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Home My WebLink AboutCC AG PKT 2007-01-22 #M e AGENDA REPORT DATE: January 22, 2007 TO: Honorable Mayor and City Council THRU: John B. Bahorski, City Manager FROM: Mark K. Vukojevic, P.E. Director of Public Works/City Engineer SUBffiCT: AUTHQRIZE AGREEMENT FQR PIER DECK REHABILITATION GRANT WITH THE WILDLIFE CONSERVATION BOARD SUMMARY OF REQUEST: The proposed City Council action will approve the attached resolution and authorize the City Manager execute the attached agreement with the Wildlife Conservation Board of the State of California regarding replacing the decking on the Seal Beach Municipal Pier. BACKGROUND: e The Seal Beach Municipal Pier originally was constructed in 1906. and currently is approximately IS00-feet long consisting mostly of poly-wrapped timber piles, timber support members and a timber deck. A study was conducted by Moffatt & Nichol in May of 2006 to study alternatives for rehabilitation of the decking on the Pier. A life cycle cost analysis was prepared along with other factors including aesthetics. safety, comfort, and fire resistance and the recommendation of the report was to replace the decking on the Pier with an imported "Greenheart" hardwood. Funding for rehabilitation of the Pier Decking was approved in the City's FY 2006-2007 Capital Improvement Program pbased into four years. The first phase was awarded on November 13, 2006 to John S. Meek Company. Materials have been ordered and construction is scheduled to begin in the spring of 2007. e For the next project phase, the Public Works Department has applied for a grant from the Wildlife Conservation Board (WCB) and has received. tentative approval. The WCB has set aside a $200,000 grant for the City pending final approval by the board and a signed contract. The grant contains many stipulations and detailed regulations including an official lease of the Pier to the State for a 25-year period. The grant agreement stipulates that any alterations, improvements, use, or repairs would require approval and regulation by the State for a 25-year period. In contrast, all liability, maintenance and responsibility would be borne on the City for the $200,000 grant. (''The man with the gold makes the rules") This action requires a policy decision from City Council because of its cumbersome and regulatory-type consequences. However, a similar agreementllease was previously done in 1983 with tbe major reconstruction of the Pier and is now set to expire in 2008. It should be noted that Staff is also pursuing an additional $200,000 grant for the future project. Agenda Item l"1 e FISCAL IMPACT: There is no fiscal impact associated with the presented infonnation. However, this grant program requires a 50% match from City funds. Matching General Fund monies are available in the Council approved 5-year Capital Improvement Program. Monies from this grant can not be used on the current project. Rather, they would be budgeted with the future phases of the Pier Deck Project. In addition, staff is pursuing another grant for $200,000 which will require matching funds. RECOMMENDATION: It is recommended that City Council approve the attached resolution and authorize the City Manager to execute the attached agreement with the Wildlife Conservation Board of the State of California regarding' replacing the decking on the Seal Beach Municipal Pier. Prepared By: tit Concur: , Attachment Resolution No. _ Authorization for Orant Apemenl Lease Agreement executed in 1983 Onmt Agreement e Agenda Item e e e RESOLUTION NUMBER A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH AUTHORIZING THE CITY MANAGER TO EXECUfE AN AGREEMENT WITII THE WILDLIFE CONSERVATION BOARD FOR THE PIER DECK REHABILITATION WHEREAS, the Wildlife Conservation Board (WCB) of the State of California has a program of developing lands for public access to the wildlife resources of the State; and WHEREAS, improvement