miss the fireworks!
Soe you then.
On Mon, Jan 7, 2013 at 8:43 PM, Carol Johnson <carol .. b....iohnson@npS.(JOW wrote:
I'll bo thorn with bells on
Sent from my iPhone
On Jan 7, 2013, at 8:40 PM, Ste1.e Whitesell <stew whitesell@nps.gov.> wrote:
Tue, Jan 8, 2013 at 7:31 AM
>We're meeting with Jon tomorrow at 1. Hopefully Judy extended an inlAtation to you. We'll lea\R- the
Regional Office around 12:30 if you're able to join us.
>
> Sant from my iPad
t Ip:;:// rn ail. com/ m ;;111/ 1)11 u/ Ol?uJ=2&ik =f 534 760664&v 1ewi.11pt &cat -.J 's Boathouso&)) 111.1, , 111
130f14 D!::PAHTMENT ()F THE INTERIOR Mc1ll Fw<!: Coo dock permits

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-
Fwd: Coe dock permits
Lisa Mendelson-lelmini <lisa_mendelson-ielmini@nps.gov> Tue, Jan 8, 2013 'It 7:16 AM
To: Stew Whitesell <stew_whitesell@nps.9011>, Tara Morrison <tara . morrison@nps.gov>
The latest.
Lisa A Mendolson-lelmini, AICP
202-297-1338 cell
202-619-7023 office
From: Lisa Mendelson-lelmini <li"t .. rnonclolson-ielmini@nps.nov>
Date: January 8, 2013 7: 16: 11 AM EST
To: "Woodbury, Brian" <bl'ian __ woodbury@nps.9011>
Cc: "Jacobs, Douglas" <doug ___j1,1cobs@npS.()Ov>
Subject: Re: Coe dock permits
Thx again Brian. Just curious, are permits in the database for tho other docks in the area,
including our cone operation @ Thompsons?
-Lisa
Nation,11 Park Ser\ice
202-297-1338 cell
202-619-7023 office
On Jan 8, 2013, at '7:05 AM, "Woodbury, Brian" <brirn1,,,,woor.lbury@nps.gov> wroto:
Hi Lisa,
USACE is looking through its paper files. The Baltimore District did pro\ide us with a
list from its database of permittee's in that geographic area: howe"3r, Jacks and the
Washington Canoe club were not on that list.
I will call them again this morning to see if they haw found anything.
l l ps: f Im ail. googlo. comf rn ail/ b/ 152/ufO/ llik =f 534 768664& v l/Jw==pt&c.m 1:1J JC k' a Boathouso&:;oarc , , 1f3
130f14 OF THE INTERIOR Mall - Fw(J: Coo (tock pormlts
"Brian
On Mon, Jan 7, 2013 at 5:26 PM, Jacobs, Douglas <doug ___ wrote:
Lisa,
When Brian spok0 to USACE, they checked their data base and neither Jack's nor
WCC showed up. They gaw him a print out of ewryone else along that stretch of
the ri'-"lr who had permits. That is not to say for certain though that no permits
haw been issL1ed. They haw be0n gradually inputting their paper records into the
data base. There's a chance that neither of these ha'.(J been put into the system.
They mo going through their paper files for us to sec.
Brian,
Please gi"" them another call in the morning to see II you can nudge this along.
Thanks,
Doug
Doug Jacobs
Lands, Planning, & DGsign
202 619-7025 phone
202 401 -0017 fax
On Mon, Jan 7, 2013 at 5:20 PM, <lisa __menclolson-iolmini@nps.gov> wrote:
Hi,
Just wanted to check back to see if we'w heard back from COE - Ste"3 and I
haw a mtg w waso midday tomorrow and our understanding of the status of the
dock will be an important component of the discussion.
Lisa A Mendelson"lelmini, AICP
202-297-1338 cell
202-619-7023 office
Brian M. Woodbury
Chio! of Lands
National Park Ser.ice - National Capital Region
1100 Ohio Driw, SW
Washin9ton, DC 20242
(202) 619.7034
t tps: f I rn all. gaogle. comf mail/ b/ 15'2.lli/O/? ul lk w.f !:>34 l66661\.& v lew=pt&cEll =J Clt k's r30<1t aarch= . ..
2/3
1::ior14 DEPARTMENT OF Tf"I!:'.'. Mall - Re: Juck'::;

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'
Re: Jack's
Carol Johnson <carol_bjohnson@nps.goV>
To: St0'-"l Whitesell <ste'-"l .. whitesell@nps.gov.>
I'll be there with bells on
Sent from my iPhone
On Jan 7, 2013, <It 8:40 PM, Ste'-"l Whitesell .whitesell@nps.(JOV> wrote:
Mon, Jan 7, 2013 at 8:43 PM
> We're meeting with Jon tomorrow at 1. Hopefully Judy extended an in;itation to you. We'll lea'-"l the Regional
Office around 12:30 if you're able to join us.
>
> Sent from my iPad
t ps ; If m<lil. geog lo. comf rr\ !:Ill/ b/ 152/!.1/0f ?ul=2&ik =f 534 7B8664&v lew.iil)t&c at =Jack's Boc1thOL1$0 &$ ei:1rc h= ...
IJ0.'14 DEPARTMENl' or: Mall - Rl: Coo dock permit:;.

..-..
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Re: Coe dock perm its
Lisa Mondelson-lelmini <lisa_mendelson-ielminl@nps.gov>
To: "Jacobs, Douglas" <dougjacobs@nps.gov>
Cc: Brian Woodbury <brian __ woodbury@nps.gov>
'Thanks Doug and Brian for quickly seeking the status.
Mon, Jan 7, 2013 at 6:59 PM
Brian could you please drop us an omail by around 11 am with what you know at that point?
I'm going to do some work tonight on the approvals process for a dock - would you pis ask your contact if the
process differs for federal non-federal applicants?
Thanks so much. lisa
National Pflrk Ser..ice
202-297-1338 cell
202-619-7023 office
On Jan 7, 2013, at 5:26 PM, "Jacobs, Douglas" <dougjacobs@nps.nov> wrote:
Lisa,
When Brian spoke to USAeE. they checked their dalti base and neither Jack's nor wee showed
up. They gaw him a print of ewryono else along that stretch of the ri\er who had permits. That
is not to say for certain though that no permits ha"l been issued. They ha\13 been gradually
inputting their paper records into the data base. There's a chance that neither of these ha"' boon
put into the system. They are going through their paper files for us to see.
Brian
1
Please giw them another call in the morning to see if you can nudge this along.
Doug Jacobs
Lands, Planning, & Design
National Capital Region, National Park Ser..ice
202 619-7025 phone
202 401-0017 fax
On Mon, Jan 7, 2013 at 5:20 PM, <lisa ... mon(Jelson-ielmini@nps.gov> wrote:
ttps://mai!.google. corn/rnalllb/ 034 l60664&v lew::;pt&cat=Jack's Boathouso&.soilrch=.,, 112
13Ci'li\ DEPARTMENT OF THE JNTERIOR M<.1il. H(j: Coo (/c)Ck POl'll1HS
Hi,
Just wanted to check back to see if we'w heard back from COE - Stew and I haw a mtg w
waso midday tomorrow and our understanding of the status of the dock will be an important
component of the discussion.
Lisa A Mondelson-lelmini, AICP
202-297-1338 cell
202-619-7023 office
l\ps:l/mall,googta. com/mail/b/152/u/O/?ul=2&1k=r 534l680tl4&v l0w,11pt&cat ;',Jack's Boathousa&soarch= ...
212
(b) (6)
(b) (6)
TMF,;NT OF THE INTEH!OH M;:1ll - Why I slgnod -- Is wen

.

Why I signed -- Jack's Boathouse is well

Dear Ste"' Whitesell, Regional Director (National Park Ser.ice),
Mon, Jan 7, 2013 at 2:15 PM
I just signed Jesse B Rauch's petition "National Park Ser.ice: Save Jack's f3oathouso from Clos um'" on
Change.org.
Jack's Boathouse is well run and serves a purpose pro\iding access to the ri'-'lr for thousands of residents and
tourists
.....
Che'Y Chase, Maryland
There are now 2:205 signatures on this petition. Read reasons why people are signing, and respond to Jesse B
http://www. c hango. org/ pet it ions/ rmtional"park -ser\i co-s avcH ac k-s-boathouso"from-c los pons O''
29a2i 107fe70
216 West 104tll Street I Suite #130 I New York, NY I 10025
t tml; I Im ail. goog lu. com/ m JI!/ bl 1521 u/0/?ui=2&ik =f 534 76 6664 law=l&cal =J <IC k's 8oa1 hous a&s , ,
111
130/14 OF Tl-IE M::ill" Optlc)ns for J.;1ck'!'l
,.--._
.
.
Re: Options for Jack's
Mummart, Jennifer <jennifer __ mummart@nps.gov> Mon, Jan 7, 2013 at 1:21 PM
To: "Morrison, Tara" <tara .... morrison@nps.gov>
Cc: "Mendelson, Lisa" <lisa_mendelson-ielmini@nps.gov>, "Whitesell, Ste""" <steve_whitesell@nps.gov>, Ste;{)
Whitesell <Steve_Whitesell@g-nps.doi.gov>, Philip Selleck <phillp __ sallack@nps.gov>, Carol Johnson
<carol_bjohnson@nps.gov>, Ste;{) LeBel <ste;{)__iebel@nps.gov>
As soon as the path forward is decided, we would liko to create a FAQs sheet that we could use in this office for
public questions that come here and, if it's desired, to pro'-ide some backstop for Carol for media inquiries.
Jennifer Mummarl
National Park Sel'.1ce
(202) 619-7174
www.nps.qov
The National Park Sel'.1ce cares for special places saved by the American people so that all may experience our
heritage.
On Mon, Jan 7, 2013 at 1:15 PM, Morrison, Tara <tnra __ morrison(@nps.gov> wrote:
I see no other options.
My one concern with either option is the ACOE permit Once we hear back from Brian and if there is a
potential issue with timeframe for obtaining a permit we'll need to add that to this document.
I'd need to look for answers to Lisa's questions but assume !_hat Steve L would that info .
. On Man, Jan 7, 2013 at 12:45 PM, Mondolson, Lisa <l1sa __menclelson-ielrnini@nps.gov> wrote:
I think it looks good, I have 1 editorial comment that I think should be addressed and a couple of
questions I hadn't asked before, I'm guessing that be1ween the park and concessions folks someone
will know the answers .... :
(1) Editorial comment: The description in the options focuses on RENTAL yet they also
provide ACCESS and STORAGE. I suggest we broaden the description of services. SteveL --
what is the description/title of the concession opportl.inity?
Questions (2) According to his website, he charges people $10 to launch their own boats --
was launch for fee a permitted service in the lease? CHOH has no fees at any of their
access points/ramp, yet I'm supposing that there are fees at Columbia Island and the other
NPS l'Mrina operations.
t t ps: //mail. google. com/mail/bl 152/ u/O/?ul=2&1k =f 534 760664& v IOW=pt&c<.H =J <.IC I< s 0(1<11 house &se1;1rc h;;:;, , , 112
1:.\0/14 . QF THE INTERIOR Mail - Ro: Option:.; ((1!' J<lcK's
- Lisa
(3) The other piece of his operation is storage - web says room for 150 boats at $50/month-
Is what we're allowing him to do parallel with the storage at Thompson's? or the permitted
area under lease to WCC? Not sure it matters but we should all be familiar with the other
operations and outside storage SOPs.
(4) The web says they allow folks to use a gas grill on site for bbq. ROCR allows such in
designated picnic areas according to their compendium. Is this use addressed in the draft
concession solicitation?
FYI -- Dock permit status follow up ...... Brian Woodbury has reached out to COE who had to
search their database for permits, We are expecting status info this week, I've let LPD know
we need the info on dock status ASAP.
l..fsfi A/('f'
f)cp\tty Regional J)[t'cctor
National Park
2m-6 I 9-71l21 o l'lkc
t:r;8
On Mon, Jan 7, 2013 at 9:43 AM, Whitesell, Ste\13 <slo'.P __ whitesell@nps.9ov> wrote:
During Friday's meeting with the Deputy Director, we agreed to nesh out two options for the Director's
consideration. The attached paper attempts to do that wiU1out going into elaborate detail. Please take a
look a pro\oide any comments, suggestions, etc.
If you all see an additional option wo ha\13 not considered, pleasG share that as well.
Tara D. Morrison
Superintendent
Rock Creek Park
202-895-6004
t t ps: I Im ail. goog IU. com I tn bl 1 !52/ ll/0/ ?l!l::;2&ik ::;f 531\ 768664& v l(Jw=pl ciC k's float ho us a&s e<:1rc h = ...
130/11\ DEPARTMENT OF THE Moll Options for Jack'!!

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Morrison, Tara <tara_morrison@nps.gov.> Mon, Jan 7, 2013 at 1:15 PM
To: "Mendelson, Lisa" <lisa_mendelson-ielmini@nps.gov.>
Cc: "Whitesell, Ste"'" <ste\l'l_,whitesell@nps.gov.>, Ste1,e Whitesell <Ste\l'l __ Whitesell@g-nps.doi.gov.>, Philip
Selleck <philip __ solleck@nps.gov.>, Carol Johnson <carol_b.Johnson@nps.gov.>, Jennifer ML1mmart
<jcnnifer_mummart@nps.gov.>, Ste"' LeBel <steve,Jebol@nps.gov.>
I see no other options.
My one concern oithor option is the ACOE permit. Once we hear back from Brian and if there is a potential
issue with timeframe for obtaining a permit we'll need to add that to this document.
I'd need to look for answers to Lisa's qL1estions but assL1me that Stew L would ha\l'l that info.
On Mon, Jan 7, 2013 at 12:45 PM, Mendelson, Lisa <lisa_..rnendelson-ielmini@nps.gov.> wrote:
I think it looks good, I have 1 editorial comme,nt that I think should be addressed and a couple of
questions I hadn'tasked before, I'm guessing that between the park and concessions folks someone will
know the answers .... :
- Liso
(1) Editorial comment: The description in the options focuses on RENTAL yet they also
provide ACCESS and STORAGE. I suggest we broaden the description of services. SteveL --
what is the description/title of the concession opportunity?
Questions (2) According to his website, he charges people $10 to launch their own boats --
was launch for fee a permitted service in the lease? CHOH has no fees at any of their access
points/ramp, yet I'm supposing that there are fees at Columbia Island and the other NPS IT'llrina
operations.
(3) The other piece of his operation is web says room for 150 boats at $50/month- Is
what we're allowing him to do parallel with the storage at Thompson's? or the permitted area
under lease to WCC? Not sure it matters but we should all be familiar with the other operations
and outside storage SOPs.
(4) The web soys they allow folks to use a gas grill on site for bbq. ROCR allows such in
FYl -- Dock permit stotiis follow up -- Brian Woodbury hos reached out to COE who had to
search their database for permits. We are expecting status info this week, I've let LPD know we
need the info on dock status ASAP.
!,is" ,1/(.'JJ
[)('pl1ly Rt;gional I)ire(.'\(lr
Natio11al Purk Scrvic(.:
ttps://mail.google. com/ma!l/b/ 1 !32/u/O/'?ui=2.&!k=il i'606fi4&v 80E1thou:;e&:;oarch=.,, 1/2
DEPARTMENT OF Mall - Re: Option:; for J<.1ck's
202-619-7023 o l'iicc
20'.'-.2'!7 U:\8 cdl
On Mon, Jan 7, 2013 at 9:43 AM, Whitesell, Steve wrote:
During Friday's meeting with the Deputy Director, we agreed to flesh out two options for the Director's
consideration. The attached paper attempts to do that without going into elaborate detail. Please take a
look a pro\ide any comments, suggestions, etc.
If you all see an additional option we have not considered, please share that as well.
Tara D. Morrison
Superintendent
Rock Creek Park
202-895-6004
t \ps :// m (111, HOogla, com Im ail/b/ 152/ u/O/ ?ul mf 534 '168664& v lew=pl&cat =J <IC k' !J Boal house&s earc h= ... V2
16Cfkd!" Jack's Boathouse w/J1:.1rvis, 0'00\\, Fostor, Whltosoll.,
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Invitation: Jack's Boathouse w/Jarvis, O'Dell, Foster, Whitesell, Wal. .. @ Tue
Jan 81pm - 2pm (steve_whitesell@nps.gov)
Margaret O'Dell <peggy_o'dell@nps,goV> Mon, Jan 7, 2013 at 1:04 PM
Reply-To: Tasha Robbins <tasha_robbins@nps.gov.>
To: "ste,,.,_whitesell@nps.go\I' <ste,,.,_whitesell@nps.goV>, D<l'<id Barna <davidj_barna@nps.goV>, Lena McDowall
<lona_,rncdowall@nps.gov.>, Jonathan Jarvis <jonjarvis@nps.goV>, Suzanne Waldron <sue_waldron@nps.gov.>, Lisa
Mendelson <lisa_mendelson-ielmini@nps.goV>, Maureen Foster <maureen_foster@nps.goV>
Jack's Boathouse w/Jarvis, O'Dell, Foster, Whitesell, Waldron,
McDowall, Mendelson-lelmini, Barna
Whon Tue Jan 5 1pm - 2pm Eastern Time
Where 3112 (map)
Calendar s le'1J .. wt1itesell@nps.gov
Who Margaret O'Dell - or9onizor
Tastm R(lbbins - croator
DavicJ Barna
Lena McDowall
Jonathan Jarvis
Suzanne WClldron
Ste"" Whitosoll
Lisa Mendelson
Maureen Foster
Going'! Yes - Maybe - No morn options
Invitation rrorn Gooolt!
more dotalls
You arc roc::civino this erool! at the account stc:ve .....w benaus0 you aro for invitations on ca.londrir
s tovo .... w hit(1soll({!lnps
To stop receiving tllcso notif ic8tions. plc1:1se log Iii to li\1ps://w w w 0hang0 y0i.1r settinos for
this c8londar.
LJ lnvite.ic;s
2K
t t ps: 11 m t1ll. IJ(IOg!o. com Im al llb/ 1 S::U i=2&ik =f 534 768664&v <1c I<' s f.:loat house&s earc h= .. 111
Clf.PA,; rME:NT OF THE INTE:RIOR Mai! - Ro: Options for Jack's

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Mendelson, Lisa <lisa .. ..rnendelson-iolrnini@nps.gov.> Mon, Jan 7, 2013 at 12:45 PM
To: "Whitesell, Sto\<3" <ste""1_whitesell@nps.gov.>
Cc: Tara Morrison <tara_rnorrison@nps.goV>, Steve Whitesell <Ste\<3_,Whitosoll@g-nps.doi.goV>, Philip Selleck
<philip,_selleck@nps.goV>, Carol Johnson <carol_.tJjohnson@nps.goV>, ,Jennifer Murnrnart
< jonnifor .... rn urn rn 1irt@n ps. gov.>
I think it looks good, I have 1 editorial comment that I think should be addressed and a couple of questions
I hadn't asked before, I'm guessing thot between the park and concessions folks someone will know the
answers .... :
- Lisa
(1) Editorial commo:nt: The description in the options focuses on RENTAL yet they also provide
ACCESS and STORAGE. I suggest we broaden the description of services, SteveL what is the
description/title of the concession opportunity?
Quo:stions (2) According to his website, he charges people $10 to launch their own boats ...
was launch for fee a permitted service in the lease? CHOH has no fees at any of their access
points/ramp, yet I'm supposing that there are fees at Columbia Island and the other NPS marina
operations.
(3) The other piece of his operation is storage - web says room for 150 boats at $50/month- Is
what we're allowing him to do parallel with the storage at Thompson's? or the permitted area under
lease to WCC? Not sure it matters but we should all be familiar with the other operations and
outside storage SOPs.
(4) The web says they allow folks to use a gas grill on site for bbq. ROCR allows such in
FYI -- Dock permit status follow up -- Brian Woodbury has reached out to COE who had to search
their databose for permits. We are expecting status info this week, I've let LPD know we need the
info on dock status ASAP.
fis11 1ife1ulelst'1lnfel111i11i, A/(.'p
!Jeptil)' Rcgionnl l)ircctor
:)(I,'.(, 19-702'.l o flicc
202 .. 297 .. u:rn cell
On Mon, Jan 7, 2013 at 9:43 AM, Whitesell, Steve <steve_._whitesell@nps.goV> wrote:
tips ://mall.google. com/mail/bl 152/u/0/1ui=2&ik=f 534 76(1664&v low1.;pt&ct1t111J t'ck's .. 1/2
130/14
rME;NT OF THE INTERIOR Mail - R0: Option:; for Jack's

consideration. The attached paper attempts to do that without going into elaborate detail. Please take a look
a pro\ide any comments, suggestions, etc.
If you all s00 an additional option we ha"' not considered, please share that as well.
t Ip:;: 11 rn goo910, C(ltn/ m <ii II b/ 1 Si:h,1IOl?ul :;?,&ik =f 534 768664& v iow=pt&c <ll '='Jack's ho us e&s earch= .. 212
DEPAR:MENT OF THE INl[;r{l()H - Fwd: Jacks Boat Hou$0

