OWNER: / County of Sacramento (Econ Development)
APN: / 067-0030-050 & 067-0090-035
Project: / Mather Regional Park Bunker Area PTE
PERMIT-TO-ENTER
This Permit-to-Enter (hereinafter “Permit”) is dated for reference purposes as of ______and is made by and between COUNTY OF SACRAMENTO, a political subdivision of the State of California, (hereinafter referred to as “COUNTY”), and PERMITTEE, (hereinafter referred to as “Permittee”).
Recitals
A. On September 26, 1995, the COUNTY entered into a “Department of the Air Force Lease of Property on Mather Air Force Base, California” with the United States of America (hereinafter referred to as “USA”), numbered for reference purposes as BCA-OL-D-95-03, for the lease of real property known as Parcel G, which contains the Premises (defined in Paragraph 1 below).
B. COUNTY desires to grant a Permit on an approximate five (5) acre portion of Parcel G.
Agreement
The parties hereby agree as follows:
1. Premises - COUNTY grants Permittee and its authorized agents non-exclusive permission to enter onto the property identified as portions of APNs 067-0030-050 & 067-0090-035 located within the Mather Regional Park bunker area located at the former Mather Air Force Base, California, (hereinafter referred to as “Premises” or “Property”), and more particularly shown in Exhibit "A" attached hereto and incorporated by reference for the Purposes herein after described.
2. Purpose - The sole purpose of this Permit is to allow Permittee to enter upon and have ingress to and egress from portions of the Property for the purpose of wood storage, (hereinafter referred to as “Project”). Permittee’s use of the Premises shall be limited to the scope described in Exhibit "B", attached hereto and incorporated herein by this reference, and shall be in accordance with the following conditions:
§ If applicable, Permittee shall keep the gates locked during and after accessing or exiting the Premises.
§ Permittee shall provide fencing, temporary gates, and signage sufficient to address public safety and to prevent any project related increased opportunity for trespass onto the Premises.
§ Permittee shall at all times conduct its use of the Premises in such a manner that it shall not constitute a public or private nuisance.
§ No trash or other evidence of field visits will be left on the property.
§ All field staff will carry identification.
§ No firearms will be permitted.
§ Smoking is prohibited.
§ All machinery and vehicles will be equipped with spark arrestors.
§ All vehicles will stay on roads; no off-road vehicles will be permitted unless addressed and expressly allowed for in the written notice.
§ Vehicle speeds will be kept to ten (10) miles per hour on unpaved roads and if applicable, for any off-road activities, to minimize dust.
§ No pets will be permitted.
3. Term - This Permit shall commence when this document is fully executed by all parties. Permit shall terminate at 11:59 p.m. on February 15, 2014 or upon execution of a subsequent Permit between County and Permittee intended for Permittee’s use of the site as related to the Project, whichever occurs first (“Termination Date”). Permittee shall notify County of Permittee’s intention to renew the Permit within thirty (30) days of Termination Date. At County’s discretion and upon receipt of said notice, County will issue a new Permit for a subsequent 12 month term to Permittee at no charge. Permittee may request no more than two (2) subsequent renewals.
4. Permit Costs – The COUNTY will not charge a permit fee. In consideration of COUNTY executing this Permit, Permittee shall maintain the Premises as described in Paragraph 16 below.
5. Expenses – Permittee shall bear any and all costs and expenses associated with Permit and use by Permittee.
6. Termination – COUNTY may at any time and without cause terminate this Permit in whole or in part at any time during the term hereof by giving the Permittee notice in writing at least sixty (60) days prior to the date when any such termination shall become effective.
7. Surrender/Restoration – Permittee shall peaceably surrender possession of the Premises upon expiration or sooner termination of this Permit and restore the Premises as provided in Paragraph 2 of this Section, excepting reasonable wear, destruction by lightning or other natural causes, or fire not caused by the acts or omissions of Permittee, its officers, agents, employees, subcontractors, customers, invitees, or other persons doing business with Permittee, or on the Premises with the consent of Permittee.
Permittee shall restore the Premises to the condition it was in immediately prior to Permittee's entry onto the Premises for Permittee’s Project purposes, including any prior rights of entry or encroachment, and restore it to the reasonable satisfaction of COUNTY, in the sole discretion of COUNTY. Permittee shall submit to COUNTY photographic documentation of the Premises condition prior to entry under this Permit and of the Premises as restored by Permittee upon expiration or termination.
