HomeMy WebLinkAboutItem No.SA4CITY OF LAKE ELSINORE
REPORT TO CITY COUNCIL /REDEVELOPMENT AGENCY
TO: CHAIRMAN & BOARDMEMBERS
FROM: RON MOLENDYK, EXECUTIVE DIRECTOR
DATE: April 27, 1993
SUBJECT: Lake Transfer Agreement
Chairman Winkler has requested that this item be listed on the
agenda for ratification of the agreement in its final form.
PREPARED BY:
APPROVED FOP
AGENDA LIS
AGENDA ITEM NO. --�L_
AGREEMENT BETWEEN THE STATE OF CALIFORNIA AND THE
CITY OF LAKE ELSINORE FOR TRANSFER OF LAKE ELSINORE STATE
RECREATION AREA AND CONVEYANCE OF WATER RIGHTS
This agreement is entered into this day of
1993 between the State of California, by the Director
of General Services, the CITY OF LAKE ELSINORE, a municipal
corporation, and the COMMUNITY REDEVELOPMENT AGENCY OF LAKE
ELSINORE (both hereinafter referred to as "the City,"
(hereinafter referred to as "Agreement ") based upon the
following:
RECITALS
A. This agreement is intended to provide for the
transfer of the Lake Elsinore State Recreation Area, as
authorized by the Legislature pursuant to Chapter 57, Statutes of
1992, enacting Section 14670.67 of the Government Code.
B. The parties intend that the transfer of the
property known as the Lake Elsinore State Recreation Area
(hereinafter "the Lake ") to the City of Lake Elsinore be upon the
condition that the property shall be used for public park and
recreation purposes in perpetuity. Further, the parties intend
that, in the future, the State may transfer an easement for flood
and water storage, together with any water rights the State may
have in that property known as the Lake Elsinore State Recreation
Area, to the ELSINORE VALLEY MUNICIPAL WATER DISTRICT
(hereinafter referred to as "the District "), a municipal water
district formed pursuant to Section 71000, et seq., of the
California Water Code.
District has entered into an agreement with Eastern
Municipal Water District to purchase reclaimed water for
conveyance to Lake Elsinore and obtained financing from the
United States Bureau of Reclamation in the amount of $26 million
(hereinafter referred to as the "Federal Funds ") for the purpose
of developing levees, flood control facilities, and otherwise
maintaining the holding capacity of the Lake to receive water.
City and District have entered an agreement to Fill and Operate
Lake Elsinore on December 19, 1991.
NOW, THEREFORE IT IS AGREED:
1. Conveyance of Lake to City Not later than July 1,
1993, the State shall convey, and City shall accept, all of the
State's right, title and interest in that property known as Lake
1 AGENDA ITEM NO.
Elsinore State Recreation Area, including facilities,
appurtenances and fixtures thereon, to City, by deed
substantially in the form attached as Exhibit A.
2. State may reserve therefrom, for conveyance to
District, water rights and easements in the forms attached as
Exhibits B, C, & D, which are also Exhibits 1, 2, & 3 to Exhibit
A.
The parties acknowledge that the property to be
conveyed to City excludes all property acquired for the Lake
Management Project, held by the District and Santa Ana Watershed
Project Authority ("SAWPA ").
3. Conditions of Conveyances
A. Conveyances At No Cost. The conveyances of the
rights, title and interests of the State in the Lake Elsinore
State Recreation Area hereunder shall be at no cost to City.
B. Hazardous Materials. To the best of State's
knowledge, there is not present upon the Lake, or any portion
thereof, or on any contiguous or adjacent property, any toxic or
hazardous substances, materials or wastes, including, but not
limited to asbestos, installed or placed on said property by
State or State's predecessors in interest, except as follows: Two
ten thousand gallon gasoline tanks which may contain fuel were
installed at the location of State's marina in about the year
1969. The tanks were flooded and abandoned in place in about the
year 1970. A 225kVA Transformer in active service, not state
owned, containing 149 gallons of dielectric PCB solution is
located 200 feet south of park entrance building. Some asbestos
containing construction materials may have been used in State
constructed buildings; a list of suspect building sites from the
Office of State Architect Building Survey Report will be
furnished to City. State has been advised by hearsay in the
community that numerous septic systems on private land adjacent
to State's property may have malfunctioned during flood periods
and contributed hazardous substances to the Lake. State has no
knowledge of naturally occurring toxic or hazardous materials in
the Lake bottom sediments or in water runoff which reaches the
Lake. This warranty shall survive closing.
4. Assumption of Existing Contracts. State hereby
agrees to transfer to City, and City agrees to assume State's
existing concession agreement with Lake Elsinore Recreation Area,
Inc.("LERA," attached hereto as Exhibit E; provided that State
shall retain any and all responsibility for any pending
litigation at the time of transfer; and further provided that
State agrees to protect, defend and hold City harmless from any
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and all claims, demands or actions arising out of any act or
omission by State which occurred or is alleged to have occurred
prior to the date such assumption is effective. State warrants
that there are no other leases, agreements or contracts, written
or oral, between the State and any other person regarding the
Lake Elsinore Recreation Area which are not described herein.
5. No Limitation on City Authority. Nothing in this
agreement shall be construed as a limitation upon any other
authority of City to make and enforce any regulations, or
exercise any other powers it may have as a general law city.
6. Permits. City may request and obtain any federal,
state and local permits and licenses required for maintenance of
Lake water quality for fishing, body contact or other
recreational purposes.