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Fwd: Jacks Boat House Facts
LoBol, Stove <steve_lebel@nps.gov> Mon, Jan 7, 2013 at 11:12 AM
To: Steve Whitesell <Ste'M_Whitesell@nps.gov>, Carol Johnson <carol_bjohnson@nps.gov>, Lisa Mendelson
<lisa_mendelson-ielmini@nps.gov>
WASO's comment on the Jack's Fact Sheet, fyi
----- Forwarded message ----------
From: Rausch, Kurt
Date: Mon, Jan 7, 2013 at 9:37 AM
Subject: Jacks Boat House Facts
To: Ste"3 LeBel <steve___iebel@nps.qov>
Hi Stew:
It was good to s00 you in the meeting last week. After looking at the Fact Sheet, we had a recommended
addition that we believe helps clarify the legal basis and supports the contract effort for Jacks. That addition is
highlighted as bold text.
7:
Business'es like Jacks Boathouse, usually operate in national parks under concession contracts. The NPS has
wanted to regularize the boathouse operation by awarding a concession contract for the operations rather than
allow it to continue commercial operations under a month-to-month lease. In fact, because the operation is a
necessary and appropriate visitor service for the Service, a concession contract is tho vehicle currently
required by federal law (Public Law 105-391).
Please let me know if you haw any questions.
Kurt
Kurt M. Rausch
Branch Chief, Contract Management
NPS Commercial Services Program
202.513.7202 Office
202.604.5558 Cell
202.371.2090 Fax
1201 Eye Street, NW
11th Floor
To conserve resources, please consider whether it is necessary before printing this email.
Tt1e infc)rrnatlon conlaincct in this message r'I1i;iy bc:i protected by attorneycllent 01 other privilege. It ls lrltl:lnded for the use of Iha
indlvidu.cils to whom lt is sent. Any pr'ivilage Is not waived by virtue of \his h.civ!ng been by e-rnall. If tho person actually raceivlng this
t t ps: f Im <:111. com Im al l!b/ 152! u/O/?u i=2&1k =f 534168664 &v law:;; pt &cat =Jack's 8(1c\ltlOllS(l &!'.! earc h= ... 1/t.
01- THf.. Mail - Fwd: J<.1cks Boat House
messt1ge or any ('tllar of this massage is not a named rac:lpiant, any uoo. cl!soomination, or copylno of this
is proh!bltocl. If you receive this in error. p!oasc contact the eender a net (.](-l!e\o th0 material from any
LoBol
Pror1ra111 Manager, Offico of Business Ser.ices
National Capital Ro9ion, Notional Park Ser.ice
Phoiw: (202) 619-7072
hlX; (202) 619-7157
The information contained in this 111essao0 r11<1y bo protected by attorney-client or other privilege. It is intended
for the use of the incli\iduals to whorn it is f:ent. Any pri\ilege is not waived by \Artue of this ha\Ang beon sent tiy
If the person receiving this n1essage or ctny other reader of this rnGssc1g0 is not a named
recipient, any use, dissernination, distribution, or copying of this cornrnunic<1tion is prohibited. If you rocoiw this
rnessage in error, ploaso contact the sender.
t t ps: I I rn ail. l(J. corn/ m <)!I/ b/ 102/ u/O/? u!:;::2&ik =f 534 768664&v ltlw=pt&c <It ilC k's ho us a&s earch= ..
130f14 DEPARTME'.N't OF THE'. INTERIOR. - Re: Options for Juck's

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Mendelson, Lisa <lisa_mendelson-ielmini@nps.gov.> Mon, Jan 7, 201311t 10:07 AM
To: "Whitosell, Stow" <stc>e_whitesell@nps.gov.>
Cc:. Tara Morrison <tara_morrison@nps.gov.>, Stew Whitesell <Ste>e_Whitesell@g-nps.doi.gov.>, Philip Selleck
<philip_selleck@nps.gov.>, Carol Johnson <carol_bjol1nson@nps.gov.>, Jonnlfor Mummart
<jennifer _ mummart@nps.gov.>
Ste>e Lebel - can you pis send me a copy of the draft RFQ? Thanks much, lisa
J,;sa ill 111i ni, ,..j f C'P
Deputy Regional TJir-.;clor
Pnrk
:>OJ.-(> I 9-70J.J o !'Ike:
1m,.2<n-1 J38 cell
On Mon, Jan 7, 2013 at 9:43 AM, Whitesell, Stew <sJe;e __ wMesell@nps.gov.> wrote:
consideration. The attached paper attempts to do that without going into elaborate detail. Ple<ise take a look
a provide any comments, suggestions, etc.
If you all see an additional option we ha>e not considered, ploase share that as well.
lt!'.J:.;: f Im I. le, com/ rn bl 152/uf Of7u!=2&!k =I 7 66864& v i(lW1pt =J :;ic k s Bo<1lhc:n1:::;.c&s e::1rc , .
111
130114 DEPARTMENT OF THE INTERIOR Mail - Optior1s for J<.1ck'!J

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Options for Jack's
Whitesell, Steve <ste\IJ ..... whitesell@nps.gov.> Mon, Jan 7, 2013 at 9:43 AM
To: Lisa .._ Mend0lson-ielmini <Lisa_Mendelson-ielmini@nps.gov.>, Tara Morrison <tara_morrison@nps.gov.>, Ste'.(;
Whitesell <Ste\l'l_Whitesell@g-nps,doi.gov.>, Philip Selleck <philip_selleck@nps.gov.>, Carol Johnson
<carol_b_johnson@nps.gov.>, Jennifer Mummart <jennifer_mummart@nps.gov.>
Friday's meeting with the Deputy Director, we agreed to flesh out two options for the Director's
consideration. The attached paper attempts to do that without going into elaborate detail. Please take a look a
pro"1de any comments, suggestions, etc.
If you all see an additional option we ha\<J not considered, please share that as well.
ci&.'J Jack's Boathouse Optlons.docx
15K
ttps: 11 mail. goog le. com/mall/bl 1521 ll/O/ ?ul=2&ik 534 !60G64&v pt&c ;;iJ ac k ':s Bo:;it housa&s EJarc h = ... 111
Jack's Boathouse Options
On December 24, 2012 the Director, in response to considerable adverse public
concern to the National Capital Region's decision to cancel the current month to
month lease for Jack's Boathouse in favor of a new concessions permit,
announced that he would withhold further action on the lease termination until
he could conduct a thorough review and determined the best course of action.
The National Capital Region believes there are two potential viable options which
could be pursued. Both options assume there are valid reasons to terminate the
current month to month lease and replace it with a temporary permit for up to
three years during which time a long term contract for watersports rental would
occur.
Option 1
Prior to the Director's intervention, the Region was prepared to release a Request
for Qualification (RFQ) to all interested parties that would solicit responses for
operation of a water sports rental facility, at or near, the site of Jack's Boathouse.
That RFQ, if released by January 10, could be open for 21 day closing on or about
January 31. Paul Simkin can choose to apply if interested. We would then be able
to evaluate potential operator credentials and award a permit no later than
February 21. Simkin, if not the selected operator, would need to vacate the site
by March 21 in time for a new operator to begin operations on April 1 't.
The advantages of this option are that it would allow for fair, open and
transparent decision ma king providing the public the assurance that the best
possible operator is providing service at, or near, the current Jack's location. Mr.
Simkin, assuming he is not the selected operator, would not need to vacate the
site until a new operator was selected and ready to occupy the site. This would
allow Mr. Simkin approximately 2 additional months to move his personal
property which includes approximately 175 canoes, the large shed which serves
as the business office, and his dock.
The disadvantage to this option is that the NPS takes risk that the "funky" charm
of the current operation may not be duplicated by a new operator. Additionally,
the facilities name is likely to change resulting in potential confusion for the
public.
Option 2
Negotiate a sole source concession permit with Paul Simkin for up to three years.
The Region recommends that this agreement be for the upcoming operating
season only, but concession management policy allows the permit to be for up to
three years.
The advantage to this option is that there would be a continuity of service that
the public seems to appreciate and some think is owed to Mr. Simkin.
The disadvantage to this option is that the public, as a result of all the media
coverage of this issue, is well aware that Mr. Simkin has attained his preferred
vendor status merely as a result of acquiring the business and not as the result of
fair, open competition. Further, the media is aware of Mr. Simkin's recent legal
problems with illegal dumping. We should anticipate considerable bad press if we
were to allow him to continue operation particularly without the opportunity to
evaluate other potential operators.
(b) (6)
(b) (6)
OF THE INTERIOR MElil - Why I ... A wonderful plac0 for

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Why I signed -- A wonderful place for
mail@change.org>
To: Ste1e_Whitesell@nps.gov
Dear Stew Whitesell, Regional Director (National Park Ser;ice),
Sun, Jan 6, 2013 at 3:44 PM
I just signed Jesse B Rauch
1
s petition ''NDtional Park Servicer Sc1ve Jack
1
s 8o;;ithouso frorn Closure!
11
on
Ch11nge.org.
A wonderful place for people to go to enjoy the ri1er. The atmosphere is warm, friendly and welcoming. It has
history and we should fight hard to keep this magical, special place. It is unique, it is needed, it is enjoyed by
thousands ol.<lr the years. A restaurant or shops can go anywhere. Not Here!!
-
Bethesda, Maryland
There me now 2183 signatures on this petition. Read reasons why people are signing, and respond to Jesse B
http://www. c han>JC. or9/poli Ii ons/ nationill-park-s orvi ce-s al.<l-jack-s-boat 11ous e-frorn -clos ros pons e"
29a2l1 OlfelO
Mailing address: Change.org. 216 West 104th Street, Suite #130, New York, NY 10025. USA
\ tps; I Im ail. googto. com I rli <."111/1)/ 152/ u/O/? ul w2&1k ;:;f ,ei34 7686611-&v ltiw==pl&cm ac k.' s Boathous o&s 0<1rc , , 111
(b) (6)
(b) (6)
QF THE; lNTE;RIOR Mail -Why I :;l9nolt --1 c<.1ro proservlng

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Why I signed -- I care about preserving

To: Ste1.e_Whitesell@nps.gov
Doar Ste""1 Whitesell, Regional Director (N<itional Park Ser\ice),
Sun, Jan 6, 2013 at 2:46 AM
I signed Jesse B Rauch's petition "Niltional Park Ser\ico: Saw Jack's llo<.thouse from Closure!" on

I care about preser\ing culture 01.er capital efficiency
.......
SAN FRANCISCO, California
There are now 2179 signatures on this petition. Read reasons why peoplo are signing, and respond to Jesso B
by clicking here:
http ://www. c tmngo. or>Ji po tit ions I n<>t ional-pmk-s o rli co-s a1.e+1ck"s"boathous e"from-clos u ro?ros pons o=
29827107r'1lQ
216West 104th Street I Suite#130 I New York, NY I 10025
(b) (6)
(b) (6)
1:MllfMl'.::NT or-: 'llrn: INTEHIQH M::1ll - Why I !'lignad -- f am!ly has used
,,_..,,
'

.
Why I signed Our family has used
<mail@change.org>
To:
Dear Ste"' Whitesell, Regional Director (National Park Sor.ice),
Sat, Jan 5, 2013 at 11 :02 PM
I just signod Jasso B Rauch's petition "Natiorml P<Jrk S<Jr.icff S""'' Jack's Boathouse from Closum!" on
Change.org.
Our family has used Jack's many times. and it is our "go to" place for out of town \oisitors as well. We hope
that It now:r closes. It is a unique gem that gi"'s folks a fun alternati-.e to DC's more formal and less acti"'
options on the mall.
Sincerely,
http://www. c l1ange, org/petit ions/nation al-pa rk-s c i'\oicc-s a<C-jac k "s boat ho us e-from-c I os Llr(l? res pons o=
29a2l10lfel0
ttp:s : //mail. googlo. corn/ rn all/ b/ 152/ u/O/?ul
0
,2.&lk l:i34 760664 &v \\lj !'I Boathause&!H>arc h= ... 111
(b) (6)
(b) (6)
roorAR.TMENT OF THE INTERIOR Mall. Wl'\y I slgf\O(l -- Please do not tako
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Why I signed -- Please do not take

To: Ste'-">_Whitesell@nps.gov
Dem Ste1,U Whitesell, Regional Director (National Park Ser..ice).
Sat, Jan 5, 2013 at 10:21 PM
I just signed Jesse B Rauch's petition "Nalionnl Park Sor..ico: 8'11,t) Jack'i; Boathous" from Closuro'" on

Please do not take away an institution like Jack's. I haw liwd in DC/VA for the past 20 years and have used
it enough to know it is a rare classic with character. I love it just the way it is and should not be touched like
the remov.oil of CO&O boat tours were. Cease your changes to or cancellations of what helps make DC
special!! It's not all about monuments and buildings when it comes to what makes DC special!!!!
........
http://www. eh;:i.1noe. org/peti t ions/ natlonal-park-s (!ltvi c O"S k-s-boathous pons e;::
:Wa2710lfe70
lips corn/mai!fbf1 52/u/Of?ul=2&1k=r 534 i'tJ8664&v /l.oat;::Jack's

111
(b) (6)
(b) (6)
THE INTERIOR Mail Wtly I s.lgn(")(l -I frnquontod jack$

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Why I signed --1 frequented jacks boathouse
<mail@change.org>
To: Ste'A'l_Whitesell@nps.gov
Dear Sto'A'l Whitesell, Regional Director (National Park Ser'\ice),
Sat, Jan 5, 2013 at 6:45 PM
I just signed Jasso B Rauch's petition "National Park Ser'\ico: StMJ Jack's Boathouso from on
Change.org.
I frequented jacks boathouse while in college. Its truly a unique georgetown experience that shoL1ld stay in the
hands of its original owners .
...._
Syracuse, New York
There are now 2175 signatures on this petition, Read reasons why people are signing, and respond to Jesse B
http: I lwww. c iian\10. org/ petitions/ nat i onai-park -ser\hce-s aw-j<1c k-s -boatho1Js e-frornclos ure'lres ponse=
29a271 Oifo70
ti p:s: //mail. 9oog!o. com I ma!llbl 1 52/ u/0/?u 1=2&lk =f 534 160664 S.v lew=pt&c at =J ciC k '$ 00<:11 ho us e&s emch= .. , 111
(b) (6)
(b) (6)
fll,mNT OF THE M::ii!- Why I My f::imlly go!ls

.

Why I signed -- My family goes kayaking
._._mail@change.org>
To: Ste"3 ___,Whitosoll@nps.gov
Dear Ste"' Whitesell, Regional Director (National Park Sei\.ice),
Sat, Jan 5, 2013 at 11 :59 AM
1
s petition

P1;:1rk Service: Sa\!(:)
Bocithouse fron1 Closure!'

1
on
Change.org.
My family goes kayaking there and it is something we all low to do. If it were to close that's just another
outdoor acti-,ity that woL1ld be lost In this day and age of looking for ways to make people healthy and get
more acti-,ity in it is an outrage to shut down an establishment that is easy to get, has great customer sel'Jce
and beautiful -,iews .
.._
There are now 2168 signatures on this petition, Read reasons why people are signing, and respond to Jesse B
http://www. change. orq/ p'::t i lions/ n Ati crvi I< house-frornG los ure ?response=-
2%27107fe70
tips [)34/66661\&v low=pt&c<1tr1Jack's Boathou:>1'1&sco:1rch;,,,
111
(b) (6)
(b) (6)
130.elWIRTMENT OF THE INTERIOR M<1ll - Why I "" M::1kes city
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Why I signed -- Makes a big city
mail@change.org>
To: St0-.e_Whit0s0ll@nps.gov
Dear Ste-.e Whitesell, Regional Director (National Park Ser'\ice),
Fri, Jan 4, 2013 at 0:20 PM
I jL1st signed Jesse B petition "National Pmk Sor'\ico: S<lWl Jt1ck's Boatl1ous(l from Closure'" on
Chango.org.
Makes a big city feel small and comfy!
......
There are now 2152 signatures on this petition. Road reasons why people are signing, and respond to Jesse B
RaL1ch by clicking here:
http://www. ch" ngo. orp/poti ti onsl nation al parks or\ico-s a'ko-jac k Sboathous o-fromclos ure?ros pons 0
00
29i12l I OlfOlO
t t p:s: I I rn <i!I. com/ m ol!/b/ 1 =r 534 768664&v &c::1t Boathouso&soarc t1= . .. 111
(b) (6)
(b) (6)
OF THE Mnll - Why I signod -- Jacks I:> lt\O

.

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Why I signed -- Jacks is the best
mail@change.org>
Dear Stew Whitesell, Regional Director (National Park Ser.ice),
Fri, Jan 4, 2013 at 7:34 PM
I just signed Jesse B Rauch's petition "Natiorwl Park Service: '.'J<wi:e hck's Boathouse from Closure!" on
Change.org.
Jacks is the best part of the waterfront. It has personal nawr that DC is desperately in need of. C\1lture, not
generic gowrnment wndors, is what makes cities great! Don't ruin a great thing, a classic, for a boring
massiw lazy wndor contract!
--
New York, New York
Ra\1ch by clicking here:
http J lwww. c han(JO. org/ petitions/ nat i onal"parl< .. 3 orli ce-s avc-j ac k-s-lioat l1ous OfronH; I os ure?ros pons 0'"'
2%271 OlfelO
216 West 104th Street I Suite #130 I New York, NY [ 10025
\I ps : If m al I. 9oog!e. com/ ma!llb/ 152/ u/O/ ?ll i=>:i!.&IK :-:( 534 {60664& v lew=pt&cat =J cit k' $ BQ<ll nou!l 11 lj.searc h= . .. 111
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ra0/lti1"1VIENT OF THE M1J!I. Why I signed -- my d<.1L19htfJf went to

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Why I signed my daughter went to
<mail@change.org>
Dear Steve Whitesell, Regional Director (National Park Servce).
Fri, Jan 4, 2013 at 8:52 PM
I just signed Jesse 8 Rauch's petition "National Park Sorvc(): Jack's 80<:1thouc;H from Closure!" on
Change.org.
my daughter went to georgetown and one of the highlights of Ollr family \is its there was reading the
Gettysburg address in the Lincoln Memorial and heading out on the Potomac from Jack's boathouse!
......


29"?71071070
l 1 ps : //mail. googl0. com/ rn ai!/b/ 162/u/O/ rf 534 7 6!;)664& v iew=pt &cat =J <ic k '$ h = ...
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(b) (6)
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ENT OF THE Mall - Why t :;i9nod "' Goorg(1town Alumni, !lvod In

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Why I signed -- Georgetown Alumni, lived in
-mail@change.org>
To: Stew_Wh1tesell@nps.gov
Dear Ste\\'l Whitesell, Regional Director (National Park Sel"Ace),
Fri, Jan 4, 2013 at 8:29 PM
I just signed Jesse B Rauch's petition "NationDI h1rk Srol"Aco: Sn"1J ,Jack's Boathouse from Closuro1" on
Change.org.
Georgetown Alumni, liwd in DC for 4 years
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Them aro now 2153 signatures on this petition. Read reasons why people are signing, and respond to Jessa B
http://www. c hangc. orn/poti tions/ nat ionaH18rk SOl"\.i ce-sa"1J-Jac k s ... lJoathous c-frorn-clos ure? res pons W'
29a2!1 onuo
l l :// m googll"l, com/mail/ b/ 152/ u/0/? ul 112 tliik =f 534 768664& v IOW"?PI =Jack's Bocit hOll$ a&s earch= . .. 111
130/14 DEPARTMt:NT 01\' THF. INTERIOR Mail - Ru: J<.1Ck's
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Androff, Blake <blake_androff@ios.doi.gov.> Thu, Jan 3, 2013 at 10:31 AM
To: "Waldron, Suzanne" <sue_waldron@nps.gov.>
Cc: Ste\l'l Whitesell <Stel.<l_Whitesell@nps.gov.>, Da;id Barna <Da;id_Barna@nps.gov.>, Kate Kelly
<K11t0_K0lly@ios.doi.gov.>, Poggy O'Dell <Peggy_O'Dell@nps.gov.>, Claire Rozdilskl <Claire_Rozdilski@nps.gov>
I'll bo there.
Androff
Dnpuly Di rector of Cornn1u11itations
U.S. of tho lntorior
offic.,: (20!.) 20(<-64161cell:12021 w;-/43:;
On Thu, Jan 3, 2013 at 10:00 AM, Waldron, Suzanne <suo_.waldron@nps.gov.> wrote:
All:
Peggy has asked Stel.<l for an update on where we are with Jack's Boathouse; there will be a meeting
tomorrow at 10 am in tho Director's Conference Room, please come.
Thanks.
sue
Sue Waldron
Assistant Director, Cornrnunic3tlons
National Park SeMce
(202) 20iJ"3046
The National Park SeMco cares for special places sw,ed by the American people so that all may experience
l1eritage.
l l P:=J : I Im al!, google. com/ mail/ bl 152flll0/? ;::f ()34 768664&v low=pt&c m ;'Jack's Boal hou::;(1&s ot1rc t1
1
1, , , 111
130/14 OP..PARTMENT OF THE INTERI()[{ Mall

