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Second Appeal Summary
PA ID# 000-92001; California Department of Parks & Recreation
DSR ID# 75813; Lake Tahoe Golf Course
Citation: Appeal Brief; Second Appeal; California Department of Parks and Recreation (DPR); FEMA-1155-DR-CA; PA #000-92001
Cross Reference: DSR 75813; Lake Tahoe Golf Course Debris Removal and Repairs; Lake Valley State Recreation Area; Category G
Summary: In the winter of 1996, heavy rains melted the large snow pack creating high stream flows inundating the Lake Tahoe golf course owned by DPR and leased to a for-profit concessionaire with contractual responsibility to construct, equip, operate, and maintain the golf course. FEMA prepared DSR 75813 (Category G) for $0 (no identified damages) because repairs of the facility were not the legal responsibility of an eligible applicant (DPR). The basis of the first appeal was that, per the concessionaire's contract, golf course capital improvements were funded improvements or financed through a special fund maintained by the concessionaire for the benefit of the DPR. Therefore, DPR believed it was responsible for major repairs. The Regional Director denied the appeal and stated that the contract established that the concessionaire, and not the applicant, was legally responsible for damages and that Section 16 - Ongoing Facility Improvement Account was not relevant to legal responsibility for disaster damage repairs. In the second appeal (supported by the State), the applicant states as the legal owner of the golf course, it has full responsibility for major repairs and capital improvements and that the concessionaire is responsible for "housekeeping" and routine maintenance.
Issue: 1. Is DPR legally responsible for repairs to the Lake Tahoe Golf Course?
Findings: 1 No. The lease agreement between DPR and the concessionaire clearly establishes legal responsibility, including Section 20 - Housekeeping and Maintenance. Section 20 (and referenced Exhibit D) requires the concessionaire at its own expense to maintain premises at all times, including all repairs and preservation work necessary to maintain and preserve the facilities in a good state of repair. As such, the repairs are the legal of the concessionaire and not the applicant.
Rationale: 44 CFR 206.223 (a)(3)