7. Recreation Facilities, as referred to herein, mean
all facilities used for recreation purposes in connection with
the Lake, including, but not limited to, water slides, parks,
campgrounds, boat launching facilities, fishing, swimming,
hotels, motels, spas, (etc.). Any changes to or alteration in
park and recreational improvements on the Lake shall conform to
the Lake Elsinore State Recreation Area General Plan, as that
plan may be amended by the City of Lake Elsinore Lake Edge
Specific Plan, pursuant to Article 8 (commencing with Section
65450) of Chapter 3 of Division 1 of Title 7 of the Government
Code, as described in Government Code § 14670.67.
8. Assumption of Liability. Each of the parties
shall assume all liability connected with its own operations and
undertakings.
9. Survival of Representations, Warranties, and
Agreements. All statements contained in any documents or other
instrument delivered pursuant hereto by or on behalf of either
party shall be deemed to be representations and warranties made
pursuant to this Agreement by such party. All other
representations, warranties, and agreements made prior to this
Agreement shall terminate on the operative date of this agreement
and any investigation made by or on behalf of any party hereto.
If any provision of this Agreement is held by a court of
competent jurisdiction to be invalid, or is otherwise deemed by
law to be void or unenforceable, the remaining portions shall
nevertheless continue in full force and effect without being
impaired or invalidated in any way.
10. Indemnification.
A. By City. Subject to the provisions of
3
subsection "d" of this Section, the City shall jointly and
severally defend, indemnify and hold harmless District and State
against all losses, liabilities, costs, and expenses, including
actual attorneys' fees and court costs, resulting from any breach
of any warranty, representation, or agreement made herein or
pursuant to this Agreement by the City, as well as any acts or
omissions by its agents and /or employees in carrying out its
obligations pursuant to this agreement. Specifically, but not by
way of limitation, the City shall indemnify the State for all
claims arising out of the use of the recreation facilities,
except as may be specifically otherwise provided by agreement.
B. By State. Subject to the provisions of
subsection "d" of this Section, the State shall jointly and
severally indemnify and hold harmless City against all losses,
liabilities, costs, and expenses, including actual attorneys'
fees and court costs, resulting from any breach of any warranty,
representation, or agreement made herein or pursuant to this
Agreement by the State, as well as any acts or omissions by its
agents and /or employees in carrying out its obligations pursuant
to this agreement. Specifically, but not by way of limitation,
the State shall indemnify the City for all claims arising out of
the ownership or management of the Lake prior to the date the
State conveyed its rights in the Lake to City.
C. Complete Indemnity. Any indemnification
which is provided in this Agreement shall be a full
indemnification from any and all losses, costs, liabilities,
actions, suits, proceedings, unnecessary demands, claims,
penalties, interest, assessments, and judgments, and shall
include all of the legal fees and costs which are incurred by the
indemnified party with respect to the matter which gave rise to
indemnification.
D. Procedure. Notwithstanding the foregoing,
no party shall be required to indemnify any other party with
respect to any claim unless the party seeking indemnification
(the "Indemnitee ") shall, within ninety (90) days from the date
when the Indemnitee received knowledge of the facts supporting
such claim notify the party from whom indemnification is sought
(the "Indemnitor ") of such claim, shall provide the Indemnitor
with a copy of such claim or other documents received, and shall
otherwise make available to the Indemnitor all relevant
information which is material to the defense of such claim;
provided, however, that the Indemnitee's failure to give notice
or to provide copies of documents or to furnish relevant
information within the time specified shall not constitute a
defense (in whole or in part) to any claim by the Indemnitee
against the Indemnitor except and only to the extent that such
failure by the Indemnitee shall result in material prejudice to
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the Indemnitor. The Indemnitor shall have the right at its own
expense to defend against such claim, either in its own name or
in the name of the Indemnitee, as may be required, and the
Indemnitee shall have the right to participate in such defense.
The Indemnitee shall not settle or compromise the claim unless it
shall first obtain the written consent of the Indemnitor or
unless suit shall have been instituted against the Indemnitee and
the Indemnitor shall have failed, after the lapse of a reasonable
time after written notice to it of such suit, to take action to
defend the same.
11. State Payment to City and Provision of Patrol
Services. The State shall transfer the sum of $1.5 million to
City upon acceptance of the Lake by City from the proceeds of the
1976 bond fund appropriation by the State Legislature for Lake
Elsinore, to be expended in a manner consistent with the Lake
Elsinore State Recreation Area General Plan, as amended. In
addition, State agrees to provide 27 months of continued patrol
services with its forces, pursuant to a separate agreement
between City and State, to commence upon close of escrow,
substantially in the form of Exhibit F hereto.
12. No Adjudication of Water Rights. It is strictly
understood and agreed by the parties hereto that no water rights
in the Lake are intended to be resolved by this Agreement.
13. Enforcement of agreement. If any party should
violate any specific duty agreed to be undertaken herein, the
other party may seek relief through the injunctive process and /or
writ of mandate in a court of law to obtain performance or
prohibit violation of these terms.
14. Miscellaneous.
a. Exhibits. All Exhibits referred to in this
agreement are incorporated by reference and made a part hereof as
though fully set forth herein.
b. Successors and Assigns. This Agreement may
not be assigned by the City or the District without the written
consent of the other party. This Agreement shall be binding on
and shall inure to the benefit of the parties hereto and their
respective successors, heirs, executors, representatives and
permitted assigns.
