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HomeMy WebLinkAbout1987 Special Use Permit· U~t~tmd. Iratetam Department of Agrlcul, TERM SPECIAL USE PERMIT Act o/March'4, 1915, as amended .luly 28. 19~6, or Act o/March 30, 1948 (Ref. FSM 2710) Permission is hereby granted to SCHEDULE a. RecordeD'(1'2)- ' '~ ':"-' ' 06 ~0 d. District ~) e. Usersumber (9-12) f. Kind of use (1~15) !' 4115 161 g. State (16-1Y). 41 ,029 ' Ski Ashland, Inc, .'~ ' '. 02 h. County (18-20) . k. Card ,o. (21) of P. O- Box 220, Ashland, OR 97520 '. hereiu.fter c l.d ,he permi,t.e. ,o .a.thedesc h lands or improvements for the pe~od of ' ~e M~. ~hl~d Win~er Spor~s ~sort area located wich~ Sections 15, 16, 17, 20 ~d 21, Toeship 40 South, ~nge I East, ~ill~ette Meridian, Jackson County, Oregon, A map of =he area covered by =his pemi~ is attached ~s:E~ibit.]A. 1 · This'permit covers 40 ' - ' acres and isissued for the pU'rpo~e'0f: constructing, O~eratin~ and maintaining ~ .vinter .$~O'~t~s '~epqr~ ~lth facilities necessary to support the operation. ;' . ...: .. 1. Construction br occupancy and use under this permit shall begin- ~vithin ' -- months, and construction, if anT, shall be completed within -- mouths. from the date of the peFmit. :This use shall be actually exercised at least 120 days each ye&r, .unless otherwise authorized in wdting. 2. In c<yaaidcation for thi~ use, the p~r,,,ittcc shall p;,~ to thc'Fo~zt Scrviec, U.S. Oepartmont of Agd annually ern , D~lh,~ ($ ). P~/~/~/, ,%~dr,. That thc ehargcs far zh.is uoc ahall be ~cadj uatcd aa of, a~d effee~i~ so, {he begineing ~a,hme, n3urlRc ~4th th~ ValUC ~ U3C authsdzcd by thi3 pcradL._~ .......... ' ~; This pe~% i-~ a~c,~aa'-~ubiect to tse conditions set fb'~d~'~'~'co"dHiti0ii-a'7'20 ......tb 66 . attached hereto and made a part of this pemit. NAME OF PERMITTEE ~GNATU.RE OF AUTHORIZED OFFICER DATE ~ :, PERMITTEE' SKI ASHLAND, INC, STEV~N YER Forest Supervisor (CONTINUED ON REVERSE) 2700-5 is/7; 4. Development plans; lay-^,xt plans; c. onstruction, reconstruction, or a~' 'ration of improvements; or revision of · .' lay-out or construction p~ns f :~is area must be approved in advance and. writing by the forest supervisor. ~'~ejss' or s~rubbery on the permitted area may be removed or destroyed 0nly after the forest officer in charge has approved, and has marked or otherwise designated that which may be reineyed or destroyed. Timber cut or destroyed will b~ paid for by the permittee as .follows: Merchantable timber at appraised value; youns-~rowth timber below merchantable size at Current dama~e'.appraisal valuei provided that the Fores~ Service reServes:the right to dispose of the mer- chantable timber to others than the permittee at no stumpRe cost to the permittee. Trees, shrubs, and other plants may be planted in such ma.n~r and in such places about the premises s~ may be approved by the forest officer in chax~e 5. The p~rmittee ~hall maintain the improvements and premises to standards of repej~, ?rderliness, neatness, ~anitation, and safety acceptable to the forest officer in charge. 6. This permit is subject to all valid claims. 7. The permittee, in exercising the privileges granted by this permit, shall comply with the regulations of the Dep~rtment of A~riculture and all Federal, State, county, end municipal laws, ordinances, or regulations which are applicable to the area or operations oovered by this permit. 8. The permittee shall take all reasonable precaution to prevent and suppress forest fires. No material shall be disposed of by burning in open fires during the closed seanon established by l~w or regulation without a written per- mit from the forest officer in charge or his authorized s~ent. - 9. The permittee shall exercise diligence in protecting from damage the land and p~operty of the United States covered by and used in connection with this permit, and shall pay the United States for any dwnage resulting from negligence or from the viol~.tion c~f the terms of this permit or of any law or regt~lation applicable to the national forest~ by the permittee, or by any agents ~r employees of the permit~ee acting within the sco~e of their e~ency or employment.. ' "' 10. The permittee shall fully repair all damage, other tham ordinary wear and tear, tO n~tional forest roads and trails caused by the permittee In the exercise of the privilege ~ranted hy this permit. 11. No Member of or Delegate to Congress or Resident Commissioner shall be admitted to any share or part of this a~reement or to any benefit that may arise herefrom unless it is made with a corporation for its general benefit. 12. Except as provided in Clause 16 below, upon abandonment, termination, revocation, or cancellation of this permit, the permittee shall remove within a reanonable time all structures and improvements except those owned by the United States, and shall restore the site, unless otherwise a~reed upon in writing or in this permit. If the per- mittse falls to remove all such structures or impr~vemente within a reasonable period, they shall become the property of the United States, but that will not relieve the permittee of liability for the cost of their removal and the restera- tion of the site. 13. This permit is not transferable. If the permittee through voluntary sale or transfer, or through enforcement of contract, foreclosure, tel sale, ur. other valid legal proceeding shall ceane to be the owner of the physical improve- ments other than those owned by the United'States situated on ~he land described in this permit and is unable to fur- nish adequate proo. f~of ability to redeem or otherwise. reestabliSh titl~ to said improvements, this permit shall be sub- ject to cancellationi But if the person to whom title to sejd improvements shall have been transferred in either man- ner above provided is qualified as a permittee, and is willing that his'future occupancy of the promises shall be sub- ject to such new conditions and stipulations ~s existing or prospective circumstances may w~rrant, his continued occupancy of the premises will be authorized by a permit to him, which may be for the unexpired term of this permit or for such new period as the circumstences justify. 