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HomeMy WebLinkAbout69-1301 2 3 4 5 6 7. 8 9 10 11, 12 13. 14 I 15 16 17 18 is 20 21 22 23 24 2g i 26 27 28 29 30 31 32 RESOLUTION N0. 69- 13© BOARD OF SUPERVISORS COUNTY OF BUTTE, STATE OF CALIFORNIA RESOLUTION APPROVING EXECUTION OF OPERATING AGREEMENT WITH THE DEPARTMENT OF PARKS AND RECREATION OF THE STATE OF CALIFORNIA, AND AUTHORIZING CHAIRMAN TO SIGN AGREEMENT WHEREAS, the County of Butte desires to enter into an oper- ating agreement with the State of California through the Department of Parks and Recreation, to provide for the care, maintenance and control of certain real property in the Lime Saddle Area of the Oroville State Recreation Area; NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of the County of Butte, State of California, as follows: 1. That the operating agreement, a copy of which is attached hereto, is hereby approved by this board, and the Chairman of the Board of Supervisors of the County of Butte is hereby auth- orized to execute said operating agreement on behalf of the County of Butte. PASSED AND ADOPTED by the Board of Supervisors of the County of Butte, State of California, this 29th day of July, 1969, by the following vote: AYES: Supervisors Howsclen~ Reynoids~ Dunawayv Maxon and Chairman McKi~.lop NOES: None ABSENT: None J cKIL P, C ai an o t e to County Board of Supervisors ATTEST: CLARK A. NELSON, County Clerk and ex-officio Clerk of the Board of Supervisors By ~~'`~~!' - - ii 'E Oi';l'.~.7'It:?C~ r'~~~.;`~.L:ci;=CST 1 TIjIS ~:G'~}s'~iL~_•1', mad::: ~.rzd entc~recl into this l.st day of July> I 2 1969, by and betareerz thn S'S'r1TE U'r' Ctll,li~'OI~iIIA, acti.i~ tllrau`Il tElc g D - t~:c~~:t o` Parks and I'.ecrc«i:ion, Ilrreina=tier called .~~.~.~ , p: ~. ~ avid tllc COUi• ~ ~' OI~' F1L'"f 1'~, a political subdivision of the State of. cj ~ Califarr:ia, herElna~tC:1: .called ~~I.O';i1T, r'fri.~'_.i?~.~:~~, si ~, xTr:~ss~T~I ~~ j.TI~FI;;~,S, purst~.ant to t~.e pravisions of Sr•.ction 5007 of the g PL;bli.c i:asour.ces Code of the State of California, STATE ::la}- enter g rota contracts ~,'itil political subdivisions of the State of Zp California far the care, maintenance, and control, for file ~_~, p•~rpases of the State Parlt Systa::l, of lands under the jurisdiction . 12 of STAT'~.; and 3 ~T~-i~iZ~c S, STAi'v has accuired LOr pars{ and r2CY2ation- 1 purpo sas ~~. certai:l r~:al propexty her~iraf ter described, kno~.rn as the i~ir:e 15 Saddle Are.^. of the Oroville, State i'.ecreati on Areu, and h s juris- ]_(j diCt10?1 t[ler~0~ ~ cared 17 WH)a'F;C~,AS, STr;1E and LOCAL AG'i~CY desire to enter into an lg a&r2e~:ant to provide for such care, P.lai ntenance, and co.ltrol; *ho mutual cot°enants I?ere- Zg AI0;1, Tt3 ~RrFO~~, in consi de-ration o_ .. 20 in COI.t?1ncd, tl:e parties hereto d0 hereby COVf'.n8t t and a;ree a5 21 I fo11G;~s: • 22 ~ 1. LOCAL, AGCY shall b2 resporsiblc for a p=riod of t-:~enty 23 ~~ (20) yaars fro: 3v.ly 1, 1969, or twenty (20) y2srs fro,:, tiia • 2~r f~ 2fT2Ct'V2 dat2 0= ti7°. ~raI't ~i0? HarbOrS and jT3te_Craxt, S•'; 1C11EV°r `d°J" ~ date 1S tCe latest, fOr the Cc^.. 2, E;lalnte'.lanC2, develap-:en=, 2"I operation, and control of the real property,hareirafter described 27 ~ ~hcr2lPaft2r SO~:£ti~:izS rc~E'rY2~ tp a5 ~~Sald ~rOpC'=tV~~~ iOr talc 28 pL'rp05~^_S Of tt12 Ctc1tE' ~Fir:C J~'St4.';l. DUrl:l~ 54.10 pt~.r?Od 'Lv~:^Z. I 28; A~~~'l:C'I Sl::ill Da}' all CaSt$ O' C7^VEjO?11?o, ~T.aintaini^.