This Memorandum of Understanding (MOU) is made and effective as of
April 21, 2009, by and between the State of California acting by and
through its Department of Fish and Game (Department) and the Coarsegold
Resource Conservation District. (CRCD), with reference to the following
facts:
RECITALS
WHEREAS, it is the mission of the Department to manage California’s
diverse fish, wildlife, and plant resources, and the habitats upon which
they depend for their ecological values and their use and enjoyment by the
public; and
WHEREAS, the Department has acquired ownership of approximately 508
acres of property known as the Kinsman Flat Wildlife Area, located off
Minarets Road, approximately 12 miles east of North Fork in Madera County,
with improvements including; buildings, wells and other permanent
structures, and
WHEREAS, the property was purchased by the Department for the purpose
of protecting and enhancing habitat for deer and other wildlife; and
WHEREAS, the CRCD is a diverse group of local volunteers that help
landowners care and protect their natural resources in a way that will
improve the area’s economy, environment and living standards; and
WHEREAS, it is the vision of Department and CRCD to work cooperatively
to improve the property, both as habitat for deer, quail and other
wildlife and for public access and enjoyment, including but not limited to
hunting, bird watching, education and other non-consumptive uses.
THEREFORE, in consideration of the facts stated above, the Department
and CRCD enter into the agreement set forth herein, which shall remain in
effect through December 31, 2012, unless extended by written agreement:
- Permission is granted to CRCD to enter Kinsman Flat Wildlife Area,
and use its facilities and improvements, for the purposes of this
MOU, stated above. This access is granted to CRCD and their agents,
employees and partners, to perform projects and tasks outlined in
the MOU.
- CRCD, for itself, its officials, officers, employees, agents,
contractors, partners and assigns, agrees to indemnify, defend and
hold harmless the Department, its officials, officers, employees’
agents, partners and assigns from any loss or damage and from any
liability on account of personal injury, property damage, or claims
for personal injury or death arising out of CRCD’s activities
under this MOU.
- Damage done to Department property through actions of CRCD shall
be promptly corrected at CRCD’s expense and to the satisfaction of
Department.
- This permission given herein shall neither constitute nor be
construed as any surrender of the jurisdiction and supervision of
Department over the lands described herein.
- CRCD will provide for the construction of a handicapped accessible
pathway that will enable hunters, wildlife viewers and other
visitors to use the area in conjunction with the walk-through that
was previously completed. Specifics regarding design and
construction will be reviewed and subject to the Department’s
discretionary approval prior to construction.
- CRCD will assist the Department with the development of a
Management Plan for the subject property and will enter into
management of the property cooperatively with the Department to
enhance its value for wildlife and public use and enjoyment.
- CRCD will assist the Department with ongoing maintenance and
repair of the buildings, pumps, cleanup and/or demolition of
miscellaneous structures and other improvements on the subject
property. This assistance will be in the form of labor by CRCD
employees, volunteers, partners or other agents, and/or materials to
supplement the personnel and material resources of the Department.
Prior to the commencement of these activities, CRCD will assist the
Department with a comprehensive inspection of the facilities and
improvements.
- On a bi-monthly basis, at the end of the month starting with May
31, 2009, CRCD will submit a report to the Department describing
activities conducted under this MOU, including dates, personnel
involved, and tasks performed.
- Either party to this MOU, can with 30 days written notice to the
other party, terminate their participation.
- Contacts for this MOU shall be:
For California Department of Fish and Game; Tim Kroeker 559-641-7592
For Coarsegold Resource Conservation District; Tom Wheeler 559-662-6050
and
Chuck Sikora 559-658-7599
Accepted:
__________________________
Tom Wheeler, President Date: April 21, 2009
Coarsegold Resource Conservation District
__________________________
Jeff Single, Regional Manager Date: April 21, 2009
Department of Fish and Game, Central Region