Jack's Boathouse
Waldron, Suzanne <sue_waldron@nps.go'P Thu, Jan 3, 2013 at 10:00 AM
To: Steve Whitesell <Stel,l')_Whitesell@nps.go'P, Blake Androlf <Blake,_Androlf@ios.doi.go'P, David Bmna
<David_Barna@nps.go'P, Kate Kelly <Kato_Kelly@ios.doi.go'P, Peggy O'Dell <Peggy_O'Dell@nps.ga'P
Cc: Claire Rozdilski <Clairo_Rozdilski@nps.go'P
All:
Peggy has asked Stew for an update on where we are with Jack's Boathouse: there will be a meeting tomorrow
at 1 O am in the Director's Conforenco Room, please come.
sue
Sue Waldron
N11tional Park S0Nc0
(202) 208-3046
Visit us at www.nps.oov
The National Park Ser..ice cares for special places sawd by the American people so that <111 m11y experience our
heritage.
ltps: 11m cil I. corn/ m i:il I/ b/ 1 S.21ulOl?ui=2&ik =f 534 761J664&v &cat :::iJ He k' a Bm:ithouse&:> o<.1rc h 1J, , 111
130/MF3/\f{1'MENT OF THE; INTF.R,IQR Mail - Jack's Boalhou:;u Fact St)(JO\
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Jack's Boathouse Fact Sheet
Whitesell, Steve <ste\l'l_whltosell@nps.goV>
To: C Shet1ffer <bruce_,sheaffer@nps.goV>
Cc: Jennifer Mummart <jennifer_mummart@nps.gov>
Bruce
Wed, Jan 2, 2013 at 1:31 PM
There were lots of Iterations of this noating around. I believe this is the latest and most accurate.
ijgij Jacks Facts.docx
15K
t t p:;: f Imai!. goog lo. Im <.ii I/bl 1 G2/u/O/? ul 1..1f 534 7GfJG64& v =Jack':; Bocm10us c&s e<:1rc IF
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Jack's Boathouse Facts
The National Park Service owns the property on which Jack's Boathouse is located. The property is
managed as part of Rock Creek Park.
Before becoming part of Rock Creek Park in 1984, the property was owned by the District of
Columbia.
Jack's Boathouse was named for Jack Baxter who, along with his wife Norma, operated the site
under a lease issued by the District of Columbia. The lease transferred with conveyance of the deed
from the District to the National Park Service.
Because the NPS was unable to accept payment under conditions of the lease transfer, the NPS
asked its not-for"profit partner, the National Park Foundation, to operate as the leaseholder and accept
payment and to disburse collected funds to NPS for the construction of Georgetown Waterfront Park. In
recent years, approximately $4200 in lease payments have been received annually
Jack Baxter passed away in 1999 at which time the business transferred to his son Frank Baxter,
who operated the business until his death in 2009.
After Frank Baxter's death, the business began to be operated by Paul Simkin who had become
Frank's business partner.
Businesses, like Jack's Boathouse, usually operate in national parks throughout the country under
concession contracts. The NPS has been working toward a concessions contract for the operations
rather than allow it to continue commercial operations under a lease. The NPS initiated preliminary
discussions with Paul Simkin about entering Into a temporary concessions contract. That contract would
have been negotiated non"competitive\y for up to a three-year term. At the end of the temporary
contract, the contract would be opened up for bid. Only through open bidding can the National Park
Service, in its trust relation with the American public, ensure the nation that it is receiving fair
compensation for the opportunity to run a business inside a National Park.
In the course of those discussions with Mr. Simkin, it came to light that the lease under which Jack
Baxter operated the Boathouse could not be transferred without the approval of the lc:>aseholder, the
National Park Foundation. Neither the National Park Foundation nor the National Park Service is aware
of any documentation agreeing to the assignment of the Boathouse lease to any party other than Jack
and Nora Baxter. At that point, the National Park Service ceased conversations with Mr. Simkin (DID
NPS COMMUNICATE THIS TO SIMKIN?) and instead began the process to open the opportunity for a
temporary concessions contract to all interested parties, consistent with National Park Service policy.
The temporary concessions contract would allow the operation of a boathouse at or near the current
Jack's location beginning next spring. Mr. Simkin was informed of the NPS plans.
The National Park Service strongly supports the operation of a boathouse at or near the current
Jack's location and is working to ensure continued access to the Potomac River for canoeists, kayakers
and paddle boarders.
The National Park Service has no comment about Mr. Simkin's prosecution before the District of
Columbia Superior Court.
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OF THE INTERIOR Why I !:!lgned-- my family !ivu:; !n

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Why I signed my family lives in
-<mail@change.org>
To: Sle"3_Whitesell@nps.gov
Dear Steve Whitesell, Regional Director (National Park Servce),
Sun, Dec 30, 2012 at 6:56 PM
I signed Jesse B Rauch's petition "National Pmk Ser'-icll: Sav" Jack's Bonthouse from Closure!" on
Change.erg.
my family li"3s In the region and we patronize Jacks when I >,isit.
Sincerely,
Moscow, Idaho
ll'1ere are now 2044 signatures on this petition. Read reasons why people are signing, and respond to Jesse B
http://www. c tmnne. or>Jipoti ti ons/ national-p<1 rk "" or>,ice-s aw.-jac I< -s-bcmt ho us o"from-c los urc>?res pons e=
2%27107re70
l l p$ : 11m81!. google, com/ m ai I/bl 152/u/ O/?ui=2&1k :::( v =Jack s = ... 111
(b) (6)
(b) (6)
OF THE Ml'lll - Why I algnod -- A vr.\luablo $<ltvlco \o

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Why I signed -- A valuable service to
mail@change.org>
To: Ste"3_Whitesell@nps.gov
Dear Ste"3 Whitesell, Regional Director (National Park Ser\ice),
SLm, Dec 30, 2012 at 12:53 PM
I just signed Jesse 8 Rauch's petition "N<llional F'ark Ser"1ce: Sa"'' Jack's B0<it11ouse frorn Closum'" on
Change.org.
A valuable seMce to the commLmity. What is the justiOcation for closoing it?
-
rnclean, Virginia
http://www. c han(:J(J. orn/ po tit ions I nat ional-park-s er\1 co-s a'AJ-j<ic k-s-boat ho us a-fro m-clos ure?ros pons e=
2%2l107fo70
l t p:;: I Im <.Ill. C(lffi/ m 1;1ill b/ 1 $2/ u/ O/?u! =2&ik =f 534 768664 &v ;:::J !I Boatho Ocil'Ctl "', , ,
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13011JIEPARTMENT OF THf. INTERIOR Muil - Why I -- I am 6.-\ y0ars

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Why I signed --1 am 64 years

Dear Ste"' Whitesell, Regional Director (National Park Service),
Sun, Dec 30, 2012 at 11 :49 AM
I just signed Jesse B Rauch's petition "Nation,11 Park Service: Jack's Boathous< from Closure!" on
Change.org.
I am 64 years old and ha...:. fond memories of canoeing there as a teenager .
........
http:/lwww.change.or>J/potltio11s/national-park-ser'1Gt>saw. .. j<Jck-s-boathousc-from-closure''rospons0co
2%271 OTfe70
111
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miilll'MENT OF 'fHF.. INTERIOR Mall .. Why I -- Jack'$ Bo;:Uho1ise Is a

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Dear Stewi Whitesell, Regional Director (National Park Se,,;c0),
Sun, Dec 30, 2012 at 9:51 AM
1
s petition
11
Nation::1I P(:ll'k Service: Sc1ve Jnck
1
s Boathouse fron1 C!osure!
1
' on
Change.org.
Jack's Boathouse is a jewel in DC, a responsible business, and makes li\Ang here so much better. It cannot
close. Please reconsider.
http: I I www. c han9e. or(.JI po ti ti onsl nat i on<1l-pmk"s0,,; c e-s aWJjac k"s-boat ho us errom-c las uro?res
2%2.7107fo 70
?aOa64&v ll'lw=pt&cat=J <1ck's 111
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OF THE Mall - Why ) :>lgncd "-There ls no\
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Why I signed -- There is not many
<mail@change.org>
Dear Steve Whitesell. Regional Director (National Park Ser.ice),
Sat, Dec 29, 2012 at 9:48 PM
I just signed Jesse B Rauch's petition "N,,tionnl Park Sorvico: Scive Ji>ck's Boathouse from Closure!" on
Change.org.
There is not many things left still around from when I was a kid this is one of them. I think of a better
reason to fight to save something.
--
ashburn, Virginia
11 I lp: //www. c han90. org/ petitions/ nal ional-park-s or,; c o,s f,MJ-jac k -sboa lhotJse-frorn-clos ure?res ponso=
2%2710'7fo 70
1/1
(b) (6)
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f;;PARTMENT OF THE Mall - Why I r or yei:irs rny choic0

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Why I signed -- for years my choice

Sat, Dec 29, 2012 at 6:09 PM
I just signed Jesse B Rauch's petition "National Park $01,,;ca: Saw Jack's from Closure!" on
Change.erg,
for years my choice to rent a canoe
http://www. c h<mWJ. or>J/ po tit ions/national-park -sor\1 co-s aw-jac k-s -boat o-frorn-c las uro?ros pons O"'
2%27107fe70
111
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OF THf,; INTERIOR MEili - Wt1y I sl9no<! ""As i;J f:UmnHir lntorn,

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Why I signed --As a summer intern,

Dear Whitesell, Regional Director (National Park Ser'ce),
Sat, Dec 29, 2012 at 5:14 PM
I just signed Jesse B Rauch's petition "National Pmk Sor\1ce: S<J'l!'l J>1ck's Bo<1thouse from Clos1m1I" on
Chango.or\).
As a summer intern, I LOVED kayaking the Potomac with Jack's Boathouse, and I would hate to see them
close!
Sincerely,
.......
http://www. cha nqo. org/poli t ions/ nat ional-park-s cive .. jac k -s-boat ho us ure?rfjS ponse=
29a27Hllfo70
t t p:;: 11fli <.111, C(/1"11/ rn ::;ii I/bl 1 !i2/u/O/?ui=2&ik =f 534 760lla4& v lowiJ pt &c .;it =Jack's Boal hou:; 0&$ o<irc!v11, , , 111
(b) (6)
(b) (6)
()F THE INTERIOR Mall Wtiy I --Access lo tho !'lVC1'

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Why I signed -- Access to the river
<mail@change.org>
To: Slo-.e_Whitesell@nps.gov
Dear Ste-.e Whitesell, Regional Director (National Park Servce).
Sat, Dec 29, 2012 at 11 :09 AM
I just signed Jesse B Rauch's petition "N'1tional F'<irk $(1rvmo: Sa\>'l J<lCk's oloathousll frorn Closure!" on
Change.org.
Access to the ril/ilr for ewryday people who want to paddle, etc. Tradition.
Sincerely .
Montgomery Village, Maryland
There are now 2006 signatures on this petition. Read reasons why people am signing, and respond to Jesse B
http: //www. c han(JO. oro/ po tit ions/ national-parks orv ce-s a\e-jac l<-s"boat ho us e-from-c I os urc?res pons o =
2(la27 1O'ffo70
216 West 104th Street I Suite 11130 I New York, NY I 10025
tips ://m<.l!I, com/mDll/b/152/u/O/?ui=2&!k=r 534 i'666f14&v Boathouse&.semch=.,.
111
(b) (6)
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Ullt0F THE INTERIOR Mall" Why I slgnld -- Jack':.; B0<1t provldod

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Why I signed Jack's Boat House provided

To: St01.e_Whitesell@nps.gov
Sat, Dec 29, 2012 at 10:47 AM
I just signed Jesse 8 petition "National Pmk Servicn: Jack's Boathouse from Closuro'" on
Change. org.
Jack's Boat House prmhded hours of fun for my friends and I this past summer as we participated in The Fund
for American Studies at the nearby Georgetown College. Without it, se1.eral memories would not ha1.e been
made, and numerous friendships would not be as strong as they are now. I can't imagino not having the
boathouse.
Sincerely,
Rush, New York
Thora are now 2004 signatures on this petition. Read reasons why people are signing, and respond to Jessa B

29a27107fo 70
l \P1>: 11 m<:iil. le. com Im all/ bl 1 $21 ::.f 1:)34 i'68664&v !ow=pl&c at aG k's h= ... 111
itOO\JIJaok's Boathou:;ti Eviction Put on Hold; Fuluro Uncertain I Tho Go . .,

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Jack's Boathouse Eviction Put on Hold; Future Uncertain I The Georgetowner
tammy_stidham@nps.gov <tammy_stidham@nps.goV> S<it, Dec 29, 2012 at 8:38 AM
To: Peter May <Peter_May@nps.goV>, Stew Whitesell <Stow_Whitesell@nps.goV>, Lisa Mendelson-lelmini
<Lisa_ Mendelson-lelmini@nps .goV>, stew_lebel@nps, gov, tara _ morrison@nps ,gov, carol_ b _johnson@nps.gov
ht Ip ://www, 1ieorg,,townoi-, corn/ mti c les/ 2012/ dec/27 /jack s-bmi t ction-put-hold .,fut um-uncortai n/
Tammy Stidham
National Park ser,;ce
1100 Ohio Driw SW
Washington,DC 20242
202-619-7474 office
202-438-0028 cell
Tammy.s tit.lham@nps.gov
ttps :/I lo, com Im ail/b/ 152/ u/O/?ul :'!2 &I K ;:r;f 768664& low:.!p\&C!:!I =Jack s earc h= ...
(b) (6)
(b) (6)
QF THE INTERIOR M<1!1. Wtw I slgn(ld -- Th!s .!:! \o\/Onc.kirful way

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Why I signed -- This a wonderful way
<mail@change.org>
To: Steve_Whitesell@npS.(lOV
Dear Steve Whitesell, Regional Director (National Park Sor.ice),
Sat, Dec 29, 2012 at 8:11 AM
I just signed Jesse B Rauch's petition "National P<1rk Ser\ico: s,1<e Jack's 8001thous" from Closure!" on
Change.org.
This a wonderful way to experience the Potomac Ri-.er and see wildlife, find some peace from the busy city.
Please let it remain for our mental health!
lll!l!land
h I lp: //www. c hAnge. org/ pctiti ons I nat ionaHiark-s er'-' cCS a\<CJ"i!IC k .. s -boat ho us e-frornc los ur0?r<,Js ponse=
2%271 O/fe70
ttps:ffmDi!.googlo. corn/rn<lillbl 152ful0/?ul;::2&ik=f 534768664&v i:ick's Boalt1ou$O&sean::11;:;,,, 111
(b) (6)
(b) (6)
mtrNENT OF THE M1;1ll - Why I signod -- J<tck's Is ::in
Why I signed -- Jack's is an institution

To: Ste>e_Whitesell@nps .()OV
Dear Ste>e Whitesell, Regional Director (National Park Serl.ice),
Sat, Dec 29, 2012 at 7:45 AM
1
s pEJtltion P.nrk Service: ,JHck's Boathouso frorn

on
Change.org.
Hero's why I signed:
Jack's is an institution in DCI
Sincerely,
-
oakton, Virginia
Thero arc now 2001 signatures on this petition. Read reasons why people aro signing, and respond to Jesse B
Rauch by clicking hero:
http://www. c hanr1e. oro/ petitions/ nat ional-parl\ S orl.i ce-s a'A'.J-jac k-s "l:Joat 1101.1$0-from-c los u re ?ros o =
29a2I1 OlfolO
\ t r:r.: //moil. com/mail/ b/ 1;f $31\ 7G8G6i\ & v k>w=pt&c <11 '"'J <tC k's o&s ottrt , , 111
(b) (6)
(b) (6)
(b) (6)
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(b) (6)
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(b) (6)
(b) (6)
(b) (6)
m:rnifl40F THE INTERIOR Mail - Why I slgno{l -- Rocroatlun<.11K<.1y<1kl11g11> a
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Why I signed Recreational kayaking is a

Dear Ste>.e Whitesell, Regional Director (National Park Ser\ice),
Sat, Dec 29, 2012 at 1:12 AM
I just signed Jesse B Ral.1ch
1
s petition

Pflrl< Sorvicc.:1: Savo Jnck's Bo<:ithous<:) from c:;1osun:i!
11
on
Change.org.
Recreational kayaking is a healthy activity that is environmentally friendly. There are few places to access the
Potomac Ri>.er in DC area. This is one of the few. The only one with rentals. If anything they shOuld gi>.e this
group more space for parking so more people can put their own kayaks in the water too.

La Plata, Maryland
There <ire now 1998 signatures on this petition. Read reasons why people are signing, and respond to Jesse B
http://www. o han90. oro/p0tit ions/ nat ional-park-s orvi co-s '1\RjaGk-s-boat ho us o-from-c los u ro?res pons e=
29a2'f1 O/fo70
llps://mai!.google.com/malllhl /60664&v t1ck'$
111
(b) (6)
(b) (6)
BJW.IWll"MC:N'r OF THf. INTERIOR Mail - Why I signed -- 13ecauso Jack::; i:> <.l
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Why I signed -- Because Jacks is a
<mail@change.org>
10: Ste"3 __ Whitesell@nps.gov
Dear Steve Whitesell, Regional Director (National Park Ser<ice),
Fri. Dec 28, 2012 at 10:51 PM
1
s petition
11
Natlo11al Pew!< Service: Save Jacl<'s BoaH1ouS('1 fro111 Closuro!'
1
on
Change.org.
Because Jacks is a belowd nxture of DC and it would be a terrible loss to the community and surrounding
area to lose the unique recreational opportunities that they provide.
Sincerely,
t1 t t p: //www. c hanqo. org/ pot it ions/ nat ior1al-pClrk t hot.is los uro?res pons H=-=
29a27'I07fo?O
ltps: I/ rTl <.Iii. gOO(j\C, com Im ail/ bl 1 G21 ulOI ?u!=2&lk :!f 534 '/6 e66'1 &v al =J c\C k' $ 80-11thouse&:s ll:lrC h =. , ,
Mail - Fw: 12.28.12 W<.IPc) /\rtlGle and 90 Reader CommEJnts

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Fw: 12.28.12 WaPo Jack's Article and 90 Reader Comments
Stove LeBel <steve_lebel@nps.gov> Fri, Dec 28, 2012 at 7:34 PM
To: Lisa_ Mendelson-lelmini@nps.gov, Stew_ Whitesell@nps.gov, Carol., .. B _Johnson@nps.gov,
Tammy,_,Stidham@nps.gov, Philip_Selleck@nps, gov
From; Steve LeBel [mailto:slevelebel@verizon.net]
Sent: Friday, December 28, 2012 04;28 PM
To: steve . .Jebel(!,ilnps.gov
Subject: 12.28.12 WaPo Jack's Article and 90 Reader Comments
Attached in .pdf
This maybe useful.
lntf)r.,sting how quickly lhe ticle turns once tho facts known.
Other digital media
11
r0ador comment$" ares lmilar.
Baxter family members commented bluntly on one site, reiterating Justin Baxter's earlier comment.
t:J 12.28.12 WaPo Jack's Article & 90 Reader Comments.pdf
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t t ps :/Im 8il. com/ m 01!1/b/ 1521 u/O/? ul 112 &lk f ()34 7EIB66i\ & v iaw=pl&cal =J <.1c k :; Bo<1mousa&s earch= ...
111
Park Service says Jack's Boathouse lease is
outdated and owner is not on it
By Allison Klein, Published: December 27
The National Park Servke offered its first public explmi<1tion Thursday for sending Jack's B<i<1thousc c\!l
'eY..i..cJ..i.Q.tLLccttcr, saying the landmark Georgetown business has been operating on a month-to-month lease
that was unchanged since 1982 and was not in the nmne of the current owner.
JJig._b1_1sincss, which rents kayaks, canoes and other w<1tercrafl, is owned and run by Paul Simkin, who
currently pays $356 in monthly rent fr1r the facility. Park Service spokeswoman Carol Bradley .Johnson
said the agency was reviewing Jack's contract in <111 effort to "regulurize the boathouse operation" and
bring it in line with other businesses in natio1ml parks across the country.
That was when the agency realized his name was not on the lease, Johnson said.
Simkin took the business over when his friend and business partner, Fnmk Baxter, died in 2009. The
business was stm'ted by Baxter's father, Jack Baxter, <l D.C. police officer.
"They have had no problem working with me and taking my money for years and years," Simkin said
'l'hursday. "Why now?"
The Park Service wants a boathouse in tli<1t space to open1te a concession contract, which would bring in
a percentage of s<des for the Park Service and "ensure tlmt the nation is receiving fair compcns<1tion and
Hn1t the nation's natural and culturnl resources arc protected," Johnson said.
Simkin's rent money has been going into a do1i<1tion account. for Georgetown W<iterfront Park, Johnson
said.
Johnson S<1id the Park Service determined it would be "inappropriate and legally questionable" to offer
the concession to Simkin without opening the process up to other bidders. She said Simkin may bid on
the conlract.
Simkin said he would be open to running the business as a concession and would compete if there was
an equal playing field.
"The NI'S decided to open the opportunity for the temporary concessions contract to all interested
parties," Johnson said. "A temporary contract would allow the operation of a boathouse at or near the
current loc<1tion beginning next spring."
While the letter Simkin got said he had to vac<1te by the end of fanunry, the Park Service put those plans
on hold <tftc-r i:tyicwinp from fock's customers <1nd friends asking tlwt thc business
not be shut down.
Now, Simkin is waiting for word from National Park Service Director Jon Jarvis.
'Tm struggling with trying to figure how to move forward," Simkin said. "I'm running out of time."
Comn1cnts Live
alert4jsw
:l::l LJ:'JY! .... bST
",,.the Park Scrv_ice determined it would be 'inappropriate m1d legally questionable' to offer the
concession to Simkin without opening the process up to other bidders."
'T'his might be true if the Park Service was planning to open a new concession of this type on the site.
But in this case, it is nothing more than using the excuse of an outdated lease (whose fmilt was that?) to
steal Mr. Simkin's business and offer it up to others who might have deeper pockets.
Just update the lease and give Mr. Simkin "first right of refusal." If he doesn't wish to continue to
operate under the terms of' the new lease, then the Pm-k Service is welcome to put the opeation out for
bids. But if he is willing to comply with the new lease, there is absolutely no justificntion for forcing
him into competitive bidcling. On the contrary, given how long this same operntion has been in business,
the Park Service's attempt to ti1ke it over might qu;ilify as a government "taking" for which the owners
must be compensated.
Far from being one of those currently popular anti-government z.ealots, I generally like the idea or
government. But not when it gets hard to tell the difforoncc between the government mid the mafia.
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noncl2
4:41 PM EST
Part of "updnting the lease" would be to require the ll<\yment or rent at mnrket rates, which rnn only be
reasonably be determined by putting it up l'or open bids. And if the existing lease isn't in his name. he
may not have ;my right to be there at all.
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dprpl
3.;02 P_l\1 l:j,')J'.
Perhaps the Post could investigate how the NPS is letting Potomac Boat Club fence off the underside of
the historic Aqueduct Bridge and store their bcntts there at no cost. Well known th<tt NI'S want.s the Jacks
Boathouse site to build another rowing facility.
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nutmcggcr3
6:49 PM EST
Silly, thcPost doesn't do investigativejounwlism!
Khartct
_2 __: __29J'_.M [',_'[I
You can almost see how much "better" the lockheed martin/saic/gcneral dynmncis contractecl bom house
operation will serve the public and provide income to the govt.
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11
1-labu 2
ll :4 Lc\_MJ\_S.:.C
Another story where key information has been left out. While it sounds like the big bad National Park
Service is trying to drive poor little J<1ck out of business there is much more to the story. Why don't you
say why the Park Service went after him in the first place? Given Jack's conduct, they were more tlrnn
justified after receiving compl<1ints about his improper disposal of sewage from his RV. Report the
whole story not _just the part thnt supports your angle. Misleading at best.
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Daffodil 123
12:10PMEST
I've seen others reference this irnprnpor disposal of sewage but clispitc se<irching, I cannot find m1y
information on it. Can you please cite your reference?
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Guye_Jern
12:18 PM EST
follow the trail from the RV to the dumpster
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Daffodil 123
12:26 PM EST
I'm being serious here. If tl'lle, this is n very important foct that the Post should be reporting. l don't
understand how an individual gets to live in an RV on national park land. Hell, if l had known, l would
lmve moved there myself years <igo.
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- ~
HalJU 2
12:58 PM r:ST
Maybe the party who owns the dumpster th<it tho sewage has been getting illegally disposed in, roads the
Post and will fill in tho details. Maybe the Washington Post could try to contact this party <ind do an
update on their story.
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D<tffodil 123
1:02 PM EST
Habu, the Post should look into this. This would change tho story from its original mcmc of, as you put
it, the big bad NI'S forcing some innocent little guy out. Should we place bets?
BettyLou4you@gmail.com
1:32 PM EST
The reason that the investigation started is neither here nor there. The fact that this business is reliant
upon a lease which doesn't even have the business owners 1i<11ne on it is.
This has been 11 month to month lea,e for years. The l\1rk Service has every right to terminate it. Tho
poor business practices of the business owner do not convey a responsibility upon the Park Service.
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1-lPicot
Jl:llAM.fi.[J:
$360 a month rent would not get you closet in that wea. The park service has an obligation to protect the
assets of the taxpayers, not to reward anyone's pals. Bidders should show how their bid would benefit
the ownwers (the tax payers), and not other people. Otherwise, people would rent national pnrks and sell
off the tirnber or bison. Come to think of it, that is what the miners are already doing. Well, we need less
of that, n()( more.
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JAWatcrs
10:56 AM
Procurmenth1cquisition rules are strictly applied only when it suits. There is no reason, given Jack's
tenure, tlrnl NPS cannot do a sole source contract for him. Any past error has been on their part.
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..