~;, CO~trQlj="1 30 II anti GyJC_~~ti i 5 ~ T~ ~'_"t}' iGr 5ai d UL_'p05.OS and Sl%sT ~ S:'~'_1 i_:Jt , -~n ~ i O i.O~) .a 31 dL'ri r~ ~ S?1C'i r7^-.riOd~ tile> > I,~CIe fOY' ~Elv COSt Of Sa1C~ Cl~~r:_1J_~'-.~?":t, 3~_ ~f real.ntenallce, COiltr(~1, Or Uper=-'•tl0?l. L 2 3 4 s 6 7 8 9 10 11 . 12 13 14 la 16 ~.7 ~.8 19 ', 20 21 22 23 ; 'r 24 25 26 r~rf (I I 2a 29 • i JO 31 '~ i~ J~ ~~ i~ 2, i~hile thJ.s agreement is in force and efi'ect, said property shall, at all times, be accessible and subject to the use and enjoyr~,c~it of all citizens, of the State of Califon:ia, and all ot`_ier persons entitled to use and enjoy the sar:~,e, subject, ho;•~ever, in the natter of such use and enjoy,:.ent, to the contro). of I,CCA'L AGL~.CY in confors~:ity S~ith this ~greerent. LGCAL AG i;CY ~:~ay adopt rules and regulations for the use and enjoyment of said prepzrty. Any such rules and regulations adopted by LC CAL AGE"tdCY shall con- form to and be consistent s•rith the rules and regulations adopted by STATW and generally applicable to the State Park Systems, and to the Crav-i11e State Recreation Area and•including said property. Said property •siiall not be used for any other purpose than the purposes herein enumerated, 3. It is understood and agreed that LGCAL AGEi•,CY will operate and raintain said area by a concessionaire, and it is further II agreed that said concessionaire shall be selected through ccr:_petive bidcii_n; pursuant to Section 5019.1C et seq 'of Resources Code. The (contract beti~;een County and Concessionaire sha11 be approved by STATE . . 4. Any charges, fees or collections r~.ade by LC CAI, AG^i~CY for services, benefits or accor.odations to the general public sl'.a1I be consistent ~•rith charges s;ade by STr1TE in other areas of the Croville Reservoir-State Recreation Area, provided further that ahy chi^rges in excess cf the a..:ount allo:,ed by the Harbors and j•?atercraft Corr::ission at its r:eetinU on i•?ay•1°, 19u9, shall be subject to approval of said Cor~:mission. LGCAL AGi;_~:CY r.~ay self an annual permit, ,:nicl-i annual par-;it shall be sold at the sar_~~ price tl-tat tt7? ST~,TP, Chcrges fUr itS "annual state permits". It is unde.rstocd cnd a"~£.'~d th'lt STATr, will honor L~iCi~L r.GE~CY ar•i?ual p~'ri°itS at f any of its facilities within the County or Putte, and LGCAL AG;~'•TCY f shall honor "state annual pex:~:its". It is furtl-~er ur~de:rstcocl a::d aorecd i:hat the recipresity bet;~recn the STATE and I.CC.~L AG ~'~'CY, 2 3 4 5 G 7 8 9 ~0 ~.1 1.2 3S 1.dr ~.5 ~.5 1.7 Z8 ].9 20 21 22 23 24 25 26 27 28 29 30 3~ . of their respective annual permits, sha3.1 be on a trial basis fog: one (1) year, and in the event inequities arise as to eiL-her party, this aspect of this ~.greenicnt shall be renegotiated upon the request of either party at the end of one (1) year`s operati_o hereunder. 5. All income received and all expcnclitures made by the LOCAL AGENCY in relation to concessions, special services, ar_d all other ma•cters incident to the development, maintenance, con-' trol and operation of said property shall be reported annually tt the STATE. A11 such income and fees shall be used for maintenance, control and operation of said property and such portion of income as may exceed the cost and expense incurred by the LOCAL AGEi~CY for maintenance, control and operation may be utilized for de~- velopment. Such annual report shall be made for the annual peri.oi] com-~~encing on July let and terminating on June 30th of each year. The first report hereunder shall.