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HomeMy WebLinkAboutD and K Beard Enterprise- 5 Year Concession Agmt. for Camp Fresno and Camp Fresno Jr at Dinkey Creekcrn or FRESNQ REPORT TO THE CITYCOUNCIL AGENDA REM NO. 1 F October 29,2(08 hwv`AWWV i s^ telt nolle a peoeep �L cPa � daewrsexT a cmwxacsa s� FROM: RANDAU L COOPER, Director Parks, After School, Reaeatpn and Community Services Department BY: FORREST DEAN, Perks Manager PAULA. MELIKIAN, Administrative Whisper Pella, After School, Recreadon all Community Services Department SUBJECT: 1) APPROVE A FIVE-YEAR CONCESSION AGREEMENT FOR THE OPERATION AND MAINTENANCE OF CAMP FRESNO AND CAMP FRESNO JR. AT DINKEY CREEK, CALIFORNIA WITH DENNIS AND KIMBERLY BEARD 2) APPROVE THE V$e AMENDMENT TO MASTER FEE SCHEDULE, RESOLUTION NO. W 420 CREATING A RESERVATION FEE FOR THE CAMP FRESNO RECREATION HALL RECOMMENDATIONS The Parks, Affair School, Recreation and Community Services Department (PARCS) recommaMs that the City Council approve Me aladled 1) five-year concession agreement for the optinatirg and maintenance of Camp Fresno and Camp Fresno Jr. at Dmkey Creak. CA over D&K Beard Enterprise, Inc. (Dennis B Klmbedy Seem), and 2) to 485a Amerachort to Master Fee Schedule, Resolution No. 80-020 creating a $150.00 Par day reservation fee for Me newt' renovated recreation hall at Camp Fresno. EKECUTNESUMMARY The aeadied Bve-year concession agreement for the operations and maintenance of Camp Fresro and Came Fresno Jr. is similar to the wasting concession Agreement wth cine current operator, Details S limberly Beaty. The only significant dtargai is that Me City Dill now receive 10%ar the grass ramp receipts instead of tie aarsnt75%. The atltlitional2.5%is axpedetl to generate appmdmately EiT,l%16E2g,0g0 in aditionat hMc for ca l improvements over Me lie Mike Agreement. This Agreement also stows the City to utilize Camp Fresno Jr. up to 12 days earn season at a discounted! $200 per Cay rate for youth camps. The Beards began opareMg to camp in May 2008 ager the City corduded a Request for Proposal process, acct have been ImWmam in rehabttatng Me tamp antl revamp and roc maintenance o Me t:am. Parks aaR believes Mottle Beehtls ere well gcalifierl for Ma cediwetl operation all maintenance M era ramp. Sl ell the Stahl s sham a vision M Me ramp becoming a destination for corporate reVeats and private events. The atarhed MFS resolution will establish a E1`A.W per day reservation fee for Me newly innovated nomination hall, which induces a re-buit deck, naw wtntlowe, sheet ra eleNiral lighting. furniture, and heating. The recreation hall oats re-tlediated on September 18, 2009 with a special ceremony W honor the Hiblom FwMaltonbr Meirsignifinmt tibutmsbihecemp. The renovated full willhaw allow Me buiklhg b be full utilized dung Me season ter meeH, movie ngha, and gerteml neaeation adrvity; as cell as corporate mtieam and private everts. The Muslin M Public and private funds (as exhiblietl in Me affarhed able) over the last several years to Improve the condition of Me ramp has lead blower vacancy nates during the Peak vaatm season as mom People considw Camp Fresno as; a vacation optive. The ramp is powlar Woolly, with about 44%0l campers coming nom Fresro CM during Me 2006 wawn. Induding Fmwo Cty mservatons, about 68%d wmwm came from Fresno County. The remaining 32% wam from ad of town' reservations. REPORT TO THE CITY COUNCIL Camp Fresno Five Year Agreement & Recreation Hall Reservation Fee October 29, 2009 Page 2 of 2 In 2006 PARCS and the camp concessionaire presented a five-year capital improvement plan for facility repairs and upgrades. Since then the City has utilized over $550,000 in grants, General Fund support, and donations to complete many projects. Despite this sizable investment into the camp, there is still an estimated $600,000 needed for the remaining major water, sewer, and propane system upgrades and extensive cabin rehabilitation. The Department has received positive feedback regarding the facilities from the campers. Law -and -moderate income families and youth programs sponsored by the City of Fresno and non-profit and faith -based organizations have benefited greatly from these new improved facilities. BACKGROUND The original (current) Agreement was for only one year, expiring December 2006, awarded after an RFP was conducted. The RFP process resulted in only two responses received by the City; the first from the operator (at the time) and Dennis & Kimberly Beard. The City had several documented performance issues with the current operator, and as a result chose the Beards to run the camp. The Beards also had extensive experience operating rental properties in the surrounding mountain area. The Agreement with the Beards was amended in 2007, extending their operation of the camp to December 31, 2007 with two automatic one-year extensions built in. The current Agreement's final extension expires December 31, 2009. The attached Agreement would extend the Beard's operation of the camp through December 31, 2014, whereupon the City intends to put the camp operation back out to bid. This Agreement would put the total duration of the Beard's operation of the camp at eight years, which is a shorter time period than most of the camp's previous operators. The overall condition of the camp has continuously improved since the Beards took over operation and maintenance responsibilities. Every year, Staff receives tremendous positive feedback from patrons about the progress of the camp rehabilitation. The Beards have also been instrumental in identifying grant dollars and establishing contacts with other agencies and volunteers, bringing together suppliers to donate needed materials. These positive factors all contributed to the PARCS staff recommendation that the Beard's operate the camp for another five years. Camp Fresno began as a firefighter camp for the U.S. Forestry Department. The City of Fresno obtained a Special Use Permit on May 28, 1926 for 34 acres of the main camp, Camp Fresno. Another four acres were added for Camp Fresno Jr. in 1956, making the total camp 37.24 acres. PARCS has contracted out the operation and maintenance of Camp Fresno and Camp Fresno Jr. for the past 25 years. The Camp is operated under a Special Use Permit issued by the Sierra National Forest. The Camp received 622 total reservations during the 2008 season, with about 44% coming from campers with a Fresno City address. FISCAL IMPACT Camp Fresno and Camp Fresno Jr. operate as an enterprise. The concessionaire receives all camp revenues and pays all expenses for the camp. Per the proposed operating agreement, 10% of gross revenues are paid to PARCS for deposit into a Camp Fresno capital improvement fund. The increase from the 7.5% in the current Agreement to the 10% going forward is expected to generate an additional $17,000420,000 for repairs and improvements over the term of the Agreement. 100% of those funds are used for capital improvement projects at the facility. Attachments Press Handout from the September 18, 2009 Re -dedication of the Recreation Hall Agreement 485`h Amendment to the Master Fee Schedule CAMP FRESNO In 2006, PARCS inkiated a local campaign to seek funding and in kind support to revitalize the camp and we are pleased to share the significant progress we've made to data. FUNDING SOURCE 'j5,154.80 A 2001 FY 2005 A 2009 General Fund Allocation $ 50.000 S IW.M j 0 Lowes Chariralse Foundation Grans 25.000 0 0 Nlllblom Foundation 100.000 100.000 0 Loral Bounteous estimated In -kid maseriasssernow 35,500 B m 0 Camp Fremw Caplal Improvement Fund Budges 25,300 34000 61.300 •Community Contributions me& to FUN "A.00 To al Funds Received or Generated $ 241,554 $ 2,,000 S 61,300 was donated by community members w our non-profn Franc, United Neighborhoods (FUN.) for the Camp Fresno Rehab Fund. IMPROVEMENTS • New Roof –The rooh were rephced on 39 Wim • Replaced flooring and suFflooring on 24 cabins. • Beds - Seventy live (15) new camp bunk beds with guardrails, ISO mattresses, and 150 vinyl mattress cov- ers • RepureNrephced all plumbing to restraoms and showers • Upgraded Patable water system1well, and water tank membrane • Repaired septic system leach lines • Replaced decking & rails on all cabins • New floor and foundation for Camp Fresno Jr. Kitchen • New rot4ot playground equipement (courtesy of Lowe's grant) • Water elgdent wileas REMAINING IMPROVEMENTS • Water &sewer system—$250,000 • Electrical system wall W InslMsllding $100,000 • Cabin reha1bi1itation—$250,000 SHARING THE CAMP Fresno United Neighborhoods donated 97.500 From it's K& go Is Camp Fresno Educational Fund to send 196 kids to camp in 2008. FUN supports PARCS efforts to bring exciting new wilderness "lasclences to disad- vantaged urban youth. Many of the children had never been damping before and were thrilled with the oir portunhy o Participate In the free camp and enjoy fishing, archery, and hilnng. /i eWYFTFi1r CONCESSION