hoos3014
12:30 PM EST
There is no reason, none, to do a sole source in this case.
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ddoughe811
1:5'.l PM EST
l don't believe there arc any clauses in the F.A.R. that justify a sole source contract based on "squalor's
rights". Too bad that Jack's is not in Great Britain, which l believe does consider that.
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shainkcn
10:54 AMJ:i,'.iJ
Ah let the guy stay.
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rsproul
_LQ;J),9 AM FST
Notice there is no discussion of the failure of the Park Service to keep track of it's assigned assets. Who's
responsibility is it to keep the Par! Service's paperwork uptoclatc, ch? People, all this is about is money,
period. And no matter who they grant the lease to, the APrk Service ain't gonna prospO!' because of it.
And why should we care, if the money is going into a "donation" account? How about "donating" it to
helping pay for the friggin' Park Service'>
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BarnBamRubble
l l:l4AMEST
They found the issue when they were reviewing contracts. Sure, this should never have been allowed to
go on for so long, bllt what did you expect them to do when they discovered the problem? Look the
other way?
I agree the eviction order is harsh, but he really lrns 11<> right to be there ~ m there could be liability issues
if they now knowingly let him operate without a proper legal agreement.
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Crickey7
?.d9.Al\il. ...ns:c
I might be able to pick up a used kayak real cheap soon.
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saunterer
2;
1
P i\M.JiYI:
The operation definitely needs to be rcgulari7-cd, but l do hope Jack's makes a bid and gets it -- they
would be vastly preferable to a lot of other contn1ctms NI'S goes with.
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Croftongirl52
11 :36 AM EST
l ccrtuinly hope Jack's gets il. Another bid may sound good, but often winning bidders do not deliver
what they promise. Too bad the Park Service waited this long to look into the situation.
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ADNova
9:40 AM EST
I fine! it appalling that people who scream "tax the rich" also condone giving this lease away to keep
their canoe rentals cheap. Put the site out to the highest bidder ancl if tli<1t happens to be a .Joe's Crab
Shack that also rents canoes then so be il.
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Crickcy7
9:45 AM EST
As long as it fits the mission, I agree. NI'S re<illy has no choice here. They have to follow procedures
that me there for very good reasons. If the current operator wunts the concession, they'll have to step up
their game. We all win when there's some competition.
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ddoughe81 I
'!: i ) _ _/\1\11 hST
As an occasional (and enthusiastic) customer of Jack's, l was very 11psct when l saw the story about the
abrupt termination of the lease. But. as the old saying goes, there nrc 3 sides to every story, which
usually corno to light later. As a Contrading Officer's Representative with a DoD agency, l know tli<tt
every contract (l nssumc leases arc si1nilar) has a contrnctu<illy defined fixed term and is subject to
competition both nt initial award and when the term expires. The problem here seems to be thnt nobody
from the Park Service w ~ t s minding the store when the original term expired. As a customer, I really
wish the best for fack's but it appenrs that the re-compete of this contract, in accordance with the F.A.R.,
is long over due.
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. . ~
AD Nova
'LJ_,_;_bMJ:'.SJ:
So this guy invested capital into a site when he wasn't on the lease? Hire a lawyer next time.
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plupcrfectdc
'.LJ;2_1\M ... liS.I
If this guy was only paying '.\;:156 a month, he hnd to know the other shoe would drop eventually. The
Park Service needs money and should got a fare return for this property. Why should taxpayers basically
give this guy" free parcel of park land to run his business?
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iShre
paniH
9:29 AM EST
Which ho operates for about 6 months out of the year. So for half the business year ho lrns no income yet
still pays rent. Not exactly like your corner market, is it?
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pluperfectdc
9:34 AM EST
He lives on the land year round in his RV. I-le makes $800k/year. I think he is gaming the US tnxpaycr.
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rsproul
lO:lOAM EST
Kindly prove the fellow is making "800K" running this boathouse .......
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noncl2
10:43 AM EST
The earlier Post story said he had 72,000 customers last year. Rentals stmt at $14 an hour. Sounds like
800K is a low estimate.
h It 11 ://w w w. ng I on post .c< irn/ l!i>:J.l l lj ac ....".
h 1111: I lw ks bo:it ho 11 so. com(1l.(\g_d l
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dfh69
2 ..: .. L.L.6M___E_S'l'
BS! BS! BS! The NPS is now a corrupt Govt agency and they simply want that area for themselves lo
generate money for their own pocket>;
'fhis is a travesty and is a classic example of the Govt stepping on poop.le as they try to m<tke n living
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Parakeets Rule
9:15 AM EST
Well it IS their land and he IS on a lease. That's the risk you take when you enter into a month-to-month
lease.
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"
pam8
9:22 AM EST
No it's not their hind. It's our land tluit the NPS manages, mid does a poor job of it. Because they w<mt
this run as a concession that will put money into their pockets, the cost of bising boats and byaks will
double. All you have to do is look at the cost of food <lt various NPS sites where the provider lws a
concession to know what will happen.
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AD Nova
9:37 AM EST
II' the cost or leasing kayaks doubles then the snle of kayaks will become more competitive. More kayak
S<1les =more jobs building kayaks. Look <it the big picture. This artificially low lensc payment was
costing jobs in North Carolina.
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pluperfcctdc
9:46AM EST
I think Pam8 is P ~ u l Simkin's girlfriend.
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i
Crickey7
9:48 AM EST
We elect leaders who delegate specific governmental llmctions to agencies that then hilve to follow the
rules our leaders set. Don't blame the agency.
For my part, they seem like reasonable rules to me.
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rsproul
10:.13 AM EST
Please cm1 the BS about "sales of kayaks", and get <l grip. The issue isn't kayaks, it is <l m<itter of where
to keep them itnd where to lmmch them. Jack's Bonthouse is no more "costing" North Carolina.jobs than
you are Mensa material ............. ..
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AD Nova
12:23 PM EST
lf you want a k<tyak, sounds like you'll need to spring for a Subaru and <l plttce with a bigger closet.
Again, not my problem.
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(b) (6)
(b) (6)

.
Why I signed -- As far as I'm

To: Ste,.,_Whit0soll@nps.gov
Dear Ste"3 Whitesell. Regional Director (National Park SenAce),
Fri, Doc 28. 2012 at 6:23 PM
I just signed Jesse B Rauch's petition "N<,1tional Pmk Serlice: Jack's Boatho1.1sJ from Closure!" on
Change.org.
As far as I'm concerned, Jack's has been proliding a sonAce to DC for 75 years. allowing the DC area
community access to the benefits of boating, recreation. exposure to wildlife. and exercise on the Potomac.
Jack's allows people like myself to come to the ri"3r by bike or public transportation to paddle. Also makes
tho ri1,1Jr accessible to people who don't ha"3 space to store boats, or can't afford a boat. The NPS should be
grateful. I certainly am.
Sincerely,
Takoma Park, Maryland
http: //www. c hrn1ge. oro/ peti ti ans/ n<it ionaHiark .. 3 erli c"-s ave-jack .. 5 .. boat e-fmrrH.o los uro? res ponso=
29a2l107folO
216 West 104th Street I Suite #130 I Now York. NY I 10025
tips:/ I rn ail. google. com/ m b/ 152/ u/0/7ui=2&1k =f S 3416 0664& v iew=pt&c<.l t =J <lC k' $ o<irc h , ,
111
(b) (6)
(b) (6)
IJIJI1tf..11ARTMENT OF THE INTERIOR Mail - Why 1 ,., 'l'lils ls !OC('ll DC

.
'
Why I signed -- This is local DC
-<rnail@change.org>

Dear Sto\ll Whitesell, RerJionai Director (National Park Ser\>ice).
Fri, Dec 28, 2012 at 4:56 PM
I just signed Jesse B Rauch's petition
11
N;:)tional Park Sorvico: S<:lVO Jnck's fron1 Closun:1!
11
on
Change.org.
This is local OC tradition. What were you thinking?
....
Reston
1
Virginia
There are now 1980 signatures on this petition. Road reasons why people are signing, and respond to Jesse B
http: //www. c hango. or9/ petitions/national-park -service-,; i.lW-j01c k-s-boat ho us o-frorn-cios uro?res pons
2%2/101te'fo
216 Wost 104th Street I Suite #130 I New York, NY I 10025
ttps 534 Y686tli1 &v li;iw=pt&cal=Jack's
111
OF THE IN-it:R!OR Mui! - Fwd: Whlto P<.1pcr on Boal Houso
-
.
.
'
Fwd: White Paper on Jack's Boat House
Sholly, Cam <cam_sholly@nps.go'P
To: Ste-.e Whitesell <ste-.e_whitesell@nps.go'P
Does this make sense?
Cameron Sholly

Visitor and R.osourcc Protection
National P(1r1<.Service
1'02) 500-1020-w
(202)5011287 ..f
---- Foiwardod
From: Blake Androff <blake.androff@ios.cloi.9o'P
Date: Fri, Dec 28, 2012 at 4:43 PM
Subjoct: Ro: White Paper on Jack's Boat House
To: Carn Sholly <carn __ sholly@nps.9o'P
Fri, Dec 28, 2012 at 4:46 PM
Cc: Sue waldron <s(1e __ waldron@nps.9o'P, Margaret O'Dell <poggy_.,,o'tiell@nps.(JO'P, "Dmid .... Barna@npr<.uov'
<Da'.id __ Barna@nps.9o'P, Laura Da'.is<La(ira __ Da'.is@)ios.cloi.gov>, Parn Haze <Prn11 ... Ha2e@ios.doi.gt1'P
We ha1.e a near final -.ersion of the fact sheet but I don't believe it was what was sent to the Post by NCR as it
had some gaps I questions to be answered. Tho fact sheet has more than enough for the Hill, but I would prefer
wo send the same version to Senate Approps as was sent by NCR to the Post.
Blake Androff
On Dec 28, 2012, at 4:34 PM, Carn Sholly <ca111 __ sholly@nps.1Jov> wrote:
Okay. Apparently Laura has a fact sheet on it but I ha-.en't seen the NCR version from Steve yet.
Assuming they're the same, I don't know what other gaps of information the Hill is requesting (e.g,
what else we need to pro'.ide).
Sen! from my iPhone
On Dec 28, 2012, at 4:24 PM, Sue waldron <t<Lic\,.WC1iclron@11ps.r1ov> wrote:
Cam:
I - and i belie"3 da>Ad - had been dropped from the loop on this yesterday: ncr was
communicating directly with doi (parn and blake androff): i caught up with blake last
nlte; he had sent se1.eral comments/asked se1.eral questions on yesterday's tact
1/:,:1
IM:t.NIT Or- THf! IN'rf.H!OR M<1il - Fwd: Whl\o r.J.::mor on Jack's Boal Houso
sheet: he was waiting for those answers,we agreed that until he had them there
should be a hold on releasing more info; i transmitted that to st0-.e label last nite; and
then this morning there was the post story.that neither blake nor i knew about ahead
of tin10.
So that's the long way of saying I ha\13 no idea where the latest fact sheet is, or what
it says. I sent some comments on an earlier \ersion.
NCR is managing this its own way.
Copying Slake and Da\Od on this. We would all appreciate seeing the latest -.ersion
of the fact sheet.
Sue Waldron
NPS
Sent from my iPad
On Dec 28, 2012, at 4:08 PM, "Sholly, Cam" <cnrn ...sholly@nps->JO'P wrote:
Sue,
Ste\e Whitesell is sending o-.er his latest briefing paper on this. Peggy
wanted me to make sure you knew about it and that DOI
communications was informed. Let me know if you want me to pass
any info to them.
Also want to make sure that we ha-.e the latest wrsion briefing paper if
there was anything you had made adjustments on.
Carneror\ Sholly
Assodc:1te Director
Visitor and flrotoctlon
(202) 565-1020W
(202) 501"1207-f
------- Forwarded message -----
From: Haze, Pam <p21rn ___
Date: Fri, Dec 28, 2012 at 3:56 PM
Subject: Fwd: Fw: White Paper on Jack's Soat House
To: Carn Sholly <carn __ sholly(filnps.gov>
Cc: Slake Androff <Blake__Andrnff@ios.doi.gov>
I need a briefing pap0r on Jack's boathouse asap today. Can you get
that for mo? Senate appropriations Is asking.
l Ip::;: I/mill I .googlf;l. com f m all/b/ 1 G2/u/ 01 ,.,2 8.lk =f 534 768664&v 1-0w:.1 pt &c i;it J <1ck 's Boalt1ou:>(l&S oarch= . ..
Lottor to DiroCll)r Jmvls on Jack'g Boathouse and Olhor

'
'
' '
Letter to Director Jarvis on Jack's Boathouse and Other Boathouse Issues
RvomEigen@foley.com <R1,0mEigen@foley.com> Fri, Dec 28, 2012 at 3:41 PM
To: "Ste-..,_Whitesell@nps.gol/' <Ste-..,_Whitesell@nps.go11>
Dear Mr. Whitesell -
I copied you on a lotter I jL1st sent Director Jar.is, but your copy was returned. I am trying an spelling
of your first name.
Sincerely,
Bob vom Eigen, President
Friends of Georgetown Waterfront Park
Foley & Lardner LtP
3000 I< Street, N .W.
Sixth FloOl'
Washington, D.C. 20007-5109
Telephone: 202-672-5367
:FOLEY
Bob vom Elgen
& l.LP
11t Lirt1
:tooo f< f'.l.\N.
soo
1
N;n;t.in11:1.,'1n, D,c.
t1:1
2Q;!-.r)l2r:i3';l-9

f:..1Nro
The preceding email message may be confidential or protected by the attorney-client pri'11ege. It is not intencled
for transmission to, or receipt by, any unauthorized persons. If you ha..., recei-..,d this message in error, please (i)
do not read ii, (ii) reply to the sendm that you recei-..,d the message in error, and (iii) erase or destroy the
message. Legal advice contained in the preceding message is solely for the benefit of the Foley & Lardner LLP
client(s) represented by the Firm in the particular matter that is the subject of this message, and may not be
t : I Im <:111, goog le. com/mail/bl 152/ u/ 0/ ?ul :!2 &lk ;.1f $,11\ "168664& v <It 01c k' !l Boathouso&s 0<1rc h , , 1/2
130/14
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Internal Re"3nue Ser.ic0 regulations require that cerl<tin types of written ad\ice include a disclaimer. To the
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t.J dc_copier_9.PDF
71K
t P5 : //mail. googlG. com/ m Elil/b/ 15'2./ u/U/'?u i;1f 534 7686611& v iow=pt&cat ::J ciC k ':!> Boi;i\ e&s eareh= . ..

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Dirl'ctr;rs
Ann ( '/1r1il'

{ lrncc Batcrni'\rl
Advi!i(ll'Y Bo:-ir(I
lhoma:'> Birch
Ambony AJA
Corimic Btonfnrn11
Richard (:arr
Jol111
Edith
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L1nd:1 M1llt:r
,\rthur Cotton f'.ft.J(ll'\:, FAIA
Johll Rh:hnrdsou
J-i."gi::.r
Brenda
PRIENDS OF GEORGETOWN WATERFRONT PARK
December 28, 20 I. 2
Ho1l(ln1blc Jon forvis
Director
1849 C' Street, N.W .
[)car Director Jarvis:
The Friends of Georgetown Waterfront !\irk (FOG WP) is pleased that you
arc withholding fu1ihcr action on the termin<ition of the lease for Jack's
Boathouse until a thorough review has been undertaken. Jack's Boathouse
and all the existing and potential boathouses on the Georgetown
waterfront arc a serious concern to our organization. We recognize
rowing and puddling as enlivening the riverfront and providing expanded
public access to the river for recreation and appreciation of this wondcrfol
resource.
FOG WP, a n\m-profit 501 (c)(3) corporation, was organized in 2005 to
foci lit<1tc th<: devdop1mmt of and fundrnising for the Georgutown
W<1terfront Park, which was substantially completed in 2011. We and om
predecessor organization raised many millions of dollars to construct the
Park, and we have launched an effort to create an endowment fund to
assist the National Park Service in maintaining the park in perpetuity.
Currently we are trying to raise funds for various needs such as a $127,000
fence near the critical bio.edge. The park, which fills in a missing link in
the world renown greensward along the Potomac River, hns been
remarkably successful attracting enthusiastic visitors from throughout the
city, the region und foreign lands.
13ut there have heen some disappointmcnt8 in the fo11y years of
public wganiz<1tions working to produce the park. Washington Harbour
was developeu on the widest piece of land nlong the river, which could
have been ;i major regional waterfront park. An casement protecting Rock
Creek was 1 ifted by the National Park Service for the development of part
of Washington Harbour despite valiant legal efforts by citi;:cn groups to
FRIENDS OP GEORGETOWN WA'ffl\l'RONT PARK
P.O. Box 3653
WASH!NGTON, D.C. 20027
protect the casement. Currently, our grcakst disnppointmcnt is the luck of progress for over
twenty years in the dcvclopn1cnt of and support for hoatlwuscs.
Boating hns been a signature foaturc of the Georgetown Waterfront Park in all the planning by
the Park Scrvic:c. It attrads active wwcrs, knyakcrs, paddle boarders as well as providing visual
pkasurcs for those on the shores. Rowing and kayaking <1.-C cxc,c<lingly popular. 'T'hompson 's
Boalhou:i<: is _iam1ncd with 900 high sclwol rowers, twp university rowing prograins, and then
many individuals. The need to uddress the prnhkm of h11ilding more boathouses was recognized
in the 1mmy studies prepared by the Park Service since the I 970's. The Georgetown Waterfront
Co1nmission," partnership of the National Park Service and the comnnmity chaired by the late
Senator Percy li-cnn 1997 to 2004 undertook the planning for the park, which included boating as
a critictd planning clcnicnt. /\.\muting committee was established, met regularly, held public
meetings and developed a plan for future boathouses in the early 2000s. Y ct no new boathouses
huvc been built despite many efforts.
Them have been endless and so far fruitless public meetings, scvcrnl cnvironment<d assessments,
no public information on the concession for opcruting Thompson's, and annual renewals of the
long cxpirnd concession for Thompson's and now the ilHimcd attempted eviction of.Jack's. Yet
NPS informed us 011December21 that a muclHkl11yed b(iating study for the very
stretch ol'thc river where Jack's is located would be out in 111id-J;mu<1ry. We are told that the
study is not a "decision document," and WON'T include an analysis of options for up-grading
Thornpson 's Bo;ithouse.
Mc1111whilc, an un8igbtly lot between 34<h Street and Key Bridge contimws to await a university
\)()athou;;e, the successful <1nd popular fack's is threatened with eviction, the historic Cunoe
Club's foture is 1111certain, Georgetown University's site selected by NPS remain8 empty, and
Thompson's continues to be overcrowded with a mysterious concession that keeps getting
renewed.
This sucms the right time tbr constructive and i1rn1gi11ative action on this king festering
boathouse issue. Why not think of a community nm boathouse at Thompson's as on the Charles
River in Massachusetts'/ Why not make a definitive decision on the two university boathouses?
Why not incorporate Jack's Boathouse in the park according to earlier pluns'I Why not fitntlizc
the decisions on the Canoe Club? Scrio11s improvement of these facilities would elevate the
recreational status of om river, as bus been the case in both l'hiladelphia and Boston.
The boa tern, the pub I ic, and all those who have wNkcd lt>r decades for the establishment of the
Georgetown Waterfront Purk <1rc tired of inaction and obfuscation, but we arc still enthusiastic
and ready to help 1nohilizc efforts to produce visible results. 'l11cre is a wealth of interest and
volunteer c(1111mitment to he tapped ifNPS will take the lead to encounige rather then discourage
these activities, which can enliven the riverfront and provide much wanted public enjoyment of
the river.
As these issues have sweeping implications for the completion of a well-designed and beautiful
waterfront, we request the opportunity to meet with you to discuss in detail the possibilities for
enhancing the boating facilities along the Georgetown waterfront.
2
Thank you fur your inkr(:st in Jack's Boathouse and the river.
Si11cc1.e/y. . ... / 'f,/.
\ ' / . ' I f .... /
.. y+,1 + ... t - L . ~ I' : .. fi.1'"1"!.l., i'. _,,..::.. ,)"
Robert I'. vom Eip:cn /
,,
.!
cc: Regional Director Stephen Whitesell
Sup<:rintcndcnt Tani Morrison
..... Superintendent Kevin 1.lrnndt
Cnuncilmcmbcr .lack Evans
3
(b) (6)
(b) (6)
OF THE Mal! - Why I "" I love k8y aklng from