of existing public access facilities at the City of Seal Beach in the County of Orange, State of California, has been proposed which would benefit the people of the City of Seal Beach, the County, and the State generally by providing for recreational use of our wildlife resources; and NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES HEREBY RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: Section 1. That said Council go on record in favor of said improvements by the City and WCB, and the Council intends to extend its lease of the lands for said Seal Beach Pier Deck Project to the State to provide for a twenty-five year term and will continue to provide maintenance and operation of said area for the term of the lease. Section 2. That the WCB be advised that the City of Seal Beach will cooperate fully in this coordinated project at the Seal Beach Municipal Pier, authorize the City Manager to sign all project agreements and contracts and that a copy of this resolution be forwarded to said WCB. PASSED, APPROVED AND ADOPTED by the City Council of the City of Seal Beach at a meeting thereof held on the day of , 2007 by the following vote: AYES: Councilmembers NOES: Councilmembers ABSENT: Councilmembers Mayor ATTEST: City Clerk STATE OF CALIFORNIA) COUNTY OF ORANGE) SS CITY OF SEAL BEACH) I, Linda Devine, City Clerk of the City of Seal Beach, California, do hereby certify that the foregoing resolution is an original copy of Resolution Number on file in the Office of the City Clerk, passed, approved and adopted by the City Council of the City of Seal Beach at a meeting thereof held on the '. day of ,2007. City Clerk STATE OF CALIFORNIA 5..1 Beach Pier Deck RehabllllaUon, Orange County Project 10 2006155 STANDARD AGREEMENT STO 213 (Rev 06103) AGREEMENT NUMBER WC-6056SC REGISTRATION NUMBER e 1. This Agreement is entered into betwe~n the State Agency and the Contrector named below: BTA.'TE AGENCV'SIMNIC Wildlife Conservation Board CONTRACTOR'S NAA4E City of Seal Beach 2. The term of this February 15, 2007 through June 30, 2009 Agreement is: 3. The maximum amount $ 200,000.00 01 this Agreement is: 4. The parties agree to comply with the terms and conditions of the following exhibits which are by this reference made a part of the Agreement. Exhibit A - Scope of Wo!1t 9 page{s} Exhibit B - Budget Detail and Payment Provisions 3 page{s} e Exhibit C" - General Terms and Conditions Check mart one Item below as Exhibit D: a::::n Exhibit - D SpeCial Terms and Conditions (Attached hereto as part of this agreement) [J;D Exhibit - 0* Special Terms and Conditions Exhibit E - Additional Provisions 4 pages NIA page(s} . N1A N1A page(s} Items shown with an Asterisk (*). a/9 het&by incofporated by I9fe1&nce and made perl oflhis aglgement as if Il!!echad harelo. These doc:umsnts can be viewed at www.oIs.dgs.ca.govlStandard+Language IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto. e CONTRACTOR CalIfomI. Department orB.......1 SlNvIt:es Use Only CON'TRACTOR'S NAME (IfD/hOr""'" onllldlllldln1l,'- _. __. parInanIhIp. ""'-J City of Seal Beach BY (AII/hottZ8d s/gINIlJJ$) DATE SIGNED(Do not lJIpeJ as PRINTEO NAME AND mLE OF PERSON SIGNING John Bahorski, City Manager ADDRESS City Hall- 211 Eighth Street Seal Beach, California 90740 STATE OF CALIFORNIA AGENCY NAME Wildlife Conservation Board BY (Au___J DATE SIGNED(Do not lJIpeJ 2S PRINTED NAME AND TITLE OF PERSON SIGNING o Exempt per. John P. Donnelly, Interim Executive Director ADDRESS 1807131h Street, SLlite 103, Sacramento, California 95814-7117 e e e Seal Beach Pier Deck Rehebflitalion. Orenge County standard Agreement No. W'C -S05SSC . Project ID 2006155 Exhibft A - SCOPE OF WORK ~COPE OF WORK This project is a cooperative agreement with the City of Seal Beach to improve public access for sport fishing in the Pacific Ocean at the Seal Beach Fishing Pier in the City of Seal Beach (see Attachment 1 - Location Map). The project will