AGREEMENT CAMP FRESNO AND CAMP FRESNO JR. THIS CONCESSION AGREEMENT ("'Agreement") is entered Into this rxe ley of /l/nim/✓yr, 2009, by and batwaenthe CITY OF FRESNO, a municipal corporation ofthe State of California, hereinakercelletl "City," and O 8 K Beard Enterprise, Inc., a California Corporation hereinafter called! "Concessionaire " RECITALS A. Undera Special Use Permit added Decomber28, 1955,asamended("Permit"), issuedbythe Unitad States Forest Service ("Forest Service 1, City has the right to use certain National Forest land in Me Sierra National Forest more particularly described in the permit Rhe "Land) and to operate an the Land a family camp commonly referred to as Camp Fresno and Camp Fresno Jr. at Dinkey Creek (collectively rendled to herein as the "Camps'). The Permit is attached to this Agreement as Exhibit "A," 8. City owns certain stmctures and improvements located on Me Land and certain equipment and other items, all of which are used in operating the Camps. C. Pursuant to City's RFP boost March 8, 2008, consistent pomade of which are incorporated herein, Concessionaire agrees to lease the camp facilities and equipment, and to operate and maintain the Camps subject to the terms of the Permit. AGREEMENT 1. CONCESSION AREA ASSUMPTION OF OBLIGATIONS, RESERVATION OF RIGHTS. In conjunction with the concession herein granted, Clty hereby sublets M Concessionairethe Cltye land use rights undw Me Permit and leases to Concessionaire for IN use twenty-hva (22) two-bedroom cabins, twenty-nine (29) ona-bedroom cabins, a group camp wdh various structures, and all support fadlities of me Camps, as more particularly set forth in Exhibit Sr, aaached hereto ("Concession Argue'). A City representative and the Concessionaire will jointly inventory such facilitiesto vanity the condial maintenance levels, and number prior to the operating season. A photo log may be taken to document Me condition of Me fadlates. Except as otherwise provided in this Agreement, Concessionaire shall have exclusive use of the Concession Area. Concessionaire expressly assumes and agrees to perform and comply with all Me terms and conditions required to be kept or performed by City under the Perms, and any future amendments to the Perms, except Mat Concessionaire shall not be responsible for the payment of annual land use fees required of Me City under Amendment No. 2 to the Permit. Concessianalre's rights under this Agreement are at all fimes subject to such performance and to Me nights of the Forest Service under Me Permit. The City reserves the night to use Camp Fresno and Camp Fresno. Jr. and all pads thereof, for up M 12 days each camping saason as may ba necessary to conduct City programs or to fulfill the obligations of City under this Agreement, provided Cityshall give prior written notice ofsuch useid COncesslonalmhasagreedtosubsbtutebre normal fees charged for the use of Camp with a special $200 per day reimbursement. The City will reimburse Concessionaire by crediting the amount owed to the Cay under the grew rental receipts calculation. This credit pass not apply to the capital improvement surcharge. 2. USE OF CONCESSION AREA. The Concession Area shall be used forthepurposeafwnductinga public camp thereon together with such Other activides as may be reasonably related thereto, and for no other Purpose. 3. CONCESSION TERM. The base term of his Agreement shall begin on January 1, 2010, and terminate on the senior to occur of (a) midnight on December 31, 2014, or (b) Me eared termination of Mis Agreement as provided herein. The agreement maybe external with the mutual consent of both parties. goal 1 the City may have suf icrent time to conduct requests for proposal as provided In this Agreement Concessionaire shall give written notice to City at least four (4) months prior to expiration of Concessionaire's intention to seek extension of or enter into a new agreementwith the City upon the expiration of Ma term. At me end of the fourth year ofmis Agreement (December 31, 20133, the City and the Leasee shall commence exclusive negotiation of all terms and conditions for purposes of extending this Agreement. The parties shall negotiate during the first ninety (90) calendar days of the fount year of this Agreement In the event Mat the City and the Lessee are unable to sane at a mutual agreement. It is undarl by Me parties to this Agreement Mat the City will solicit proposals to lease or manage Me Leased Premises pursuant to Section 31 of this Agreement. 4. RENTPATMENT; LATE CHARGES; INTEREST. Concessionaire shall pay to City ten percent(10%) of grass rental receipts each month. In addition Concessionaire shall pay to City each month one hundred percent (100%) of all improvements surcharges charged and collected in accordance with the Curl master fee schedule. Concessionaire shall remit such monthly rent payments to City no Iaterthan the tworltieM day of the month following the month forwhich rentIs paid, and must include supporting documentation into hon each months rent payments ware calculated. Rent shall be paid by check or draft. payable to the City of Fresno, and delivered to the Parks Division Office . 2326 Fresno Street, Supe 101, Fresno, CA 93721-1824. Concessionaire acknowledges that late payment of rent will cause City to Incur costs not contemplated by this Agreement, the exact amount of such coals being extremely difficult and impracticable to fix. Therefore, Concessionaire shall pay to Citya late charge of One Hundred Dollars ($100) for any payment that is received by the City after the due date. The parties agree that this charge represents a fair and reasonable estimate of me costs that City will incur by reason oflate payment by Concessionaire Acceptance by City of any late charge shall not constitute a waiver of Concessionaire's default with respect to the overdue amount, nor prevent City from exercising any other rights and remedies available to It City shell not he obligated to notRy me Concessionaire of the accrual or assessment a late charges. Rent net paid when due shall bear interest m he maximum rate parmiredbylaw. The late charge andlcr interestmay, at the Chi sole dubral be waived if the City fins the late payment of rent to be excusable for reasons beyond Concessionaire's control. 6. DEFINITION OF"GROSS RENTAL RECEIPTS." "Gross Rental pool " shall include the total amounts from sales and rentals, and the total amounts for the performance of any act or service, of whatever nature it may be, forwhich a charge is made orcredit allowed, whetheror not such act or serviceis done as a pan of or In connactmn with the rental offal or equipment or the sale of materials, goods. wares, ormerchandlse, as long as the amount Is received in connection with the operation of me Camps or either of them. Included in "Grass Rental Receipts'shall he all receipts, cash, and/or covets, an property of any kind or nature without any deduction therefrom on account of Me best of the property sold. the cost of the materials used, labor or service costs.. interest paid or payable, or losses, or other expense whatsoever. Excluded from "Gross Rental Recafpts' shall be the following: 6.1 Any tax collected from me consumer or purchaser and which is separately stated and recorded! at time of sale; and 6.2 Receipts of refundable deposits, except that refundable deposes fodeded and taken into income of the business shall not be excluded', and business. 6.3 Processes paid as a result of an insurable loss. unless paid for the loss or interruption of 6.4 Money received ham or property donated by the Friends of Camp Fresno. a. TAXES. In addition to the rent. Concessionaire shall pay and discharge all taxes related to the Concession Area or Concessionaire's operation of" Camp inouding, but not limited to, any business licensetax, possessoryinleresttaxes', general and special assessments, and other charges of every deacrimn which during Any Inkrest in Leal pre ny Which ex sb use n9ult of femsesslon, exclusive use. ore right Ip pnSaeasien arexclWlve use of lend wnedby Cityan8anylmpme mentsthereon,isataxabklnterestunlev Mepos wrisexemplfro Wmbon. Lessee slwultl Rkeawpyofmis Agree tWa e.Tax Assessortodelerminehowmuch Less wilt WxeE. patall. the term of this Agreement may be levied on or assessed against the Concessionaire, the Concession Area, Me Land. or any and all improvements and other property located in, on, or about the Concession Area. If taxes payable by Concessionaire are taxed to the Cty beth other real or personal property of the City, the taxes shall be proretadonaS uarefootagebasisoroUerappmpnateformula. Concemionaims allpaythMtp onofwxes,for example, thatihe square footage of land or improvements related to tre Concession Area bears to Me total square footage of and or Impravemenh covered by the tax assessment to the City. T. UTILITIES. Concessionaire shall pay all charges for telephone gas, electnfty and water used, on, or about the Concession Area, and Shall provide and pay for the removal of rubbish. Concessionaire shall indemnity, defend, and hold City hmmless for any liability therefore. This section shall survive expiration or termination of the Agreement. 