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Why I signed -- I love kayaking from

Dear Steve Whitesell, Regional Director (National Park Ser.ice),
Fri, Dec 28, 2012 at 12:45 PM
I just signed Jesse B Rauch's petition "N<1tional Park Ser"\1ce: "'""'Jack's Boathouse from Closuro'" on
Change,org.
1101,1) kayaking from Jack's Boathouse!
Sincerely,
;
Che-,y Chase, Maryland
There aro now 1959 signatures on this petition. Read reasons why people are signing, and respond to Jesse B
t1tt p: //www. c h<mge. or9/ po ti tio ns/ nat i onal-park-s crvlcc"s tive-j ack-s-boat ho us o"from-clos ure?res pons W'
29a27'1 O'/fo'/O
11'1
(b) (6)
(b) (6)
130/"ljllf\PAHTMENT OF THE INTERIOR M<.111 "Why I s l ~ r i ~ d -- I go to J<:icks

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Why I signed -- I go to Jacks
<mail@change.org>
To: Slew_Whltesell@nps.gov
Dear Ste1,1J Whitesell, Regional Director (National Park Ser.ice),
Fri. Dec 28, 2012 at 12:29 PM
I just signed Jesse B Rouch's petition "N<0tional Park Sor.ice: S>J'A'J ,Jack's Bo<>thous" from Closure!" on
Change.erg.
I go to Jacks all the time.
~
Rock\ille, Maryland
There are now 1958 signatures on this petition. Read masons why people are signing, and respond to Jesse B
l'ltt p: I lwww. c hangc. or>i/ petitions/ nat iorml "park-s 01'\oi ce-s ,,.,,,,_jack-s "bo<Jthous o-from-c los urc'lros pons 0"'
:i93T1107fe"/O
l I ps: // rn (I.ii, geog le. com/mail/ b/ 152/ u/O/ ?ui=2&1k ==r 5:14 760664& v it')w::pt&c al =Jack ':s Bo<.1thCtl$C &searc; h =, ..
111
100!!!1.4.R'rMt:NTOF THE INTf.RIOR Mail- Cormnont on t0(1Jy'$ Post artick>

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Comment on today's Post article
Le Bel, Steve <stowJebel@nps.gov:> Fri, Doc 28, 2012 at 11:45 AM
To: Stew Whitesell <Ste"3_Whitesell@nps.gov:>, Lisa Mendelson <lisa_mendelson-ialmlni@nps.gov:>, Carol
Johnson <carol_bjohnson@nps.gov:>, Peter May <Peter ...... May@nps.gov:>
h l t p: //www. was l1i ngtonpos t. c orn/loe Cll/ park .. s ervi ac ks e-ls-ouldHlod .. L -ori-
it/20 12/12/27/CJ8'/1246c-fi0flo" 11o2/l50<1 .. 7flG3aOl3264b . .S lory. html
"Another storf where key information has been left out. While it sounds like the big bad National Park ser..,;co is
trying to dri"3 poor little Jack out of business thero is much more to the storf. Why don't you say why tho Park
Ser..,;ce went alter him in the first place? Giwn Jack's conduct, they wore more than justified after recei..,;ng
complaints about his improper disposal of sewage from his RV. Report the whole storf not just the part
supports your angle. Misleading at best."
Ste"' LeBel
ProgrHrn Manager, Office of Business Services
National Ctipital Region, National Park Seoo
Phone: (202) 6'19-7072
F<ix: (202) 619"7157
The information con\<1ined in this rnessoige rnay be protected by attorney-client or other pri..,;lege. It is intended
for the use of tho indi..,;duals to whorn it is sent. Any pri..,;lege is not waiwd by ..,;rtue of this ha..,;ng beerr sent by
c-rm1il. If 1110 person actually roc0i<ing this message or nny other reader of this rness1Jge is not a named
t tps :/ f m lo.com/ m ziltl b/ 1 G2! ul O/?u i=2&ik =f 534 760054& v lew(,1pt &cat =Jack's Boalhou:su&:> care fv.1. , , 111
(b) (6)
(b) (6)
OF THE INTER Mall - Why ! slgrl(.1(1 "" Wo love Jack's! Tilo

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Why I signed -- We love Jack's! The

Dear Stew Whitesell, Regional Director (National Park Sece),
Fri, Doc 28, 2012 at 10:00 AM
I just signed Jesse B Rauch's petition "Natiorml Park Secci: Sa\ll Jack's Boathouse from Closuro'" on
Change.org.
We loWJ Jack's! The people, the location, the atmosphere. And the boats. LeaWJ it aloner
Sincerely,
l!ll!a
http: I lwww. c hnnge. or9/pct I tlons I nation al-park "s oce-s a'R-j8GI< "s -boathous e-frornclos ure? res pons w
2%27107fel0
t tps ://moil I. google, com/mail/ bl 1521l1/0/ ?1.11 i;1::,:: &lk =f 534 768664& v lewu1pt &cal =Jack ':s Boat earc h=. , , 111
(b) (6)
(b) (6)
flOCJ4T OF THE INTERIOR M<ill Why I !!lgned -- Rec , Th(1 current

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Why I signed Rec access .. The current
<mail@change.org>
Dear Ste'-"l Whitesell, Regional Director (National Park Servce),
Fri, Dec 28, 2012 at 9: 19 AM
I just signed Jesse B Rauch's petition "National Park Ser'-'cci: Sa"" .Jack's Boathouse from Closum'" on
Change.org.
Hem's why I signed:
Rec access .. The current business owner has labored the work. Don't ruin what he has put together the last
couple years.
Sincerely,
Broadlands, Virginia
http: //WWW' chanqe' orq/ petitions I natlor1Cll-pcirk .. 5 ervi ce-s k nS ho us Jos ure ?res pons o:;:
2%27'1tl7fe70
tps: ff mail. 1(1. com/mall/ b/ 1 !.i21u/O/?ul=2&1k 534 7 68664& v iew=pt&c <1t oc k's Boalhousc&sE"!arch = ... 111
(b) (6)
(b) (6)
1
AH'J'MfJN'f OF THf,; INTF.:RIOR Mai! - Why ! sigm:1d -- Tho tcrr11ln<.1llon of lho

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Why I signed --The termination of the
<mail@change.org>
To: Ste'.<l ..... Whitosoll@nps.gov
Dear Steve Whitesell, Regional Director (National Park Ser.ice),
Fri, Dec 28, 2012 at 9:06 AM
I just signed Jesse B Rauch's petition "Ncltiont:)I Park Service: Savn Jack's Boctthouse from

on
Change.orfJ.
Tho termination of the lease for Jack's Boathouse by the NPS, withol1t public input or discussion, is very
disturbing. Jack's Boathouse has been pro>;ding a great ser.ice to the local community and to callously
terminate the lease, without providing an adequate plan for the use of the space seems to be, at best, short
sighted. I hope that when this re>,;ew is complete, that the NPS will continue to support a small business like
Jack's Boathouse, and that the current operator will be allowed to continue to pro>;de a great ser.ice to tho
public as thoy have for several decades.
Sincerely,
Bethesda, Maryland
http://www. c hclnqo. orq/ petitions/ nHt i on;;il-p;::uk k e-fro rn-clos urc?1os pons e:::
2%27107fo70
l l p$: // m <111. 9(1onio. com/mall/ b/ 1 :;:2&1k =f 534 768664&v lr:iw=pt &c <'lC K's eoal ho us e&s earch= ... 111
(b) (6)
(b) (6)
IHCT'.MllNT QF INTERIOR Mail - Why I -- Jack's boathOLISO Is <1n

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Why I signed -- Jack's boathouse is an

To: Ste"'3_,Whit0s0ll@nps.gov
Dear Ste"' Whitesell, Regional Director (National Park ser,;co),
Fri, Dec 28, 2012 at 7:36 AM
I just signed Jesse B Rauch's petition "Nation<ll Park Ser"1ce: Savo Jacl<'s Bo<Jthouse1 from Clos um!" on
Change.org.
Jack's boathouse is an accessible family friendly, local feeling outdoor treasure that is hard to find in most big
cities. The staff and owners are part of tho commLmity.
There arn now 1930 signatures on petition. Read reasons why people are signing, and respond to Josse 13
http://www. chanqe. orq/ pet i lions/ nat ional-pr1rk-scrvi c e .. s 8ve-jac k-s-bOC) thous uro?rcs ponse;;:
2%27'107fcl'/O
534 '/66664 S.v iew=pt&cal=J<.\CK's 111
nowscllp: Washington - Service sr.1y:; !30<1\hOll!:I ...
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newsclip: Washington Post Park Service says Jack's Boathouse lease is
outdated and owner is not on it
Barna, David <da\id_bmrm@nps.gov> Fri, Dec 28, 2012 at 7:14 AM
To: Barbara Baxter <barbaraj_baxter@nps.gov>, Da\id Barna <da-,id_barna@nps.gov>, Frances Cherry
<frances_cherry@nps.gov>, Jeffrey Olson <jeffroy,"olson@nps.gov>, Jody Lyle <jody,Jyle@nps.gov>, Kathy Kupper
<kathy_kupper@nps.gov>, Mathew John <mathewjohn@nps.gov>, Michael Litterst <mike_litterst@nps.gov>, Suki
Baz <suki . b<lz@nps.gov>, Suzanne Waldron <sue_waldron@nps.gov>, 11m Cash <tim_cash@nps.gov>,
shane""compton@nps.gov, Alexa Viets <alexa .. >.iots@nps.gov>, Alma Ripps <alma".,ripps@nps.gov>, C Sheaffer
<bruce_sheaffer@nps.gow, Carn Sholly <cam_sholly@nps.gow, chris",powoll <chris_powell@nps.gow, G Hackett
<elaine_hackott@nps.gov>, Gary Machlis <gary_machlis@nps.gov>, Herbert Frost <bert_frost@nps.gov>, Jon Jar\is
<jonjar\is@nps.gov>, Julia Washburn <julia .... washburn@nps.gov>, Lena McDowall <lena_mcdowall@nps.gov.>,
Maureen Foster <maureen_foster@nps.gov>, Michael May <michael_may@nps.gov>, Mickey Fearn
<rnickey_toarn@nps.gov>, Peggy O'Dell <peggy_o'dell@nps.gov>, Raymond Vela Rich
Weideman <rich_weideman@nps.gov>, Stephanie Toothman <stephanie_toothrnan@nps.gov>, Victor Knox
<:'-ictor_knox@nps.gov>, Christine Lehnertz <chris_lehnertz@nps.gov>, Dennis Reidenbach
<dennis_reidenbach@nps.gov>, Gordon Wissinger <gordon_wisslnger@nps.gov.>, John Wessels
<john_wessels@nps.gov>, Lisa Mendelson-lelmini <llsa .... mendelson-ielmini@nps.gov:>, Michael Reynolds
<mlchael_reynolds@nps.gov:>, Whitesell Sue Masica <sue_masica@nps.gov>,
Craig Dalby <craig_dalby@nps.gov>, James Doyle <James_Doyle@nps.gov>, Jane Ahern <jane_ahern@nps.gov>,
John Quinley <john_quinley@nps.gov>, patty rooney <pattY ..... rooney@nps.gov>, Rick Frost <rick.Jrost@nps.gov>,
William Reynolds <william_l_reynolds@nps.gov>, Blake Androff <blake_androff@los.doi.gov>, Frank Quimby
<frank_quimby@ios.doi.gov.>, Hugh B Vickery <hugh_'.ickery@ios.doi.gov>, Joan Moody
<joan_rnoody@ios.doi.gov>, Katherine Kelly <kate_kelly@ios.doi.gov>, Queen Muse <queen_rnuse@ios.doi.gov>
Washington Post
Park Service says ,Jack's Boathouse lease is outdated and
owner is not on it
By !\llison Kirin,
December 27
Titc National Park Service offered its first public cxpkmation ThLusday for sending Jack's Boathouse nn
eviction lctttr, saying the landrnark Georgetown business has been operating on a month-to-rnonth lease that
was Lmchanged since 1982 and was not in the nmre of the current owner.
The business, which rents kayaks, canoes and other watercraft, is owned and nm by Paul Sin1kin, who
currently pays $356 in monthly rent lor the facility. Park Service spokeswoman Carol Bradley Johnson said
the (tgency was reviewing Jack's contract in an effort to "regulari:w the boathouse operation" and bring it in
line with other businesses in m1tional parks across the country.
t tps ://mail. googlo. com f m <.Ill/ b/ 152/ll/0/? ul =;?,&lk =f 53!\ 768664 &v low=pt&c <:il =J <.IC k's e&!I earc h= ... 112
ni;iwschp: Washington Post - Parl< Service :><iys ,Jack's ...
That was whoo the agency reali?.cd his name was not on the lease, Johnson said.
Simkin took the business over when his friend and business pattner, Frank Baxter, died in 2009. 'T'hc
lllt5incss was started by Baxter's father, fack Baxter, i1 D.C. police officer.
"rhey have had no problem working with me and taking my rnoney (hr yci1rs and years," Simkin said
Thursday. ''Why now?"
The Pnrk Service wants a boathouse in that space to opcn1te a concession contract, which would bring in a
percentage of sales for the Park Service and "ensure that the nation is receiving fair compensation and that
tho nation's natrnnl and cultural resources iire protected," Johnson said.
Simkin's rent money !ms been going into a donation account fbr Georgetown Waterfront Park, Johnson s(tid.
Johnson said the Park Service determined it would be "itlllpprop1i1te and legiilly questionable" to offer the
concession to Simkin witholll opening the process up to other bidders. She said Simkin rnay bid on the
contract.
Simkin said he would be open to numing the bL1sincss as a concession and would compete if there was an
equal playing field.
'The NPS decided to open the opportunity for the temporary concessions contract to all interested parties,"
Johnson said. "A temporary contract would allow the operation ofa boathouse at or near the cLuTent
location beginning next spring."
While the letter Simkin got said he had to vacute by the end ofJanL1ary, the Park Service put those plans on
hold after hundreds ol'c-1nails from Jack's customers and friends asking that the not be
shut down.
Now, Simkin is waiting for word from National Park Service Director Jon Jarvis.
"I'm struggling with trying to figure how to move fotward," Simkin said. "I'm numing out
t l ps : //mall, googli;:i, com I rn <1!1/ bl 152/ u/O/ ?ul=2&1K ,,, t34 '/6 0664& v at =Jack's Bor.it hcus o&s omah; .. , 212
(b) (6)
(b) (6)
IHN"l4)f !NTEHIOR Milli - Why I siwiud ""I JaGk's Boathou:;o

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Why I signed --1 enjoyed Jack's Boathouse
<mail@change.org>
Dear Ste-.e Whitesell, Regional Director (National Park Service),
Fri, Dec 28, 2012 at 12:07 AM
1
s petition

Pclrk Se1vice: Save Jack
1
s frotn Closure!" on
Chango.org.
I enjoyed Jack's Boathouse for 4 years as a georgetown student and had many friends who worked there owr
the years. It would be a shame to see it close.
-
Pace, Florida
ht lp ://www. change. orn/ petitions/ nal i orml .. park .. tJoal ho us e-frorn-c los uro?ros pons W'
2%27107fo70
l l p!;!.; 11mall. google. com/ mai lfbf 1521 531\ "166661\ & v lew=pt&cc1t ::!J .:\ck :'J. Bo\'lthause&s earc h= ...
INTERIGR Mc.ill - Ho: From Le.:1::io sltu.:1tlon J.:1ck's

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Re: From WUSA9-TV Lease situation Jack's Boathouse
Blake Androff <blake_androff@ios.doi.goV> Thu, Dec 27, 2012 at 8:38 PM
To: Da-.id Barna <da-.id_barna@nps.goV>
Cc: Ste-.e Whitesell <Stew_Whitesell@nps.goV>, Carol Johnson <carol_bjohnson@nps.goV>, Sue Waldron
<Sue_Waldron@nps.goV>, Lisa Mendelson-lelmini <lisa_mendelson-ielmini@nps.goV>, Jeff Olson
<Jeffrey_Olson@nps.goV>, Jennifer Mummart <Jennifer __ Mummart@nps.goV>, Kate P Kelly
<Kate,_Kolly@ios.do1.goV>
Hopo you fool bettor, Barna.
Blake Androff
On Dec 27, 2012, at 7:48 PM, Da-.id Barna <clrnAd _bnrna@nps.(JOV> wrote:
I'm in considerable pain tonite from this afternoons physical therapy on my ankle and do not intend
to respond to this request.
Da-.id
From: "Konnoy, Ko-.in" <KKonnoy@wusafJ.com>
To: "david .. _barna@nps.qov' <cla-.idbarnn@nps.90V>
Subject: From WUSA9-TV Loaso situation Jack's Boathouse
We're doing a story on the lease situation at Jack's boathouse. We're trying to do
this for tonight's 11prn newscast. Is it possible for us to get an on camera inter-.iew
with you or another NPS spokesperson this If that's not possible is there
a statement you could e rnail us?
Thanks,
ttps://mail.googlo.cornlrn<.1ilfb/ 152/u/Ot'lui=2&ik=l 534"f66684&v
1/2
lad1Jf.\HIC:1 - h(;): From WUSA9-TV $ltllr.1tlori Boathouse
Kevin Kenney
Assignm0nt Editor
WUSA9=-lV
202 895 5700
')./?.
(b) (6)
(b) (6)
(b) (6)
(b) (6)
(b) (6)
(b) (6)
(b) (6)
(b) (6)
(b) (6)
IBBYTiOF THE M<tll l -- sm8ll os.p

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Why I signed Save small businesses esp
mail@change.org>
To: Ste\13_Whitasall@nps.gov
Dear Ste\13 Whitesell, Regional Director (National Park Ser<ice),
Thu, Dec 27, 2012 at 6:34 PM
1
s petition
11
Nc1tion::)I Park Service: Jack
1
s fron1 Closuro!n on
Change.org.
Sa\13 small businossos esp in this bad economy!!
....
Fairfax Station, Virginia
Thero are now 1899 signatures on this petition. Read reasons why people are signing, and respond to Jesse B
http://www. c h<mr1c. orn/poti ti ons/ nat ional-park-s or'1 GOS aw.-j;ick -s-boathous c-frornclos ure?res pons c=
29"27107fo70
t tps ://mail. 10. com/ m al l/b/ 1 r:,2/u/Ol?ui =2&ik =f 534 781JG64 &v flt =Jack's Buathou::; o&s h;::; .. , 111
(b) (6)
(b) (6)
IJ@!f."1ARTMENT OF THE INTERIOR M<lll Why I -- bE:lcaus!l It Is an
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Why I signed -- because it is an
--=mail@change.org>

