2014-00215 Remaining Records Scanned b (5) b (6) APPLIED_Redacted

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 <[email protected]> Mon, Dec 3, 2012 at 4:01 PM To: Susan Newton <[email protected]>
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 con~nient to you?
Ste~
On Mon, Dec 3, 2012 at 3:40 PM, Susan Newton <[email protected]> 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 Se rvi ce . Would there be a good time for us to talk this week?
Thanks,
National Park Foundation
Washington, DC 20005
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.
1/2114 DEPARTMENT OF THE INTERIOR Mail · Re: GeorgetO'M"I Waterfront Park
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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 <[email protected]>
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'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 <[email protected]> wrote:
Steve,
We haven;t forgotten about this I We se nt to our law fi rm fo r their review, and I' m awaiting t heir
response. I'll get back to you ASAP.
Susan
From: LeBel, Steve [mailto:[email protected]] 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
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 Slm~n 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, Oprn·ations and Education Program Manager, Office of Business Services 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.
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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'.€[email protected]> Thu, Dec 13, 201 2 at 9:13 AM To: Susan Newton <[email protected]>
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 <[email protected]> wrote:
Steve,
After reviewing internally and with our Counsel, NPF does have suggested changes to the 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 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 lease or whether NPS is going to offer them a chance to be a future 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,
Celebrating 45 Years of Support/or America's National Parks
https://mail .g oog le.com'mail/u/O/?ul= 2&1k:f9191 ba2e4&~ew= 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 Foundation' s 1145 Days of Giving"
Vis it www.nationalparks.org/Give45.
From: LeBel, Steve [mailto: [email protected]] 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 facilitate their review, it would be greatly appreciated.
On Wed, Dec 12, 2012 at 12:54 PM , Susan Newton <[email protected]> wrote:
Steve,
We haven't forgotten about this! We sentto our law firm for their review, and I'm awaiting the ir response. I'll get back to you ASAP.
Susan
From: LeBel, Steve [mailto :[email protected]] Sent: Wednesday, December 05, 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 review. We urgently seek NPF concurrence. As you understand time is of the essence. I'll follow this email with a phone call.
https://mail .goog le.com'mai l/u/O/?ui• 2&i k-f919'1ba2e4&view;;pt&search•sent&th;;13b949cabc5c268a 214
1/2114 DEPARTMENT OF THE; INTERIOR Moil· Re: Draft 2.5.12 Sim~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 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 privilege. It is intended 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 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.
Steve LeBel Deputy Associate Regional Director, Operations and Education Program Manager, Office of Business Seniices National Capital Region, National Park Service
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1/2/14
Phone: (202) 619-7072 Fax: (202) 619-7157
DEPARTMENT OF THE INTERIOR Mail" Re; Draft 2.5.12 Slm~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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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 <[email protected]> Fri, Dec 14, 2012 at 4:16 PM To: Susan Newton <[email protected]>
Here's an edited ~rs ion of the letter Incorporating your comment. Please advise if this is acceptable, and if so, when may we deli\€r the final vers ion of NP F's s ignature.
On Fri, Dec 14, 2012 at 12:34 PM, Susan Newton <[email protected]> wrote:
Well, I didn' t make yesterd ay © But here's a revised 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:[email protected]] sent: Thursday, December 13, 2012 9: 13 AM To: Susan Newton Subject: Re: Draft 2.5.12 Simkin Vacate Notice
'
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 reviewing internally and with our Counsel, NPF does have suggested changes t o t he letter. In brief, our recommendation is to keep it as a simple vacate notice. Al I who have revi ewed the 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 that. Opening up other topics, such as are they actually ass igned the lease or whether NPS is going to offer t hem a chance to be a future concessionaire, serves to give them points on which to continue t he dialogue, which 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.
Thanks,
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: [email protected]] Sent: Wednesday, December 12, 2012 1:04 PM
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 Simkjn 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 faci litate their review, it would be greatly appreciated.
On Wed, Dec 12. 201 2 at 12:54 PM , Susan Newton <[email protected]> wrote:
Steve,
We haven't forgotten about t his! We sent to our law firm for their review, and I' m awaiting thei r response. I'll get back to you ASAP.
Susan
From: LeBel, Steve [mailto: [email protected]] Sent: Wednesday, December 05, 2012 12:25 PM 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
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 recei\.e
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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
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 ii 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 tho sender.