14. The permittee may sublease the use of land and improvements covered under this permit and the operation of concessions and facilities authorized; Provided the express written permission of the Forest Supervisor has been secured. The permittee shall continue to be responsible for compliance with all conditic~ns of this permit by persons to whom such premises may be sublet. 15. This permit may be revoked upon breach of any of the conditions herein. 16. If during the term of this permit or any extension thereof, the Secretary of Agriculture or any official of the Forest Service acting by or under his authority shall determine that the public interest requires t~rmination of this permit, this permit shall terminate upon thirty days' written notice to the permittee of such determination, and the United States shall have the right thereupon to parchase the permittee's improvements, to remove them, or to require the permittee to remove them, at the option of the United States, and the United States shall be obligated to pay an equitable consideration for the improvements or for removal of the improvements and drenches to the improvements resulting from their remoyJ~.l. The mount of the consideration shall be fixed by mutual a~reement between the United States and the permittee"and'~hal~'l~' accepted by the pennitts~ ill fui~ ~.ti~'facti~ of all ~lalms~a~alnSt the United Stetss under this cla~'~"P~'ic~ecr,'Thatif mutual a~reement is not reached, the Forest Service shall-determine the amount and if the permittee is dissatisfied with the amount thus determined to be due him he may appeal the deter- mination in accordance with the Appeal Re~ulaticn (36 C.F.R..~ll.20 - 211~3~7) and the amount as determined on appeal shall be final and conclusive on the parties hereto; Frovi~e~/trrf~er, That upon the payment to the permltte~ of 75% of the amoUn~'fiX~' ~'the Forest S~r~ice, the right of the United'State~'to remove or require the removal of ' the imprcvements shall not. be-stayed pending-final decision on appeal.- 17. TL~ ~,,,,ltt~.,,~_tl,~t the .... t ,1,;~1, tl,~ U C~d 5t~t~ ~l,all any judicial prooccdia~;s f~r thc e,~quici~Aea of ouoh lm~e/~moa[e lay the TJ~it~d £~t6~ ~ the ~ti~ulatic~ ef the p~ymitW9 and th~ United Statue ~lith y~d ~o th~ ma~timum ofnount whi0h the United ~tatco ohall be required to ~a~ 18. In case of change of address the permittee shall immediately notify the forest supervisor. 19. In the event of any conflict between any of the precedin~ printed clauses or any provision thereof and any of the following clauses or any provisions thereof~ the followinS clauses will control. 20. (ASb) The annual fees due the United States for those activites authorized by this permit, shall be calculated on sales according to the schedule below. Breakeven Point Balance of (Sales to GFA) Rate Base sales rate Kind of Business (Percentage) (Percentage) (Percentage) Service, food 70 1.25 1.50 Merchandise 70 1.50 1.80 Service~ liquor 60 1.80 2.15 Rentals and Service 30 4.50 5.95 Lifts, Tows and 20 2.00 5.00 Ski Schools A weighted-average break-even point (called the break-even point) and a weighted-average rate base (called the rate bess) will be calculated and used when applying the schedule to mixed business. If the permittee's business records do not clearly segregate the sales/nto the business categories authorized by this permit, they will be placed in the most logical category whenever possible. If sales with a different rate base are grouped, it will be necessary to place them all in the rate category that will yield the highest fee. The fee on sales below the break-even point will be calculated using 50 percent of the rate base. The fee on sales between the break-even point and twice the break-even point will be calculated using 150 percent of the rate base. The fee on sales above twice the break-even point will be calculated using the balance of sales rate. Form 2700-19 will simplify computation. (A8e) To the above basic fee will be added the fee for commissions calculated by applying the weighted average fee rate to revenue collected as commissions. The weighted average fee rate is derived by dividing the total basic fee by sales. (ASg) The minimum annual fee for this use, ~hlch is due in advance and is not subject to refund, will be equal to the fee that would result when sales are 40 percent of the break-even point. This fee will be calculated and billed by the Forest Service during the final quarter of the permittee's fiscal year using the most recent GFA figure and previously reported sales data for the current year, plus, if the operating season is still active, estimated sales for the remainder of the year. 21.21. (A12) Reports and deposits required as outlined above shall be ten- dered in accordance with the schedule below. They will be sent or delivered to the Collection Officer, Forest Service, USDA, at the address furnished by the Forest Supervisor. Checks or money orders will be payable to "Forest Service, USDA." -2- 21. (A12 continued) The permittee will: 'a. During the final fiscal quarter, pay within 15 days of billing by the Forest Service, the annual minimum fee for the next year. b. Send to the Forest Supervisor on or before November 30 of each year an annual operating statement including year end adjustments, a balance sheet representing the financial condition at the close of the business year, and a schedule of gross fixed assets adjusted to comply with the terms of this permit in a format and manner prescribed by the Forest Service, reporting the results of operations, including those of subleases conducted during his preceeding business year. c. Within 15 days of receipt of statement from the Forest Supervisor, pay any additional fee required to correct fees paid for the pest year's opera- tion. d. Report sales, calculate fees due using forms supplied, and make peyment each calendar quarter except for periods in which no sales take place and the permittee has notified the Forest Service that his operation has entered a seasonal shutdown for a specific period. Reports and payments will be made by the 25th of the month following the end of each reportable period. The Forest Supervisor, prior to June 1 will furnish the permittee with a ten- tative rate which shall be applied to sales in the fee calculation (item d.), such rate to be one that will produce the expected fee based on past experience. The correct fee mill be determined at the end of the year and adjustment made as provided under item c. Any balance that may exist will be credited av~ applied against the next payment 'due. All fee calculations and records of sales and GFA are subject to periodic andit. Errors in payment will be corrected as needed in conformante with those audits. 