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Home My WebLink About07-111~.- -~ -~ f ~ -~ ~ .. ~rx,. ±~QUt~tT~ ~2R BUTTS, STATE OF CALfF~RNlA `F +n` ~. .~+ . „'R-S~'A Resolution No. 0~-111 RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF BUTTE, STATE OF CALIFORNIA, DECLARING ITS INTENTION TO LEASE PROPERTY KNOWN AS THE ALMOND AVENUE PIT (APN 025-130-047, 025-130-048 and 025-130-035) Whereas, the Board of Supervisors of the County of Butte deems it advisable to lease the property known as the Almond Avenue Pit, California Mine ID# 9-04-0018, described in Attachment "A" attached hereto, which is located adjacent to and south of Almond Avenue, identified as APN 025- 130-047, 025-130-048 and 025-130-035; and Whereas, the Board of Supervisors of the County of Butte deems it advisable for the property to be used for the production and sale of aggregate stored on the site and to be subsequently reclaimed in accordance with the approved Reclamation Plan as set forth in Butte County Mining and Reclamation Permit No. MIN 99-O1; and Whereas, Government Code Sections 25520 through 25535 provide a procedure for the lease of said property. NOW, THEREFORE, BE IT RESOLVED by the Butte County Board of Supervisors as follows: l . Resolution 07-087 is hereby repealed and superseded by this resolution. 2. It is the intention of the Board of Supervisors to lease the site consisting of the three parcels indicated above for a minimum monthly payment of one-thousand dollars ($1000.00) per month. Other terms and conditions are included in Attachment "A". 3. It is the intent of the Board of Supervisors to collect a royalty on the aggregate material removed from the site. The amount of the royalty shall be a minimum of forty cents ($0.40) per ton. Other terms and conditions are included in Attachment "A". 4. It is the intent of the Board of Supervisors to require the lessee to provide an adequate financial assurance to assure that reclamation of the site occurs in accordance with the approved Reclamation Plan. 5. Written bids will be opened at a public meeting of the Board of Supervisors. The bid opening will occur on July 10, 2007 at 10:00 a.m. 6. Before accepting any written bid, the Board of Supervisors shall call for oral bids in accordance with the provisions of California Government Code Section 2553]. In accordance with those provisions, said oral bidding shall commence in an amount at least five percent (5%) higher than the highest written bid submitted. 7. In accordance with California Government Code Section 25535, the acceptance of any bid shall be subject to approval of the Butte County Board of Supervisors by resolution. The Butte County Board of Supervisors may recognize a second bid as a back up if the process with the first bid should fall through. Rejection of any and all bids may be made in accordance with the provisions of California Government Code Section 25534. PASSED AND ADOPTED this 12th day of June 2007 by the following vote: AYES: Supervisors Connelly , Kirk, ~ osiassen, Yamaguchi, and Chair Dolan NOES:None ABSENT: None NOT VOTING: None t. JANE DO~,AN, Chair Butte County Board of Supervisors ATTEST: Paul McIntosh, Chief Administrative Officer And the Clerk of tie Board of Supervi ors i ; ,, f. ATTACHMENT "A" TERMS AND CONDITIONS OF THE LEASE OF PROPERTY KNOWN AS THE ALMOND AVENUE PIT (APN 025-130-047, 025-li0-048 and 025-130-035) Property to be leased: Almond Ave Pit, California Mine ID# 9-04-0018, located south of Almond Avenue, about 1 mile east of Larkin Road, Oroville. It includes the three parcels shown below: Assessor's Parcel # Approx. Acres APN 025-130-047 8.6 APN 025-130-048 34.6 APN 025-130-035 9.8 Minimum monthly lease payment: $1,000.00/month Initial lease term: 10 years Additional 5 year extensions available subject to approval of the terms of extension by the Board of Supervisors. Terms for extension shall be negotiated during the final year of the lease period. The minimum royalty shall be forty cents ($0.40) per ton of any aggregate material removed from the site. This price shall be adjusted annually to reflect changes based upon the net percentage change in the Engineering News Record Construction Costs Index (ENR CCI) for San Francisco, California, but the amount of the royalty shall not fall below the base royalty established in the lease. Lessee shall provide an adequate financial assurance to assure that reclamation of the site occurs in accordance with the approved Reclamation Plan. The mine is subject to Butte County Mining and Reclamation Permit No. MIN 99-01. If lessee intends to operate the mine in a manner that varies from the existing mining permit, lessee must first obtain its own mining permit and reclamation plan before proceeding. The Almond Avenue right of way shall be maintained by lessee. Maintenance shall include any repair required to keep the surface of Almond Avenue free of loose rock, dust, potholes or rutting. Water shall not be allowed to pool or pond along the surface or in the right of way of Almond Avenue. At least once every ten years, the Almond Avenue road surface shall receive a chip seal. Immediately prior to the return of the property to the County, the Almond Avenue road surface shall receive a cape seal. Lessee shall comply with all applicable Federal, State and local laws and regulations. No changes shall be made to the current reclamation plan without the approval of Butte County. Copies of this plan are available for review at the Department of Public Works office located at 7 County Center Drive, Oroville, California. Sealed, written bids shall be delivered to the Butte County Director of Public Works at 7 County Center Drive, Oroville, CA 95965 no later than 9:30 A.M. on Tuesday, July 10, 2007. Written bids received after this time will not be considered; however, the Butte County Board of Supervisors will call for oral bids following the 10:00 A.M. opening of written bids during the regularly scheduled meeting on July ] 0, 2007. In accordance with California Government Code Section 25535, the acceptance of any bid shall be subject to approval of the Butte County Board of Supervisors by resolution. The Butte County Board of Supervisors may recognize a second bid as a back up if the process with the first bid should fall through. Rejection of any and all bids may be made in accordance with the provisions of California Government Code Section 25534. Butte County does not warrant, including any implied warranty of merchantability or fitness for a particular purpose, or guarantee the suitability of the site, or any material on site, in any way or for any purpose. Lessee is solely responsible to secure any required permits necessary or required to re-open and operate the Almond Avenue Pit.