Ste\13 LeBel
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, Opon•1tions 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:•, ;;a·1t. 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 sign~ture 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,
cc: National Park Foundation Tara Morrison, Superintendent, Rock Creek Park
bee: Steve LeBel, NCR"OBS
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.
Jack's Canoes & Kayaks, LLC
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 [email protected]
LeBel, Steve <[email protected]> Fri, Dec 14, 2012 at 4:40 PM To: Susan Newton <[email protected]>, Philip Selleck <[email protected]>
Can you sign the letter for Neil?
Steve -this is acceptable to NPF. I'll be here until Spm this eve ning ... not sure how long Neil will be here. I' ll check in with him.
Susan
A'om: LeBel, Steve [mailto: [email protected]] sent: Friday, December 14, 20124:17 PM To: Susan Newton Subject: Re: Draft 2.5.12 Simkin Vacate Notice
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 <[email protected]> wrote:
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' Subject: RE: Draft 2.5.12 Simkin Vacate Notice
https://mail.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 today.
From: LeBel, Steve [mailto:[email protected]] Sent: Thursday, December 13, 2012 9: 13 AM To: Susan Newton Subject: Re: Draft 2.5.12 Simkin Vacate Notice
On Thu, Dec 13, 2012 at 8:48 AM , Susan Newton <[email protected]> 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 it as a simpl e vacate notice . All who have reviewed the lease (your side, our side) see that it ' s cl ear t hat we can give 30 days notice. We' d I ike to keep it at that. Opening up other topics, such as are t hey actually assigned the lease or whether NPS is going to offer them a chance to be a future concessionaire, serves to give them points on which to continue the d ialogue, 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.
Thanks,
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
This ho liday season join the National Park Foundation's "45 Days of Giving"
Visit www.nationalparks.org/Give45.
From: LeBel; Steve [mailto: [email protected]] 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'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 <[email protected]> wrote:
We haven't forgot te n about th is ! We sent t o our law firm for their review, and I' m awaiting their response . I'll get back to you ASAP.
Susan
From: LeBel, Steve [mai lto:[email protected]] sent: Wednesday, December 05, 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 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 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.
Ste\e LeBel
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 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 receil,\'l this message in error, please contact the sender.
hllps ;/Imai I .g oog I e. com'mai llu/Ol?ui • 2&i k" f9191 b<l2o4&~ew" p!R-.o cor ch" senl&ll\" 13b9b5c05aec 149<\ 410
1/?J·14 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) 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: 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 receive 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 cont~1ct the sender.
Ste1,13 LeBel Deputy Associate Regional Dimctor, OpfYdions and Education Program Manager, Office of Bucc;iness Ser1ficos National Capital Region, Ncitiorwl Park Su~vice
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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 thi~< rnessaw> may be protected by attorney-client or other privilege. It is intended for the use of the individL1~1ls 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 thi~.: 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.
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1/2114 DEPARTMENT OF THE INTERIOR Mall - Re: Draft2.5.12 Simkin Vacate No~ce
t vu stcv I b I lln gov
LeBel, Steve <[email protected]> Fri, Dec 14, 2012 at 4:42 PM To: Susan Newton <[email protected]>, Philip Selleck <[email protected]>
We'll hand deliver it Monday, OK?
Yes, and I'll be in al l next week.
From: LeBel, Steve [mailto: [email protected]] 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 is acce ptable to NPF. I'll be here until Spm this evening ... not sure how long Neil wi ll be
here. I'l l check in wi th him.
Susan
From: LeBel, Steve [mailto:[email protected]] Sent: Friday, December 14, 20124:17 PM To: Susan Newton Subject: Re: Draft 2.5.12 Simkin 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 version of NP F's signature.
On Fri , Dec 14, 2012 at 12:34 PM, Sussm Newton <[email protected]> wrote:
hltps://mail .g oog le.comlmai l/utOn ui=2&ik= f91 91 ba2a4&1Aew= pt&search•sent&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' Subject: RE: Draft 2.5.12 Simkin Vacate Notice
Of course! I'll send revisions today.
From: LeBel, Steve [ mailto:[email protected]] Sent: Thursday, Decembe1- 13, 2012 9:13 AM To: Susan Newton Subject: Re: Draft 2.5.12 Simkin Vacate Notice
Steve,
After reviewing internally and with our Counsel, NPF does have suggested changes to the 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 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 lease or whether NPS is going to offer them a chance to be a future 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,
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
National Park Foundati on
This holiday season join the National Park Foundation's "45 Days of Giving"
Visit www.nationalparks.org/Give45.