22. (A13) A late payment charge in addition to the regular fees shall be made for failure to meet the fee payment due date or any of the dates specified for submission of statements required for fee calculation. The late payment charge shall be $20, or an amount calculated by applying the current rate prescribed by Treasury Fiscal Requirements Manual Bulletins to the overdue amount for each 30-day period or fraction thereof that the payment is overdue, whichever is greater. If the due date falls on a nonworkday, the late payment charge will not apply until the end of the next workday. This permit may be terminated for nonpayment of fees and/or assessed late payment charges. 23. kA14-R6) For the purpose of administering this permit (including ascer- tainin~ that fees paid were correct and evaluating the propriety of the fee base), the permittee agrees to make all of the accounting books ind supporting records for business activities, as well as those of sublessees operatin~ within the authority of this permit, available for analysis by qualified represen- tatives of the Forest Service or other Federal agencies authorized to review the Forest Service activities. Review of accounting books and supporting records will be made at dates convenient to the permittee and reviewers. Financial information so obtained will be treated as confidential to the eKtent allowed in the Freedom of Information and the Privacy Acts. -3- 23. (A14-R6 continued) The permittee will retain the above records a.a keep them available for review for 3 years after the end of the year involved, %mless disposition is otherwise authorized by the Forest Service in writing. 24. (A15) The permittee shall follow Sanerally accepted accountinS principles in recording his financial transactions and in reporting results to the Forest Service. When requested by the Forest Service, the permittee at his own expense, will have the aunual accounting reports acdited by a public accountant acceptable to the Forest Service. The permittee will require sublessees to comply with these same requirements. The minimum acceptable accounting system will include: a. Systematic internal controls and recording by kind of business the gross receipts derived from all sources of business conducted under this permit. Receipts should be recorded daily and, if possible, deposited into a bank account without reduction by disbursements. Receipt entries should be supported by such source documents an cash-reSister tapes, sale invoices, room-rental records, and cash accounts from other sources. b. A record of all disbursements, including capital items, and a permanent record of investments in facilities. c. Bank accounts will be maintained separately for the businesses con- ducted under this permit and not cornmingled with those for other businesses of the permittee. 25. (A10) Upon determination by the Chief of the Forest Service that sufficient changes have occurred in conditions relating to specific kinds of business to warrant review, break-even points and rates will be reexamined and, if appropriate, new schedules will be prepared by the Forest Service to be effec- tive in 811 permits authorizing such business or businesses. The charges for this permit will be developed according to the new schedule, as of, and effec- tive on, the beginning of the permittee's business year following approval of the revised rate scheduled. 26. (AT) For purposes of recordinS and reporting sales, a~A sales-related information including the cost of sales, the activities of the concessioner are divided into: Service, Food. Includes the serving of meals, sandwiches, and other food materials either consumed on the premises or prepared for carryout. Snackbars are included here, as well as the sale of nonalcoholic drinks and beer, served in cRnJunction with food. Merchandise. Includes the sale of miscellaneous clothing, and such items as hardware, souvenirs, and gifts. Bait, fishing rods, reels, board, motor and boating accessories are included as well as other sporting equipment and clothing sales. Service, Liquor. Includes the sale of alcoholic drinks for consumption on the premises and other sales ordinarily a part of a bar or cocktail-lounge business. Where a bar is operated in conjunction with a restaurant or overnight accom- modations, liquor and beer sales are recorded separately from the other sales and included in this category. The sale of alcoholic beverages for consumption off the premises is also included in this item, except as indicated in "Grocery" and "Service, Food." -4- 26. (A7a continued) Rentals and Services. Includes the rental of furnished or unfurnished cabins, cottages, housekeeping rooms, condominiums, motel units (where daily maid ser- vice is not furnished by the permittee), etc., and the rental of camping space, ~railer space, horses, trailers, and other equipment rentals. Also included are services such as tmrbershops, and amusements, such as billiards. Includes the rental of marina-type equipment, such as boats, motors, boat docks and boat moorings, and boat launching. Rentals of ski and snow play equipment and snowmobiles are also included. Lift, Toy, and Ski Schools. Includes charges for use of all types of uphill transportation facilities and for sports lessons and training. 