- be filed by LOCAL, AGF~~'CY not later than September 30, 1970, and shall cover the period begin-- i ning with the effective date of this contract and terminating ! June 30, 1970. It is understood and agreed that LOCAL AGE~;CX wi7.1 construct the entrance road into the area at its sole cost and expense con°~ 4 currently with the development of facilities in the Lime saddle area. It is also understood and agreed that LOCAL AGENCY s•~iil be reimbursed from revenues for said entrance road to the extent of the cost of construction and maintenance. When said costs have been repaid, then revenues will be used by LOCEiF~ ~~E~dC-Y for the development of further facilities in the Lime Sadd7_d Area. ! The report shall include a reasonable weekly estimate o{ the! number of visitors to the area as well as the nunioer cf vehicles. The boors, records and accounts i;ept by LOCAL r:GE.•~CY at.plyi:.; to the operation o£ the state park area, shall at all reasor_able .. g ".. 2 3 5 6 7 8 9 IO ~1 a.2 13 ia- 1S J6 ].7 ~s 19 20 'l1. 22 . 23 24 25 26 27 28 29 30 31 times be open for audit or inspection by STATE. 6. It is further agreed and understood betweer_ th° parties hereto that any development, beach erosion control or protection work which may be undertaken by STAT73 or the United States of Am°rica, and any construction, maintenance or other work necessary for the orderly operation of the State Pater Project' which may be underi-.a}:en by the Department of Z•7ater ~tesources, along or oz said property, in the manner pxovided by law, shall not, in any way, be construed as constituting a termination of this agreamvnt, or in any ~•ray affecting same. STAID shall have the right to enter into agreements for such '.. work during the term hereof and to go upon said property or to authorize any person, firm or corporation to go upon said properi.yl for the purposes set forth in the preceding paragraph, provided that STATr. shall give 71OCt?r AGErICY written notice of its i.ntention~ to do any or authorize any of the work herein mentioned before such wor3c is undertaken. • i 7. LOCAL, AGENCY may, by its otm forces or by contract, under- take projects for the development, construction, or improvement t said property. Plans and specifications for any such project shall be submitted to STATE for spprovai. No such project shall be commenced by LOCAI, AGENCY' S o~•rn forces or contracts ac•rarded prior to approval in writing by STATE of such plans and spec ifica-•~ tions. STATE has the right to disapprove such plans and specifica- tions. Such development, construction or improvement shall be in accordance with a master plan of development which also shall be subject to prior .approval in writing by STATE.. 8. Improvements erected on said property by LOCr~?, AGE_~C'Y shall, upon completion, become a part of the realty and title to said ir:iprovements shah. vest in STATE, 9. LOCAL AGFi4CY shall not, without prior written approval of .~ - 4 -• a 2 3 4 5 6 8 9 ~.0 3.1 12 a~ 14 ~.5 ~.6 ]7 1$ 19 2a 21 22 23 24 25 26 27 2a 29 ~~ 31. S'1'riTi, remove, move, cle;nol i.sh, or alter in any manner, any im-- provements, natural features, or accretions existing on said property on the effective date of this agreement or su]~sequent3.y occurring. Provided, ho~•~c.ver, that this agreement constitutes approval for LOC?17~ AGEA7CY to construct an access road to the par_}:ing and ramp area. The specifications and aligrir•.lcnt for this road have been furnished LOCAL AGENCY by SPATE. Although the road constructed by LOCAL AGEDICY