replace and rehabilitate worn surface decking over most of the 1640 foot length of the pier. The total deck surface area is 43,958 square feet, and the area to be rehabilitated by this project is approximately 40,641 square feet: The existing decking (Douglas fir) is worn due to vehicular traffic (service and delivery vehicles related to the restaurant that occupies the seaward end of the pier), and has a very uneven surface. While the decking still has much of its structural capacity, it is uncomfortable to walk on and very difficult to traverse with small or hard-wheeled equipment such as baby strollers and wheel chairs. This conditiOn will continue to deteriorate and may result in a structurally unacceptable condition with the next five years. In order to minimize this condition in the future and to extend the useful life of the new decking, this project will use imported hardwood as the decking material. Only the exposed decking, outside of the building structures, will be replaced with the hardwood. Imported hardwoods are generally more durable and stronger than softwoods, such as Douglas fir, and as such provide a better structural material with a useful life several times longer. Imported hardwoods are also very dense, with high fire resistant ratings, and many types have natural resistance to damage from fungus and insects, including mar.ine borers. Therefore, imported hardwood does not require treatments. Disposal of these wood materials does not require speCial consideration. A negative characteristic of hardwood is that due to its density, it is difficult to dry, and therefore the project specifications will require kiln drying and site seasoning prior to installation. There area several imported hardwoods that are acceptable for the pier decking. The City of Seal Beach has evaluated all of these products, and has selected Greenheart as the project decking material. This work will be done in accordance with the plans and specifications to be prepared by or under the direct supervision of the City of Seal Beach as shown on Attachment 2. Said plans and specifications must be reviewed and approved by the State prior to construction. The City of Seal Beach intends to complete this project by not later than July 1, 2009. e e e Seal Beach Pier Deck Rehabllllation. Orange County Standard AgIVf3fTIfm/ No. we -6056SC Project ID 2006155 Exhibll A - SCOPE OF WORK . Direct all inquiries to the Project Managers during the term of this agreement as follows: Wildlife Conservation Board: Name: Scott Clemons 1807 13th Street, Suite 103 Sacramento, California 95814 Phone: (916) 445-1072 Fax: (916) 323-0280 City of Seal Beach: Name: Sean Crumby City Hall- 211 Eighth Street Seal Beach, California 90740 Phone: (562) 431-2527, ext. 322 Fax: (562) 430-8763 e e e Seal Beach Pier Deck Rehabilitation, Orange County Stendard Agreement No. we -6058$C Project ID 2006155 . Exhibit A - SCOPE OF WORK Attachment 1 - Location Map It e ..... \C S2 r- ..... -- ..... ..... i .~ ;r., g ',J:! ell ~~ ~~ ~~ .g:E ~5 p..1-I .!:l~ ~u ~o tdH CI) 00 ] CI) ~ l:Q & Cil CI) B i5 ~~.fi O.;j8 .?;- ilO I'Q .... .... '5 C);::;1'1> e - e e e Sesl Beech Pier Deck Rehllbilitation. Orange County Standerll Agreement No. we -6058SC PTDjacllD 2006155 Exhibft A - SCOPE OF WORK Attachment 2 - Plans and Specifications .. "0 e ~ >, CI) 0 III -0 0 E c 'jj; CI) .s: E 0 l: 0 <C L- a... .' - E 'w >. -g >. en ~ cO~CI.l <CCD::>, ~~ .~S U!4d10a ~ DO .. ~DD~: 19aJ~S 4~\:l ~ DO J~ ~OD l; ~ Ow:. ~g 'lS U]Oy.j ~ ~ 3 ~ ~ ~ ~ ~ ........ ...... I.J... 0>. Co- ~(f) l.l CI.lCl.l..... l.lC) "<I- o ID a.a;c:i CI.l._ .... a:: a... '-" 1i o .. III o g o m 8 D~ - Jf'il G u.... L o ,,~ o <3 on o on ... ~ ~>. -0...... -0- .- CI.l :::ii;--:> o .... - CD <( ~ I:: ~cno o..t:"O o U ~ 000 -lLlJo - 0 L .~ 0 ....J a> rnrn!1~ rn :J 0 GJ ~ .S -J ..t: ~ E ~: ~.- 0 ~J--~ o 0 Ul 0.<: ., 11) U Q.. 