27. (A7b) Grossed Fixed Assets (GFA) is the total cost of improvements, equip- merit, and fixtures necessary and used to 8enerate sales and other income durir~ the permit year on the permitted area or within the development boundary shown in this permit. a. Costs of the followinS items verified by a representative of the Forest Service to be in existence and use by the permittee are included: (1) Expertseal items that are identifiable structures, major equip- ment, such as road maintenance equipment, or land improvements which play a distinct role in ~enerating seles. (2) Identifiable permittee costs, whether capitalized or not, to provide utility services to the area. Utility serv$ces that extend beyond the development boundary may be included in GFA to the extent they are necessary for the generation of sales and are paid by the permittee. b. Such items as the followin~ are not a pert of GFA: which are out determined. (1) Assets that ordinarily qualify for inclusion in GFA, but of service for the full operatin~ year for which fees are bein~ (2) Land. (3) Expendable or consumable supplies. (4) Intangible assets, such as Eoodwill, organization expense, permit value, and liquor licenses. (5) Improvements not related to the operation. (6) Luxury improvements not used to generate sales. (7) Improvements not located on the permit sites within the deve- lopment boundary (except for utility services identified in a.(2)). As of September 1, 1983, the initial GFA under this ownership has been deter- mined to be $1,450,280.19 as shown in detail on attached Exhibit B. -5- ,27. (A7b continued) Sales for the purpose of fee calculation include (1) revenue derived from all goodB and services sold which are related to operations under this permit, and · (2) the value of gratuities not excluded by item g. Gratuities include such goods, services, or privileges as discounts, gifts, dividends, or benefits, that are furnished to such individuals as stock-holders, owners, creditors or other obltgees, officers, employees or their families, at rates or tmder conditions not available to the general publlc. Such gratuities shall be sales-prfced by the permittee at the current price to the public. The following items shall be excluded from gross receipts or revenue to arrive at sales: a. Refunds from returned merchandise and receipts from sales of real and nonrental personal property used in the operation. Sales of property, such as rental equipment, reviously used for generating operating revenue, when sold on the premises, shall be included in gross receipts. Examples of this are such rental items as boats, motors, skis, or boots, which may be sold periodically and replaced. If such equipment is traded in or sold off premises, the value or revenue shall be excluded from sales. b. Rents paid to the permittee by sublessees, even if based on sales. (The gross sales of sublessees are included as provided %mder item [1].) c. Amounts received for goods sold, services rendered, or privileges granted at a price lower than the permittee's current price to the public. (The full value is included as provided tmder item [2].) d. Sales taxes paid or payable to taxing authorities and Federal and State gasoline taxes on sales of gasoline collected from customers. e. Amounts paid or payable to a Government Licensing authority or recreation administering agency from sales of hunting or fishing licenses and recreation fee tickets. f. Value of sales where the permittee is serving' as a collection or sales agent for businesses not directly associated with the permitted operation. This includes such things as bus- or sightseeing-ticket sales for trips not related to activities on the permitted area, telephone-toll charges, and accident-insurance sales. g. Items listed in a policy statement prepared by the permittee per- raising to gratuities previously approved in writing by the Forest Supervisor. The policy may provide for those furnished to persons present in the interest of public safety; those whose presence will significantly increase sales by publi- city for the operation; competitors, judges, and other officials' of organized competitive or exhibition events, officials responsible for inspection and admi- nistration of the permittee use; and other similar purposes. The policy state- ment will describe how gratuities are to be recorded. A record of all gratuities will be kept by the permittee as a pert of the records ~mder this permit. -6- 27. (A7b continued) b. Franchise receipts. (See definition below.> i. Commissions. (See definition below.) Franchise Receipts are defined as amounts paid the permittee by sublessees, as determined at the time franchise operations are authorized, solely for the opportunity to do business at a specific location in addition to a stated rental 'fee. Franchise receipts may be in the form of fixed amounts of money or reduced prices for the franchiser's product or service. No franchise operations will be undertaken until approved, in advance, by the Forest Supervisor. Commissions are payments received by the permittee for serving as an agent or providing services, such as those described in items · end f. 28. (B1) In connection with the performance of work under this permit, the per- mittee agrees as follows: a. The permittee will not discriminate against any e~ployee or appli- cant for employment because of race, color, religion, sex, or national origin. The permittee will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The permittee agrees to post in conspicuous places, available to employees and applicants for e~ployment, notices to be provided by the Forest Service setting forth the provisions of this nondiscrimination clause. b. The permittee'will, in all solicitations or advertisements for employees placed by or on behalf of the permittee, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. c. The permittee will send to each labor union or representative of workers with ~nich he has a collective bargaining agreement or other contract or understanding, a notice, to be provided by the Forest Service, advising the labor union or workers' representative of the parmittee's commitments under this clause, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. d. The permittee will comply with all provisions of Executive Order No. 11246 of September 24, 1965, as amended by Executive Order No. 11375 of October 31, 1967, and of the rules, regulations, and relevant orders of the Secretary of Labor. e. The permittee will furnish all information ~na reports required by Executive Order No. 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the Forest Service and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. 