8. WASTE- HAZARDOUS MATERIALS INDEMNIFICATION. Concessionaire shell not(a)commit or suffer to be committed any waste upon the Concession Area, (b) maintain, commit, or parent the maintenance or commission of any nuisance in, on, or about Me Concession Area, or (c) use the Concession Area for any unlawful purpose. Concessionaire shall not cause or permit to occur in, on, under or abed the Concession Area any violation of any federal, state, or local law, ordinance, or regulation now or hereafter enacted related to environmental conditions. Concessionaire's use, storage, ordisposal of any matenals/supplies covered by this provision shall be in full compliance with any and all federal, state, and local laws, ordinances, codes, miss, and regulations now or hereafter enacted including, without limitation , any and all Occupational Safety and Health statutes, laws, betles, MISS and regulations of the United States and the State of California. The term "hazardous substances", as used herein, shall Include, without limitation, f ammables, explosives, chemicals known to cause cancer or reproductive toxicity. pollutants, petroleum arq petroleum products, and substances declared to be hazardous or toxic under any law or regulation now or hereafter enacted or promulgated by any governmental authority. Concessionaire shall defend, Indemnify. and held City Its elected officials. officers, agents, and employees, to the fullest extent permitted by law, harmless from and against any and all claims, liabilities, costs and/or lasses of any kind or cause whatsoever which ansa out of or reaut from Concessionaires or ConceaSlonalre'S agents, employees, ar IapfeSefltativBs' ase, Storage, ordlepesal of hazardous materals'in, on untleror about the Concession Area. This section shall survive expiration or termirns on of this Agreement. 9.EGDIPMENT ANDSUPPIL This Agreement includes a lease of all the City -owned equipment listed in Exhibit"e". However, any or all other City -owned furnishings and equipment on the Concession Area may be used by Concessionaire If Concessionaire so desires and so stipulates In venting to the CM. Should Concessionaire elect to use any or all of such fumishings and equipment, Concessionaire at hislher own best and expense, shall maintain and repair such furnishings and equipment throughout Me term of this Agreement and shall replace Me same as the necessity apses. All such furnishings and equipment which Concessionaire elects not to use shall be removed by City from the Concession Area within mirry (30) days of execution of tris Agreement. The Concessionaire will fumish all supplies, tools, materials and other property necessary to clean, operate and maintain all faclitiaS and equipment Concessionaire will furnish all transportation equipment and will fumish all expendable items, such as but not limited to toilet tissue. rags, detergents, and otter cleaning agents Concessionaire, at hisPter sole best and expense, shall maintain all Me equipment in a clean, sanitary, and operable condition. Such maintenance shall include, but not be limited to repair and replacement Replacement sleeping mattresses shall be plastic or vinN covered A City representative and the Concessionaire MAI jointly inventory the equipment to venty the Condition, maintenance levels, and number of such Hems prior to the operating season. A photo log may be taken to document the condition. 10. OPENING AND CLOSING CAMP, If the Concessionaire is rte ech theoperetion oftie Camps, a City representative will provide Instruccon; to Concessionaire at the beginning of me tarts on the maintenance and operation of the facilities and equipment including. but not limited to, the water system, Sewer system, garbage disposal, and road systems, and will instruct the Concessionaire on work required by the Forest Service. Thereafter. at the beginning of each camping season a CityrepreseMetivevnll provldelnstruction to Concessionaire on the maintenance and operation of any facilities or equipment installed or constructed ai Camps by the City during the off-season, and will inform the Concessionaire of any new maintenance or opmational requirements of the Forest Service. If Concessionaire has operated the Camps as a cone asionaire in prior seasons, Concessionaire acknowledges receiving instructions on all existing facilities and equipment and on current work required by the Forest Service. twill be Rre responsibilityfor the Concessionaire to "dose down" the Camp at the end of the season and to stations the Camp for use at the beginning of each succeeding operating season. 11. WAINTENANCE REPAIRS AND PAINTING. 11.1 MAINTENANCE To maintain Ne value of the Concession Area, Concessionaire shall, at Concessionaire's sole cost and expense and to the satisfaction of the City. 11.1.1 Keep and maintain all portions of Me Camps in good arderand in a clean and surgery condition, free of lifter neat in appearance, and in a safe condtlion. Restrooms shell be cleaned dally and more often if neamearyto keep them in a clean. sanitary condition . The interiors of all cabins and buildings in thefamily amp and the group camp shall be cleaned at least once a weak during the bine between "check out" antl "check in free 11.1.2 'Water down' all roadways in the campgrounds daily to reduce dust contingent upon the availability of water. 11.1.3 Remove all mbbisb garbage, andwastefrommo campers and i ispose of it. Garbage cans shall be emptied daily and bins emptied weekly. Any garbage kept ovemightinthecamp areas shall be stared In a manner Inaccessible to beam. 11.1.4 Concessionaire shall maintain intenors of all buildings free of graffiti. Forpurposesof this section, interiors are defined as all interior surfaces that are viewable to the public. 11.1.5 Properly use and operate ell water orientation systems in accordance with Fresno County though Department requirements. 11.1.6 Properly use and operate all electrical, gas, and plumbing fixtures and keep them as clean and sanitary as their corruption permits. 11.1.7 Submit to and obtain prior written approval from the City of Fresno and Ne Forest Service for development plans, layout plans, construction, reconstmdion, oreXwationof impmvements; or revuicn of layout orconstmction plans for the Concession Areae. The City shall respondwithln thirty (3g) days dlheraquest for approval. Concessionaire may remove or destroy trees or shrubbery, in Me Concession Area only after the Forest Service has approved the removal or destruction, add has marked or otharviiae designated Rte trees or shrubbery to be removed or destroyed. Merchantable timber cut must be paid for by Concessionaire. Concessionaire may plant only such trees, strobe, and other plants in such manner and in such places about the Concession Area as are approved by the Forest Service. 11.2 FAILURE TO PERFORM Should Concessionaire fail to perform humor obligations under this Section 11, City may, but shall not be obligated to, enter upon the Concession Area and pedorn such obligations, sing any suitable equipment or materials available to the Concession Area whether belonging to City or Concessionaire. Concessionaire shall upon demand reimburse City for Clive costs so incurred including, but not limited to, direct and indirect overhead costs as determined by the City. 11.3 REPAIR AND REPLACEMENT Concessionaire shall maintain the facilities and structures In and on the Concession Area and every part thereof in good order and in safe, sanitary condition and repair. Maintenance shall include repair, replacement and rebuilding, except as otherwise provided herein. Concessionaire and City acknowledge that COOCM03lanalre may not have funds budgeted and avallable formajor repairs, replacements, or rebuilding for which and at the time which Concessionaire may became liable under the terms of this Agreement Concessionaire shall notify City of all required major repairs, replacements, orrebullding 4 and City shall determine whether such repair, replacement, or rebuilding shall be completed. Concessionaireshell use hislher best efforts to make all such repairs, replacements and rebuilding in atmely manner, and agrees to do so in the following order of priority- 11.3.1 riority 11.3.1 Repairs affecting public health or safety. 