From: LeBel, Steve [mailto: [email protected]] 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'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 <[email protected]> wrote:
Steve,
https://mail .g oog le.com'mail/u/O/?ui"' 2&iko:f91 91ba2e4&1Aew=ptA.search"'sont&th• 13b9b5e8f2c36455 316
We haven' t forgotten about t his I We sent to our law firm for t heir review, and I'm awaiting their
response. I'll get back to you ASAP.
Susan
From: LeBel, Steve [mailto :[email protected]] sent: Wednesday, December 05, 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 review. We urgently seek NPF concurrence. As you understand time is of the essence. I'll follow this email with a phone call.
Steve LeBel
National Capital Region, Nat ional Park Service
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 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 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.
Steve LeBel
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 this message in error, please contact the sender.
Ste\e LeBel
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 by e-mail. If the person actually receiving this message or any other reader of this message is not a named 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
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"" pt&~:;e@r 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 recipient, any use, dissemination, distribution, or copying of this communication is prohibited. If you receive 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 actu~lly 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 i~: ''"'·,~. 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 conL·:L~t the scr.d~;r.
hltps :/Imai 1,g oog 10. comi'mai l/u/O/?ui ru 2&i !(;;:; 191 ~;-1 b::it.w:1&,,; 0w:..:. pt~'.<~>car 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 <[email protected]> Fri, Dec 14, 2012 at 4:51 PM To: Susan Newton <snewton@nationalparks .org> Cc: Steve Whitesell <Steve_Whirnsell@np:.;.goV..>, Lisa Mendelson <[email protected]> , Philip Selleck <Phi [email protected]>, Elizabeth Tinker <[email protected]>
Thanks! I'll share this with Liz Tinker, who will most likely deli-.er the letter to you for concurrance. Ha-.e a great weekend .......... .
Sounds good. I have a few meetings, but am ope n from 10 - 11, and 12:30 -2:30, and 3:30 -Spm.
Susan
From: LeBel, Steve [mailto:[email protected]] sent: Friday, December 14, 2012 4:43 PM To: Susan Newton; Philip Selleck Subject: Re: Draft 2.5.12 Simkin Vacate Notice
We;ll hand deliver it Monday , OK?
On Fri , Dec 14, 2012 at 4:41 PM, Susan Newton <[email protected]> wrote:
Yes, and I'll be in all next week.
From: LeBel, Steve [mailto: [email protected]] 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 Neil?
On Fri , Dec 14, 2012 at 4:33 PM, Susan Newton <[email protected]> wrote:
https://mall .g oog le.com'mail/u/O/?ui•2&ik= f91 91 ba2a4&1Aew= pt&search• sent&th= 13b9b669806db4f0 1(7
Steve - thi s is acceptable t o NPF. I' ll be here unt il Spm t his evening .. . not sure how long Neil will be
here. I'll check in with him.
Susan
From: LeBel, Steve [mai lto: [email protected]] sent: Friday, December 14, 2012 4: 17 PM To: Susan Newton Subject: Re: Draft 2.5.12 Simkin 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 fi nal version of NPF's signature.
On Fri, Dec 14, 2012 at 12:34 PM, Sus9n Newton <[email protected]> wrote:
Wel l, I d idn'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 Simkin Vacate Notice
Of course ! I' ll send revisions today.
From: LeBel, Steve [mailto:[email protected]] sent: Thursday, December 13, 2012 9·13 AM To: Susan Newton Subject: Re: Draft 2.5.12 Simkin Vacate Notice
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 th our Counsel, NPF does have suggested changes to the 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 t hat it's clear 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 lease or whether NPS is going to offer them a chance to be a f uture concessionaire, se rves to give them points 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.
Thanks,
National Park Foundati on
This holiday season join the National Park Foundation 's "45 Days of Giving''
Vi sit www.nationalparks.org/G ive45.
https://mai l .google.com'mai l/u/O/?ui"'2&ik- f9191ba2e4&~ew=pt&search•sent&th=13b9b669806db4f0
1/2/14 DEPARTMENT OF THE INTERIOR Mail · Re: Draft 2.5.12 Simkin Vacate Notice
From: LeBel, Steve [mailto:[email protected]] 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 befo•e 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 anything you can do to facilitate their review. it would be greatly appreciated.
