Page 12 - placerita032012
P. 12

Placerita Canyon State Park                                        Operating Agreement



                   generally applicable to the California State Park system.  The Premises shall not
                   be used for any purpose other than those permitted by this Agreement.

                          County shall not use or permit the Premises to be used in whole or in part

                   during the term of this Agreement for any purpose other than as herein set forth
                   without the prior written consent of the State.


                   4.     CONSIDERATION

                          A.     In consideration of the services to be performed by County

                   pursuant to this Agreement, State hereby authorizes the use of the Premises by
                   County on a rent-free basis on the condition that County exert a good faith effort

                   in performing the terms and conditions of this Agreement in managing the
                   Premises and operating the nature center and natural area.  Upon the approval

                   or adoption of any future funding initiative that results in the elimination of
                   County’s ability to generate fee revenue through their operation of the Premises,

                   State hereby agrees to allocate to County for its operation, management,

                   planning, and development of Premises an equitable share of revenues based in
                   part on Annual Revenue and Expenditure Reports submitted to State during the

                   three-year period preceding the passage of such initiative, and by mutual
                   agreement between County and State.  In the event that County fails to perform

                   in good faith, or County and State are unable to reach agreement on a funding

                   allocation to County from any future funding initiative as described in this Section,
                   the Premises shall revert back to the State, at State's option, and State shall

                   have the right to pursue any other remedies available under this Agreement
                   and/or otherwise available by law.

                          B.     Any income to County derived from its control and operation of

                   Premises for services, benefits, or accommodation to the general public, or
                   otherwise, shall be used only for the maintenance, operation, administration,

                   improvement, or development of lands and/or facilities located within Placerita
                   Canyon State Park.  Any such portion of income as may exceed costs and

                   expenses described in this Section shall be remitted to the State in accordance
                   with Public Resources Code Section 5080.32(b).




                                                              3
   7   8   9   10   11   12   13   14   15   16   17