28. (B1 continued) f. In the event of the permitteews noncompliance with the non- discrimination clauses of this permit or with any of such rules, regulations, or · orders, this permit may be cantsled or terminated in ~nole or in pert and the permittee may be declared ineligible for further Government contracts in accor- dance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order No. 11246 of September 24, 1965, or by rule, regulation, or · order of the Secretary of Labor or as otherwise provided by law. g. The permittee will include the provisions of the foregoing paragraphs (a) through (f) in every subcontract or purchase order unless exempted by rules, regulations, or order of the Secretary of Labor issued pur- suant to Section 204 of Executive Order No. 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The permit- tee will take such action with respect to any subcontract or purchase order as the contracting agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, bowever, that in the event the permittee becomes involved in, or is threatened with, litigation with a sub- contractor or vendor as a result of such direction by the Forest Service, the permittee may request the United States to enter into such litigation to protect the interests of the United States. 29. (B2-R6) By accepting this permit, the permittee hereby agrees to comply with Title VI of the Civil Rights Act of 1964 and Section 504 of the Rehabilitation Act of 1973 as mnended by the Rehabilitation Comprehensive Services and Developmental Disabilities Amendment of 1978 and all requirements imposed by or pursuant to the regulation of the United States Department of Agriculture (7 CFR, pert 15) issued pursuant to that Act, and hereby assures that in the operation and performance of this permit to take immediately any measures necessary to effectuate this requirement. If any real property or structure thereon is provided or improved with the aid of Federal financial assistance extended to a permittee by the United States Department of Agriculture, this assurance shall obligate the permittee, or in case of any transfer of such property, any transferee,'for the period during which the real property or structure is used for a purpose for which the Federal financial assistance is extended or for another perpose involving the provision of similar services or benefits. If any personal property is so provided, this assurance shall obligate the permittee for the period during which the permittee retains ownership or possession of the property. In all other cases, this assurance shall obligate the permittee for the period during which the Federal financial assistance extended by this permit. This assurance is given in consideration of the Federal financial assistance extended in this permit to the permittee by the United States Department of A~riculture. The permittee recognizes and agrees that such Federal financial assistance will be extended in reliance on the representations and agreements made in this assurance. The permittee further agrees that the United States in addition to other rights and remedies provided by this assurance, the Civil RiEhts Act of 1964, the Rehabilitation Act of 1973, or the regulations issued thereunder, shall have the right to enforce this agreement by suit for specific performance or any other available remedy under the laws of the United States or the State in which the breach or violation occurs. Signs setting forth this policy of nondiscrimination to be furnished by the Forest Service will be conspicuously displayed at the public entrance to the premises, and at other exterior or interior locations as directed by the Forest Service. -8- 30. (B4) The ,permittee shall perform all work with explosives in such a manner as not to endanger life or property. All storage places for explosives and flammable material shall be marked '~)ANGEROUS." The method of storing and hand'ling explosives and flammable materials shall conform to recommended proce- · dures contained in the "Blastera Handbook," published by E. I. du Pont de Neroours & Co., and in all Federal, State, and local laws and regulations. 31. (BS) The permittee shall indemnify the United States a~ainst any liability for damage to life or property arising from the occupancy or use of National 'Forest lands under this permit. 32. (BiO) The permittee shall have in force public liability insurance covering: (1) property damage in the amount of One Hundred Thousand dollars ($100,000), and (2) damage to persons in the minimum amount of One Hundred Thousand dollars ($100,000) in the event of death or injury to one individual and the minimum amount of live Hundred Thousand dollars ($500,000) in the event of death or injury to more than one individual. The coverage shall extend to property damage, bodily injury, or death arising out of the permittee's activi- ties under the permit including, but not limited to, the occupancy or use of the land and the construction, maintenance, and operation of the structures, facili- ties, or equipment authorized by this permit. Such insurance shall also name the United States as a co-insured and provide for specific coverage of the permittee's contractually assumed obligation to indemnify the United States. The permittee shall require the insurance company to send an authenticated copy of its insurance policy to the Forest Service ~mmediately upon issuance of the policy. The policy shall also contain a specifc provision or rider to the effect that the policy will not be canceled or its provisions changed or deleted before thirty (30) days written notice to the Forest Supervisor, Rogue River National Forest, P. O. Box 520, Nedford, OR 97501,' by the insurance company. 33. (Bll) The operation and maintenance of all sanitation, food-service, and water-supply methods, systems, and facilities shall comply with the standards of the local department of health and the United States Public Health Service. The permittee shall dispose of all garbage and refuse in a place and manner spe- cified by the Forest officer in charge. 