On Wed, Dec 12, 2012 at 1'.2:54 PM, St:!ian Newton <[email protected]> wrote:
St eve,
We have n' t forgotten about this I We sent to our law firm for the ir review, and I'm awaiting their response. I' ll get back to you ASAP.
Susan
From: LeBel, Steve [mallto:[email protected]] sent: Wednesday, December 05, 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 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
Program Manager, Office of Business vef"l.1ces
Phone: (202) 619-7072
Fax: (202) 619-7157
https://rnall .goog le.com/mai l/u/O/?ui = 2&.ik=f9191ba2e4&view= pt&search" sent&th= 13b9b669806db4f0 4/7
1/2/14 D~PAFnMENT 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
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 i·~ i~; 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
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. comi'~i l/u/0/?ui = 2&i f<::; f91 fl ·1 tJa?.~~4& view= p l8.~:;(.:t.\1' eh= sent&th;;; 13b9b069B06db4f0 5/7
1/2/14 DF.PARTMENT OF THE INTERIOR Mail" Re: Dralt 2.5.12 Sim~n Vocato Notice
recipient, any use, dissemination, distribution, or copying of this communication is prohibited. If you receiw this message in error, please,, contact t110 sender.
Ste\13 LeBel
Program Manager, Office of L'.usin•lSS ::c>.:r1~ces
Phone: (202) 619-7072
Fax: (202) 619-7157
The information contained in this messc:.1>JEJ may be protected by attorney·client 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 e·mail. If the person actu<illy 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 receiw this message in error, pleE1se contact tho >;ender.
Ste\13 LeBel
National Capital Region, National P<irk Ser\ice
Phone; (202) 619-7072
Fax: (202) 619-7157
The information contained in this mes~<age may be protected by attorney·client 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 by e-mail. If the person actually receiving this message or any other reader of this message is not a named 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 Vac~te Notice
Steve LeBel
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 i~ 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 1~1cssa(> : :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 l/u/0/?~1i !:!! 2&i I<:.:: f91 ~:V! ix:12e4& view;:; pJ,:.;e~~r 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 <[email protected]> Mon, Dec 24, 2012 at 7:07 PM To: [email protected] Bee: [email protected], [email protected], [email protected], [email protected], [email protected]
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 Time Sensitiw
ve lebel a>np . v
Re: Jack's Boathouse Issues I Time Sensitive
LeBel, Steve <[email protected]/> To: Psimkin <[email protected]>
Wed, Dec 26, 2012 at 10:35 AM
Cc: Tara Morrison <[email protected]> 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 , Psimkiri <[email protected]> wrote: Steve:
Are you available at 1 :30p?
Paul
Paul Simkin 202-716-7700 [email protected]
On Dec 26, 2012, at 10:25 AM, ''LeBel, Steve" <[email protected]> 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 <[email protected]> wrote: Dear Mr. LaE3ell and Mr. Whitose.::
j 1 hope this 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 ~:Jc.: 1ce 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 radio 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 s ign a retention letter with one of the law fi rms that has offered me their services ,..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 via 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-rail .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
P<lUI Simkin 202-716-7700 [email protected]
Steve LeBel Deputy Associato F<oqional Dire ·::i:or, Operations and Educstion Program Manaw)r, Oriice of f.luc.i11e::s Services National Capital F~e9iun, 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:< [;u'.··~inE-)S~~ ~)C! ii<:.:f:::~~
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 <[email protected]> To: Psimkin <[email protected]>
Wed, Dec 26, 2012 at 10:45 AM
Bee: Steve Whitesell ~s eva_Wniwsell@n,.;s . g~v>
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 Bax~er. then to Jack's Canoes & Kayaks, LLC.
On Wed, Dec 26, 2012 cit 10:1-1 AM, Ps: ·".'\ i, <[email protected]> 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 to others. In fact, the operational documents were hand-delivered, at his request, by me, to Steve L. About two years ago.
My schedule is rapidly filling up today, so I ask that your staff cell me ASAP.
Did you have an opportunity to contac t and forward my earlier message to the director? Could you please forward to me his ernai! address and o.11ce telephone number?