C. Notices. Any notice or other communication
given to either party hereunder shall be deemed to be given on
the fifth business day after mailing by registered mail, postage
prepaid, return - receipt requested, or one business day after
5
telefaxed, telecopied or delivered by Federal Express, addressed
to the parties as follows:
To City: City of Lake Elsinore
130 South Main Street
Lake Elsinore, California 92530
Attn: Ron Molendyk, City Manager
To State: Department of Parks & Recreation
Post Office Box 924896
Sacramento, CA 94296 -0001
Attention: Director's Office
or to such other place or places as the parties shall designate
by written notice, according to the above procedure, to the
other.
d. Costs and Expenses. Each party hereto shall
bear all of its own costs (including accountants' and attorneys'
fees) in connection with the negotiation, preparation,
performance, and enforcement of this Agreement except as
otherwise provided herein.
e. Compliance with Law. The City and State
agree to comply with all applicable rules, regulations, and
requirements of agencies having regulatory jurisdiction over the
subject matter of this Agreement.
f. Further Assurances. The City and State agree
that after the execution of this Agreement, upon either party's
request, they will from time to time execute and deliver to each
other all such instruments and documents of further assurance as
shall be necessary to carry out the intent of this Agreement, and
both parties shall provide or otherwise make available to each
other all such documents, instruments, agreements and other
information as shall be reasonably necessary to carry out the
obligations hereunder and fully to consummate the transactions
contemplated herein.
g. Amendments and Waivers. This Agreement may
be amended only in writing signed by all of the parties hereto.
Any failure to comply with any obligation, covenant, agreement or
condition herein contained may be expressly waived in writing by
the party to be benefitted by such obligation, consent, agreement
or a condition and such waiver shall be effective only in the
specific instance and for the specific purpose for which made or
given.
h. No Third Party Beneficiary Rights. This
L•"
Agreement is not intended and shall not be construed to give any
person or entity other than the parties signatory hereto or their
respective successors, assigns, heirs, and legal representatives
any interest or rights (including without limitation any third
party beneficiary rights) with respect to or in connection with
any agreement or provision contained herein or contemplated
hereby.
i. Entire Agreement. This Agreement, including
the schedules, Exhibits and other documents referred to herein,
contains the entire understanding of the parties hereto in
respect of a subject matter contained herein. This Agreement
supersedes all prior agreements and understandings between the
parties with respect to such subject matter.
j. Counterparts. This Agreement may be executed
in two or more counterparts, each of which shall be deemed an
original, but all of which together shall constitute one and the
same document.
k. Governing Law. This Agreement shall be
construed in accordance with the law, of the State of California.
15. Escrow.
A. Deposit of Agreement. This agreement shall be
deposited with , escrow holder, by State,
within five days of its execution by the parties. Escrow holder
shall immediately notify the parties in writing of the date of
opening of escrow.
B. Close of Escrow. Escrow shall close not later
than July 1, 1993.
C. Close of Escrow Defined.
escrow" and "closing" shall mean the day
easements to be conveyed from State to C
filed for record by the escrow holder in
Riverside County Recorder.
The terms "close of
the grant deeds and
ity and District are
the office of the
D. Escrow Holder. Escrow holder is to be concerned
only with those paragraphs under this agreement where escrow
holder is given instructions to perform certain acts, or with
those paragraphs where escrow holder is generally and reasonably
expected to act. Except where inconsistent with this agreement,
the escrow holder is directed to use its standard form of escrow
instructions for this transaction.
E. State's Closing obligations on or before the date
scheduled for closing, State shall deposit into escrow (duly
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executed, as appropriate), for recordation:
(1) A quitclaim deed for the Lake, as described in this
agreement, in favor of the City of Lake Elsinore;
(2) An assignment of the LERA concession agreement, in
favor of the City of Lake Elsinore; and
(3) Such other documents, resolutions, consents and
affidavits reasonably necessary or advisable to effect the valid
consummation of the transaction evidenced by this agreement.
(4) The sum of $1.5 million, for delivery to City, together
with all closing costs.
(5) An executed copy of the agreement for patrol services.
F. City's Closing Obligations. On or before the date
scheduled for closing, City shall deposit into escrow (duly
executed, as appropriate), for recordation a certificate of
acceptance for the Lake and an executed copy of the agreement for
patrol services.
G. State shall pay all escrow fees.
IN WITNESS WHEREOF, the parties hereto have executed or
caused their duly authorized representatives to execute this
Agreement on the date first above written.
CITY:
TY OF LAKE ELSINORE
Gary ashburn, Mayor
James Winkler, Chairman
Redevelopment Agency
STATE OF CALIFORNIA
by Director of Parks & Recreation
0
by Director of General
Services
When Recorded Mail to:
STATE OF CALIFORNIA
QUITCLALM DEED
EXHIP'T
Pursuant to the provisions of Chapter 57, Statutes of 1992, the STATE OF
CALIFORNIA, through its duly appointed, qualified and acting Director of General
Services with the approval of the Director of Parks and Recreation and the State
Public Works Board, hereby quitclaims to the City of Lake Elsinore, a municipal
corporation, all its right, title and interest in and to the following described real
property in the County of Riverside, State of California:
(DESCRIPTION)
SPECIFICALLY INCLUDING an exclusive easement to
utilize the surface of the water and to withdraw water in the
lake for recreation and aesthetic purposes, provided
however, that City, its successors or assigns replace water
so utilized so as not to deplete significantly the water in the
lake.
EXCEPTING AND RESERVING therefrom Water Rights
as described in Exhibit 1 attached hereto and incorporated
herein by this reference; an Easement for Flood and water
Storage and Related Appurtenances for Water Management
as described in Exhibit 2 attached hereto and incorporated
herein by this reference, and an easement for use and
operation, access, repair and maintenance of Island Wells
and related appurtenances as described in Exhibit 3 attached
hereto an incorporated herein by this reference.
FURTHER EXCEPTING AND RESERVING to the State of
California all mineral deposits as defined in Section
6407 of the Public Resources Code below a depth of 500
feet, without surface rights of entry.