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II " - , .... . .4"~~. ,,:G.;.::o:. e e e4 , 20'-0" TYPICAL SECTION FIGURE 3 o 4 ~~ MOFFATT & NICHOL B , Utility Spaces Exist. Piles 3780 KILROY AIRPORT WAY. SUITE 600 LONG BEACH, CALIFORNIA, 90806 562-426-9551 1"=4' 0--- 0---- e e \ . \ . \ I \ I \ I \ -- -- - 1 f o \ I \ I \ . \ ... g ~ c.. 0--- '\ @-- ~- . Cl '0 o ~~ .JCl ll-~ C):J: ~Cl U1w 4(1- :J:~ ll-ll- ~ ,.;;t~ ~~.i ~;oi Ol:Si~ ~i~.~ ~~~~ ~'lII:.~" i~\i \ ~ :& 'ljl \I '- GO :& e e ''ii\:J l".:i~ ".0'" ,l!{.d. :=~i ,~. ~~~ ~i$.1 ~.~' .l..ti,>.," ~.~ ~~11:{ ~;- ;: ffrr. , ,~ .\-. 0- g ~ 0- ::l I ~.." I ~L j8 8- ,.0 ift; g , . ,- 0 jlI;;: 0 I ~:t . <It <It ~)~ ~t !. ~ ~. " II ~" t:" e i~"'] ; ~ .",,, '" -,..1 g ~ ~ ~ CD., - ',:..~-~ ... g"j8 ....:..!'''' -... ~ "8 ':E'~ 0 '.'-i: 0 0 0 '~~ is ~~n 0 0 is: '0" .~. 0 0 !}"'IICIlCll ~Ii" _.02. ::r !!!. ~alit"m lXl-am ,C~g. lXl '" cD c:im~ 8~~!Il ~g:~W )00 Z'" Z o;Q C ... "'II :Eiif )00 02: -< 1= ;: Ii m ... ::!i -g "'II 0 ;U iil o ::l < "" Cii lD i5 bl z <: CIl i e e e Seal Beech Pier Deck Rehebilitatlon, Orange county Slenc:terd Agreement No. we - 6056SC Project lD 2006155 &hibit B - BUDGET AND PAYMENT PROVISIONS Pavment Provisions 1. In consideration for the satisfactory completion of the services described herein, the State agrees to pay the Contractor, in arrears, upon receipt of an invoice in triplicate, for services rendered under this Agreement. . Payment shall be in arrears contingent I,Ipon receipt of an invoice received and approved by the State's representative. The invoice must be submitted on Contractor's letterhead signed by authorized representative, and include: . Agreement number . Time period covered . Work completed for the period (detailed statement of services) . Sub-contractor services . Whether the request is for partial payment or final payment Submit invoices to: Wildlife Conservation Board 1807 13111 Street, Suite 103 Sacramento, California 95814 2. Progress payments are permitted for tasks completed under this contract. No more than one invoice may be submitted per month. The State may withhold ten percent (10%) of each payment until the State has approved the acceptance of the project. 3. For work accomplished or cost incurred in any other manner (salaries, wages, materials, taxes, permits, equipment rental, fuel, etc.), the request for payment should include invoices in triplicate itemized as to actual and direct expenditures. 4. Request for final payment shall be submitted to WCB's Project Manager within thirty (30) days after completion of the work authorized under this contract. 5. Work to be performed under this agreement is subject to availability of funds through the State's normal budget process. 6. Payment will be made in accordance with, and within the time specified in, Government Code Chapter 4.5, commencing with Section 927. 7. The State's Project Manager has initial jurisdiction over each controversy arising under or in connection with the interpretation, performance, or payment under this e e e Seal Beech Pier Deel< RehebHlta/ion, Orange County Slendfll'd Ag1991T1ent No. we - 6058SC Project ID 2008155 . Exhibit B - BUDGET AND PAYMENT PROVISIONS contract. The Contractor will diligently pursue with the State's Project Manager mutually agreeable settlement of any such controversy. If the con~versy cannot be resolved at this stage, the Contractor must direct the grievance together with any evidence, in writing, to the Executive Director of the Board. The grievance must state the issues in the dispute, the legal authority or other basis for the Contractor's position and the remedy sought. The Executive Director Dr designee shall meet with the Contractor to review the issues raised. A written decision signed by the Executive Director or designee shall be returned to the Contractor within twenty (20) working days of receipt of the Contractor's letter. ~ta:t. of California - ResolU'cea AgBl1D;r DO,P&%'tment ot li'!Bh ..ed Gems WILDLIFE CO~SATIOll llOA1lD , ..: . . oJ "'';I. ~.';":.:,;. .. t:", . ._ . .' ~ ~ ..._~.. .. ~ l~"" . ~... . \. :r...', ....;:. ''''i;;I,J' ..; ..' . . "i.s4-os'i"4'ZC.,<., ...... ....:....,.... "'" ....:...,'.........., . . . _ . ~y..