Dear Ste\13 Whitesell, Regional Director (National Park Ser\ice),
Thu, Dec 27, 2012 at 5:46 PM
I just signed Jesse B Rauch's petition "Natiom11 Park Ser'Acw Saw Jack's Boatho1.1se from Closuro!" on
Change.org.
because it is an inoxpensi\19 way for the public to enjoy watersports ...
Sincerely,
--
There are now 1894 signatures on this petition. Read reasons why people are signing, and respond to Jesso B
http://www. c 1111 nge. or9/p0t it ions/ nati onalpari( S er\i ce-s ilW-j cick-s-boat 11ous 0-from-c I as u ro '>ros pons 0"'
2%27107fo70
216 West 104th Street J Suite #130 I New York, NY J 10025
t l p:> : // m <111. com/ rn bl 1521 ulOl?u!=2&1k =f '768664 & v lf!w=pt&c at =Jack lJ Bo<.it hol1so &5earc h:; ... 111
(b) (6)
(b) (6)
130/11\
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To: Ste...,_Whitesell@nps.gov
Dear Ste\ Whitesell, Regional Director (National Park Sel'\ice),
Thu, Dec 27, 2012 at 5:15 PM
I just signod Jesse B Rauch's petition "N;ition<il Park Ser'<ico: Siive .Jack's from Closure'" on
Change.org.
Hare's why I signed:
Jack's Boathouse Is an oasis in the city. I'"' been meeting my friends here for years, and la\ the opportunity
to take my suburban daughter out in a boat. Not to mention the job opportunities the boathouse pro\ides for
twenty-fl\ plus people! Please keep Jack's Boathouse open!
Slncoroly,
Annandale, Virginia
There are now 1887 signatures on this petition. Road reasons why people are signing, imd respond to Jesse B
http: I lwww. c: han(IO. oro/ po ti lions/ nut i ona l.park .. 5 er'<i co-s '1\-jac k+boa I ho us o-from-clos ure? res pons c=
29"2'110/fe70
ti Pf!; 11 mail. google. com/mail/ bl 152./ u/O/ ?ul S34 Y66664 8. v lew::;p\ &cal =J ac K Bo<.1thous o&se;1;1rc h;::;, , ,
111
130/111 DEPAR"!'MEN"I' OF THE !NTEHIOH Mal!" Re: Any llP('i.flte!11 on Jf!ck'a? .
LoBol, Stovo <:;luw ....
rtiu. 21. 2012 flt f!:07 PM
To: Steve WhltE:lirnll <stt1w_whll0$E:lll@rip$.(.)UV>
Cc: tlso Monc10lsonlelmlnl ___man(ialson-lelm!ni@nps.go\t.'", Cmol Johm10r\ <Ct1rol ..
I !1pokt1 with C11rol earlier ruf. tht1se quostiomi, but ht1\fJ further inform<itio11, PIO<l!.lO $CO ;)U<Jct1ed fll(l In tr1;11:k changes.
$!1e .:1$k$ we a(l(I her, D.flWI Barna, Peggy, and Blake 10 our om<1il clrclo. App<.lfOf'ltl'(, POIJ(IY Is not rocoMn)J all or tho omi;ill traffic. She stated wo'ro
not roildy lo 110 public l1r1til lho lac\ M1f;1;t i(c. 11on1plQtt:1,
! receiVt1d fl call from Jim Baxter, Jack's son. Thoy'ro oxtromo!y plOr.\:ied wo "h.\kh11) b;)Ck" tt10 1Joot11m1so. 'thlil (::;imlly ft1els Prnnk was swindled out of tho .)$
W()ll ;)$ l!\Q 11111ol(tin!-). We'Vt} confirmo(i thf/ Inholding Is In the n11me of Jack's Canoo:i & Kayc1l1:;, LLC. Ht! cOr\\c1'11pl<iUr"l(I to u1e prn!ls with this ilnd will let me know
tomorrow, Jl!ll D;.wtor (;(lr"lrlrf'11C(I wl1;:it 111r. son J\mUn wrote In 1111s comments on Petition.erg.
Late news: Wi:J '.!:lrbc1lly checked with DC Corp. COtmcil. Jtick'$ C<.1rlCO$ & !<tiy<iks, LL.C's l.LC w.is pending receipt of a financial A:J I wrih.) t\rW rnWOf$10n<I
Jnok'fl clo bus!nes!I !n DC until DC recll\'Os tho financial report rmd roin:il!.1te::; hl$ Ll.C. Wc'ro fJXPCCtlng i.111 (lma!I from f)C tomorrow to confirm thl:;.
On Thu, OE:lc 27, 2012 at 2:46 PM, Stovo Whito::;oll <:;!oVt:
1::Hol!O
"flw::ie (lt1o::ilion:> ror yot1. wo nco
OOCOl'l'lbor 27, 2011), f">M EST
To: "Johnson, Cmol" -<:1.:;1r1.1I. !.1..
Cc: Stave Whitesell <'.ste-.,,:i ... U\uf/.\ <li.\111'(\ "f'{aohol.)1.1c(lb'.:lonif:!)io8.d1Ji.qr.lv''
..: ... (JOI. , ".Jon . ..Ji.1r vis (i:l,1 <Jrn 1 .. .Jar1.fa \1ov ... , "p1mnv.. : o'do1Jc<i111f.);;. qo.P,
.. [-' . \JOV' ..: Mi,1L1 \!!llM(\i)r'\f)S. (j(l'/.'-, "k .sit fl.} f!ll y(\'i).10;;. drn. qoi/' < k oil c .. k d ly /)(Ii. \JO\f-'"
Subjoct; Ra; Any '"
mo some rodllnc wl1h questions In the 'comments' section of tho r'l\tlfkO(l llf) I'm hoping thE:l region I park cEJn help
tln3WOr.
On l!1t1, l'(.IC '),'(, M 12;11a PM, Johnson, Caro! w(Olo:
I mn ttio t\twct
I am continuing get calls on this. Reporter from the wi.1::ihlngton PoM Ill oskln11 oil rlghl quE:Jatlons and l'd like to ba t1ble to gil(l hor tho an::iwors
$(10f\, (Wl1<it nr{) 1110 le<1se COr"l('lltlons? Who has the lease? How much i3 bolrig moWo?) Al:JO knows the charges (you wiU 31.:lll thc1t
rofernncod in tho ftict :ihcol) l'<t like l!1o (IO<lllef!d to give thl!J to her or have someone to her
On "Thu, Dor.o 27, 2012 <ii 12:37 PM, ... wroto:
ThE:l fact sheot i3 in il':i fimd ro\-iow. I'm ir"1C.:!t1dlr"1Q Cl:lfOI JOl)fl$On In lhl!I ema!I. She has tho l<1tcisl <:ind Will fotWard to ;all ()n ch11in.
As /c)r question, Iha :;mswer Is sadly no. Wo did a poor job of ta!Kln(l to $lt11kln once we round there was an undm'lying problOr'ri With tho IOa$O
It cm1ldn'l b(J trim$k1fl(!(l lhll approval o( the leaser the NPF acting on otir IJiJhf\U). MY wflre exceptlanally reticent to contact Simki11, In
apito of strong onco (Jul' SOllC.:ilcl"s bCfjjJn to (llJOStlon tho undorlylng lo11so Instrument. l!I $1.ll(!, ci:1n lood o hor!;le lo water, but you ccm't
make them drink.
Stow
Sent from my IP11d
Thanks, Blake. Agroo II would bo most holpl\.ll to flnall7.e 1he :sheet and l'lnY lnlo wo h;!l.VO, 10 pass along as
b;;ickground. WE:l should aim if we ccm for tho hOl<llnQ s.la\on1or"lt lo us through on the record until riO:d wool<, whon Jor'\ the team
con pill SQm(I more time Into thinking about thE:J (Jf tholr rovlow ond po\11 foiward. To that end, do wo oxpocl to h<.1'.(1 <:i l<i.cl M1ee\
firir.lll:O<l t(JW.ly?
Soni from my IPad
Ori Doc 27, 2012, at AM, ''Androff, Blake" ___ wroto:
No <i.dfJltlorwl pl)ndlng raq1Jests, but copied below aro two storlos from morning -- W11!1hington Cily P<ipol' <.1nd mo
Washingtonian. NPS Is 10 IJ!JO the holding !;lll'!tement from Jon ttml tho 1'11<iUor IS on 11o!d until furthE:lr re\oiew, tJt1t
11 ls clear that this fella Is will!ng to go to !ht\ rnodla to paint l'I plr,tuffi of uncertainly and conft1ston. TI\(l l'l.!\'.ll0t1 working on
;-"I filr-1 I think It wn11lrl hfl hPilnf11I tn ;ihlA lo lln !;:ilmfl {lf thn dAiniR tmirm t1hln tn nfiir\I 1(1
lips :/lm<.1 II .gooole , co rn/rnaillb/ 152/utOI? &tk =153<17680134 t::Jack' s Boathouse arch= .. 1/4
130114 DEPARTMf-NT OF THE JNTEHIOH Mall" Re; Any on Jcick's? ,,,
""" .,., ,_ - --- - , ... ""'"" ,. .. - - \"" --'<' "''"v v ""'"'
if ii exists, between NPS <1n<I $1mKln showing \hFJro h<iw boon multiplo effqrts tQ work with tilm, etc,)
ii wu don't comment untll we u p11tt1 f1irw1i1d,
"

\ I
'

Aftar With J<1ck's owner Simkin <ind o
Pf.lrk Sorvlcc spokesman, l can srJy th::JI NPS' intonllons about ::is clo::ir ::is tho wators ol the
Simkin h;,1d rounds of correspondence v.-ith NP$: tho initie1l of his cm NPS
still01f'IOrH rolloi.vlng public outcry thf!I .::i botithouso IJl,IJUIO rcm.:iin ;:1nd Simkin w.:is wo!cornc to bid on tho
word from NPS Director Jon W<IS put on hold ... until h0'.s tlmo to
rovi{lw."
Tht1t bil (>f inlonnCltion seems. to be pertir1ont one. to NPS David aarna, ,Jarvis
"just put ;;i t\o!<! on ovorythln9 unll! h8 got!> tn1eK [from In a W.:J(>K (11' so."
Sirilkin vvorrios thr:it tho ltinfJUf!QC:l of NPS' n1vf:itS<ll c!oo:>n't 0ll'1f<'lnl!.'!!.'l fhflt Jt,i(;k'a can stick r:1round, bt)\ r;,i(her just
th[ll 8 will to opo(a\c In \!\[Ii location, "Yes, lt\0 boilthousc will bo t110r.:,i, doesn't
::;p.;;rnk lo rr1c1," ho says,
B<irll;"t th.::il lh81'{/S no onl:l WflY qr r.iriothor. 'f'ho l<lca Is lo rrom fl
to.:iso----NPS plckc<l lip J;:1ck'!i! loase when the Goo1'}.ICtown wat(!rfront proporty was transfcrr<:.-(l to Nrs in 19U4--lO
mor0 It's posslblo that lho c;onc;C:JS:>lon will be giV('ln to Simkin wilhoul blclclin(I
procc:>:;, t;c:1ys f:l<.irna, or it'll b! opon to l)iCIS ((Om <ii!
kind of ciro r<lrc for llS," SflY!;I B(lrnci. ''W8 lontl to oporato und8r the:.e COr\C(lSSlons ltiws .......riGrf/
\l)ln(IS iJ<l l(ir a bid for c1 of ycl:lr!;!."
But GimKin m1rics lhf!t \'1 biddinf/ could HO to \l'A1ornov8r NPS IJ\A.)ich might not bo ''I
Wld by folk:; !hal know that 0)(1 SoriVC8 dOOt;n't rollcw bicl:; Iii((! 0H101
Simkin s<.1ys, lo common p1<1c\lcc of th.;;i concussion to tho bidtk>r. "It's ctono stl'lctly on
vvhst \hoy bcli()vC lo th0 fit.'' (Barria concedes \h(l1'$ \l"llt1: ''U not C;umo Clown to tJidder,
lowcM bid<l(:lr," imy::;. "ll tl<.lS <.i lot of clhor tltinn';I in ol Wi)<il tl)e conceaf!ioner \NOulcJ supply.")
tlO W<1*1 lnHli.1lly inlo NPS hc<:1dqu<irWr\'\ lhis !1u1rn11or clnd tolcl that 110 t11.1vc-i to ch<.1n90 to
Fir:;t, !'Jc t;ays, it w::is (l thrcl<!-yc-iar controGt; \h(m it urH: year. men tlNO,
tt1<1l, SlrnKin st1ys hf:l c\'llled and wrow to NPS mor0 2() tim0s-"nico lcttors, not sn(lrky douchebag lolto1s.
th<i \Ito only h.;;i recuivod VV<.lt! "a mos3;:1qC;1 back that thoy'ro pursulnq and
WU oct b.?lck to ;-ihortly. Th8Y novo1 wo:'
Sinikin f(ir.Jrfi tl"\<1\ renJly behind tlii:Jt.(l (lovcloprn0111:o:i is fl by NPfJ to push ,l;;ick'::i out in f<ivor or tt
Geor1e1owi1 or fl bo1,1\h(H1so op(:Hc1k1t! by
<.:;orHr<l(:to1 thr.lt rt1n5 mo!.'t (Jf tho
''I think Wf:J're just in tho wronn a\ thB wro1ig time," Simkin
, mo NPS
tips ://m"<J ii. googlo 'com/mal!/b/ 1 5 '1.,/\J/01? u i =2&i k =f 534 r a aa 64 &vie,..,,..pt&ca t=Jack' Ilea lh 0 use rch= ..
214
130/14 DEPARTM!;;NT OF THI;; INTERIOR Mc'lil - R0: Any upc!cllos on J;;icK'!:I? .,,
By C;110/ l?oss Joynt
Ill/) p0pular bo;-:it rontal focility in Goorqetow!1, 011 Mor1(l<1y In !':llCIW. ll <111
um;orl::1iri rtiluro. Pholo(lr<iph !.1y C\ir(ll .Joynt.
('l/ I 26, 2012
UPDATE; After th(: ;:ill1m1001i wit11 NP8, Simkin dm1critrncJ tho 11o<irly cmo ti{!llr
dhcuss1on a8 'not pmducli\IJ." Ho iiaid, "I told tht:rn I w;):I 1ry1119 lo liri(l .:i wiri.win ::i<>l\!lion. lh11y s<1id thoy
(1)()1)1inn Wi!I\ rlli': tlnly i:it 111y mid thoy lmd t1.i ;.1dd or tt.1 Simkin tw WtlUl!"I bo
cont<1ctiri[J ;_i lo1wyor :-t1(m 1:1:; (11l(I W{1\1lfl b::1::;od on ltig<il <id\oico. 'll will co:;\ lho Pmk
8N\llce lo! of rnorwy if I ll
1
w1I ;1ction," ho
lhi:: NiltionHI Pmk Sorvico hi.1:; miJGlii$l willl U110U1Cl11f.o (!Wnor Pmil Simkin for
to lfY to rn!lollA'I wh:Jt Simkin calls tho hi!! 10;'1!1('1 ot tho
rmpul<'.11 111 C1COf90WWr1,
Simkin rnr,oi1A:ld <m o .. mail from Sto\of.1 lt'lc re(JIOn(ll (111cctor IClr ll'I(! NPS, ri!iklnH
him l(> wilh lw\"! !11 !ho /'!lllilil, Whitosoll s<lid ho hupoJ 1ho mm.ltlr\$ "will pmvo
co11:;trucliw, lil1t ho :;<.1ld, "I do1'1'\ wo Will t)\'! abl('I to prol;jdo fl dlftnltii,.e am;wm \iJ a rmth forw!.n\'.l 11nlil
Yoar."
Simkiri, in ;i p\i()r10 with W11:;l1/11gtool(m, IW would mN!l <it tl10 NPS Point ofrico will\
Cf(Jok Tara Morrisor1 m1d Slovo l.ODol, ()1\0 {1f "[ho fin1:1I d0cisio11
lho bt!) 0f B0Hthm1!10 will b!:l mado by NPS Jt111 J<i1'1i$, wt10 (111 v..'IGa\1()11 lmlll ,J;:immry
l, wh1Gll H\t1y exf)i:.li1l lli$ p\1lU11q \h(1 w11010 procoa8 on ''hold."
Liito lm:il W\1Elk Simkin w11al ho cullod a form lollor from NPS, 111f(irm1n9 him of the
cvlc.:lic.11'1 or Ul(: bnol mnti11 t11iit in pr8c!icl111y undor l<oy Th(;1\ O!I C:hrlMrriM;
lo<irm){l lil<1l tho NPS "pt1lliri11 (1 ll(lld (Jrl ol;jctlon'' tho! w0uld h<i\A'J 11omi into off(1G\ i.1( tho
ond of ,JF.111urny.
Simkin, who rororrod lo tho NPS \)*I lh<J11 s11011ilniuf.lns," s<iid Jl11"-ois w,:1:; lo "fwbli\;
rosponso." As of Mond::iy Simkin i;<.1ld ho w<it. llJli.1 NPS ll\l(t ll(!f!f\ with mo.sr.<igo.s, ;:1.s wall
;1f; mc1(!"! 1J1a11 1
1
(iOCI on an f)Q!ilii"Jn prolos1in1J lho NPS in a s!atEm1ont, said ho
r1lC()iv<1d of \1r'Mlil$" t10ni citizon:1.
$1mkln ho's h<id 8 bad rol::itiom;hip with ttm !he P<.lrk ScrVlcc (i\11inn \11(1 yams ho h,:1:i owned
lh<1111111lc<1sc1cn(lw0I sh1llod tho s11mrnor, Tho 11cw woi.1i<t !1:.1vo b(lt)l1 for
thrEJo yoc1r:;. "Wo sl<.1rlcd lr'l J(m(), i:irirJ then whik1 thoy just didn't rnspond. I lo
11011 And I don't lmowwhy." Ho wrohJ to \ho P;1rk i1n(1i11 on Chrlstm;:is 8 1111.:lss..'lqo which
pr(\111f>l(1(! 1110 sct1e(Jlllt:!d for W.:idnoaday aftomoon
i!I no offlc1i1I word on what plrnrn tho Nf)S /or mo f'M1i or l;)lll.I U1.:i111()ifJ:=: funky ront<1I offico,
or (;;Jnol.li; (lniJ .:in 11nd colorful dock whoro liko to \'11"1(1 (;hl!J c!urmH tho
wc1rn1 tl1al tllf.! sp::ic!l could btl d!lsi91mtod for <I
tioathm.180. Gnorgcitown sponl i:t rnillion IO\)l')yln9 tho Park Sor-...ico." R<1chol GU'$
(!( m(!(lln r(lif.llions, a8id 'thi!l i:i not truo."
Simkin g,;iyll ho took o\IJr Jacl1':; ancr <1 r)u(1\1,1111(!1' <1r1(J ll(!ffic11(Ji11H <111d tho co-owrior with H11)
Fri1r1I< Biix!(!1, the son of tho J<ick. H!l !)(! t..lW!1Q(l tho
Gustorn()r !1<)$ qrown 12,000 in 2012. Admil\in(J th;.1! !h(l $\11ll'! ol m;;iko8
him fol1I i11 11 l\ind of :.liri1b(1," .'.;l,11(1 concom la for tho moro th<.1n two do;.:or1 mllitrny
who work for him in :iorn;on. 'Tm f()r \!W \)1l\f)li>Yt':'l)$,'' h11 s<1id.
1
1 don't know whc1t lo toll thor11."
lhfl $t()ry of e\oiction hrobJ last wool1 in The ncw!:p.-ipM and u\ my intontion i$
l(l or 3lg11 m1y1hlng. I don't w::int to ruin the to fl;--: 111 g11(id f<lllh." Almost
imir1cdi<1tely 110 "l)\1l l1(1Mi119 niysEJlf say that, I'm not :rnro,"
On Thu, Doc 27, 201:il <it 10:47 l\M, L;:,JIJrB Davis -:1i;1urrJ .... wrote:
Looping Blakl to :ioo ifwo h<1W any further inquiries lo(lay. My sense is
that there Is momontarily less lntorost with J(in's 11(! IS
l!\c (foclalon. I Imagine we'll get follow ups soon for
timing i:tr'\d (lo\1;111s ol tho roJow.
----- Original Message -----
From: J;:,icQb!;lon _
Slnl: Thursday, OOCOrll!)OY 07:114 AM
To: ,lon . <Jon . ..J;:1r<,isq))11p.'>.(JO.P: p(:i)()Y ..
-::puqqy .. ... <M1:1urccr1. .qnv;:
'.; [01.u. whi l8\P V:W,i,Jr 1p:; , \l\'!V ..: .. wlli I
Cc: l..m1r:1 .... D<1vis(i.V.1m;.doi.\JOV <L<.H!r;:1.
_.,,., "" '"" .... ,
'IGEIG64&vlewmpt&cat=Jai;k's ..
314
130/14 OF THE INTF..RIOR Mail - Re: Ar..y llpdi:1leR on .
r-.:. .. r-. (!I I'/(\ .. I\ \!llY\l,l,! ll\11. qOV-'"
Subject: Any on Jack's'? .
I'm here this weok ii mW !!:l needed.

llr p11ty Ui !l.'\.llH ol (1)P'111!11i (.ii \l'"I'
!1l lh1.
011c.>: ('.'(P) ?Pf\ (i1J(, I t1,11 (nl)I n;

N,11w11:i1
Milli ;111() lnrk\
Olm' lll>v(, '.!W
fl,C.