Sincerely
Paul Simkin 202-716-7700 [email protected]
On Dec 26, 2012, at 9:53 AM, Steve W hitesell <[email protected]/> wrote:
Paul
Thank you for your ri<>te. 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 copies of your ownership papers documenting transference of ownership interest from the 13a· ;r~. to you. As well we will need copies of your lease for use of the Jack's prope(;y ~hese 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 ructiva. i don'. !.,,el ieve we ·, o1 J..; able to prov;de a definitive answer to a path forward until
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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 <[email protected]> wrote:
! hope lhh r11(;,:;;;:1r;v> :i,LI::• !•::«1 :.>o\h well and that you had a joyful Christmas holiday. ! ww•: impin,, <h• .. ~·"·'would have an opportunity to chat, In person, sorndirm' lornDITOW (We: 'ne•·:dcJy). I would love to see what can be done regarding .J:'.;.:X~: tiw". u .•. :itas a wi:· •:.J1•: 1•1vironment 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 :·.~'..'.! ~-:ferGd :·:··~c :;(.:1· SGl\.oiCeS pro-bOrlO.
Onc;co ., .. ·1 <Aiu;;; , .. 1.>-: .. ::;s this tomorrow in good-faith to find a positive r$•ew.l~c::i:. ·,.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 [email protected]
Steve LeBel Deputy Associate F<e9iorw1 Di11x:tor_ Op :·:·::IY1rn; and Education Progran1 Manager, ()fficn (Ji' Hu~·~iness ~:)c, '.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 e·mail. 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·· •tu•·1. or copying of this communication is prohibited. If you receive this message in error, plc2:fi{.) ':.">'.):·~:e,·;:t tho ~-;c:1·,
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1/2/14 DEPARTMENT OF THE INTERIOR Mall - Re: JacKs Boathouse Issues /Time Sansili\<'l
Re: Jack's Boathouse Issues I Time Sensitive
LeBel, Steve <[email protected]> To: Paul Simkin <[email protected]>
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 <[email protected]> wrote: Mr. LeBel -
I appreciate the attempt at c lairification. 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 will 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\€! <[email protected]> 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 Deputy Associate Regional Director, Operations and Education Program Manager, Offic·e 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
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1/2/14 DEPARTMENT OF THE INTERIOR MEii i" Re: Jack's BoathO~jSG 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.
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112/14 DE'PARTMl::NT OF THE INTERIOR Mail" Re: Business opportunll~ ,JacKs Ooolhouso
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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 Deputy Associate Regional Director, Operations and Education 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 recipient, any use, dissemination, distribution, or copying of this communication is prohibited. If you receiw this message in error, please contact the sender.
4 attachments
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
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CATEGORY II CONCESSION CONTRACT
NATIONAL PARK SERVICE
Rock Creek Park
CONCESSION CONTRACT NO. TC-ROCR004-12
Phone: (TBD)
Covering the Period (TBD) through December 31, 20141
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
Table of Contents
SEC. 1. TERM OF CONTRACT ............................................................................................................. l
SEC. 2. DEFINITIONS ............................................................................................................................. t
(a) Required and Authorized Visitor Services .................................................................................... 3
(b) Operation and Quality of Operation ............................................................................................... 3
( c) Operating Plan .................................................................................................................................. 3
(e) Rates .................................................................................................................................................. 4
SEC. 4. CONCESSIONER PERSONNEL ............................................................................................ 4
(a) Employees ......................................................................................................................................... 4
SEC. 5. LEGAL, REGULATORY, AND POLICY COMPLIANCE .................................................... 5
(a) Legal, Regulatory and Policy Compliance .................................................................................... 5
(b) 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
(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
(g) Utilities .............................................................................................................................................. 10
(c) Interest ............................................................................................................................................. l l
SEC.11. INDEMNIFICATION AND INSURANCE ............................................................................ 12
(a) Indemnification ................................................................................................................................ 12
(c) Commercial Public Liability ........................................................................................................... l J
(d) Property Insurance ......................................................................................................................... 13
(a) Bonds ............................................................................................................................................... 14
(a) Accounting System ........................................................................................................................ 14
SEC. 14. OTHER REPORTING REQUIREMENTS .......................................................................... 15
{a) Insurance Certification .......................... , ........................................................................................ 15
(b) Environmental Reporting ............................................................................................................... 15
SEC, 16. SUSPENSION, TERMINATION, OR EXPIRATION ......................................................... 15
(a) Suspension ...................................................................................................................................... 15
(b) Termination ..................................................................................................................................... 15
(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
Maintenance Plan
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
(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 ..
"
(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 machi~!" 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

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