~.. new4 ~ ttr.. II'" '" C.w..... -..I... 0.......11I4 ,.J:I: : .p '. ;.'~I. - C.. .s,ai...".....~....-,. ~, ," .Ir.l."'rirr..ltM~,.....,.""......r'" ..... s.. .t C-'...... ..iJu.Jj;.:/1-- " . ~INEl nt.at~ f...e 'I9'-'''U\ ~,~. Rn'I9ESTGO ___~D~ _!--,'mf' ~:U;;;"""!- ". " . """'" n:c:cn>D . ro.., . . ' ", I ". ," L. e R'!!!.,..,-"''!,,: 'f!..!:r..1....~ 1416 - 9 th S !;root aacra!"el1t~. C..Uf'on1ia 95514 LEASE AND OPERATING AGREEMENT. I EX~~PT .fe'ZIlED II( OfFlt:lAL R!CLllt S. OF DIWIG! l!IIIIKTl. c'oUFG'NIA FOR' SEAL BEACH FISHING PIER -2~~ PM ~EB 14 'B4 LfE A. BRANCH. CDun i.colder This lease and Operating Agreement is mode ~nd entered. into this 1:2. -tI... day of &OV'.- 1...1 . 1983, between the CITY OF SEAL BEACH, hereinafter called "Operator" and. the STATE OF CALIFORNiA, acting through the Deportment of fish and Game, . hereinafter called "Sta}e." Operator and State hereby alree os folIo,," 1-. RECITALS 1. Operator has under its control certain tidelands on which is situ~ted the Seal Beach Fishing Pier. 2. Operator and State desire to 'use said lands for continued . . _ use 'as a public recr~&t~onal f&cility called the S.al Beach . ' Fishing Pier and provide for its reco..truc~iori.\ r~novation, . . ....s.. .. operation and maint.nance on.a coop.rativ. .basiS, said activity herein r~ferted to os the "Proj..t." " 3. Th. l.as. of Operator's lands to Stat. far purposes of the . . Project and the r.construction, reno~a~ion, operation and maintenance of the Project. for the tenn- heY"e~' ,;5.. in accordance with the authorization af State's W11dlif~ Cons~ation . Boord on May 24, 19D3, and Operator's R'solution ~Q, 3269. II. GENERAL TERMS AND. CONDITIONS. _ 1. PROJECT NAME: The name of this project is ~he Seal Beach Fishing Pi~r or the Seal Be~ch Pier. : Eith..... na~e sholl . . be used in ail documents, silns, publications, .brochures, leneral literature or news releases, and Opefator sh&11 . " not r.name the project or change any p"ojec( sfgns witho~t the approval of State, and then only for reasons ~f ch~nged conditions Dr ov~rridin8 publiC qr historic 1MpOrtance. \ . 1......... : ..~. ." ...~ .: .'. .......;J.I.:l' I -...-' .."' ," .:.. .... . . e R#J!'~"''''!': :!'!.'!~.d't::.; 1416 - 9th Street SaCr....~to; California 95814 lEASE AND OPERATING AGREEMENT . . .', ... I" .. 'II~~~... ~"..j$-,'. ..- . .. -. .0'\I'\:~4::\". _1. '~-l,;i;' .r~. ."':1':;........ .. . ....J..f.. _- .' .~:>4~1&)i.. J. t . '. . : . . . '. :!;'ii4-d63.~'2t;;'- ,.....~..::.....~....~'........:..,....-.it . .:.~.., .,.;:':".A:J....~.-.-N~,...,,SI.J.c........III..,...g.~j..- ......,.. . .1'.1'.~'.'. C~.5.cIf..'I....wI.--..,'III"...pl...ft : ........, Iilk." ,........."..,...., .....i,...l I - a_ '~7J~L 'j2~1- ,,( EXEMPT I C2 . . '. ,.........."n.JllIlb .'l..O'-tC- -". .........:)-- >4'-.' ~ESTED"",-~D" to... F,.,n_€_"'~""~,_, ". :. ~ 'RECOlU)ED.. RETD'r.N TO....,r . . .. ~ ..... \,,'?j:. . .. . , I~!:. . '," ....~ Bta.te of Calii'ornia - lleeourcee ..!.gSl:l., . Department of Fiah aod G..... WILDLIFE CO!lSZ:'!!TIOll-:BOAllD Rr~~DED I~ grFICI,u R!Cll'lls OF. OIiA:I~E eouNIl. c.allFC~NI', FOR" . .2~f PM "FEBI4 '84 . " . . . SEAL BEACH FISHING PIER LEE A. BRANCH. Counly Rtalldor This l..s. .nd' Op.r.ting ABream.nt 15 m.de .na enu.red into this J~~ day of lO'.I........11...~ , 1983, between U" , . CITY OF SEAL Sg.CH, h.r.in.ft.r c~ll.d "Op.r.tor".. .nd the STATE OF CAlIFORNiA. .ctinS through the O.partm.nt of ~ish and G.m., . h.r.ln.ft.r c.lled "Sto~.." Op.r.tor .nd. Sbte' hereby ag.re. BS follDws: I-. RECITALS e 1. Op.....~or has under its .control c.rt.in tld.l.nds. o'ri. which is situ.t.d the Se., Beech fi'sht~g Pier. 2. Oper.tor .nd St.t. d.s;~. to 'us. ..id l.nqs .fo~co~tlnu~d '. .. I 10" 'u.. '.