1'11(111(\' ;10:>-; .. \!,i\ '/\)ll
fllalw/\ndrofl
il(' 1n1 ly 111 of 1im1'
U.5. f.\1>r,.nrm('11t (ll 11111'r1or
uon 1 n.i1. pon 11'.) 1 1n,
tHOU"! Lf!8t'll
D1.1puiy Dimclor, Op()fil\io1\$ <lrid [(lrn:.<tllon
Proqrmn M<m<.1ncr, OfrrC{! or
Cap1\f.ll Ru9im1, f:oork
PO:.!)
F<.1x; (f.0?.) fiHlYt:i"f
ll\Cl li1formation conlainod in thi:i r1'<1y I.$) pc1)!f!Cll!d by <1ttom(;y-cliGnl 01' pdlAlwJo. It in\ondml f()f t11() w::e 0r the to whom it Any
r1()( wn11.ii:)\t t)y vfrhlll 11f lhif-1 boon by o-!llt1il. II <:1ctut1lly mcoi'linlJ tl\i,'; or f.!ny othor 1B<.1ticr or l!l not a nrnr1ctl Wi;i1)ici"11. ;1ny
u:;o, cJi:i:;rn11m;:1\i(m. or of this i.:0111mrn1ic<.llior1 i:J f!li)l\l!)ll<l(I. If you rocoivo lt1i..; i1l OffOf, pl0<1:;0 conta<.;l tl\t) $l.)r1(1()f.
HJ {2).do<:x
-
ttpa :f I mail. goog!c. il/b/ 1 52fuf0f?ui=2 &ik =f 5 J4 768664&view;;; pt&cat=Jack Boa thou8f1 &search= .. 4/4
(b) (6)
(b) (6)
i'il(J/([)f THE INTERIOR Mui! Wtly I J1;1ck'a Boathouso <.I

.
.
.
Why I signed -- Jack's Boathouse provides a
mail@change.org>
To: Stew_Whitesell@nps.(JOV
Thu, Dec 27, 2012 at 4:46 PM
I just signed Jesse B Rauch's petition "National Prnk Service: Sa'kl Jack's Boatl101.1se from Closure'" on
Chango.org.
Jack's Boathouse provides a healthy recreational way for people to see the beauty of the Potomac ri\'Jr. I
would think the National Park ser.ice would help promote this. Jack's has been a positiw part of the
community for years!
ht Ip: //www. c hfl nw>. orq/ po tit ions/ nat i omi 1-pa rk -servi cc-s a'-'.1-jack -s-boat ho us o-frorn-c las ure ?res pons o=
29"2I10'ffe70
l tps : 11 m al!, googlG. com Im <1111bl162fu/O/ &lk ;:;f 1534 708664& v !ew=pt&cc1t JC k's Soathouse&s 0<1rct\= ... 111
(b) (6)
(b) (6)
130R.IAAHTMENT OF THE INTER!OH M;.111" Why I :!!lgned -- tt Is tho prlriCIPlll

'

'
Why I signed -- It is the principle
<mail@change.org>
To: Ste'-"J_Whitesell@nps.gov
Dear Ste"'l Whitesell, Regional Director (National Pmk Sel'Ace),
Thu, Dec 27, 2012 at 4:20 PM
I just signed Jesse 8 Rauch's petition "National hirk Se1<Aco: S2111e Jack's from Closure!" on
Change.org.
It is the principle way my family and I enjoy the Nation's Ri"'lr, and it would be tragic to lose it.
Sincerely,
....
http://www. cha noo. org/ po tit ions/ nationaHJarkS er.i ce-s a\18-jack-s "boat ho us o-fronHJ los urc?ros pons 0'"
29n27107fe70
216 Wost 104th Street I Suite #130 I New York, NY 110025
It J..1:>: I Im <.111. CQm/ m 1;11!/b/ 1 f)2/ u/O/?u i=2&ik =f '16 06 64&.v law=pt&c at =Jack's Bo<.\\ house &$e;;irch= ... 111
130/H DEPARTMENT OF THE !NTER!OR Mtiil - R(;!: Any on ...
John1;1Qn, C;;irol .::c:;irol_b ..
To; Stovo Wtilt(J:1oll -:::1\uw ...
Thu, Doc 27, 2012 Ell 3:fi5 PM
YO$, No??"I Sh0'$ on d0<1dllrio.
On.'fhu, l)oc 27, 7.012 <.II ?.:GO PM, Slow Whitosol! ... wroto:
Cmol
I bulluw wo should rolEJEJso tho fact shoot - porhap!I to ju!lt the Post. ThB!IB q11e!IOon!I am going to not;id to bo ;:1nsworod whetho1 to<!<1y or no)(\ wooK.
- wo will nood your OK boforo rulm.1:io.
StoVt")
Sont from my iP<ld
On Der; 2!, 2012, <lt 2:31 PM, "Jotm:;on, Cmol" <c:::irul .b..iohn:mn(Qlnp!l.\JOIP wrote:
I fl1"!'1 o\Wchlng tho lt1k1sl fact shEJet.
lam contlm1inn to C<tllG on lh!s. Roporl0r from lh8 W8shington Post is asking all the right questions and I'd like to be ab!a to glwi her the answArs
soon. (Whr1t are the lease conditions? Who hfl!il tho IOIJ!ilo? i-1ow ls bolng mi"ldl>?) Also knows l:lbcut tho <ll1mplng ctll""l!''1(1S (you will soo tho!
rel!;'lf{l{\(:(l(I i{\ tl'(l f;)Ct S/\C(lt) I'<! like Uw to Oi\-f.J thi::i to hor or hci\.U somoono !<.ilk to hor
Ca rot
On Thu, Dec 27, 2012 at 12:37 PM, Whilesell ___ wrote:
rhf.l ri:1ct shflot Is In It's nnol rn\.1cw. rrn ir1Cll1dlri() cure! Johrisori lri mis er'rir.111. ht'ls the latest 0dltlori arid will forward to till Ori this cht'lin.
A!il for Bf;:ikt.1'!3 question, tho ::inswor Is no. We 1ioor job cl talklno to Simkin once wu low\d lhoro roblom with tho lo<1so
(io. It couldri't bl! trt'lrisfmnid without The approw! of the leaser the NPF acting on our beh8IQ. My folks were exceptionally reticent to contact Simkin, in
spite of strong pushing, once our to \h(l 11n<t(lr\ylns 101:1se As Is sol<l, YQIJ c.nn loa<I .::i h()r!Jo to earn
lheni (lrlr1k,
Ste\.G
Sent from my IPad
On Dec 27, 2012, r1t 12:05 PM, laura Da'<is .... wrole:
Thi;inks, Bli;ike, Agree It tie most to tho lact sheet and any accompi;inylng lnlo we hn"!. to i:is
background. Wo should ir wo coin for the l\oldir\() statl!rl\@11t to got us throt1()h Ori tho 1'0COl'd urit!I rioxt wo0k, whan Jon the toarn
can put some more time thinking aboul the liming of their review and path forward. lo thr1t end, do we expect to have ::i fflct sheet
lln<i!li:O<J tCdiifl
Sent from my IPad
Ori Dec 27, 2012, at 8:23 AM, "Androff, Blake'' <bl<lk(.> .... wrote:
No t'ldditiorial requests, but copied below .1.11'0 two stories frorn this mornilig - Washington City PE1per and tho
Wa!3hi11gto11lrn1. NPS Is continuing to us0 ma holding from J(ln thot the m.ntter on holW, t:il1t
it i::; cloc1r \hc't thi:i folla Is lo go to tho media lo paint a plcturu of uncortaln\y and confusion. 1110 roglon Is working on
a fact sheet and I think It would be helpf\.11 to be able to pu!lh back on !IBme of tha c!Bhll!I (le being :;:ible to point to
corresrcn<!onco, I( It ox it.ts, botwoon NPS r.in<I Simkin st1owing t11oro llf"\\-O buon mu!tiplo ofrcrts to work witll hirn, otc.)
lfwe don't pro\Pide furthercommi;int we hr11,19 a path forward.
"'

"

,,
tips ;/Ima II. gle. com.lmal!lb/ 15 2/u/O/? ul ;::i.2 &lk 34 7 6 86 64&v!ow.!!p t&cat Boatho arch;;; ... 114
130/14 DEPAHTMENT OF THE INTE;;RIOR Mail - Re: Any upd[ltos on Jack's? ...
Aflor spoaklnn with J;:1{;k's OwtH)r P1Hll Simkin Omd <1
N<1tion::il P;:i.rk ::ipoko'.'11iit:1r1, l c.:in lhoil NP::.: intentions 8ro cklar tho w.:itor::; of the Potom;:ic,
Simkin sflys hu h<id round;.; of correspondoncf> v..1th NPS; ini!i01I !{Jrr'r1in<.1\ion of an NPS
(oJJoYvlnQ public OlHcry tll8t i:i botttho\1so r{irliaiin cinct IN<IS to hid on trio
and IM')l"r Jon Jarvis ltl<lt "evc1'yll1lno was put on h{ll(! ... until tu!':; h<.id tlmu to
ff)VIOW.
r11c1! bit ol lnfo!'matlon to portinont ono. Accc>rttln(J lo Nr:JS sr>okosmr.in David 13:,:irns, ,lnrvi:; hr.1!1
put ;:1 hol<I on \mlil 9Jt:-; tnluk [from w.ici:Hlonj Jn a Wl:)Ok <Jr 5(J,"
Simkin that th(l ol NPS' clocwn't can slid< Cl!'Ollnd, but r1.ithor j\l!)t
lh<it a I/viii continue lo in 1h1,1t lot;(.1tion. "Y0:;, H10 l.)O<:ilhouso will be t.iu1
to me," ho
Gonfirrl1$ lh(;l!'O':> no guGl"Gnlco ono w;:iy or idoa is to !ho iJrr.:tn90me!"H fr()m
\01.1so--NPS plckod up J<1ck's lease l.f.Jtil)n tho vmtetft(lf"1t ptopctty w<is tr<1nsforrod 10 NPS in 1
ci mofc cont::(!SSi()n, !t'ii po!i:;iblc) that H\<-J conccsGlon I/vii! \Jc fJlv0n to Sin1klri without <.1 t.Jldlllnq
pfocess, or thi.ll it'll L\o opon lo bids rrom J!I parties.
"Lo1.1::;cl K!r1d or things .:.\r() rcirc fo1 us," fH.lys lo under these concossioni;; v1..tHlr'o
thcso things go out for 8 bid for n\1mb1;;1r of
But Simkin lh:;it B p1occ>t;l> could simply f.lO to w\10mov0r NPS favor<., whic:h rninht not!)() "I
w(i:;; by folk:; lh<:it know u1<1t lt\o Park Serlvce dow:;n'j pr(Jposo.11:> c:ind bids !Ike other
Simkin :><iys, fcfcrrino to the con1mon pr(l<:::tiCo tho concession to the hiphesl "H'S dono strictly on
what they beli(:V() to tic rinht Iii." (Barnr.1 U1<1t's true: "It n(H corm1 down to l)IC)tlCSl bld(ler.
lowo5! ho soys. "It tl<.tt> <.l lol of Oltlcr lllinos in tortns of wh1,1j \ho V.'Ollld supply,")
5ir11Kln ::>c:1y!> he ms lnJtl<tlly b1"ouqt11 into NPS Ull:> summer <11lfl told lhi:it h(! would h<lVO lb d1cingc to
a concosslon. Fir5t, h() s:::iys, it w;;is <.1 tt1roo-yoat tompofary conlfact; it bm:amo ono yoc:ll', then two. After
t111:H, Simkin \Nl'Olo to NPS thon j(Q lcll!Ort>, not
!h8 \ho only <irlSVVt)f he ''El rrw.1.1s<.1go br:1ck thal they'r(J 01nd
vvi!I tJ<lCK to us st1ort!y, They novor (iid."
UnJvorsily boclthousc or boatho11!1l0 by
cont1't.\<.:lor \IHI\ of the) nourtJy
"I think 1N(l
0
rl) )\.IS\ in ltlr) \Nl"Ot1g l)l<1CO .at the wronn tlmo," Simkin S!lys.
Pm'/1 Se1vic;e Mt.'D!ing Will"! \ no1.'ll/)OUSO ()IM'JtJ/" In l.f)tJSO IJl:spu/(1
P.:l\JI Christ1118s woak 10.:1:>0 UYiC!iOtl nollCf.! Is on "hold" ror now
Dy Ross .ta.ynt
Jm;l('s BoathOut;o, thu POPlil<lf !)Ofll rcntnl fncillty In Goorgotowr\, Uri Mond<IY mornint:J In It <m
fL1tum. Photof)mph by Carol
Commi:!nts (1) I Published Decombot ?.01?.
UPDATE: Alt(!r ttio WO(li10S<!8y 8ftomoon m0otin9 wltll Nf
1
S, Slml<ln 11esclib"cl tho nomly ol\V t10l1r
disctms!on 88 'no! pmduc\iw." I l(l "I \Ol<l 11111111 I W8S to find a win-wiri "f'lli!y s::ilcl thoy
wcto with 1110 <inly :;11 my rHq\11.J'.1! t111d they t1;:icJ nothing to ;;i('!(! or SEiy.' Simkin :7<.li(I tio wo1i1<1 be
cont1.ictin9 a lawyor m; would procooct bm;oJ on l<l(J<\I "11 will cost tho Pmk
) lol ol mon8y if I pur!luJ lotr.il !.1ctir.m," he
ttps ://mall. gle. co mi'ma il/b/ 152/u/O/? u 1=2&1K=f 5j4 '/ 6 8664 &view;; pt&c:a s mo u so &socirch::: ... 214
/30114 Dt'.PARTMENT OF THE INTF.:RIOR Mail - Re: Arly upd<.llos on J<.1ck's? ...
1'110 N<.1lion;.il f';.1rk 11 wi\11 J<ick'!J Bo<:i!hou:;{: P;:wl for
(1fl(!ftl111m to try to rosolvu wt1c11 Sir'nkl!I "mc(mt in..ul\o\n$J his loase <1l ll1U
popllitlf bOill r(J!\\!'11 1n
[;;d!(:r W{$ln(m(J<1y, .'.;ilmkin nn o-mail from St(lvtl !11(1 for th0 NPS, askinq
him lo rwJol with two Ir\ W11ltosoll s11id ho hop!:ld tho !Tl{Jolir\(1 ''will roVt;;
(llll 110 !l1.1kl, "I don't b(lliovo we will bo <1blc lo !)rO\i(IO o (l(lfinl\lu:i to H p<1th for.vmd tmlil
tho Now Ycc1r."
Simkin, in ::1 phrniti iiil01\it1w wil!1 ho would moot al tho NPS H<1ir1$ Point wiU1
c:i"$Ok :Jllp(;rlnt1mclt!nt Tll.m Morrison mid S\0111:-J l.oBi.JI. w110 (11"1(1 (11 rfoputi<!a. Tho rirml cluci!.:iion
<.1llout thu f1.i\0 of J<.1d1.'$ wlll ll(l m;:ick! by NPS director Jori Jm'iis, who It\ (Jr\ V<ICOllon )('111u;:iry
I, may his ptlltinq tho wholo Or\ 'IWl(I."
l.ii1ci liEll Simkin recoiwcl wh!.11 ho c111lo(I !I lorm from Nl.\S, hi!:! lfll1dlord, l11k1rrnin(J him of \t1G
o\o\ctlon of lllt1 !)(IM mr1WI ()1)(:1''1\1(111 (hill in 19M.i pmctic::11ly umlcr nrld\JO. 'n1(!n 011
h() 10'.'lfll()('I th8! tho NPS woi:; .:1 lV11H)(lrnry 0111110 (!IAG11on' th'.'\! would hmu wine i1iW offoct <it the
011\l or _i;111(1;11y,
i"(!f0fi"(!(! to NPS actions as thoir "r{)cont shurl<lrli('lilni),'. S<liO ,Mr\'ls W("!S lo ''public
rmipon:rn." A!J or Momlt1y rnorninn. !:i1111 ho WflS told NPS hml boon "floodod" w1l!1 Wflll
morn lhm1 \,!iOO on <in onlirHi NPS . klrkl, in 1.1 i;t<.1torrn:Jnt, said tm
ol from cltizons
1101 hild l1 bi.lei ml8.tionship wilt1 thG th(l P<irk $cr\o!Ct) Otirl11n 1110 $CVc)ll Y0llf\1 ho hlls owned
Jacl1't;, thou(.1h lo<.1:\0 r()r\(JWt\I :'llflil()d tho twmmor. TI10 now lomio wt1<1llJ h<1vt:1 tmc1n ((li"
yo;im$. "W0 starl8cJ in Juno, cm(! then r.1lte1 w11110 \ll(1y (li(!n't respond. l sourn to
non w.:1/a ..:111d I 1.km'l l\r'1<)W w11y.'' 1t1 th0 P:::irk Sor\.-ico HIJ:iln un whii:;h
pmmptocl tho schoclulod for \lll(!111otm.
lh()rC:l i:.; no offlci.:11 w<lrd (in U1<: NP$ h;;is for thi;:! plot oflHncl tht.it holtl::i runky r1)ntol orn1:(!,
ill and kll.yaks rn1d m1 oxprn1:;iw and cOIOlful (l(lr;li lik0. to grill and chill durin(.I tho
w<.1rrn porson:il theory ls th<it tho spaco coulJ bO tor o mw0r
Uniwrsity $p0r'll !.) rllllllOr\ IQbbying th!) Pnrk $flrvicu." R1.iehl1I GU'S
tlirci.:.tor or r\'\C(li<l mlo\l(lllS, f>8i(l i:i not truo."
11() IQOI< ovor ,lock's .flfior fwing 1.1custom0r1.md oorrion1.1ino )11(1 l)OC<1111111p tho co-owner with tho
11110 Frtink Baxtor, lho son of !hu 01iHir1<1I )i:ick, I-IQ soy::1 111at sinc0 hH hns ownocl tho tJ0::1U\ou.l(I
'12,000 in ?.012. \110 (:lirfr,111 of 8flairs 111al1os
him foC!I in a kind (Jf "llr'lllJO," !)O prlnt;lpnl concmn ls for th!l mom th<.m lwl.> dot.en i111cl military
WIK1 wmk for t11m In season. ''I'm :.ufforing for lt1c 110 S'.'111!, "I 11or"l't knowwhoit lo toll lhom."
;-:tory of 1ho 0\.-icti11n timlrn l!lst wue\\ ir1 ;;md g<1in0d a lot of trnc\ion ovc;f me
wcel1cr1d.
Wo t1$l1(;1'.! Simkin wl1ott10r )1(! plonn(l(I to \8ko 8 lriwyor wilh hin'1 lo llio meeting, ''No, t1ut my intonlion i:;
lll11 lei sny or slon I clon'l wm1t lo wlr\ (/\(') to fix somothin9 in J;.1iH1,"
!10 11iJcl<::<!. ''t)\JI ha:,:irl119 myself si.ly !h<1\, I'm not
On Thu, Doc 27, 2012 ;:it 10:47 /\M, L,aura Da<Js .::laur;1 ... wrote:
L,ooplng Blake ta see lfwa haw any further lr\()llirl<lS today, My !;lanse Is
thi.11 tlioro i:l mornenl<lr"llY los::i lntereM w!th Jon's announcing ho i:.i
reviewing the decision, I wo'll lo!iow LIP!il soon asking for
tlllllr'\Q 1'Jr"l0 Oota!ls. of the re.Jaw.
- Otigina! M85SEli;Jl --
Fron\; H11ChOI JaCOl)$QJ1
Sc:mt: [.l(l(;(lffil)Of ;.ti, 2012 07:01\ AM
To: Jon .... .qov <Jon. ,,1;,1rvh)ijJ)np:1,qL1V:-; p0.\J9Y ...
.:: .... 1P:i111 . : M 1 . ...f: lor{iprip:; 'I il!V -:: F 09 t ;
.. !'!Ov l(!\..tl ... whitiisoll(@nps.gov>
Cc: t.i:1urn ....D1:1"1i.1(@io'.i.tllli.\.JOV ..
l\<1l(i. .cfr11.q1iv . .dol.WJV>
Subject: Any updt'l\OS on ...
I'm horu wttk Ir any ;:J.$SlstanGA Is needed.

()('JHl!V (r)(i\f1\\it\l(c1!i(),l<,
,;I l11t(rtu1
20!1(i,1Hi I n:;.111:1:,
tips ;f ii, la .cOrTil rnci 11/b/ 152/u/0/7 u!:;2 &I K mf 534 7 6 8 (l 64 &vleW='p s Boa thou se&aea 1ct1 = ..
3/4
r..:11rol kJr<)(l/(:y JOIJIJSO/J
U1h(::I
N11\11P1I f'111k .=',fn'1!.ll
Nlll(l!l;11 Mull l,lHI r,111110 .... 1 f-11\<k.'.lrl:; .. ,l'fi)!)
Carol 81\'!d/oy Jol)nscin

N11\1\'Hllll M1il11Pil Mu1r11.,n1I r>111i1
11nn Oh11, r.i11111, .<;w
f\,!':.
Pl111M
.11/J(I
(b) (6)
(b) (6)
130/'0EPARTMENT OF THE INTERIOR M;;iil - Wtiy I -- This i:; one of

.

Why I signed -- This is one of
<mail@change.org>
To: Ste,,.,_Whit0sell@nps.gov
Dear Ste\e Whitesell, Regional Director (National Park Sm'lice),
Thu, Dec 27, 2012 at 3:06 PM
I just sigrled Jesse B petition Park S::1Y() Boathouse from Closure1
11
on
Change.erg.
This is one of the few non-walking recmational gems in DC's NPS lands. It can not be remOIA3d.
http://www. c h<mgo. or(I/ poti tions/ nati onal-park-s or-,i GO-s <JW-j ack-s-boatl1ouse-frorn-Glos ure?ros pons e=
2%27107fo'10
t tps : 11m a!l .googlo. com/ m Jill bl 1 H:?./\J/ O/?u i=2&iK :..:f 534 Yf18{)6i\ & v iew=pt&<; al ;;;,Jae k' r, Bo<.\ltlOllS\'l earch= ...
"'
(b) (6)
(b) (6)
r::t0f-'1'1"HE;. Mail - Why I "" Prlv.;1it;'! .;interprlse is apparently

'
Why I signed -- Private enterprise is apparently
-mail@change.org>
To: St0w_Whitesell@nps.gov
Dom Stew Whitesell, Regional Director (National Park Ser.ice),
Thu, D0c 27, 2012 at 3:36 PM
I jt.1st signed Jesse B Rat.1ch
1
s petition
11
Natlor1al P::lrk Save Jack's Boat11ouso fron1 Closuro!" on
Change.org.
Private enterprise is apparently satisfying the busin0Ss demand for these ser\ic0s well as e-.idenced by their
60 year track record. No need for Gowrnment to step in and reinwnt the wheel
.......

There are now 1874 signatures on this petition. Read reasons why people are signing, and respond to Jesso B
Rauch by clickln(l here:
http; //'NWw. GhHn9e. org/ peti lions/ e-s avo-jac k ho us e"frorn-c!os uro?rns pons
['
29a27107fo70
216 West 104th Stre0t I Suite #130 I New York, NY I 10025
com/m ::111/b/15Vu/O/?ui=2&ik==f 534 768664&.v Boathouse&soarCtl==.,, 111
(b) (6)
(b) (6)
13(11)QPARTMENT OF THE INTERIOR M<:1ll "Why I !:llgned -- lovo that part of

.