This deed is made subject to the express condition that the real property herein
conveyed shall be used, maintained and improved by the city for public park and
recreation purposes in perpetuity and that park and recreation improvements conform
to the Lake Elsinore State Recreation Area General Plan adopted pursuant to Section
5002.2 of the Public Resources Code (as may be amended pursuant to Government
Code Section 65450 et sequitur). Upon any breach of these conditions, the state shall
have a power of termination of the city's interest in the real property conveyed
hereunder pursuant to Civil Code Section 885.010 et sequitur.
IN WITNESS WHEREOF, the State has caused this Quitclaim Deed to be executed
this day of , 1993.
STATE OF CALIFORNIA
DEPARTMENT OF GENERAL SERVICES
JOHN LOCKWOOD, DIRECTOR
APPROVED:
Department of Parks and Recreation
Donald W. Murphy, Director
By: f �, i �,
GV WAGMTi%4S. I
RECORDING REQUESTED BY:
Elsinore Valley Municipal Water District
AND WHEN RECORDED MAIL TO:
Elsinore Valley Municipal Water District
P. O. Box 3000
31315 Chaney Street
Lake Elsinore, California 92531 -3000
No recording fee required; this document is exempt from fee pursuant to
Government Code Section 6103
QUITCLAIM DEED
FOR
WATER RIGHTS
FOR VALUABLE CONSIDERATION, the receipt of which is hereby
acknowledged,
THE STATE OF CALIFORNIA, acting by and through the Director of
General Services (hereinafter, "Grantor ")
hereby releases and forever QUITCLAIMS TO
THE ELSINORE VALLEY MUNICIPAL WATER DISTRICT, a
municipal water district formed pursuant to section 71000 et sea, of the
California Water Code, its successors and assigns (hereinafter "Grantee ")
all rights, title, interest, claim, and demand, both in law and equity, of
Grantor to all water rights, whether surface or subsurface waters, or any
other kind, including without limitation contractural, appropriative,
prescriptive and appurtenant water rights, and all water rights in any way
incident to the real property herein described, or used thereon or in
connection therewith, in the said real property located generally in the
County or Riverside, State of California, described as follows:
(DESCRIPTION)
(EXHIBIT A)
This deed is made subject to the express condition that the real property and
rights herein conveyed shall be used in a manner consistent with the use
maintenance and improvement of the said real property for park and
recreation purposes as described in the deed attached hereto as Exhibit B
and incorporated herein by this reference. Upon any material breach of this
condition by District, its successors or assigns, the State shall have a power
of termination of the District's interest in the real property conveyed
hereunder pursuant to Civil Code Section 885.010 et sequitur.
IN WITNESS WHEREOF,
executed this----day of
APPROVED:
The State has caused this Quitclaim Deed to be
.1993.
STATE OF CALIFORNIA
DEPARTMENT OF GENERAL
SERVICES
JOHN LOCKWOOD, DIRECTOR
RA
DEPARTMENT OF PARKS & RECREATION
Donald W. Murphy, Director
By:
RECORDING REQUESTED BY:
Elsinore Valley Municipal Water District
AND WHEN RECORDED MAIL TO:
Elsinore Valley Municipal Water District
P.O. Box 3000
31315 Chaney Street
Lake Elsinore, California 92531 -3000
No recording fee required; tiffs document is exempt from fee pursuant to
Government Code Section 6103
EASEMENT DEED
FOR
FLOOD AND WATER STORAGE AND RELATED APPURTENANCES
FOR WATER MANAGEMENT
FOR VALUABLE CONSIDERATION, the receipt of which is hereby
acknowledged,
THE STATE OF CALIFORNIA, acting by and through the Director of
General Services (hereinafter, "Grantor ")
Does hereby grant and convey to
THE ELSINORE VALLEY MUNICIPAL WATER DISTRICT, a
municipal water district formed pursuant to section 71000 et sea. of the
California Water Code, its successors and assigns (hereinafter "Grantee ")
an exclusive, permanent and perpetual easement to use the property known
as the Lake Elsinore State Recreation Area (hereinafter referred to as "the
Lake ", and more particularly described in Exhibit A attached hereto and
incorporated herein by this reference) as a water storage facility to receive,
use, store withdraw and sell any and all waters above water level elevation
1240 feet above sea level, together with the right to forever maintain, operate
improve, alter, relocate, reconstruct, inspect, repair, occupy and use, and
otherwise install necessary appurtenances thereto, as determined necessary
by the District.
This deed is made subject to the express condition that the real property and
rights herein conveyed shall be used in a manner conisitent with the use,
maintenance and improvement of the said real property for park and
recreation purposes as described in the deed attached hereto as Exhibit B
and incorporated herein by this reference. Upon any material breach of this
condition by District, its successors or assigns, the State shall have a power
of termination of the District's interest in the real property conveyed
hereunder pursuant to Civil Code Section 885.010 et sequitur.
IN WITNESS WHEREOF, The State has caused this deed to be executed this
day of 11993.