Upon expiration or termination of this Permit, Permittee shall promptly remove all personal property not owned by COUNTY. All injury or damage to COUNTY property, both real and personal, caused by such removal shall be repaired at Permittee’s sole cost and expense. Permittee shall remove such personal property within thirty (30) days of such expiration. Should Permittee fail to remove or dispose of such property in a manner satisfactory to COUNTY, COUNTY may, at its election, consider such property abandoned and may dispose of same at Permittee’s expense, or after sixty (60) days of such expiration or termination, and declare the personal property of Permittee to be COUNTY property.
8. Damage - Permittee shall be responsible for any personal injury or property damage caused by its acts or omissions.
No work performed by Permittee shall cause any unreasonable interference with the constant, continuous and uninterrupted use of the Premises by COUNTY, its officers, agents, contractors, lessees, licensees or others. Permittee shall undertake all activities hereunder so as to minimize any damage or destruction of the fences, pipelines, facilities, equipment, or other property or appurtenances of COUNTY, its lessees or licensees. Permittee agrees to reimburse COUNTY for any such damage or destruction, or upon mutual agreement to replace or restore said fences, pipelines, facilities, equipment, or other property to COUNTY’s satisfaction.
The provisions of this Paragraph shall survive the expiration or termination of this Permit.
9. Environmental Fines and Penalties – Notwithstanding the foregoing, Permittee shall assume responsibility for and payment of any fines or penalties levied on either the COUNTY or Permittee by any applicable local, state or federal authority (hereinafter Authority) for breaches by Permittee of the Authority’s environmental regulations. Permittee agrees to be solely liable for the payment of all fines and penalties resulting from Permittee’s breach of Authority’s environmental regulations, except and in proportion to the extent caused by the negligence or willful misconduct of COUNTY.
In addition, Permittee understands and acknowledges that, during the course of the activities allowed by the Permit, the environmental regulations implemented or imposed by the Authority on the COUNTY and Permittee may change and Permittee specifically agrees to comply with any future applicable environmental regulations implemented or imposed by the Authority on the COUNTY or Permittee.
The provisions of this Paragraph shall survive the expiration or termination of this Permit.
10. Indemnification - Permittee shall indemnify and hold harmless COUNTY, its Board of Supervisors, officers, directors, employees, agents, volunteers, successors and assigns from and against all claims, demands, actions, losses, liabilities, costs, injuries, and damages, including reasonable attorneys’ fees, and including injury to or death of persons, arising out of or arising from Permittee's use of the Premises hereunder, or the use of the Premises by Permittee's employees, agents, contractors, subcontractors, invitees, guests, and volunteers, except and in proportion to the extent caused by the negligence or willful misconduct of the COUNTY, its Board of Supervisors, officers, directors, employees, agents or volunteers.
11. Insurance – Without limiting Permittee’s indemnification, Permittee shall maintain in force at all times during the term of this Agreement and any extensions or modifications thereto, insurance as specified in Exhibit “C”. It is the responsibility of Permittee to notify its insurance advisor or insurance carrier(s) regarding coverage, limits, forms and other insurance requirements specified in Exhibit “C”.
Permittee shall provide COUNTY proof of insurance or self-insurance upon Permittee’s execution of this Permit.
12. Compliance with Laws – In the prosecution of the work covered by this Permit, Permittee shall comply with all applicable federal, state and local laws, regulations and enactments affecting the work. In addition, Permittee shall comply with all applicable local, state and federal occupational safety and health acts and regulations. If any failure by Permittee to comply with any such laws, regulations, and enactments, shall result in any fine, penalty, cost or charge being assessed, imposed or charged against COUNTY, Permittee shall reimburse and indemnify COUNTY for any such fine, penalty, cost or charge, including without limitation attorney’s fees, court costs and expenses (excepting environmental fines and penalties which shall be handled in accordance with Paragraph 8 above). Permittee further agrees in the event of any such action, upon notice thereof being provided by COUNTY, to defend such action free of cost, charge or expense to COUNTY. The provisions of this Paragraph shall survive the expiration or termination of this Permit.
