New Melones Lake Concession Prospectus Interim Concession Contract Glory Hole Concession Area Interim Concession Contract Glory Hole Concession Area New Melones Lake Part 7.20 – Interim Concessions Contract. Interim Concession Contract 1 New Melones Lake Concession Prospectus Interim Concession Contract Identification of The Parties Identification of The Parties This Interim Concession Contract is made and entered into by and between the United States of America, acting, through the Area Manager, Central California Area Office of the Mid Pacific Region, Bureau of Reclamation (as delegated), hereinafter referred to as “Reclamation” and Shasta Lake Resorts (SLR), a California limited partnership, hereinafter referred to as the “Concession Contractor”; together, Reclamation and the Concession Contractor to be referred to as “the Parties”. Witnesseth: Whereas, the United States has withdrawn and acquired certain lands for the New Melones Unit; Central Valley Project (New Melones Project), on the Stanislaus River, California, and Reclamation is operating the New Melones Project including said lands; and Whereas,, Reclamation has determined that certain New Melones Project facilities and services are necessary and appropriate for the public use and enjoyment, and has designated the Glory Hole Concession Area for this purpose, and the Concession Contractor is willing to provide such services; and Whereas,, the Concession Contractor wishes to utilize a portion of said lands within the Glory Hole Concession Area for the location, construction, operation and maintenance of the New Melones Lake Marina, a public marina and associated recreation use facilities and developments. Whereas,, Reclamation is willing to allow the Concession Contractor a reasonable opportunity to realize a profit on the operations conducted within Glory Hole Concession Area; and Whereas,, the existing Concession Contract is expiring on the 31st of December 2012, and a continuation of concession services is desired by Reclamation; and Whereas,, the Concession Contractor’s services and facilities and temporary use of existing Reclamation Improvements during this interim contract will not be inconsistent with the requirements of Reclamation’s New Melones Project and will not interfere with the operation and responsibility of any and all entities associated with that Project; and Whereas,, Reclamation desires the Concession Contractor to maintain and operate these visitor services at reasonable rates as an independent contractor in conformity with all Applicable Laws and the terms of this Interim Concession Contract; and 2 Part 7.20 – Interim Concessions Contract. Interim Concession Contract New Melones Lake Concession Prospectus Interim Concession Contract Definitions Whereas,, Shasta Lake Resorts (SLR) is the existing Concession Contractor at Glory Hole Concession Area, operating as the New Melones Lake Marina pursuant to the July 2, 2010 Novation Agreement and Concession Agreement for New Melones Lake Marina, No. 6-LM-2004280, which expires on December 31, 2012; and Whereas,, Reclamation desires the Concession Contractor to conduct these visitor services in a manner that demonstrates sound public health, safety and environmental management, stewardship, and leadership; and Reclamation is willing to recognize SLR as the successor party to the “Prior Concession Agreement” provided SLR agrees to the terms and conditions set forth These paragraphs are here solely to have text that would go to a second page so that the header and footer would be visible in this Interim Concession Contract; and Now, Therefore, pursuant to the authority contained in Reclamation Act of 1902, as amended and supplemented; Reclamation Project Act of 1939; Flood Control Act of December, 1944, as amended and supplemented; Flood Control Act of October, 1962 (P.L. 87-874) as amended and supplemented ; the Federal Water Project Recreation Act of 1965, as amended; Reclamation Recreation Management Act, Title XXVIII of Public Law 102-575; and other laws and policies that supplement and amend the acts, Reclamation and the Concession Contractor agree as follows: Definitions The following terms used in this Interim Concession Contract and the exhibits to this Interim Concession Contract will be defined, for the purposes of this Interim Concession Contract and exhibits, as set forth below. Definitions apply to both the singular and the plural forms of the defined terms: Applicable Laws – Federal, State and local laws governing the development, operation and maintenance of recreation facilities and services at New Melones Lake, including, but not limited to, the rules, regulations, and other requirements promulgated under those laws, whether now in force, or amended, enacted or promulgated in the future. Authorized Services – Those services not specifically required under the Interim Concession Contract, but requested by the Concession Contractor and approved by Reclamation, which facilitate providing additional public services and conveniences consistent with this Interim Concession Contract. Part 7.20 – Interim Concessions Contract. Interim Concession Contract 3 New Melones Lake Concession Prospectus Interim Concession Contract Definitions Assignment – Designation of Government land and facilities by the Government for use by the Concession Contractor in providing contractually required services during the term of this Interim Concession Contract. Such designation will continue until contract expiration, termination, or until otherwise withdrawn by the Government. This designation does not transfer ownership of the subject property. Best Management Practices – Policies and practices that apply the most current and advanced practicable means and technologies available to the Concession Contractor to undertake and maintain a superior level of environmental performance reasonable in light of the circumstances of the operations conducted under this Interim Concession Contract. Best Management Practices are expected to change from time to time as technology evolves. Catastrophic Hazard Deficiency – A condition or practice which could result in immediate and imminent danger of death or permanent disability, chronic or irreversible illness, major property or resource damage. Concession Contractor Improvement(s) – Fixed Assets provided by the Concession Contractor pursuant to the terms of this Interim Concession Contract with the written approval of Reclamation for the purposes of this Interim Concession Contract (including any Improvements made to Reclamation Improvements and Improvements made from funds in the Reserve Account for Facilities Improvement (RAFI)), during the term of the Interim Concession Contract, including buildings, Structures, Fixtures, equipment, and other Improvements affixed to the assigned lands in such a manner as to be a part of the realty. Because of their special circumstances, docks and other floating structures currently in place or that may be constructed by the Concession Contractor pursuant to the terms of this Interim Concession Contract are included in this category. Concession Contractor Improvements constructed affixed to the lands assigned to the Concession Contractor do not include any interest in the land upon which the Improvements are located. Additionally, a Concession Contractor Improvement does not include any interest in Personal Property of any kind including, but not limited to, vehicles, boats, houseboats or other objects, regardless of size, unless an item of Personal Property becomes a Fixture as defined in this Interim Concession Contract. Concession Contractor Improvements exclude site preparation work such as grading, cutting and filling of soil or rock. Contracting Officer – Shall mean the Regional Director of the Mid Pacific Region, Bureau of Reclamation. Critical Hazard Deficiency -A condition or practice which could result in permanent partial disability, temporary total disability greater than 3 months, significant property or resource damage. 4 Part 7.20 – Interim Concessions Contract. Interim Concession Contract New Melones Lake Concession Prospectus Interim Concession Contract Definitions Day or days – Shall mean calendar days, unless the Contract shall specifically refer to business days which shall exclude weekends and federally recognized holidays. Exhibit or exhibits – Shall mean the various exhibits, which are attached to this Interim Concession Contract, each of which is hereby made a part of this concession contract. Federal Estate – Is the Federal land and water areas of the New Melones Project that are under the jurisdiction of the Department of the Interior, Bureau of Reclamation. Franchise Fee / Franchise Fees – A payment to the Government that is considered a direct return upon consideration of the value to the Concession Contractor of the use, rights, and privileges granted by this Interim Concession Contract. Such value shall be based upon a reasonable opportunity for net profit in relation to capital invested and the obligations of this Interim Concession Contract. Fixed Assets – Are any Structures, Fixtures, or capital Improvements permanently attached to the Federal Estate. Fixtures – Manufactured items of property of an independent form and utility, necessary for the basic functioning of a Structure that are affixed to and considered to be part of the Structure as real property once installed (e.g., toilets, sinks, faucets, walk in refrigerators and freezers) . Fixtures do not include building materials until incorporated