STATE OF CALIFORNIA
DEPARTMENT OF GENERAL SERVICES
JOHN LOCKWOOD, DIRECTOR
M
APPROVED:
Department of Parks & Recreation
Donald W. Murphy, Director
By:
RECORDING REQUESTED BY:
Elsinore Valley Municipal Water District
AND WHEN RECORDED MAIL TO:
Elsinore Valley Municipal Water District
P. 0. Box 3000
31315 Chaney Street
Lake Elsinore, California 92531 -3000
No recording fee required; this document is exempt from fee pursuent to
Government Code Section 6103
EASEMENT DEED
FOR
ISLAND WELLS AND RELATED APPURTENANCES
AND ACCESS FOR REPAIR AND MAINTENANCE
THE STATE OF CALIFORNIA, acting by and through its Director of
General Services (hereinafter "Grantor ")
does hereby grant and convey to
ELSINORE VALLEY MUNICIPAL WATER DISTRICT, a municipal
water district formed pursuant to section 71000 et sea. of the
California Water Code, its successors and assigns (hereinafter referred
to as "the District ")
an exclusive, permanent and perpetual easement for the following purposes:
1. The sole and exclusive right to use and operate wells
(hereinafter "the Island Wells ") located in the Island located at the south end
of the Lake Elsinore State Recreation Area (hereinafter "the Lake ") (more
particularly described in attached Exhibit "Al, with additional right to enter
onto the Lake and the Island to construct, inspect, repair, improve, and
maintain the Island wells and the pipes leading from the Island wells
whenever such construction, repair and maintenance is necessary.
2. The sole and exclusive right to own water pumped from
the Island wells, including water beneath the Lake.
3. The sole and exclusive right to install additional wells
within the Island as needed by the District to access water beneath the Lake.
4. The sole and exclusive rights of access to the Island wells
and to the use of land around the Island wells for operation and maintenance
thereof including the causeway and isthmus, together with easements for
pipes and utilities to the sites, as may be necessary for the operation of the
wells (more particularly described in the attached Exhibit "B "), whether or
not the Island is submerged beneath the water of the Lake.
5. The sole and exclusive right to forever construct,
maintain, operate, improve, alter, relocate, replace, reconstruct, inspect,
repair, occupy and use, and otherwise install necessary appurtenances
thereto, for the construction, operation and maintenance of the Island Wells
and any future additional wells that may be installed by District within the
Island to access water beneath the Lake.
This deed is made subject to the express condition that the real property and
rights herein conveyed shall be used in a manner consistent with the use,
maintenance, and improvement of the said real property for park and
recreation purposes as described in the deed attached hereto as Exhibit C
and incorporated herein by this reference. Upon any material breach of this
condition by District, its successors or assigns, the State shall have a power
of termination of the District's interest in the real property conveyed
hereunder pursuant to Civil Code Section 885.010 et sequitur.
IN WITNESS WHEREOF, The State has caused this Easement Deed to be
executed this day of 1993.
STATE OF CALIFORNIA
DEPARTMENT OF GENERAL
SERVICES
JOHN LOCKWOOD, DIRECTOR
in
APPROVED:
Department of Parks and Recreation
Donald W. Murphy, Director
By:
IAKE ELSINORE STATE RECREATION AREA
This agreement is entered between the City of Lake Elsinore,
hereinafter referred to as "City ", and the California Departmen t of Parks
and Recreation, hereinafter referred to as "Parks ". It shall be deemed
entered on and shall be effective from the date approved by the California
State Director of General Services.
RECITALS;
1. City and Parks desire to enter into an agreement for the
development of certain real property at Lake Elsinore State
Recreation Area, hereinafter described in the attached Exhibit
"A "_
2. It is to the mutual benefit of the City and Parks that the City
improve and develop Recreational Facilities pursuant to the Lake
Elsinore State Recreation Area General plan dated October 12,
3. City and parks have entered an agreement for transfer of Lake
Elsinore State Recreation Area to City pursuant to Chapter 57,
Statutes of 1992. Said agreement contemplates the performance of
development at Lake Elsinore State Recreation Area pursuant to
this agreement.
4. City and Parks are authorized by California Government Code
Section 6500 and following to jointly exercise the powers to
provide funding for the development of recreational facilities at
Lake Elsinore State Recreation Area.
A G R E E M E N T
1. City and parks will jointly exercise their Powers to develop and
improve recreational facilities at Lake Elsinore State Recreation
li' --
2. City agrees:
a. To use the money deposited by Parks solely for the
development and improvement of facilities used for
recreation purposes in connection with the Lake, included,
but not limited to, water slides, Parks, campgrounds, boat
launching facilities, fishing, swim¢ning, hotels, motels,
spas, (etc.) .
b. Any changes to or alteration in park and recreational
improvements on the Lake shall conform to the Iake Elsinore
State Recreational Area General Plan dated October 12, 1984.
C. City agrees to use said funds only for the purposes of this
agreement, and to account for said funds in accordance with
Government Code Section 6505. All records of both Parks and
City shall be subject to examination and audit by the
Auditor General for a period of three years after completion
of this agreement, pursuant to Government Code Section
10532.
d. City shall furnish all additional funds necessary for any
development. parks obligation for development funds is
limited to the amount deposited under paragraph 3.a.
e. Indemnification of each party by the other under Government
Code Section 895.4 for the purposes of this agreement shall
be in accordance with the terms of the agreement for
transfer of Lake Elsinore State Recreation Area to the City.
f. All property acquired as a result of performance of this
agreement shall be and shall remain property of the City.
g. City shall perform the development contemplated under
paragraph 2.a. within ten years of the date of execution of
this agreement. All surplus funds remaining after the
completion of development shall be returned to Parks,
pursuant to Government Code Section 6512, unless this
agreement is terminated prior to that date, in which case
the gnexpended, uncommitted remaining funds will be returned
to parks within sixty days of such termination.
h. This agreement will terminate four years after performance
of the development conterplated hereunder, unless the Lake
Elsinore State Recreation Area is returned to ownership of
Parks through exercise of the State's power of termination
in the deed transferring the Area to City, in which case the
agreement will terminate on the date of exercise of the
power of termination. The agreement will terminate in any
event thirteen years after the date of its execution.