11.3.2 Other repairs Concessionaire shall keep Me Concession Area and every portion thereof free and dear from any and ail liens, claims, and demands for work performed, materials furnished, or operations conducted an the Concession Area at the instance or request of Concessionaire. In the event Mat Me Concessionaire is unable to pay the costs of meeting any obligation under into Section 11 and the City fins that such inability substantially impairs the ability of the Concessionaire to continue to perform Is obligations hereunder or g the City detemrines Mat the repair should not he made, and the City further determines that the result will be a substantial detrimental effect on revenues tram the Camps because the public is unable or unwilling to use the Camps, then the Concessionaire may, after reasonable notice to City, terminate all of IN obligations hereunder. For purpose of this section, a "major repair shall mean a single repair or replacement item that is necessary to render the use or operation of the Concession Area or any portion thereof safe for human habitation. 11.9 NO DUTY OF CITY TO REPAIR OR REPLACE Concessionaire understands and agrees that City shall not have any duty nor shall City be called upon to make any improvements, replacement, or repairs whatsoever to the Concession Area or any part thereof including, but net limited to, any structures, other Improvements , fixtures, trade fixtures, equipment, facilities or utilities. 12. IMPROVEMENTS. Concessionaire shall as the need arises make written recommendations to City regarding improvements to the Concession Area, and submitsuch recommendisonsto City forapproval. The Clty, at its sale discretion, shall evaluate the recommendatlonsan formulate a decislonwithi0 thirty (30) calendar days after receipt to render a decision Instilling to Concessionaire. The decision shall be final and binding- For improvements recommended by Concessionaire that are approved by the City in writing, and completed by Concessionaire, Cityshall reimburse Concessionaire In any fiscal year of Metertn an amount not to exceed the rent the City receives orwill receive from Concessionaire during the same fiscal year. Unless otherwise agreed in writing between to Fares as used In this Agreement shall mean now, added or replacement improvements that become a permanent pad of Me real property, cast a minimum of Five Hundred Dollars ($500.00), and have a minimum expected life of five (5) years. 13. CONDITION OF FACILITIES. 13.1 Concessionaire warrants and agrees that at the commencement ate term of this Agreement the facilities and equipment are In goad operegng condition and repair, other than what has been idenetied in day's pro tonna proposed five-year Capital Improvement Pan for Camp Fresno antl Camp Fresno Jr. (Exhibit F) stiffing out potential projects subject to annually allocated and available funding. 13.2 Concessionaire accepts the Concession Area and the facilities and equipment thereon. Concessionaire agrees not to make any demands upon City, and City shall not be responsible for. any Improvementsoralteratlontheerof. ConwSSlonalre agrees and represents that he has personally inspected the Concession Area, and the area surrounding the Concession Area independent of the City or any agent, officer, or employee of City, and that Concessionaire is entering into this Agreement as a result of Memel own investigation and not as a result of any representations made by City or any agent, employee, or oRcer of City. 19. CONCESSIONAIRE'S REPORTING RESPONSIBILITY. Concessionaire shall orally report to City at Its Parks Division all damage to Citi facilbies in excess &$50 00 resulting from vandalism, an shall orallyrepi City all breakdowns of City equipment,by g:o0 a m. the City wark day following the damage or breakdown. If the Camps or anher of them Is without water, electricity or sewage, Concessionaire shall report the problem to City at las Parks Division Office immediately. If the Parka Mvnsion Office is brand, Concessionaire shall make the report to City at by answering service (559) 621-2900. 15. SIGN . All additional signs desired by the Concessionaire must be approved in writing by City. This includes, but is not limilad to, the color of signboards. matenal, location and signs used The majority of signs will be located on Me information bulletin board inducing, but not limited to, rules and regulations, and general area Informaron. Traffic signs such as speed limit signs may be Posted inside the Camps to regulate traffic on the Camps' road systems 16. CAMP INSPECTION. City requires and Concessionaire shall Permit an annual Inspection of Me Concession Area and all portions Mareof by the Fresno County Health Department and me U.S. Forest Service. Concessionaire, at Concessionaires sole cost and expense, make all connections recommended or required as a result of such inspections. A City Parka Division representative shall be present at each Inspection. 17. CAMP OPERATION. 17.1 RESERVATIONS. Concessionaire shall continue to use Me reservation system currently in place for both Camps. Any change in this reservation system will require the approval of the City m Fresno. 17.2 FEE COLLECTION Concessionaire shall be responsible for the assessment and collection of rental and all over user tees. 17.3 COMPLIANCE WITH LAWS RULES AND REGULATIONS. Concetisandre shall conduct only Il operations from Me Concession Area in accordance with all Federal, State. county. and city laws now In enact or as hereafter adopted or amended, including but not limited to, Federal Pure Food am Drug Laws and all other applicable health rules, regulabona, ordinances, and laws. Concessionaire will be responsible to monitor water quality according to California Domestic Water Quality and Monitoring Regulations required for drinking water systems. The City reserves the right to adopt. amend and enforce rules, and regulations governing the operation of the Concession Area. Such rules and regulations shall be consistent with the safety, security, and public use requirements of the Concession Area. The following are regulations Met must be enforced by Concessionaire. 17.3.1 No recreational vehicles shall he used for sleeping quarters in the Camps. 17.3.2 Dogs and cats small be prohibited, unless on a leash. 17.3.3 The use of motor bikes shall be problbbed In the Camps. 17.3.4 The drinking of alcoholic beverages in the playground area shall be prohibited 17.3.5 No radias and other audio appliances shall be played at a high noise level in the Camps. 18. TREATMENT OF PUBLIC. Concessionaire and Concessionaire's employees, agents, and representatives shall at all times be respectful and courteous to the public. Concessionaire shall notify, City of any service complaints and disposition of same. City shall amity Concessionaire of any servicacomplaints received by City and Concessionaire shall provide City with a response and disposition. 19. FINANCIAL RECORDS. Concessionaire shall provltle City once a year with a CPA Reviewed financial statement as defined by the American Institute of Certified Public Accountants duly certified by Concessionaire. The financial statement will provide separate gross and net revenues and expenses for each operation of the Concession Area. The financial statement shall also provide monthly statistical Information on revenue from each rate structure in accordance with Exhibit "E". attached hereto. Concessionaire shall preparearxt submit such reports to City main sarrenty-five (75) days after the end of each fiscal year of Concessionaire. Concessionaire shall also provide such Information regarding camp operations and revenues same Convollerof be City may, In hislher judgment, require for Me adequate assurance of compliance win Me terms of this Agreement Citys agents and officers shall have the right m reasonable times and ftequencies to inspect and review any and all of Concessionaire's records regarding the Concession Area and this Agreement. Concessionaire shall maintain a rental receipt registerand cause all receipts from Me operation mthe concessions to be recorded thereon. The register shall be available for review and audit by Me City. Revenue general by" 6 Friends of Camp Fresno shall not be subject to this provision, but shall make financial reports directly to me CRY. 20. FRIENDS OF CAMP FRESNO. The Friends of Camp Fresno ("Rientls'y, a volunteer group, has provided support to me Camps for a number of years through annual cleanup and improvement projects. The Concessionaire shall review and approve all projects which the French; provide on-site at the Camps and shall he responsible for ensuring that all activities, projects, sales, or installations by Friends comply with all laws and regulations which may apply to the project andlor to the Concession Area. Concessionaire may provide complimentary cabin use or other graturces to the Friends' volumeers at the sole discretion of Concessionaire, where allowed by lawlthis Special Use Permit and approved in advance by the City. 21. RENTAL RATES. The rental reales, fee, and deposit schedule is atlached hereto as Exhibit -W Subjectto receipt of prier approval by the Fresno CMCouncil, Concessionaire may Increase rental retesdunngthe tern of Mrs Agreement The City shall be allowed to increasefees at Ccys i iscretion for capital improvemems or such other expenses as the City may Incur. 22. INSURANCE. 