34. (B13-R6) Not later than November 15 of each year, the permittee shall have all lifts and tows inspected by a qualified engineer. A qualified engineer is one authorized to practice engineering fn the State, either by reason of his employment by the State or Federal Government, or by registration as provided by law of the State. A certificate of this inspection, attesting to the adequacy and safety of the installations and .equipment for public use, shall be forwarded to the Forest Service no later than 15 days following each inspection. Inspections will be made in accordance with the American National Standard Safety Requirements for Aerial Passenger Tramways (ANSI B 77.1), with the Forest Service supplements. The permittee shall present detailed drawings and specifications for all towers and foundations, including those for the upper and lower terminals, for approval by the Forest Service. During foundation construction, concrete shall be tested for quality and the test results presented to the Forest Supervisor. -9- '34. (B13-R6 continued) The permittee shall present to the Forest Service for approval, detailed drawings of mechanical parts to show design, or a manufacturer's model or schematic diagram showing the parts, or make reference to manufacturer's identification of such parts as 8ears, reducers, power traits, and brakes. 35. (B14) The Forest Service reserves the right to inspect the permitted faci- lities and improvements at any time for compliance with terms of this permit, and if in the opinion of the Forest Supervisor there is insufficient adherence to the terms of the permit~ he may suspend use or operation of any part, or all, of the permitted facilities or improvements. Such inspections by the Forest Service do not relieve the permittee of his responsibilities under other terms of this permit. 36. (B15) At any time the lift systems authorized by this permit are open to public use, the permittee shall maintain in operable condition an auxiliary source of power sufficient to operate the lifts for the purpose of unloading passengers . 37. (B16) The permittee shall install and maintain in operable condition, an adequate telephone or radio-telephone system to provide communication between operators at each terminal or loading station and to and from the area. 38. (B-18) The permitted area will be 'maintained to present a clean, neat, and orderly appearance. Trash, debris, unu~able machinery, improvements, etc., will be disposed of currently. Building materials, firewood, etc., will be neatly s tacked. 39. (B22) The permittee shall maintain and operate a ski school on the permit area. The director for said school shall be qualified, to the satisfaction of the Forest Supervisor, to give instruction and to direct others in F, ivinS instruction in all degrees of skiing proficiency required at the site. Ski safety shall be enphasized in ell instruction. 40. (B31) Avalanches, rising waters, high winds, falling limbs or trees, and other hazards are natural phenomenons in the forest that present risks ~hich the permittee assumes. The permittee has the responsibility of inspecting his site, lot, right-of-way, and ~--~ediate adjoininS area for dangerous trees, han~ing limbs, and other evidence of hazardous conditions and, after securing permission from the Forest Service, of removing such hazards. 41. (B32-R6) lqhen lifts and tows are in operation, the permittee shall have on duty trained ski petrol personnel in sufficient number to evacuate injured skiers with reasonable speed. The required ski petrol equipment will be spe- cified in the Winter Sports Site OperatinS Plan. All ski petrolpersons will meet qualification standards equivalex~t to or exceeding those required by the National Ski Patrol. 42. (B38-R6) The permittee representative shall prepare an operatinS plan covering details of safety, land treatment, and protection. As a minimum, the plan shell include, but shall not be limited to, the following sections and subheadings: 42. (B38-R6) Responsibilities and Procedures - revised annually by October (1) Ski Patrol and first-aid. (2) Communications. (3) General Safety. (4) Aerial Lift Evacuation. (5) Accident reporting. (6) Avalanche control. (7) Avalanche rescue. (8) SigninS. (9) Building fire protection. b. Seasonal work plan for construction and maintenance - revised annually by May 15, and shall contain: (1) Area fire protection. (2) Erosion control. (3) Timber and debris disposal. (4) Sanitation. (5) General safety. (6) List of planned development work for the work season. Provisions of the Winter Sports Site Operattn~ Plan and its annual revisions will become a part of this permit and be Signed by the Forest Supervisor and the permittee or their designated representative. 43. (Special Clause) The permittee shall prepare a Site Development Plan, ready for public comment, to be submitted to the Forest Service by November 15, 1985. The Plan will include as a minimum: a. Demand analysi~ b. An assessment of resultant secondary impacts c. Planning ~oals d. Planning slternatives/tradeoffs e. Phasing f. General facility location (1) Ease areas (2) Circulation (3) Sanitation (4) Lifts (5) Trails (6) Special ski activities (racing, (7) Summer use schools, etc.) Part of the Site Development Plan will focus upon specific areas or phases of development. This will address site specific planning and design proposals. It will also define specific proposals necessary for mitigatinS problems resultin~ from development (such as erosion control, mter/drainage management, reveEeta- tion, energy management, sanitary management, etc.) -11- 43. (C2-R6-NS) The permittee shall prepare site development plan drawings showing the existing and proposed locations of all buildings, service areas, roads, structures and utilities. Drawings of the base area (lodge, ski shop, parking lot) shall be on a scale of 1-inch equals 50 feet with 5 foot contour · intervals. Development plan drawings for the remaining area Onder permit shall be on a scale of 1-inch equals 300 feet with 10 foot contour intervals. The Dewelopement Plan drawings must be made by a landscape architect ~ho is licensed to do business in the State of Oregon. The permittee is encouraged W consult with the Forest Service during the preparation of the development plan to ensure - that it is adequate and to gain multiple use compliance. No construction shall be tradertaken by the permittee prior to development plan approval. 