3. Parks agrees:
a. To deposit into escrow on or before July 1, 1993 the stun of
$1,500,000 for delivery to City.
STATE OF CALTFOR17IA CITY OF LAKE ELSINORE
Department of Parks and Recreation
B1
Director
u �• • � �a • a a• • a- _ �x
Date
By
Mayor
By
City Clerk
Approved as to Form
City Attorney
I/-----------
1 LAKE OPERATIONS ATTACHMENT
2
3 THIS AGREEMENT entered into this
day of
4 1993, between the State of California, Department of Parks
5 and Recreation (hereinafter referred to as the "State), and
6 the City of Lake Elsinore, a municipal corporation
7 (hereinafter referred to as the "City ") (hereinafter referred
8 to as the "Agreement ") based upon the following:
9
10 RECITALS
11
12 A. City is a municipal corporation of the State of
13 California within the County of Riverside, and has entered
14 into an agreement to provide for the transfer of the Lake
15 Elsinore State Recreation Area from State to City (the
16 "Transfer Agreement ").
17 B. The Transfer Agreement also delegates all of the
18 State's rights and duties in the Lake Elsinore State
19 Recreation Area ( "Recreation Area ") to safeguard the public
20 trust and to exercise the other powers of the State, to
21 promote, preserve, and protect public uses of the Lake, and
22 to maintain health - giving recreational opportunities on Lake
23 Elsinore and the Recreation Area.
24 C. In order to facilitate the transfer and assumption
25 of the State's rights and duties in the Recreation Area by
26 the City, and in consideration for the transfer, City desires
27 to obtain, and the State desires to provide, general lake
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LIFT[ 13 ,REVO0.7
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I patrol services for the Recreation Areas as defined herein.
2 D. Chapter 57 of the Statutes of 1992, enacting section
3 14670.67 of the Government Code, authorizes the transfer of
4 the Recreation Area from the State to the City. Section
5 5080.30 of the California Public Resources Code authorizes
6 the State and the City to contract for performance of lake
7 patrol services for the Recreation Area.
8
9 NOW THEREFORE, State and City agree as follows:
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11 SECTION 1. SCOPE OF SERVICE
12
13 (a) State shall provide general Lake Patrol Services in
14 Recreation Area, more particularly described in Section 2.
15 Levels of Service provided by the State are incorporated
16 herein by reference, for the period from the date of
17 execution of this agreement through September 30, 1995.
18 (b) "Patrol Services" includes the following:
19 (1) Enforcement of the rules and regulations of
20 the state, the provisions of Chapter 5 (commencing
21 with Section 650) of Division 3 of the Harbors and
22 Navigation Code, the rules and regulations of the
23 Department of Boating and Waterways, and the
24 provisions of Chapter 2 (commencing with Section
25 9850) of Division 3.5 of the Vehicle Code, and to
26 arrest persons for the commission of public
27 offenses within the Recreation Area.
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1 (2) Enforcement of pertinent regulatory ordinances
2 as adopted by the City Council of City-
3 (3) Investigation of violations of items (1) and
4 (2) , cooperation with local law enforcement
5 agencies in the prosecution of such violations.
6 Persons violating items (1) and (2) above shall be
7 remanded to the custody of City law enforcement
8 authorities following initial apprehension and
9 arrest by State.
10 (4) Responding to any calls for emergency accident
11 assistance and providing immediate on scene
12 assistance. City shall assist State in responding
13 to any emergencyin the Recreation Area upon verbal
14 request by State.
15 (5) Investigation of accidents occurring in the
16 Recreation Area. State shall forward written
17 accident reports to City following its
18 investigation, and shall cooperate in the defense
19 of subsequent lawsuits, if any.
20 (6) State shall promptly notify City of any
21 dangerous conditions existing on the Recreation
22 Area which could foreseeably result in imposition
23 of liability on the City pursuant to Government
24 Code section 830 et.seq.
25 (c) State shall turn over all records relating to Lake
26 Patrol Services to the City at the termination of this
27 Agreement.
(3)
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1 (d) From time to time, State may provide specialized
2 services not specified herein, or increase the level of
3 existing Patrol Services. The nature, scope, and cost of
4 such specialized services and /or increased level of services
5 shall be mutually defined in writing pursuant to Section 9
6 below and made a part of this Agreement upon approval of City
7 and State.
g (e) Upon transfer City shall provide adequate
9 facilities necessary to effect the purposes of this
10 Agreement.
11 (f) State personnel and property shall while actually
12 performing Lake Patrol Services shall display the DPR
13 insignia. Upon transfer to the City, the City shall insure
14 that all markings and insignias are that of the City.
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16 SECTION 2. LEVELS OF SERVICE PROVIDED BY STATE
17
lg It is the intent of the State and City that there be an
19 orderly transition of lake patrol and management functions.
20 Therefore, it is agreed that:
21 (a) During the period July 1, 1993 through June 30,
22 1994, State shall continue to provide the same level of lake
23 patrol and management services provided at the
rf•Fr
24 Recreatio uring the 1992 -93 fiscal year, except that City
25 shall administer the concession agreement assigned by State
26 under the Transfer Agreement.
27 (b) During the period July 1, 1994 through December 31,
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1 1994, State shall provide the same level of lake patrol
2 services as provided during the prior fiscal year, except
3 that, in addition to administration of the concession
4 agreement, City shall assume responsibility for management of
5 those portions of the Recreation Area located on dry land.