22.1 Throughout the life of this Agreement. Concessionaire shall pay for and maintain in hll force and effect all insurance as required In Exhibit oras may be authorized to ending by CRys Risk Manner r hisAer designee at any time and in his0er sole discretion. 222 If at anytime during the life of Ma Agreement or any extension, Concessionaire or any of its Subcontractors fag to maintain any required Insurance in full force and afled, all services and work under this Agreement shall be discontinued Immediately, and all payments dueorth ttl ecomedueto Concessionaire shall be withheld until notice is received by City that the required insurance has been restored to kit force and effect and that the premiums therefore have been paid for a period satisfactory to CRY. Any failure to maintain the required insurance shall be sufficient cause for City to temlinate has Agreement. No action taken by City pursuant to this section shall In any way relieve Concessionaire of its responsibilities under this Agreement. The phrase 'fail to maintain any resulted insurance' shall include, without limitation, notrfication received by City that an insurer has commenced proceedings, or has had proceedings commenced against it. indicating that the insurer Is insolvent. 22.3. The fad that insurance is obtained by Concessionaire shall not be deemed to release or diminish me liability of concessionaire, including, without limitation. liability under the indemnity previsions of this Agreement. The duty to indemnity City shall apply to all Germs and liability regardless of whether any insurance policies are applicable. The policy limits do not ad as a limitation upon the amount of Indemnlfiwtion to be provided by Concesslonarro. Approval or purchase of any insurance contends or polices shall in no way relieve from liability nor limit the liability of Concessionaire, ae principals. officers, agents or employees 22.0. Upon requestof City. Concessionaire shall immediately furnish CRY with a complete copyof any insurance policy required under this Agreement, including all endorsements, with said copy certified by the undeiwnter to ba a thus and coned copy of me original polity. This requirement shall survive expiration or temdnation of Nis Agreement. 22.5 If Concessionaire should subcontred all crany potion of the services to he Worried under this Agreement, Concessionaire shall require tact subcontractor to provide insurance prdecticn in favor CRY and each of its officers, officials, employees, agents and authorized volunteers in accomance with the terms of this section, exceptthat any required certificates and appllwble endorsements shall boon filewim Concessionaire and City prior to me commencement of any services by the subcontractor. 23. INDEMNIFICATION. Concessionaire shall Indemnity, hold harmless and defend Cdyand eachofgs officers , officials , employees, agents and aumodzed volunteers from any and all loss, liability, fines, penances. forfeitures, costs and damages (whether In contrail, hatl prime liability, including but not limited to personal injury, death at anytime and property damage) incurred by City, Concessionaire or any other person, and from anyand all claims, demands and actions in law or equity (including atmmeysfees and lifigalion expenses). arising oralleged to 7 have arisen directly or indirectly out of performance of this Agreement Concessionaires obligations under the preceding sentence shall apply regardless of whether City or any of 15 officers , officials, employees, agents or authorized! volunteers are negligent, but shall not apply to any loss, liability fines, penalties, forfeitures, costs or damages caused solely by the grass negligence, or mused by the willful misconduct, of City orany of ds officers, officials, employees, agents or authorized volunteers. If Concessionaire should subcontract all or any portion of the work to be performed under flus Agreement, Concessionaire shall require each subcontractor to Indemnify, hold harmless and defend City and each of its officers, officials, employees, agents and authorized volunteers in accordance with the farms of the preceding paragraph. This section shall survive termination or expiration of this Agreement. 24. OWNERSHIP OF IMPROVEMENTS. Any and all structures, buildings, improvements, alterations, additions, betterments, or fixtures constructed or installed by Concessionaire upon the Concession Areas shall upon expiration or earlier tenrinumon of this Agreement, become the property of City without compensation being paid mansions, and shall be surrendered with the Concession Area. City shall have the option, however, or expiration or termination of Hila Agreement, of requiring Concessionaire, at Concessionaire's sole cast and expense, to remove any or all of such alterations and improvements. Should the CM elect for removal and Concessionaire fail to remove said alterations and improvements within a reasonable period of time after notice to do so, City may sell, remove or demolish, or otherwise dispose of same. Upon demand melte by City, Concessionaireshall reimburse City for any reasonable cost or expense it incurred in disposing ofthe property. less any value received by the City as part of such sale. removal or demolition, or other disposition. 26. SURRENDER OF CONCESSION AREA. Upon expiration of the term of this Agreement, Concessionaire shall, at Concessionaire's own coat and expense, remove all Personal property, belonging to Concessionaire, and all alterations or improvements made by Concessionaire during me term hereotwhich the City has notified Concessionaire to remove. Concessionaire shall repair all damage to the Concession Area or any portion thereof caused by such removal 26. DESTRUCTION OF IMPROVEMENTS. In the event any improvement on, in, or about the Concession Area is damaged or destroyed by an event against which Concessionaire is required to carry insurance hereunder, Concessionaire shell, at City's option, repair, rebuild or restore such improvement to substantially the same condition as such Improvement was in Immediately preceding the event of damage at destruction, or shall pay such insurance proceeds over to City. In the event any Improvement in, on, or aboutme Concession Area is damaged or destroyed by an event against which Concessionaire is not required to carry insurance hereunder, City shall, at City's option, repair, rebuild, or motors the Improvements to substantially the same condition as immediately prior to such event of damage or destruction. Notwithstanding the foregoing Conceinummlre shall have no obligation to repair, restore, or rebuild. and Shall have the right to terminate this Agreement upon payment of all insurance proceeds to City if. (a) the damage or dastructon from an insured casualty cannot reasonably be repaired, happened, or rebuilt within the term of this Agreement ',or(b) damage ordestmction from an insured casualty occurs afterthe doee of the last camping season under this Agreement and Concessionaire has not bafom the casualty entered Into an agreement with the City to continue as Concessionaire. 27. RELATIONSHIP OF PARTIES. Nothing consul In this Agreement shall be deemed or construed by the parties or by any third persons to create the relationship of principal and agent or of parinershlp or joint venture between City and Concessionaire. In performing is obligations under this Agreement, Concessionaire is acing as an independent contractor. and not as an employee of City. 26. DISCRIMINATION. Concessionaire ceNfles and agrees that all persons Concessionaire employs. as well as its subcontractors, bidders, and vendors are and shall be heated equally without regard to or because of race, religion, ancestry, national origin, age, or sex, and in compliance with all Federal and State laws pnshibdag discrimination In employment. 29. DEFAULT AND REMEDIES. If Concessionaire breaches this Agreement or abandons the Concession Area before the natural expiration of this Agreement, City, in addition to any other remedy given Cutyby law or in equity, may. (a) terminate this Agreement and recover from Concessionaire any and all amounts for damages as permittM by law. or (b) terminate this Agreement and, in addition to any recovery under (a), bring an action to reenter and regain possession of the Concession Area in Me manner provided by the laws of unlawful detainermenine8 wCaldomia. The remediesgrented to City in this Section 29 are not exdusuve but shall be mulative and in addeion to all other remedies now or hereafter allowed bylaw inequity ar under in Mia Agreement. The following events shall constitute a material default and breach of this Agreement 29.1 Failure to pay rent when due: 29.2 Failure to perform any other covenant, contlsion. oragreament hereinwhen the failure is not cured within ten (10) days after wBten notice of the specific failure is given by City to Concessionaire; 29.9 Failure to make any other payments required hereunder when due, if the delinquency continues for more than thirty (30) calendar days. 29.4 Failure to submit finance records as required under Section 19 of this Agreement 29.5 Ceasing operation of the Concession Area as a public camp for more Man font -eight (48) hours, unless caused by acts of God fire, or the elements. The; shall not be consul to mean Mat Concessionaire must keep Me Camps open to Me public during other than Me recognized camping season.) 