44. (C6NS) All plans and specifications for bu/ldings including ~radin~ and drainage facilities, shall be prepared by an architect licensed in the State in which the building will be located. The plans shall be in accordance with the 1CBO Building Code. Building plumbing shall be in accordance with the National Plumbing Code. The electrical system shall be in accordance with the National Electrical Code. Other systems shall be designed in accordance with recognized standards, Plans shall be submitted to the Forest Service for approval prior to beginnin~ of Construction. The permittee shall submit to the Forest Service a certification by the archi- tect or engineer who inspected construction ~hat the buildin~ has been constructed in accordance with the approved plans before the building is approved for use. : 45. (C7-R6) All plan drawings for uphill equipment and systems shall be pre- pared by a qualified engineer or by a tramway firm in accordance with the American National Standard Safety Requirements for Aerial Passenger Tramways (ANSI B 77.1) with Forest Service supplements. A qualified engineer is one authorized to practice engineering in the State e/ther by reason of.employment by the State or Federal Government or by registration as provided by la~ of the State. .Plans and specifications must be approved by the Regional Forester. Prior to construction of any uphill system, the permittee shall submit to the Forest Service an accurate ~round-profile and snow-profile map sealed not . smaller than one hundred (100) feet equals one (1) inch horizontally and forty (40) feet equals one (1) inch vertically. The map shall show ell tower locations and the cable ~rofiles. 46..(C8) All lifts and tows installed on National Forest ]and, or ~hich serve National Forest together with other lands, must be constructed onder the super- vision of a professional engineer or such other supervision as may be approved in writing by the Forest Service. The engineer shall certify in'writing that all improvements were installed in accordance with approved plans. The permit- tee shall bear the cost of engineering end supervision services. The permittee shall not operate the facilities for public purposes tmtil written approval is granted by the Forest Service. 47. (C13) All plans, maps, and specifications shall use American standards of measurement. shall be written in English and -12- 48. (D2) No waste or byproducts shall ~e discharged if it contains any sub- stances in concentrations which will result in substantial harm to fish and wildlife, or to human water supplies. · Storage facilities for materials capable of causing water pollution, if acciden- tally discharged, shall be located so as to prevent any spillage into waters, or channels leading into water, that would result in substantial harm to fish and wildlife or to human water supplies. 49. (D3) The permittee shall protect the scenic esthetic values of the area under this permit, and the ndJacent land, as far as possible with the suthorized use, during construction, operation, and maintenance of the improvements. 50. (D5) The permittee will take reasonable measures to prevent and discourage vandalism or disorderly conduct, and when necessary, will call in the appropriate law-enforcement officer. 51. (D6-NS) The permittee will ensure slope stabilization and prevent soil loss throughout the permitted area by carrying out the provisions of an erosion- control plan prepared Jointly by the permittee and the Forest Service. The plan will be reviewed annually by June1 and at any other time deemed necessary by either party. If revision is indicated, such revision will be prepared in writing as agreed to by the Forest Service and the permittee and incorporated into the plan within 30 days. 52. (D-14) All butace, propane, or other liquified-petroleum-gas equipment shall be installed and operated in accordance with the laws and regulations of the State. 53- (FT) The permittee shall install fire extinguishers and firefighting apparatus of types, of capacities, in m,mbers, and at locations approved by the Forest Supervisor. This equipment shall be in readiness at all times for ~mme- diets use, and Shall be tested each year, at such times as may be required by the Forest Supervisor. 54. (X3) Nothing in this permit shall be construed to imply permission to build or maintain any structure not specifically nsmed on the face of this permit, or approved by the Forest Service in the form of a new permit or permit amendment. Additional structures requiring specific approval shall include, but are not limited to: signs, fences, nameplates, mailboxes, newspaper boxes, boathouses, docks, pipelines, and television antenna. 55. (X19) The permittee ngrees to permit the free and tmrestricted access to and .upon the premises at all times for all lawful and proper purposes not incon- sistent with the intent of the permit or with the reasonable exercise and enjoyment by the permittee of the privileges thereof. 56. (X22) The Forest Service shall have the authority to check and regulate the adequacy and type of services provided the public and to require that such ser- vices conform to satisfactory standards. The permittee may be required to fur- nish the Forest Service a schedule of prices for sales and services authorized by the permit. Such prices and services may be regulated by the Forest Service: Provided, That the permittee shall not be required to charge prices lowar than those charged by comparable or competing enterprises. 57, (X24) Gambling or gambling machines or devices will not be permitted on National Forest lands regardless of ~hether or not they are lawful tmder State law or county ordinances. .58. (X26) The sale of liquors and other intoxicating beverages is allowed ~mder this permit. However, if conditions develop as a result of this privilege which, in the judgment of the Pores= officer in charge are tmdesirable, the sale of such beverages shall be discontinued. In the event that this action becomes necessary, the permittee vlll be informed in writing by the Forest Service. 59. (XllS-R6) Forest Officers engaged in official business shall be transported on the lifts and ski tows without charge. 60. (X29) No signs or advertising devices shall be erected on the area covered by this permit, or highways leading thereto, without prior approval by the Forest Service as to location, design, size, color and massage. Erected signs shall be maintained or renewed as necessary to neat and presentable standards. 