6 (c) During the period January 1, 1995 through September
7 30, 1995, State shall provide and coordinate lake patrol
8 services jointly with the City, and shall assist the City in
9 the training of city peace officers assigned to lake patrol
10 duty_ During this transition and training period, State
11 shall provide not less than half of the staffing assigned to
12 the lake operation of the Recreation Area during the 1992 -93
13 fiscal year_
14 (d) Commencing October 1, 1995, City shall assume
15 primary responsibility for lake patrols. State shall make
16 staff available for consultation purposes until June 30,
17 1997.
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19 SECTION 3. TRANSFER OF SURPLUS STATE EQUIPMENT
20
21 (a) Through December 31, 1994 there will be no transfer
22 of equipment
23 Commencing January 1, 1995 the State will transfer
24 to the city one patrol boat and one pontoon barge with
25 trailers.
26 Commencing October 1, 1995 the State will transfer
27 to the City one patrol boat with trailer.
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STATC Oi CALIFORNIA
STS. 113 IREV. S 131
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2 SECTION 4.
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4 (a) The State designates Lake Elsinore Park
5 Superintendent or his or her designated representative to
6 represent the State in all matters pertaining to the
7 administration of this Agreement.
8 (b) The City designates its City Manager to represent
9 City in all matters pertaining to this agreement on behalf of
10 the City.
11 (c) State or its designated representatives shall be
12 available to confer with the City Manager of City and
13 wherever feasible, practical, and not in conflict with
14 mandated duties and responsibilities, shall provide the
15 services agreed upon herein in accordance with the intent of
16 the City. Both City and State will provide the full
17 coopertion and assistance of its officers, agents, and
18 employees to each other in the performance of this Agreement.
19 (d) Any notice or notices provided for by this
20 agreement or by law to be given or served upon the State or
21 City may be given or served by letter deposited in the
22 UnitedStates mail, first class, postage prepaid certified
23 mail with return receipt requested, and addressed to:
24 State: Los Lagos District
25 Elsinore /Chino Hills Sector
26 17801 Lake Perris Drive
27 Perris, California 92571
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STATE OF GLIFORRIA
$TD. I I3 INEV. 0121
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17 SECTION 6. COLLECTION OF FINES AND FORFEITURES
18
19 The distribution of fines and forfeitures under Section
20 1463 of the Penal Code and any other provision of law shall
21 be made as though the State personnel performing under this
22 Agreement were "City Officers ".
23
24 SECTION 7. FORFEITED PROPERTY AND ASSETS
25
26 Any property retrieved on or about the Recreation Area
27 by State personnel in contracted Patrol Services, such as
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STI . 1113 3
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City: City of Lake Elsinore
1
130 South Main Street
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Lake Elsinore, CA 92530
3
Attn: Ron Molendyk, City Manager
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SECTION 5. CONTRACT COSTS
7
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(a) State shall provide all labor, supplies,
services,
9
and materials required for its performance of the
foregoing
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Lake Patrol Services; except that the City shall,
at its own
11
expense, supply any special stationery, supplies,
notices, or
12
forms which are to be issued in the name of City.
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(b) It is the intent of the State to commit
to provide
14
the level of funding necessary to provide the levels of
15
service described in Section 2, above.
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17 SECTION 6. COLLECTION OF FINES AND FORFEITURES
18
19 The distribution of fines and forfeitures under Section
20 1463 of the Penal Code and any other provision of law shall
21 be made as though the State personnel performing under this
22 Agreement were "City Officers ".
23
24 SECTION 7. FORFEITED PROPERTY AND ASSETS
25
26 Any property retrieved on or about the Recreation Area
27 by State personnel in contracted Patrol Services, such as
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unclaimed stolen goods, shall be promptly turned over to the
City Manager to retain for City purposes. If a retrieval or
forfeiture of property requires processing through a federal
agency or the Riverside County District Attorney, State may
retain a 10% share of the net forfeited assets to cover the
administrative costs of processing the property; the
remaining 90% of the net forfeited assets shall be
distributed to City.
SECTION 8. AUDIT AND INSPECTION OF RECORDS
(a) The State agrees that records generated under this
contract shall be made available to the City to audit and
examine. The City agrees that any such audit will be
arranged by contracting the State Park Superintendent or
his /her designated representative at least ten (10) working
days prior to the commencement of the audit and shall be
conducted at any time during normal working hours.
(b) City, through its City Manager, shall have
access to reports and other documents pertaining to this
agreement. State shall transmit monthly statistical reports
on crime occurrence, traffic incidence, and other called for
services within the City to the City Manager, upon request.
SECTION 9. INDEMNIFICATION
(a) RRe.F bill For . All personnel
(i)1
1 provided by State in the performance of services and
2 functions under this Agreement shall remain State officers
3 and employees, but shall be deemed to be officers and
4 employees of the City for the sole purpose of distributing
5 fines and forfeitures pursuant to Penal Code 1463. The City
6 shall have no liability for any direct payment of salaries,
7 wages or other compensation to any State officers and
8 employees engaged in such performance. The City shall not be
9 liable for compensation or indemnity to any State employee
10 for expenses or damages incurred from injury or sickness
11 arising out of performance of any duties under this
12 Agreement.
13 (b) State DutiQQ. State shall assume the defense of,
14 indemnify and hold harmless City from and against all
15 actions, claims, losses, liabilities, costs and expenses,
16 including actual attorneys" fees and court costs, resulting
17 from any breach of any warranty, representation,
18 or agreement made herein or pursuant to this Agreement by
19 State, as well as for any acts or omissions by its agents,
20 officers or employees arising out of or resulting from the
21 performance of this Agreement by such State officers and
22 employees.