29.8 The bankruptcy or insolvency of Concessionaire, or Me making by Concessionaire of any general assignment for the benefit of creditors; 29.7 The filing by or against Concessionaire of a petifion to have Concessionaire adjudged a bankrupt or a of a petition for reorganization or an argement under the Sankmpay, Act unless such action Is dismissed within sixty (60) calendar data of fling; 29.8 The appointment of a receiver or trustee to take possession of substantially all of Concessionaire's assets located at the Concession Area or of Concessionaire's interest under Mia Agreement, 9 possession is not restored to Concessionaire within thirty (30) days. or 29.9 The attachment execution, or other judicial seizure of substantially all of Concessionaire's assets located at the Concession Area or of Concessionaire's interest in Mus Agreement, when the seizure is not recharged wall fifteen (15) tlays. In addition to the foregoing, Concessionaire acknowledges that this Agreement shall terminate on the following events: 29.10 Termination by the Forest Service of Me use rights granted under the Permit for any reason including, but not limited to those stated In paragraphs 14 and 19 of tie original Perms: or 29.11 A determination by the State Department of Fair Employment and Housing or Federal Equal Employment Opportunity Commission Mat Concessionaire has violated State andlor Federal discrimination laws. No claim shall be made by Concessionaire against City for or on account of prospective profits or for any injury or damage to pmperges, improvements, or ofteretuons due to termination of this Agreement under paragraph 19 of the Penns If either Concessionaire or City receives a notice as provided under such paragraph 19, that party shall forward a copy of the notice to the abler party hereunder. Within Me ninety (90) day evacuation pend, Concessionaire shall remove all hislher property from Me Concession Area Mat Concessionaire Is pennitled or required to remove under the terms of this Agreement. 9 30. MISCELIANEOUS PROVISIONS. 30.1 ASSIGNMENT Concessionaire shall not assign this Agreement or anyioterest Mori and shall not sublet the Concession Area or any part thereof, or any fight or privilege appurtenant thereto. Voluntary acmes of Friends shalt not come within this prohibition against assignment provided all such activities have frac been approved by Me Concessionaire, the City, and be Forest Service. 30.2 RIGHTOFENTRV Cityandthe Forest Service shall have the right by its officersor employees to enter upon the Concession Area at reasonable times during regular business hours to Inspect the Concession Area, to determine whether Concessionaire is complying with the terms of this Agreement and the Permit to Perform lawful acts that may be necessary to protect the interest of City or Me Forest Service in Me Concession Area, or to perform duties under this Agreement or me Permit or law_ 30.3 ATTORNEY'S FEES In the event any action, suit, or proceeding Is commenced between me parties concerning Me Concession Area, this Agreement or Me rights and dunes of either party under this Agreement, the party prevailing shall be entitled d addition to any other relief that maybe granted In Me action, We reasonable sum as and fords attorneys' fees, as determined by the court in which the action is brought or In which a separate proceeding for ammeys fees is brought. 30.4 EXOLUSIVEVENUE The parties stipulate to venue In and to Mejudsiictom of Me courts in Fresno County, California for all actions arising under this Agreement. 30.5 ENTIRE AGREEMENT This Agreement contains Me enme agreement of me parties with respect to the matters covered by this Agreement. 30.6OH TICES All notices under this Agreement require! to be in wddng shall he addressed to Me Parties as follows, and shall be delivered personally to either party by the other or delivered by first class mail. Postage prepaid, registered or certified return recelpt requestaH and addressed as follows: CITY: City of Fresno, Attention Parks and Recreation Department Director 2326 Fresno Street Room 101 Fresno. California 93721-1824. CONCESSIONAIRE D & K Beard Enterprise, Inc, 13810 Oak View Dnve Prather, California 93651. Either party may change Its address during me term hereof by giving nodes to the other as provided herein. 30.7 EXHIBITS All exhibits referenced herein as attached hereto are by such reference Incorporated into and made a part of this Agreement for all purposes. 30.6 SEVERABILITY Ifanycovenant.agresmentterm, orconditionofmis Agreamentlsheldbya mud of competentju isdidion to be invalid, void. or unenforceable, the remainder of the provisions shall remain in full farm and erred. 30.9 INTERPRETATION This Agreement shall Be Interpreted armors ing to the rules which govern Me interpretation of contracts, as prescribed in Part 2 of Division 3 of Me Calhomia Civil Code, commencing am Section 1636. The headings herein contalned are for convenience and reference only and are not intended to define or limit the scope of any provision thereof. 30.10 TIMEOFTHEESSENCE Timms of the essence of this Agreement and of each provision. m 30.11 WAIVER No failure by either City. or Concessionaire, to insist upon Me strict performance by Me other of any covenant, a0reement, term or cordition of Mis Agreement, or to exercise any right, or remedy consequent upon a breach thereof, shall canstilme a waiver of any such breach or of such covenant agreement, terms, or condition. 31. REQUESTS FOR PROPOSALS. Under Section 3 of the Agreement Concessionaire is to notify Me City at least four (4) months inner to expiration regarding Neiher intent to renew or seek a new Concession Agreement If such notice is not received bysuch date, or f received and the City detenninesthat tweed be trite best interest of the City to solicit proposals, then City may sotidt proposals to lease or manage the Concession Area. Concessionaire may submit a proposal therefore. Cityahall evaluate and consider each proposal received on its mems and on the same basis as any other proposal. If City solicits proposals and Concessionaire fails to submit proposal or is not selected as Me conc"wonai it the City will use Its best efforts to provide not was Men ninety (90) calendar days' notice to Concessionaire of the change in Concessionaire so Mat Concessionaire may make such arrangements as may be necessary to dispose of personal property, sell unneeded equipment, and evange for the newly selected concassiorl Concessionaire agrees Mat any new concessionaire may upon agreement with Concessionaire, purchase all maintenance equipment tools, and supplies, used in the operation of Me Camps and owned! by Concessionaire, at fairmallet value. For purposes of Mia Section. the determination of fair monist value shall be made after giving considerebon to, among other factors, the original purchase pace, present condition, depreciation, and demand therefore. 33. HOLDOVER. In the event Concessionaire holds over and continues in possession of Me Concession Area after expiraton of the term hereof, such holding over shall be considered a month-to-month tenancy, subject to all Me terms and conditions of this Agreement and shall not be deemed a renewal thereof. //l 11 IN WITNESS WHEREOF, the parties have executed this Amendment at Fresno, California, me day and year first above whden. CITY OF FRESNO a municipal corporation � �l By, andall L Cooper Parks, After School. Recreation and Community Services Department Ilii�a],- —I ATTEST: REBECCA E. KLISCH City Clerk By tP�� Deputy Ial flog APPROVED AS TO FORM: JAMES C. SANCHEZ City q omi ry By DePury'Z'pM/LE] CONCESSIONAIRE U & K Beak Enterprise, Inc. a Cati orma corporation By1IR 8EA9ENf RD Title: Partner Attachments. 1. Exhibit "A' Special Use Permit issued by U.S. Forest Service 2. ExhibiPB' Facility and Equipment Inventory 3 Exhibil`C Insurance Requirements u= - EIXIOII A o. c;✓ "I I U`�- JAN 957 -PERMIT !SPECLAL USE WITe " I` Carl ffier_a Nabonri Foresh P-ai.ssian N hereby 8`aoted to = w � T_'amo, [ 4fe Sm died the pesxarthe, to ase, subject to the =aditiom set out below, the foltow2gin Sed 4mda or pr ve tits: iar!mal ymut lvd 1 sd 1a SG"m a, aad the Y%} m and A NR KPS e---'^ 179 S. Ins., L mz.s K. J.3. 