61. (X30) The permittee, in his advertisements, signs, circulars, brochures, letterheads, and like materials, as ~mll as orally, shall not misrepresent in any way, either the accommodations provided, the status of his permit, or the area covered by it or tributary thereto. The fact that the permitted area is located on the Rogue River National Forest shall be made apparent in all of the permiFtee's brochures and advertising regarding use and management of the area ~.a facilities trader this permit. 62. (X71) The permittee or a designated representative shall be present on the premises at all times when the facilities are open to the public. The permittee will notify the District Ranger in writing who the representative will be. 63. (X93) The permittee, if a corporation, shall furnish the Forest Supervisor a copy of the articles of inaorporation, a copy of the corpora=fonts bylaws and, in addition, an authenticated copy of a resolution of the board of directors specifically authorizing one certain individual or individuals to represent the permittee in its dealing with the Forest Service, Also, the permittee will fur- nish the Forest Supervisor a l/st of officers and directors of the corporation and their addresses and promptly notify him of any changes. A certified l/st of the stockholders and amount of stock owned by each will be furnished the Forest Supervisor on his request. 64. (E14-R6) Use of this permit may be suspended by the Forest Service for breach of any stipulation contained within. Continued use of the permit area or facilities thereon during suspension may result in cancellation of the permit. 65. Special Long Term Passes a. The sale of long term passes in any form must be approved in advance by the Regional Forester. b. Seventy-three (73) long term passes were sold to purchase and construct a replacement lift for the Big T-Bar lift. Debt service for the replacement lift has been retired. The sale of additional long term passes under this financing program is not authorized. -14- "" ~5. (Special Long Term Passes continued) c. Documents auchorlzed for use in the Big T-Ear replacement financing program are listed below: Application and Agreement for Season Pass Certificate, Exhibit C- Season Pass Certificate~ Exhibit D- Schedule for Annual Registration~ Exhibit E. d- Continuing management restrictions on the seventy-three (73) long term passes are as follovs: Applications & Certificates (Exhibits C & D) may not be changed or amended without the written approval of the Regional Forester. Certificates and Season Passes issued in connection therewith will expire upon termination for any cause of the Term Special Use Permit including breach, mutual convenience, for public purposes, or upon sale or transfer of ownership of the permitted improvements. Certificates - outstanding will be identified on a registry by name of owner and certificate number. 'Registry will be maintained by permit- tee, If redeemed, will not be reissued or resold. Season Passes - gill be identical to season passes offered to the general public. Will be recorded annually on a registration form, Exhibit E, for each certificate. Subject .to Forest Service fees, determined by multiplying the total number of passes so issued by the amount paid by cash buyers for a single season pass at the beginning of each season. 66. (XllO-R6) This permit supersedes the special-use permit issued to Ski Ashland, Inc., on April 6, 1978, and siSned by Donald H. Smith, Forest Supervisor. -15- I EXHIBIT B Ski Ashland, Inc. Gross Fixed Assets Valuation as of q/1/8~: Ski Ashland, Inc. Initial November 30, 1977, GFA (see attached copy of Schedule A from Ski Ashland 4/6/78 Special Use Permit) 1978 Additions and Improvements 1979 Additions and Improvements 1980 Additions and Improvements 1981 Additions and Improvements 1982 Additions and Improvements 1983 Additions and Improvements $ 855,549.89 94,473.931/ 303,910.62E/ 136,243.103/ 2,010.00 28,832.65.A[/ 2~.260.005,/ $1,450,280.19 1/ The major acquisitions were 2 new Thiokols, a John Deere Tractor, and a used Thiokol- The major acquisition!%his year was the Yah Lift for $277,471.12.~I The major acquisitions'this year were 2 DCM Mechanical Groomers for $131,820.00. '~ The major acquisitions this year were a snowmobile, a powder maker, three 5-watt radios and new ski rental equipment. The major acquisitions this year were ski rental equipment and demo equipment. SCHEDULE A .Estimated Cross Fixed Assets at November 30, 1977: (See Form R6-2700-12a and lib and supplemental workin~ papers in the offi- cial permit folder.) Original price paid Mt. Ashland Corporation by Jackson County, Oregon-Mr. Ashland Winter Park and Recreation Facility, Inc., for the purchase of assets in 1965 and 1966: $ 942,837.16 Original cost of assets owned by Mr. Ashland Corporation that became the property of Jackson County, Oregon-Mt. Ashland Winter Park and Recreation Facility, Inc., at the time of the Mr. Ashland Corporation bankruptcy in 1973: 97,259.00 Total $1,040,096.16 Less deductions itemized on Form2700-12b signed 6/12/75 - 213,462.17 826,633.99 Net reduction for loss of Big-T Lift SUBTOTAL - Net aSsets of Jackson County, Oregon-Ht. Ashland Winter Park and Recreation Facility, Inc ~ssets of Sub-Lessee - 79,537.10 ~.t ':u:. ,: 747,096.89 TOTAL ' $ 855,549 · 89 These are the gr99~f~xed..,a~.set,~aluations of Jackson County, O[.egon-Mt. As~!and Win~er 'Park and R~ereati0n Facility, 'In~ Thj~'~ ~abfledin 1975. !0f the many Ch&nges in~ the 'aSsets ~hat have occurred between 1975and th~ S~gning of =his_permi~, the 0nly one reflected in these Computatidns is a 'deduction for the loss :of ~he Big-T Lift.I These valuations will be update~'before the end of the term. of this permit to reflect all changes in assets'through 'the end of permittee's 1977-78 fiscal year. Fees for the permit~ee's 1977-78 fiscal year will be based on this updated GFA. ' ' E~IBIT C, Page 2 of 2 I wotuld like to have the nhme ' (please print) engraved on the plaque at the bottom of the new chair end on the back of one of t~e chairs if m~ application is rancling the first 80 receiveall Date 3i~,nature Telephone No. Address Cit~ 3tare Zip Accepted by: SKi ASHLAND, iNC. Richard J. Hicks, Presid.ent A phcto-copy of the executed agreement ~i]l.be returned to applicant. Year 1978-79 1980-~1 .1981-82 1982-83 1983-84 i98h-85 *1995-96 =1996-97 1998-99 ~999-200~ Season Pass Date of Number Issue E~IBIT E SCHEDULE FOR ANNUAL REGISTRATION Please Print Name ___ Address S~nature