13. Endangered Species – Permittee shall at all times and in all respects comply with all environmental laws and any amendments thereto affecting Permittee’s use of and operation on the Premises, including all federal, state and local laws, ordinances and regulations relating to endangered, threatened and other sensitive species. Without limiting the generality of the foregoing, reference is made to the provisions set forth in the California Endangered Species Act (California Fish and Game Code Section 2050, et seq.); the Federal Endangered Species Act (16 U.S.C. Sections 1531 – 1543); and the Federal Migratory Bird Treaty Act (16 U.S.C. Sections 703-712).
Permittee shall, at all times, engage in appropriate avoidance and minimization measures to prevent the unlawful take, possession or destruction of any protected species. This includes birds-of-prey, and the take, possession or destruction of the eggs and nests of any such bird. Furthermore, elderberry shrubs or trees are known to exist in the Premises vicinity. Elderberry shrubs are host plants for the Valley Elderberry Longhorn Beetle (VELB), listed as Threatened under the federal Endangered Species Act. Therefore, no elderberry shrub or tree shall be disturbed without an appropriate permit from the United States Fish and Wildlife Service.
14. Cultural Resources – Should any cultural resources, such as structural features, unusual amounts of bone or shell, artifacts, human remains, or architectural remains be encountered during any of Permittee’s activities, then work shall be immediately suspended and the Department of Environmental Review and Assessment (hereinafter “DERA”) shall be immediately notified at (916) 874-7914. At that time, DERA will coordinate any necessary investigation with the appropriate specialists as needed. Permittee shall be required to implement any mitigation deemed necessary for the protection of the cultural resources. In addition, pursuant to Section 5097.97 of the State Public Resources Code and Section 7050.5 of the State Health and Safety Code, in the event of the discovery of human remains, all work is to stop and the County Coroner shall be immediately notified. If the remains are determined to be Native American, guidelines of the Native American Heritage Commission shall be adhered to in the treatment and disposition of the remains.
15. Attorney’s Fees and Costs – Any party may bring a suit or proceeding to enforce or require performance of the terms of this Permit, and each party in that suit or proceeding shall be responsible for its own attorney’s fees and costs.
16. Maintenance – Permittee shall care for the Premises, including the approaches thereto and all appurtenances of the Premises, including but not limited to, all fences, gates, wells, ditches, roadways, and levees with its associated flood control features, and maintain them in the same condition as received at the commencement of the Project, normal wear and tear excepted. Permittee is responsible for weed abatement.
17. Notices - Any notice required to be given hereunder, or which either may wish to give, shall be in writing and shall be personally delivered or sent by certified mail or registered mail, postage paid, addressed as follows:
Or to such other place as either party may designate by written notice:
COUNTY / PERMITTEECounty of Sacramento
Economic Development Division
Attn: Director’s Office
700 H Street, Suite 6750
Sacramento, CA 95814
(916) 874-5220 phone
with a copy to:
County of Sacramento
Real Estate Division
Attn: Asset Management Section
3711 Branch Center Road
Sacramento, CA 95827
(916) 876-6200
18. Amendments – Modifications or amendments to the terms of this Permit shall be in writing and executed by both Parties.
19. Successors and Assigns – This Permit shall bind the successors and assigns of COUNTY and Permittee in the same manner as if they were expressly named. Waiver by either party of any default, breach or condition precedent shall not be construed as a waiver of any other default, breach or condition precedent or any other right hereunder.
20. Interpretation and Enforcement – Interpretation and enforcement of this Permit shall be governed by the laws of the State of California.
21. Entire Agreement – This Permit Agreement constituted the entire agreement between the parties hereto with respect to the subject matter hereof and supersedes all prior oral or written agreements and understandings between the parties relating to the subject matter hereof.
22. Construction. Headings at the beginning of each paragraph and subparagraph are solely for the convenience of the parties and are not a part of the Permit. Whenever required by the context of this Permit, the singular shall include the plural and the masculine shall include the feminine and vice versa. It is agreed and acknowledged by the parties hereto that the provisions of this Permit have been arrived at through negotiation, and that each of the parties has had a full and fair opportunity to revise the provisions of this Permit and to have such provisions reviewed by legal counsel. Therefore, the normal rule of construction that any ambiguities are to be resolved against the drafting party shall not apply in construing or interpreting this Permit. All exhibits referred to in this Permit are attached and incorporated by this reference.