41L, as sacxom m C7 af. hemp Kap Na. 7-3-11:�tlad CP Frere and �P hams - .. and dated tepembe 22456. (%aafa.a 917E/Sa) This Pee�ir covers Iwrae. ]7.34 aces and/or vines for the yam' a of: Lve�--`a+6, _•-�•l••s,-• and pp¢atfai a oa<!Pc1 cava• The crease of my of the privileges greabed la this permit mvtitufea aceeptane of all the coud- Howoft yemi 1 in nnzidentiaa for tiffs oat the yarmitiee sban depasit with the aegfoael F'ueil AMFocest -civic•. - - - m the 1:r -surer of tpe Varied Sties is Ne svm of (5—�) for the Period >4vm 19� and thaelter atnu.ny oa tiets, draft• or money order mode pavable done= 19_, to donors ($— 7. Me ehsr es for this ase may be readjusted trvm time to time to Puce r pe -mit rat a bzsv rnnsisteatwith Ne c�orge N nabs• Permittees for bye pr{Neg "�` EXHIBIT A G-OS�Yli�pl Cz(jt,T a1 i za:c, 5/29/26 �.. Pae. Tan ADa'P_OtUL 5'f1i4L'.TIOtlS TO giTlTAL-V52 -�2 - gL7jRA 1J.MML FGE 9. T.-e per- ttae ab=+es :o take s= n'sa' le Pr aoailen to avol dam's to =n a=T z- -eea,ree at the gated d-atefi-_ aad d+_;nrt17 to �xderake eu- n � the event afa react� J217 2:7 :53 _�retiw Ss rce ; l 70= Bxc1z Eae aq.:eaC'-=E � ...t a ;he a:vae `za+ysEed :.m"=t `.a icl'•:. is a c — si ��_�'ya-gy-�+�'�4E ^-si' z ciw a s:.:.a= z,1 is a ..'. �P� e �. ;ritiL s arra ;usee.•..3...nt r =er:1t arra w = .: c t`a to C`St star, ^s a`sas .'.sslrat4d ie:rlt 1a alcc axZ` d u �,rL^s s �ac=x s 'v� t� L• i Sectloa 17, '. 1ll5.2 R. 2ffi., h.D.]. q X.a si sz Ulcally as Sic.3 c ttc attee".ad W 'S1s let.z. :�0 ai0~ 'j_+9i�j9t81 :'..fACia�.:.�4^� wt 3 �Oi et.1"l1"A AS'3-id Gr c:J.'y'ud. �= t EXHIBIT A r 2� (TM) �9'C,V v]Wl_CL13 Seo -•;ca u': J217 2:7 :53 _�retiw Ss rce ; l 70= Bxc1z Eae aq.:eaC'-=E � ...t a ;he a:vae `za+ysEed :.m"=t `.a icl'•:. is a c — si ��_�'ya-gy-�+�'�4E ^-si' z ciw a s:.:.a= z,1 is a ..'. �P� e �. ;ritiL s arra ;usee.•..3...nt r =er:1t arra w = .: c t`a to C`St star, ^s a`sas .'.sslrat4d ie:rlt 1a alcc axZ` d u �,rL^s s �ac=x s 'v� t� L• i Sectloa 17, '. 1ll5.2 R. 2ffi., h.D.]. q X.a si sz Ulcally as Sic.3 c ttc attee".ad W 'S1s let.z. :�0 ai0~ 'j_+9i�j9t81 :'..fACia�.:.�4^� wt 3 �Oi et.1"l1"A AS'3-id Gr c:J.'y'ud. �= t EXHIBIT A 2716 IWviclpat Camp & Playground City of preset, 5/28/26 SPECIAL USE PE]U2T A.KN6SNI N0. 2 Me Special Use Pelt issued ca Citv of Fresno on December 26. 1956 by L. P. Abel, Ac1ns Forest Suvervfaer, fa hexehy amevaed as fo llaysl 1. Upon Pre end Cheap p PresSuvior are to be shown as indicated on actan.d map. 2. no public picnic ares along oin4ey Creek much of Che wooden bridge is deleted from portal E. 3. Gmo Pxesvv (main) has been enlarged from 33.95 to 34.43 acres. 4. Camp Fresno Junior has beet enlarged from 3.26 to 4.05 acres. S. As atalc of Procter regularises and appraisals of land a rs which rrepresete fair land rmangl valued, we e hereby placing your pemlc In charge basis with am annual a t f 520.00 per soon r fraction thereof c m..citg on]aoua-gl. 1965. Peas to connection with this pe nit art due and payable by not later than February 13 annually. 6. Pais permit is aubjeet ca cancellaclom for non-payment of the eciaL use fee. Cancelladvn x111 baceme effective automatically if the permittee has act main paymaat by February 13 of each year. A service fee in addition td the regular fee Ill be charged far reineur®enc of the permit. y. A service fee will be abovead for issuance of a -v now pewit as result of any change of Ownership other thantof coocranc, foreclosure, tad vale, o other valid legal proceedings against the improvements occupying this lice. S. Delete Clause No. 21. 9. Eae concussion stand operated by the cap is Intended ca include Ltawg solely for no acco,moeb,tion of Children. Paamplee are own, undies, soft driWu, icee , .cc. be staple foods or &Jute supplies are to be handled. Maciuea) EXHIBIT A via-,W=icipal Comp 6 22ayarouud, eicy of Fresno, 5128156 Fage Tn - Lvv4vsv�av±va 5]_CLV. 053 ??i'Q: ai3NaC`TS NO. 2 (Goutimed) car-cedicn •r_t'a too _ mance of sark ander this permit, the p rcettee agrees as follows: 11(1) The permittee will not discriminate against any esnloyee or acclicent for eonloyment because of race, creel, color or national origin is pa..Sttee viU take affimma'rive action to ensure that awlic=_nts are emplayd, zrd that w ^laysa_ treated d tag employment '.rraaut reg -n t their race., Cee^__, a laS r cordons- rl- C. y ae - _ -ha_ S- clvLe, out mot be 1'J.vL2d to, the fo olring:rloyrent, y grading, demotion or transfm; recruitment oresomsmt ad - layoff or tor=,-aticn; rains of pay or other `orms of compensation; and selection Lor training, dn-clu -g a oran- "�' ticeshin. The pes<t,as igleee to pest in nnspicacus places, ava_able.to employees and applicants for emoloyment, notices to be provided by the Forest Service setting forth the pro- . n_sicross Of'this. non-dvcrliutian clause_ p(2) .T a permittee tiL', in all solicitations or advr tisemeats for employees ?laced by or on 'oehalf of the per- mittee state that -all qudried applicants ,�l receive Con- sideration for emoloymmt sitheut regard to race, creed, Color, or national origin. OW The permittee rill send to each labor union or rep- resentative of avr'zers vith which as has a collective bargain- , ing agreement or other Contract or Under3tand+392 a natice, be be provided.by the Forest Servioe advising the said lab -r union or earicare' representative of the paraittae's co 4iments order this section, and shall pest copies of the notice in con:pic- aOns places available to e: 07tes and agplicomms for employ - mens. (con rdpued) EMBIT A ,._,..ez asg F T �= Na. - (Conuia„en) "(4) The permittee wit. cnm17 alto all prov'io¢s of a- m @der No. 10925 of Reach '6 1961, add of the rales, rsg- ulatiauq and rel^'vest orders of the president's Comnittas on F : Ema1 loyeant C000rt,mitycreated thereby. ".(5) TTe pahatoee wdll imtish all iaformzmiaa and re- nis reau•=ad by Executive O: d" No. 10925 of P1 -'^ch 6, 1961, and by one rulas, r egu aticns, and -orders of the said Coasottes, r pe, at thereto, and wi11 ae^mit access to his books, r arils, and accounts by the Forest Servace and the Comtdttee for ponoses of investiaratlen to ascsrtaia commlirmcs v mh Such rcles, sea>datinus, and'crde^s. - "(6) I¢ the event f the pe^mitee's not-comoliance with the"nonose: �imtic¢ clauses of this neat or w4th any of the said rales, reaulaticns, or arae -e, this oernut may be -cant -led in whole or in part and the perm ttee may be deoea.-ed J�ne?igible for further govercawat pe -wits is accordance with V=Mcedlares �_sed in Eccaoiw Order No. 10925 of Marcs 6, 1961,. and athe= zaneziams may be imaosed and remea_es invoked as or - vided in the said Ek.outive Orae^ or by av e, regulation, or o f the F: sidea2's Camri.ttee-an Eaual Employment Opphr- cuniry, or as ocihaznwLsa _.rovdded by law. "(7) Ton Pa. -di-- •-vrlt include the Po= +�I0ns of bile Foregoing parearapbs (1) through (6) 1n every satcnai-zct r purchase order unl—s c_moted by noes, rsyaatinms, o orde_^s of the :'resident's Co®ittee nn 7m,ae y®loyment'Cpnao- tunity issued pursuant to section 303 of Ereautive Goes, No. 10925 of iterch 6, 1961, an thateu smvisias it i1 be binding usam each suacontraztar or vendor. The pe_-eittae u1 takes cath respect to any sabnnv-_d orpurchasse order as the e' rest Se_ -vice may disc: an z bases of erSoiCng soca orovisians, fncloding sanctions farmc-ca®lfanc .Pro- vided, however, that ab the event the permitee became In- volved i o- is bhreataned with, litigation with a sebcon- "tractor or vcador as a seat of shoo direatdan by the Forest sen/ace, the p ittae mal rehas; the United States to enter into shca citiga-tioml to. erotact the interests of the lilted states. 11 (Cautioned) ` EXHIBIT A 2710-lfsnlcipal Carp 6 Playground, City of Fresno, 5/29/56 Page Pour SPECIAL USI Pitt: AY=hIZUT Y0. 2 (Continued) 11. In the event of destruction by Eire, o other cause, destruction oc forty percent or core of the ins red value will be considered ample for the purpose of terminatingthis pemim. 12. The effect of avalanchea, rising actors, high winds, and falling living or treez are a natural phenomena in the FForest, and vhile they cancer be foreseen, present a risk Mics permitting ase She permittee bag the responsibility of inspecting his area and irmediata adjoining aria for dangerous trees, banging limbs and other evidence of hasardoug conditions ands curing permission from the local Fornix Officer to remove such hazards. 13. This Parrott is for land occupancy only and does not provide for the f rmishing of road maintenance, water, fire protection or any ocher such services. It is understood char this amendment shall not operate to alter nor 2mand said pewit 1n any other respect than is heroin specified and shall nor in anyany constitute a vaiver of any Part, `ro ision condition of said permit, and every such part, provision, o condition of said permit shall apply equally to this amendment. _ ro. Cut e DEC Title acting Forest Suoorvlsor This a endment to the Special Use perm[ issued December 26. 1856, is accepted subject to the conditions sec forty above. CITY 07 MENU Cote C.. EXHIBIT A nr:s... r.... QS .15 41AENOIAENT NO. 4 1. a:., e... (Mn FOR a. a:. �xu pit u•• SPECIAL USE PERMIT 5--'- --' Rd: FS:A271A a. C...., Nam' 1. CIA1AeN...nm }e"ea on=v unoc a PASS' .,.9601 1 �. e•. ,s na . I I}t9 ],E Organization Camv Comm Fresno ssu d to IS n or 1aa2e: f P[e.