may be of hi_gl~er cntality, it shall at least meet specifications furnished by STATE. Provided further that LOCAL AGENCY in constructing said access road shall endeavor to disturb the natural features of the area as little as possible, and shall further re~zire that all access to the ramp and parking faci?.ities be made only along the access road as designated by LOCAL AGEi~CY. 10. If said property or portion thereof is taken by proceed-• ings in eminent dornai_n, the Department of }•aater Resources shall receive the entire av~ard for such ta];ing except that LOCAL AGEN:;`.T shall receive out of said at~~ard the cost of construction of any improvement then existing anti constructed by LOCAL AGEti'CY (other than: (1) improvements erected ~•~ith funds realized tYtrough in- come from said property; or (2) improvements for s•~hich LOCAL F.GENCY has been reimbursed by income from said property. ll. LOCAL AGENCY hereby ~~~aives all claims and recourse against the STATE and the Department of Seater Resources including the right to contribution for loss or damage to persons or prop- erty arising from, grcwi.ng out of, or in any way connected with or incident to this agreement. LOCAL AGENCY agrees to inde_~uaify, save harmless and defend the STF:TE and the Department oz S•;ater Resources, itS officers, c:geritS, and e>llplOyeES aga1.I1St any and all claims, clela:~ds or causes o= action that may be brought against the STe1Ti? and the Department of S~;ater Resources, its 5 p 2 3 G 5 6 7 8 9 10 31 12 a~ 1~ 15 l6 ~7 Z$ 1.9 20 2~. 22 23 2~4 25 26 27 28 29 30 31 officers, agents, and ernp7.oyecs arising out, of, or in any t•:ay connected ~~~ith oi: incident to this agreement, whi.cli claims, de- mands or CaLl5e5 of action arise under Section 895.2 of the Dover merit Code, or othez~•~ise, save and c3cceptiny the ney7.igt'nc:: of STATE and. its contracting agents. ]:n the event that S`I'ATi3 and LOCAL AGENCY incur. liability through the concurrent noylzgence of LOCAL AGL'VCY and STATE, their employees and/or agcn~:s, an apportionment of damages between LOCAL AG}r'~CY and STATL shall bo made by agreement of the parties or by a court of comp tent jurisdiction not in the presence of the jury. In the event that LOCPiL AGENCY maintains and operates said property by a concessionaire pursuant to paragraph 3, L~JCAL AGENC sha3_l require said concessionaire to maintain in force through- out the term of its contract, a comprehensive insurance policy in the amounts of $100,G00 per individual and $300,000 per accident, and $50,000 property damage with STATE, the Department of i~7ater Resources and officers, agents and employees named as additional insureds under said policy. Such policy shall not contain any. provision against cross liability between named insureds, and shall contain a provision for a thirty-day notice of tcr~~S.nation to STATr and the Department of Water Resources. . 12. This agreement shall not, nor shall. any ~.nterest therein or thereunder, be assigned, mortgaged, hypothecated or transferee either by LOCAL AGENCY or by operation of 1a:a, nor shall LOCAL AGENCY let or sublet, or grant any licenses or permits with re- spect to the use and occupancy of said property or any portion thereof, without the written consent of STATE first had oriel ob- twined, except as provided in paragraph 3 here5_n. 13. Notices desired or required to be given hcreund~r or u,,^.der any law nc~~~ er hereafuer in e`°ect n:ay, at tide option of the party giving sane, be given by enclosing