23 (c) city Dutiez. City shall assume the defense of,
24 indemnify and hold State harmless from and against all
25 actions, claims, losses, liabilities, costs and expenses,
26 including attorneys" fees and court costs, resulting from any
27 breach of any warranty, representation, or agreement made
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STD, LIFOR
1113 3 1 REV. G.721
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I herein or pursuant to this Agreement by City, as well as for
2 any acts or omissions by City agents, officers or employees
3 arising out of our resulting from the performance of this
4 agreement by such City officers and employees.
(d) ' d ' ` r -° D naerous onditions. If
5 u �
6 liability should arise pursuant to Government Code sections
7 830 et seq. by reason of a dangerous condition of City
8 property, City shall assume the defense of, indemnify and
9 hold harmless State from all loss, cost of expense, including
10 reasonable attorneys" fees, arising out of the dangerous
11 condition(s) of property of City. The duty of City to
18 defend, indemnify, and hold harmless the State in respect to
13 any dangerous condition of City prperty shall apply
14 regardless of State's knowledge of or duty to warn City of
15 such condition under Section 1(b)(8) above, an4egardless of
16 any special relationship between City and State in regard to
17 such dangerous conditions of City property.
18 (e) Particivation in Suit Defense. Any party may at
19 its own cost participate in the defense of any suit, or in
20 the prosectuion of any appeal affecting matters herein
21 involved where the duty of defense of prosecution is imposed
22 on the other party, and where the other party has
23 consented thereto. (f) State shall assure the status of its
24 personnel as accredited law enforcement and peace officers
25 and, should that status be reduced, agrees to meet and confer
26 with City about any impact, actual or
27 potential, related to any provision of this agreement.
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STAT[ OI CAUFOnxq
STD. 113 �FEV. BT21
M 31169
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2 SECTION 10. AMENDMENTS /MODIFICATIONS; COMPLETE
3 AGREEMENT
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5 (a) Either party may propose amendments or
6 modifications to this agreement. Such changes, including
7 any increase or decrease in the level of service which is
8 mutually agreed upon by and between State and City, shall
9 be effective when incorporated in written amendments to
10 this agreement and approved by both State and City.
11 (b) This contract„ including any schedules, Exhibits
12 and other document incorporated by reference
13 herein,contains the entire understanding of the parties
14 hereto with respect to the subject matter contained
15 herein, and represents the complete and final expression
16 of the agreement reached between State and City on the
17 matters expressed herein. This Agreement supersedes any
18 prior written or oral discussions, negotiatins or
19 agreements.
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21 SECTION 11. TERM OF AGREEMENT
22
23 (a) This agreement shall be in effect from the date
24 of approval by the State conveying the Recreation Area
25 from the State to the City through June 30, 1997.
26
27 SECTION 12. MISCELLANEOUS
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STATE OP CALIF ONN'A
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1 (a) Severability. If any provision of this
2 Agreement is deemed bylaw to be void or unenforceable, the
3 remaining portions shall nevertheless continue in full
4 force and effect without being impaired or invalidated in
5 any way.
6 (b) Succes5or5 and Asslens. This Agreement may not
7 be assigned by the City or State without the written
g consent of the other party. This Agreement shall be
g binding on and shall inure to the benefit of the parties
10 hereto and their respective successors, heirs, executors,
11 representatives and permitted assigns.
12 (c) Cost and Expenses. Each party hereto shall
13 bearall of its own costs (including attorneys' fees) in
14 connection with the negotiation, preparation, performance,
15 and enforcement of this Agreement except as otherwise
16 provided herein.
17 (d) Further A5aurances. City and State agree that
18 after the execution of this Agreement, upon either party's
19 request, they will from time to time execute and deliver
20 to each other all such instruments and documents of
21 further assurance as shall be necessary to carryout the
22 intent of this Agreement, and both parties shall provide
23 or otherwise make available to each other all such
24 documents, instruments, agreements and other information
25 as shall be reasonable necessary to carry out the
26 obligations hereunder and fully to consummate the
27 transactions consummate the transactions contemplated
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ST 13 UL V Onry V.
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1 herein.
2 (e) No Third party Reneficjary Riahte. This
3 Agreement is not intended to and shall not be construed to
4 give any person or entity other than the parties signatory
5 hereto or their respective successors, assigns, heirs and
6 legal representatives any interest or rights (including
7 without limitation any thirty party beneficiary rights)
8 with respect to or in connection with any agreement or
9 provision contained herein or contemplated hereby. (f)
10 Counterparts. This Agreement may be executed in
11 two or more counterparts, each of which shall be deemed an
12 original, but all of which together constitute one and the
13 same document.
14 (g) GoyQ rninp Law. This Agreement shall be
15 construed in accordance with the law of the State of
16 California existing at the time of execution of this
17 Agreement.
PUP
19 IN WITNESS WHEREOF, the City, by resolution duly
20 adopted by its City Council, has approved the execution of
21 this contract by its Mayor, and the State, by order of
22 its has ratified the
23 execution of this Agreement by this
24 day of March, 1993.
25
26 /
27 /
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STATE OF CALIFOENIA
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$TD. 113 �nEV. nr
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Dated: 1993
Dated: 1993
STATE OF CALIFORNIA
CITY OF LAKE ELSINORE
m
(14)
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2 APPENDIX A 11
3
4 The City agrees to take over all responsibilities and
5 associated costs thereof for the following properties;
6
On July 1, 1993
7
Riverside Ave. Campground Area
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On July 1, 1994
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Elm Grove Day Use Area
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Ramada Day Use Area
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Temescal Wash
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14 acre parcel
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North 3 acres
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15 Commencing October 1, 1995
16 Lake
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STD or auwsov
Si o. 113 inEV. B-7 �]2�
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