=IN. Tom :hieh is hereby amended as follows: the Perm it of feetive ,January ?, ]975: the following clause is added to 13. The permi k£ee shall have in force public "ability insurance coverdn Tho (11 property damage in th 2nd (2)�c-mxge to persons in the ainisum dollars ($ 25,000 ), - dollars is 100;000 ) amount Of one'RuncrD`I vs and in the event Or death or rn]uxY to one individual ane 0 e m:n+mm-a dollars (5300 000 1 amount of Three-San died-Thousand one zadi`w`dtax �Tne n the event Of each ar injury to more th abodily injury, ar death coverage shall extend to pr perty damage,. arising out of tlae vermittee's activities under the pe_rrit including ! rot '_iri ted to, the occupan i or use `_ the land and the constrvcticn, maintenance, and operation of the surance shall l also or equipment autheri red by this perm'.. Such insurance forslIecific e shall also narOvI me Chile ofxthe peted at States ttea's mntractuallyd aesunece oblj?ation to pe_: indemnify the united States.. The pee it tee shall fr et)uixits iaejs the insurance company to send en authenticated copy o Doli vY to the Forest Service immediately upon issuance of the polio The policy shall also contain a specir:c provision or rider to the effect that the polity will not be Dance or its notice ota Provisions the changed Or deL^ted be ore thirty.(3o) days vritFe esno, California Fora5,tuvervisor; '1130 -ON Street, Room.3211, 9372F;•tiy:7obaliosurance comvanv-.. It is. mde%tend . and .agreed that the coverage provi ded'vsidei this ons ts befo a tbirty (30) days ewrittenOr r notice vtoxthe ForsecSupervisor' 1130 "O" Street, Roam 3211, Fresno, California 9372:, from the insurance company. Permittee to send Coot' of polity and certificates of ins urxnce to Forest Supervisors' Office. gad to conditions Ia sAmendment is accepted ubIso In the eondil(ons set Farb huein�mmt attached hereto and made a pan or this/ rru /� ,. ls ala+ 'or Win)` rs /e .fi h PE RATTI ntr se c�TJ � '�..,_.::; `9J7: G Ct'lE( 2 e I I7.p` x _ ..__.._...r . may" na EIIHIBIT B FACILITIES AND EQUIPMENT CAMP FRESNO Facllises: 29 One badman cabins Very Good 22 Two bedroom cabins Very Good 1 Social Hell New 1 Managers House Very Good 1 Assistant Managers Very Good 1 Stell Cabin Good 1 Maintemmos Service Building Good 2 Storage Buildings Good 4 Restmoms Good 2 ShowerlResbcoms 8 Laundry (main S upper) win Good Water Heaters Equipment 187 Mattresses and bade Very Good 45 Wood burning ="a Good to Poor 51 Outdoor propene wodng stoves Good to Poor 3 Water pumps, wnNtugal We Good 1 New Wall Very Good 3 Ranges with ovens Very Goad 1 Refrigerated walk-In box Good 2 Refrigerators win freezers in staff cabins Good 3 Commenclal hot water heaters Very Good 1 Chlorine Regulator and injector Good 1 Turbidity Gauge Good 1 Sglbgallon steel water storage tank, Poor Abandoned behind office 1 15,000-gallon redwood water storage tank Poor 115,000.gallon steel water storage tank Goad I 7,00Ppallon storage tank, abandoned 1 500-gallon pressure tank Good CAMP FRESNO JR. Facilill 2 Forty-load Dormitories Good 3 Counselors cabins with 3 beds each Good 1 Large molten with CwWs quarters Very Good Including bedroom and restroom I Enclosed dining pavilion Very Good 2 restrooms with 10lolldsr8 showers, men's and women's Good With laundry room; no machines supplied 1 AmphNhemer win fire ring Good 2 Swing ease Good 1 Horsestae pit Good 2 Slorege shade near recreation hall Good 2 Basketball goals win heaps Good UHIBIT 8 continued— Facility and equipment Inventory Equipment 93 Mattresses and betls Good 1 Fwr-0oor commercial refngeraror Good! 1 Refrigerated! walk-in box Good 1 Comme cull stove wbh units Good 1 Serving table Goad 11 Dining Tables Good 1 Fres-standing woad buming fireplace Good! 1 2'a8' Brick SSG grill All Mchan utensils, pots and pans Good 1 Microwave oven Good 1 Freezer, stand-up Good been, Equipment Added Since 2008 59 queen-suad bell sets wdin legs (not frames) -2005 75 sets of metal bunk beds - 21T 40 sots of metal bunk beds- 215 5 new wooasrovea (4 insisted In 201, 1 In 201) 3 dressers B 5 ni9htstands for staff housing - 2008 25 new cook stoves Tables and chairs for rec hen -2009 Exhibit INSURANCE REQUIREMENTS FOR CONCESSION AGREEMENT between City of Fresno and D & K Seard Enterprise, Inc. CAMP FRESNO AND CAMP FRESNO JR. Minimum Scope of Insurance Coverage shall be at least as broad as: i. Tire most current version 0 Insurance Services Office(ISO) Commercial Cmne2l Liabildy Coverage Form CG 0001, whlcnshalllnclueeinsurancefor "bcddylnjury: "property damage'and 'personal and adverteing Injury' with coverage be premises and operations, preduces and compared operators, and contractual liabiuly. 2. The moat current version of Insurance Service Office (ISO) Bushels; Auto Coverage Form CA 00 01, which shall Include coverage for all awned, hired and nonbwned automobiles or other licensed vehicles (Cede 1 - Any Auto). 3 Workers Com"maton insurance as required by VmCafthromebor0ade and Employer's Liability Insurance Minimum Limits of breumnce CONCESSIONAIRE shall maintain limits of Reality of nM leen Man: 1. General Usally: $1,000.000 per occurrence for bodily injury and property damage $1 000,000 per occurrence for personal end advertising Injury $2.000,000 aggregate fpr products and completed boundary $2,000,000 general aggregate applying separately W the work performed under the Agreement 2. Automobile Liability'. $1,000,000 per accident for bodily Injury and property damage 3. Employers lability'. $1,000,000 each accident for bodily injury $1,000,000 disease saw employee $1000,000 disease policy limit Umbrella of Excess Insurance In the event CONCESSIONAIRE purchases an Umbrella or Excess spatial poRwaill to meet the 'Minimum Limits of Insurance; this insurance poluilh ss) shall "follow form' end afford no less coverage than the primary Insurance poticy(lis). Deductibles and SaNJnsureE Retentions CONCESSIONAIRE shall be responsible for payment of any deductibles centered in any insurance polices required hereunder and CONCESSIONAIRE shall able be responsible for payment of any setl+nsured rabilmona. Any deductibles or seg -insured retentions must be declared to, and approved by, the CITY'S Risk Manager or hielhardeaignee. Arms option of the CITY'S Risk Manager uhWinerdealgnee sense (0 the Insurarehall reduce or eliminate such deduafibles or self-insured mumtiooe as respects CITY, as alficars, officials, employees, agenda and authorized volunrere; or gi7 CONCESSIONAIRE shall provide a financial guarantee, satisfactory to CITYS Risk Manager or hislher designed, guaranteeing payment of loseas and refined investigations, claim admlNstre4on and defense expenses. At no time shall CITY be responsible lar the payment of any deductibles or send -insured retentions. Other Insurance Provolone The General Lability dale Liability m to contain, or be endorsed W contain. the foresaw prcvlsharm 1. CITY, IN officers , omdda, employee& agents and authori volunteers are to be covered as additional Insureds 2. The coverage shall barren no special limbations an the scope of protection Mored to CITY its oKcers, Offil employees, agents and authorbed volunteers. 3. CONCESSIONAIRE'S insurance coverage shall be primary and no contribution shall be required of CITY, The Workers' C tl f is W contain, or be endorsed to contain, the following provision: CONCESSIONAIRE and its insurer shall ware any nM of subrogation aga ret CITY its officers. officials, employees, agents and oumorbea volunteers. All Wales of insurance natural hereurder shall be endorsed W provide that Me coverage shall not be canceled. non-reneverd reduced In coverage or In IImIN oxcept after 3O calendarday written nice by cedfiled mail, rmm receipt requested, has been given to CITY. Upon issuance by the Insurer, broker, or agent of a notice of cancellation, non -renewal, or reducten in coverage or In limas, CONCESSIONAIRE shall former CITY with a new cerbrcate and applicable endorsements for such pollcygeal. In Maevertany policylsdue W expera dudrgmewok to be performed for CITY, CONCESSIONAIRE shell provide a new cartifcate, and applicable endorsements, svdentlng renewal of such pdky not less Nen 15 calendar days prior W tharepiration date of"expiring poiay. Acceptability of Insurers All polclea of insurance required hereunder shall be placed vnth an Insurance companvllee) admitted by Ne California Insurance Commissioner to do business in the Stare of California and rail not loss than -A-vO'M Best's Insurance Rating Guide; or authorized by CITYS Risk Manager. Vertical of Coverage CONCESSIONAIRE shall furnish CITY with all cartificial and applicable endoreements affecting coverage required hereunder. All central and applicable andofsemanb are to be mcel and approved byre CITY'S Rlek Managerorhismermaitnee priortoCITY'S execu ion ofthe Agreement and before was commences