the sas~e in a sealsd, a -6-- 2 J rr 5 6 8 9 ~.o 11 ~.?. J3 Zlt 15 1~ 17 la 19 20 21 22 23 2~ 25 26 27 28 29 3d 31 envelope addressed to the party for whom intended and by deposit-• ing said envelope, faith postage prop aid, certified with return receipt rec~iested, in the United States Post Office or any sub- si:ation {:hereof . xn the event such notice is being given to LOCi~L AGEIICY, such notice and the envelope containing the same shall be addressed to the Courthouse, oroville, California, or such other place as may hereafter be designated in writing by or on behalf of LOCAL AGENCY; and in the event that said notice is being sent to STATE,, said notice and the envelope containing the same .shall be ad.dress~ to the Department of Parks and P.Ccreation,. P.O. Eox. 2390, Sacramento, California 95511, 14. Said ,property sha].]. be }mown as the "Lime Saddle Area of the Oroville Reservoir State Recreation Area" and shall include all that certain rea]. property in the County of Eutte, State of California, as shoran on ~hibit I attached hereto and hereby made a part of this agreement. 15. It is understood and agreed that STATE may, upon si.~:ty (60j days written notice to LOC-.L AGENCY, resume control o` said recreation area subject to receiving an assigrrlent of the conces- sion agreement then in existence, obf:aining the approval a.nd re- lease of liability of LOCAL AGENCY to the Fiarbors and P7atercrafY Commission and the Department of Harbors and 64atercraft of the State of California, and further subject to the repayment to LOC~LT, AGENCY of the cost of the access road which LOCk'LL AGENCY will have constructed to said site. 16. This agreement shall be of no force and effect until LOCA_r, AGENCY receives a gr ant from Harbors and watercraft D:^-_nart-- ment of the State of California in an ~^~ount of approxi~:~ately $160,000.00, tahich grant will defray the costs of construction of the boat ram_n, parking and sanitary facilities. Notwii:hste~ndin~ -- 7 .. Z 2 3 !i. 5 G 7 .$ 9 10 1Z 1?. ].3 Z~ ].5 16 Z7 18 19 20 2i 22 23 24 25 26 27 28 29 30 3I anything to the contrary herein, this agreement is sL~l~ject to X11.1•: the terms and conditions of that certain agreement bct~•aeen the I3arbors and ZVatercrayt Com:ni.ssian and the County o% Butte, dated Iday 19, 1969, and to al ]. the terms and conditions of the agree ment for transfer to Departrent of Parks and Recreation o~_ in- terest in certain real pro;arty at Oroville Division of State S9ater Project between the Department of S~'ater Resources a.nd the Department o~ Parks and Recreation, dated biay 6, 1966. Atl right: of the Department; o£ ~~7ater Resources pursuant to the agreement of May G, 1966, are hereby preserved. LOCAL AGE_QCY, its successor. s, assigns or concessionaires shal]. enter no agreements which abridge the rights of the Department of hater Resources in any ~aay. IN WTTi3ESS S•dHEi2E0r', the parties have execated this instru- ment upon the date first hereinabove appearing. • C ~-TY OP BUTT CIf i~ICY.ILLOP, Cizairman o~ the utt~ County Board of Supervisors prove for fiscal control, 5ubj4~ ATTEST: +o budget appropriation, Audit s_ Officg CF,ARK A. NELSOid, County Clerk fi and ex--or:fi c? o Clerk of the Y `. !'~' ".. _ ~.".," Board of Supervisors Q STATE OF C_ALIFO?N2A DEPARTi~_~T OF PAP.KS AND RB'C~ EAT:CO_I V71LLlpi•I PEi~N hIOTT, JR. , Director. DEPAItTb,`EVT OF iATr Z Rk,30URCES S°d1LLIAi+I R. G~ANELLI, Director DEPART~IE`'i" 0? GE`:E:2P.L SERV1'CES AIvDFti;~•I R. LOLLZ, Director r g