'
Why I signed ""love that part of
<mail@change.org>
Dear Stew Whitesell, Regional Director (National Park Ser>Ace),
Thu, Dec 27, 2012 at 2:12 PM
I signed Jesse B Rauch
1
s petition
11
Natlon.::11 Pclrl< Sef\lice: Jack
1
s Bocithouse frorn ClosurH!
11
on
Ctiange.org.
low that part of the riwr and renting boats easily
http: //www, ctian90. or[!/potiti ons/ nat ional-pmk-s orvi ce-s avo+1ck-s-l"mt ho us c-fromGlos uro?ros pons CF'
29a2/'107fel0
tps : I Im ail. googlo. com/mail/bl 152/ u/O/ ?ul &lk .:,1f 534 7 6 6661\ & v iow=p I &cal =J s 1Joi:1t hou!il e&s !arch= ...
111
130100 i\il;.111 J<1ck's Gets a Ropriove - G(Jorootown, DC Patch

Jack's Boathouse Gets a Reprieve - Georgetown, DC Patch
Tammy Stidham <tmnmy_stidham@nps.gov.> Thu, Dec 27, 2012111 2:59 PM
To: peter_may@nps.gov, Ste1.19_ Whitesell@nps.gov, Lis a_Mendelson-lelmini@nps.gov, ste'.19 _lebel@nps.gov,
Tara .. Morrison@nps.gov, carol_bjohnson@nps.gov
http:// 9oorgetown. patch. com/ arti c les/jac k-s boatt1ouse-gets-a-reprie"9
tips :// m <.ll!. googlo. com/ m <111/b/ 1521 u/O/?u i=2&ik =f 534 760664& v lcwc11pt&c at ==Jack' a Boat ho usc&s earo h = .. 111
130/:ldc;k's Gets a R0priev o - Business - DC
Georgetown
29"
News I Business
Jack's Boathouse Gets a Reprieve
The Polornac Rive1 boat rcnt:al sit:c was to lose its lease effective Jan. 31.
l'ostccl by Shclll11 Courtney (editor), December D, 201?. ill 04:.1.7 PM
More
The.
... ,,,,,,,; plans to evict Jack's Boathouse frorn its Potomac
River .. :::;nr. .. Earlier this month Jack's owner Paul Simkin
received a notice fron1 NPS that his business had until Jan. 31 to vacate its location just
of the l<ey Brid9e.
"!can assure all those concerned that the boat house operation will continue into the future
as it is an important public service," NPS Director Jon Jarvis said in a statement released t:o
several media orqanizatio11s.
NPS is in the prncess of ev<ilLklt:in9 USC)'; 1'01 a rHrn motcnizecl Lorw for the
wciterfront area.
In a sl:iit:cment sent to WTOP, Simkin wrote, "I am absolutely touched that on the Christmas
holiday so many folks made time to email and call the National Park Service and W hitq House
to save Jack's from eviction from its home of 70 years."
It is not clear how lon9 the boathouse' will be able to stay in its current location, but for now
the Jan. 31 eviction is on hold.
Related Content:
Jack's Boathouse Loses Lease
Boathouse Once Again Considered for Geor9etown Waterfront
p<it ch , com/ I bU!\ ln(ls s -news/ pljac k-s -beat ho us e-gots-a-roprit\V o
114
130/;ldck's E:lo<:ithouG0 Got:; <1 r{cprlcvo Ouslnoss - Gporgetown, DC Patch
HurTicane Sanely Sped Up Time for Jack's Floathousc
Want to stay on top of news in Georgetown? S(gn up tor our daily or brealci11g news
emails.
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Georgctowner December 31, 201.2. 01t 02:05 PM
lronk: t:hat 1111;\ny of the complaining about closure of the priv1:1te canoe club iJrc
also complaininq about tt1e construction ofa c;eorgetown University boathouse. These cornpl<iints
are a remark<1ble exercise in hypocrisy, anti lncllcate a complete clouble standard.

()Orgl;)town.palch.coml9roups/bus!ncss-new!3/p/jack-:s-boathouno-got::. .. <1"roprlev e ?.14
DEPARTMENT OF THE INTERIOR Mail - Re; Any 1,1pd41tos on J<ick's? ...

.
.
Jonathan Jarvis <jcm_jtir'V!s@np:;.'t)(J\f-" lhll, Q('!c ?,7, 2012 at 2:56 PM
To: S\0\() W!li!OSCll "'S\OVO __wllitosc!l@)nps.901/:>, Peggy 0'0(')11

Just ch0cking, but /\EIS NPF IO<Klorst\lp boon brol1Qht Into th!s discussion in any wfiy? Not thclt ! to. but their name is used In tho dlscus!illon, so Wfl nflfld
to rnr.1ke :>uro \hoy lnforrrn)(.i of tho
Sent from my !Pad
"!ho (act Sll{let Is in re\fiew. I'm including Carol Johnson in thi$ UrT1Cl!I. St10 tias lt1o latest c<Htlon mK1 w!ll to all on this chain.
lor tho <inswcr lg si:idly no. Wf! (IJ(l a poor job of talking to Simkin onco wo lour1d \t\cro wc1s <in un<tm!ylng problmn with lhe l18so
(ie, U CO\Jldn't be The .!lpprow! of the laDs0r thi:i NPF tiG\i!'lQ on Oll( bot1Dll), My wom oxcoptiona!ly raticon\ to contact Simkin, in
spite of !ltrang pushing, onc0 our Sol!ci!Or'$ bogtiri to qu(J5\lon tho lf.!'1SC As i!;I said, you cfm !aad a hor.;O to w<.itor, bu\ you c<1n't
r'nako thorn drink.
TI1cinkg, Blt.1k!:l. Agree It wouw bo most helpful to nnt1ll1.o the fact sheet accomp1:myJng Info W!:l hell,(), to pass as
baCl(QfOun(t, wo $hould ;ilm If we c,;in for the ho((Jing statement to get us through on mo rocord until noxt wook, when Jon an(1 the team
CD11 put some more timl.'l into thinking f.lboul the timing of their review an(! p<ith roMard. ro that on<I, <lo we oxpect to 1;1 fac\ sh0at
flnallzed today?
Sont from my IPad
No <iddition<.11 pon(tino requests, but coplod bE:ilow arEJ two '?torias from this morninQ - W<.!$hiiigton City Papor a!1d the
NP$ Is continuing to use the holding statement from Jori lh<il U'\(l !'l'Wtler Is on hold untll funher re\.-iew. but
It !s clear th111t \hi!;! felli;i is willing to go to the medi<1 to pcilnl a picture of uncertainly and The region iil worklnl) on
a fact aheet I think !t wOl1ld be lo be able lo push back on same of the clDlms (le being to point to
correspor1donco, ir it exists, betweon NPS rn1(j Simkin showing there ha"'11 boon rou!tiplo olforls to work with him, i;)tc.) even
!I wo <1on'l pro\Ade further comment until we ha'J8 a path forward.
t.)y Aaron Wlo11or Oil Doc.;?"/, ;>(11? i.ll I l); 11 ;:11n

After speaking with owr\rM Paul Simkin iJn<! 1.1
P;:Hk Sorvlcc spokesman. I sav NPS' ir1kintions about DS ck)ar th<> or tlio Potomac.
Ups ://mall. goo g le . com/mal I/bl 1;::;2 ,S,,IK :;:f!) 311. 7 68 G 64 p t&ca s 6oathousa&se1:1 rch ..
113
DEPARTMi:::.NT THE INTERIOR Mail Rf.l; Any on Jack's? ...
Simkin ho hr.Kl rounds cif vvit11 NPS; irii\i;:il \C1rr11i11<.1tkJn of l)iS lcoiso; r.111 NPS
publil; outcry tl):.:Jt :.:1 Vl(lUld rom<iin Simkin to bid on
concossion: (1',Jrl"l NPS Director Jon J11rv!!;I \hr.it w::is put on ... ho's time to
roview."
Th;:il bit of infonmHion scc1n5 \(J t1a tho po1llncnt one. Accor(linn li::l NPS spokosm<in David Barn,::i, h(.i$
"ju51 ;:1 11old on ovcrything until he uots [f1om vac<ltion) in a weok or !>O."
Simkin \rVOrrics tha( (ha or NPS' reversal doQsn't th<it J<ick's can stick but rcitho1 just
t)oamousc v.111 continue to oporato th<it location. "Yes, will be there. but th8t $po<il(
Garnl1 conlirrn'.:1 no gu8f<intec ono w;;1y c.>r Tho klo<i is to from a
lca8e, NPS \JP 10<1!';() wt\on the Georgotown i,.v,:1lcirlronl prop()l'ty was lo NPS in 1 H04 to
<l more COl'lV(')fltioni:1I con(1<1;'.;inn. It'(; po::.:slblc th<.lt ttl(') will bo given to Simkin v.-itl1out ;:1
or \h::1I it'll tHl opon to fl"orn ;:-111
kincl of thin9s r(Jr(J for "We tencl to ltltl!>O concesskH15 lf.1vvs v.t1(lrcJ
thos<,l thinos (JO <lUt for 11 tii(J fc>r ;:1 nurntJi:-lr of
'Mll'tJ0s tllr)t a bidding process 11i1r1ply to whomever NPS f1:1vor(=I, wl\it::ll not b0 J8Gk's, "l
wus lo!ci by rci!ks lh.:lt know th0 Park follow p1opos::ils 8ncl Ol\l(;!t organlmtlons,"
Sirnkin relet1'inQ \o tho common pr8ctice of uio concession to the "It's done strictly on
Volhot they lo b8 lh0 f1l." (B<irn<i conc0d0s th()\'$ l1\10: "It docs not come down \o bidder. lomst
t;iic:!c:to1: ho :::;;.)ys. "!t h<ls D lot of other lhiriQ$ in 10rms or wti<it the concessioner supply.")
Simkin says he b1ought Into NPS summer l:'lnd told that he have to i.::h;:mge to
8 concession. First. ho il 21 lllfCCycar te1nporary contr.:.ict; tllcn It became on!;) lh8r\ two. After
that, Simkin he call()(! 'M'Olo to NPS rnorc than :7.0 timos--"nicc letters. not snarky tollors.
p<Mdon lhc th(') only l)C rccc!vecl was. "a b.:1cK they're
will gut lnick to us shortly, They nr;ovor did."
Simkin rc.:illy behind thOS(J dov<,Jklprnonw Is a closiro by NPS tn J.:iek's out in f<nvor of
Georgotown l,Jniw.1rt1ily bor)thouso or i:i by , lhi:i domlnnnt NPS
con!fiJctor that r\Jll!:I niost of tho ne<l1't)y
N1l/ion<11 Prwl< Sritvic:f:! Mooting Wilt1 ,h'tC/c 's Ow1er In Lv<\Sc.) Disput(J
Simkln's we'ilk lo!)asH no\IC(l Is on ''hold'' for now.
By C/11'(1/ Joynt
Jack'fl tho b0<1l f;;ici!lty In on In tho snow. It om
future. t1y Carol Hoss Joynt.
('1) I Deccmbor :26, 2012
UPOA'fE: Alt0r tho m()otlng with NPS, Simkin (!OSCfil)Od nemly hour
cllRCWlSion 88 "net Ho ''I told thorn I W.:1$ \rylno to nn(! i:l win-win solutlOr\. Tticy $<11(1 tht:!y
woro wlth mo only my aml U'iey 11<1(.] nothing W add or to say."' Simkin S<)l(I ho
(l lowy(lr 8::1 soon cis possible l/V()lllCl procfiod basod on ..1co, "II wi!l tho Pm\1
a lot of morioy if I pl1f$l1C .fiction," ho said.
Or10/no1 pos/ fflllovvs [)rr)f1/c.
nio N<1t1oni1I Bervicci hrn:; schC::dliled with Jack'!? Boi.llhou:.;c owner Poul Simkin for Wodne:>ct1.w
;'lftcmi:iDn to try to r0::;0l'vfj whrll Slmkifl C;.'11!;<; 1hf. 'rncm1t his al th(.) pcpu!r:1r Ooi:it
rontal in
f::;:idlt:!f W(!ClnQscJay, Simkin ;:111 0m;:ill from lt10 for tho NPS, askirl(J
him to mnot with two 111 thrc1 t1c t1opecl tho "wi!I prove
com;tructiw," ))u\ Ile "I cJon't W{.J will brJ <1blo to pro\..i(J('l ;.'I dotiniti\.-1:J lo 1.1 path forw(lr(l
lhc Nc::w Ye(1r,"
Simkin, in a phm10 ir1tur\li()W wit!) WJs/Jingtonifln, said hu wcul(l rncet al NPS Hains Point office wim
ttps ://mall. goog!o. corn/ ma ii/bf 152/u/0/7 u i;::;2 &ik =f 534 '/G 8 8 64&vlow:;pl&c8t ;;:,Jack
1
$ 80.:i tho use &search"' .. 2/3
130/1.\ DEPARTMENT OF TJ-IF,; INTERIOR Mall - Re: Any updates on .
Creek :;uoe1ln!l.)n<.lont Ti1r1.1 Btoo,.o Lof:lul, w!10 I:; one of "Tho lin<.il
f.1\lOul U10 (If ,lflGk'*i Ho:-1\houso will bo rn<1d8 by NPS Jon .Jr11vi!1, who 1s on voicr.\tio11 u11lll
"(, whk;h lllf!Y l)Xpl1.1in hi::; puttlno;_i tho whok1 011 "hilld."
lm;l wetk Sirnklll f()L;.Oivccj whiit h(l callm! form lotto!' ((l)rn NPS, l{ln(Jl(ird, him of tl\(J
(lviclitm <11 t11e ronWI op1!rnlion th<.it opcmud iri f.li"<1ctk\O!ly under f<ciy BridWl. Thur1 (m i::w;
ho lcnn1()d thnt NPS w8:; r.1 lonwornry hol(! 011 lho ovietim1 !tit.It woukl h<i.,.;:) 00110 into ()fr()1:1 ;;it th(l
(!nd (lf J1mumy.
SJrnkin, who to tho thtJir ''re11ent ,l<1r\1$ w<.1s f08C\inq to ''public
mspom;o." CJf Mcnd<ly mornlll[l, Slnikln ha W8:; told NPS h<W l)ecn "(lood()(i" with mcssafJO'.i, m; woll
m; mom lhi:nl siqn1.1tur0s (lll ;;111 onlirn! polilio11 pro[(.Jsli110 UK: NPS in a ::;latomm1l, sairJ !\{;
rccOl\.(.)d "huniJrf:.'(lS 0( r.m8ih;'' fmm concomL:d
t,""iirnkin said lw':i not Imel <.1 bad wl1f1 tho Pmk Sorvic(I duriflU \h(J ::.even hf! h;;1s ownml
Jack"::;, tt1ouqh rCrK:W<ll durinq ll18 :\LUllf!HJ!'. "lhO rlCW hi;l\o\J for
U\fO(J "W() m()()tinfJ in Ju1M, ;:md lh<:.111 r:ift<11' (.I wt1ilo \hoy clidn'I rn:=:pond. I :;1m1i\ W licpomon;i
non orM;,;1 I (lon'l know why. H(J wroki lo the P<1rK ;"lfJ(lin on Chri:;tma:i <1 w11lch
promp!(!d tho l'O!' ;:iftomt1on.
"fhOrlJ nr.\ o(ftcJ<1! Wll1(1 (In wh::i1 tho NPS for lho Plot (1r l<ind that holds .Jr.1ck'11 funky ron\01! o(l)Ct),
of and arid ::m C!('J(:k whom Llo::itor:; liko lo (!fill ll!$J chill <ll1ring th0
w.s1rrn month:;. Simkin'!J \h(!(l1y !!;l thrit tho 3p11co could tJ(J (n1 (l mw(:)r
bo<1th(1ut.r.:. a million doll::lr:> l<JtJbyin$ th<! P.-irK S<-!r-\Go." f;i<1ehl1l GU'f;
modi11 rdations, said "this is nol lrue,"'
Simkin lc<ik over ,!<Kk'f, nftor <1 cuatornor wicl biJfrif.lndln(I <Hl(l i)i:;cQtning thQ co-owrwr wilh lhrJ
!<.1lrJ Fr;)rlli lt\(! f\(111 of !hf.! 0ri[]inal Jack. s;.iy!; lhc1l h() h.'.l'P OWl\(')(I th0 bo!1lhou:;o oulri9l1l
h;,1;=: aubs\8nlially--l() i'2,00U In (l(imittinq lh\'lt th(J cuuont sl<lh'.: or ff\Jkf:.'S
him in <1 kind of '"limbo," ho sairJ !li!.:I prini..:loal is mom than two dO:On 1:111(1 military
who work for t1lm iri :;001::;/Jr\, 'Tm f()1 thc1 omloy!:lus," ho :;c1id. "I ti/Jn'! k1iow whnt to toll thm11."
stoiy of \h(! brokE! l;::i::;t wo0l1 in "lho G(:orn0Ww11or 1'l()wcip;;1por and g1.1inod <:1 lol of 01.{1< 1110
wciekond.
Wo Sirl""lkir\ whelh(!r h(! tel bko a l1.1wyor will\ l1ini lo tho NP.$ mooting. "No, llut my lntc11tion
not 10 *:ny or l don't want lo ruin \l\(l !o Iii.'. iri $JOOd f<.illl\,"
irnrnmJi<itoly ho 'tiul t\eciring my::ic!f s;;iy th;f:lt, I'm not !;um."'
Ori Tilu, Doc '2.7, ;wi;, at 10:4'1 AM. L1;11,1ra Da\ois <laura .. .. wro!("1:
LocplnQ !31i:ike to see lfwEl ha'wa any furthor Inquiries tod;iy, My Is
that there i!;l momentarily tElss intorc:i.t wiltl Jon's he is
re'<iewlng tho doel:;ion. ! wo'll fJOt follow ups soon <isking fer
tirnii\(,1 and of tho revi0w.
"--Original Mm;::;ago ----
From: Racho! (mcillto:1:.1(:hd
S0nt: Thur:J<lay, l)ccfJtnbElr ').7, 2012 07:011 AM
le: ,lr,111 <Jon ... ..
.. o'dl.lll((i_lrip'.i .f)OW-; .l''Ot' <:M;:iuromi_ _F()() oov:-:
s l .... wl ii! (l(lV whit I '\")OV>
Ct: 1.,,1ur'O . .doi.qov <l.aura ... .1k\l,qL1\f.':
Ki1t(! ... Kolly(@io::; .cloi. <l<c1t(: ... ,cll)i ,qol/->
Sullject: Any up<tcltog on J(Jck's? , ..
l'm hera th!!;! week if any 1:13sislm1co I$ nooded,
Di of (;(1mm1111i r:;> tloll'.
of
urn,.(.: ( Jon 1.1m c1'1 H> 1 c(-i I' (:ion N;1'.,
Ups: //mc111. goog le. com/ ml ll/b/ 15 '}./\1101'? lJ I=?. &I 34 r 68664 &vJew;:;; pt&ci:1 s 80 a thou se&sea rch;:; ...
(b) (6)
(b) (6)
Eroll14'.lr THE M.:i.11- Why I signed -- Jai::k':; Boc1thoust) hi:15 hl')en
,--,
.

'
Why I signed -- Jack's Boathouse has been
rnail@change.org>
Dear Stew Whitesell, Regional Director (National Park Sor>Ace),
Thu, Dec 27, 2012 at 1: 17 PM
I just signed Jesse 13 Ral1ch's petition "Nutional Park Sor'1co: Sm.:l Jm:l<'s Boat11ol1s" frorn Closure!" on
Ctiange.org.
Jack's Boathouse tias been a staple of the Potomac Waterfront community for owr filly years. It allows DC &
Virginia residents to enjoy recreational acti'1tes year round, and I firmly support its operations.
Bridgewater, New Jersey
ht l p; //www. c or9/ p(:)titi ons I flrvic e-s :E:1vo-jtlc k ho us e-frorn-c!os uro?r0s
2%27 '1()7fe 70
216 West 104th Street I Suite #130 I Now York, NY 110025
ttps i::ornfm<.11!/b/l fi-211if0f7ul=2&ik=f 534 768664&\/ ;J.t1ck's Boalhou:;C&$c;:m;:h.;1,,.
'"

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1/2/14 DEPARTMENT OF THE INTERIOR Mail - Re; Georgetown Waterfront Park

e I, Stev ... steve lobf l@nps gov

... .. .. .... ................

Still, the internal NPS ctnails I rc1cc)ived a

order to the space, Lelle! wrotu to NPF Vic(: President Susa11

il nt Lhal. ()peniny up ol11e1 lopics,

On th.r.H question> says, "The n.

&cal ;:;:Jack' a Boalhm.!:> o&s earch;;;, , , 71/

Ge__ orgetown Voice

5:34 /"60664 &v IOW"1pt ;;iJ ac k Bo:;ithause &:search= ... 112

&cat ;::;Jack :s BoaU\ouso&s earc; h= ... 516

534 /60664& v lew=pt&cat ==J<le k's float houee&!Jearch= ... 114

2.27.13 DRAFT Simkin Vacate Notice ML edits.docx

.. lrtCIYdlng r\i(I, i1!%d ii pij

'166661\.& v !ew=p\&c<:il =J K' !.l Oo'1t e &s 11arch = ... 111

vl,<1 you 100%1

Public In and fo1

... ..:::: .. > :.;, . .... - -

.... ,,.,,,,,,,, ,,,

Georgetown area until he had

one, in a fair and consistent

uty te Regional Director Steve Le Bel at (202) 619-

Jacks Boathouse Fact Shoot 1-10-13.docx

OF 1"1-lt! Mail - Ro: couple of things

rME;NT OF THE INTERIOR Mail - R0: Option:; for Jack's

Bocithouse fron1 Closure!'

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