Res 2016-119/approving a program for the use of a portion of Spring Lake Park for repatriation (re-burial) of certain Native American remains and artifacts; approving a memorandum of agreement between the City and the Indigenous Cultures institute for su

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Section 4.02. Repatriation of Remains. Institute shall be responsible for the expenses of opening spaces to prepare them for Repatriation and back - filling spaces after Remains have been buried within the Site. All Remains shall be buried at depth of at least four (4) feet. Artifacts may also be re- buried with Remains. Institute may bury more than one set of Remains in a single space. Institute is authorized to place markers, approved by City, to designate individual spaces within the Site in which Remains have been placed. Section 4.03. Other Access to Site. Institute shall have access to the Park during normal operating hours when the Park is open to the public and shall comply with all applicable policies and city ordinances governing access and use of park property. Institute shall obtain authorization from City to obtain access to the Site to prepare for and conduct Repatriation ceremonies or for other purposes. ARTICLE 5. TERM OF AGREEMENT Section 5.01. Term. This Agreement constitutes a revocable license granting permission to the Institute to use the Site for the purpose of Repatriation. This Agreement shall be effective until it is terminated by City or terminated by mutual agreement of City and the Institute. In the event this Agreement is terminated, no additional Remains may be repatriated at the Site. All Remains in place at the time of termination shall be retained at the Site unless the Institute requests and obtains permission from appropriate state and federal authorities to remove and relocate the Remains. Ownership of the Site shall, at all times, be retained by City. City, however, shall have no ownership of Remains or Artifacts repatriated at the Site. ARTICLE 6. MISCELLANEOUS Section 6.01. Entire Agreement. This Agreement, including the Recitals and the attached Exhibit, contains the entire agreement between City and Institute and supersedes any prior understandings or oral agreements between them.