~ . public recr..tion.l focillty c.l].d;t~. Se~l B..ch Fishing Pier .nd provide far' lts:recon.trui:~io~: 'r.nov.tl.n, ". , .,.,: .... oper&ticn and maintenance on,l c~opqrative .b:s~$. said activity her.in referted t. .. the "Project.." . 3. The l..se of Op.rato~'~: l.nd. to.St.te.for purp~ses of the. . '. ,. . Project .nd the rec~nstructlon, re~av.iion, operation .nd , -,. maintenBnce of t~e Project for the ten~ her~~ .j~.in ~ccQrdance .. with the .uthoriz.ti<>n ~ State's Wilcl11fe '~~ns~~tlon 0 So.rd on Mey 24, 1903, .n~ Oper.tor's R.~01ut10n'.No, 3269. : e II. GENERAL TERMS AND CONDITIOr.'S.. o. 1. PROJECT NAME: The n.m. of this project i. '~he S..l B..ch Fi.hlng. Pi.r or t~. S..l ll.~ch Pl.r~': Either.:n.,!!," .liol.1' be used in .11 'dQcum.nts, sign.,' publ1c~tion.. 'b~,",hur.s; Ben.ral lit.r.ture or n.w. rele.s.s, ~nd.Opet.tar shall 1 . .! pot rename the project or. change .ny P.Oj.ct'siges witho~t the epprov.l of St.te, .nd then only for r...sons:~f.ch~nged condltions ar ov~rridinl public Dr historic impartance. ..."..... '. "\ ' ,. '.;" .' ," .~:-: . :..,~ .,: ...~~~..;;. ;?~ " .. _...It.,, t.".'. .~'..- Page 2 e 2. AGREEMENT: This agreement incorpor~tes by reference Exhibit A, Standard TenDs and Conditions; Exhibit B, Seal Beach Fishing Pier plans; and Exhibit C, Seal Beach Municipal ~ier Legal Description. 3. PROJECT FINANCING: State will pay Operator for the development of the project in accordance wlfh that Standard Agreement WC-lll6, and Operator will match State funds expended. 4. LEASE OF PROJECT LANDS: Operator will, for the term of this agreement, grant and convey to the State certain rights and interests in the land described in Exhibit C, and as more particularly provided in Exhibit A of this agreement. S. ADDITIONS OUTSIDE PROJECT AREA: It Is understood that any _ alterations, additions, and/or improvements to any structure Dr facility constructed by Operator at Its own expense and which are not wlt~ln the project area as described In Exhibit C are not subject to the terms and conditions of this Agreement, except that no such alterations, additions and/or Improvements which are adjacent to said project area Dr encroach upon the fishing space normally used in fishing from said area which might restrict or interfere with the primary purpose of the project shall be permitted without mitisation measures acceptable to State, and only with the express written approval of State. It is understood that no fixture shall be constructed Dr placed adjacent to the described project area which might restrict Dr interfere with the primary purpose of the project. 6. NOTICES: Notices required between the Operator and State will be deemed to have been given when mailed to the respective addresses below, first-class postage fully prepaid thereon: To Operator: City of Seal Beach City Hall, 211 Eighth Street Seal Beach.CA 90740 To State: Department of Fish and Game 1416 Ninth Street Sacramento,CA 9SB14 _ Pase 3 e CITY OF SEAL BEACH STATE OF CALIFORNIA Department of Fish and Game Wlldllla .coillel'llllfoR Bo,;"d ,,~ Oat Sisned BY ~ City Manaqer Oat Sisned ~~, ATTtST: I hereb~ certify that all conditions for exemption set forth in State administrative Manual Section 1209 have been complied with and this document is exempt from review by the Department of Finance. By fL J~ e .' e Project: Seal Seach Fishing Pier e . EXHIBIT A STANDARD TERMS AND CONDITIONS TO LEASE AND OPERATING AGREEMENT I. LEASE e 1. LEASED PREMISES: Operator hereby leases to State and State hires from Uperator those certain lands described in Exhibit C hereof far the purpose of the construction, operation and maintenance of the Project. 2. RENT: The sale consideration of this lease shall be the public use and benefit resulting fram the Project. 3. PURPOSE AND USE: The leased premises and every part thereof shall be used only far sport fishi~g and recreation or activities not incompatible thereto. Subject to Paragraph 9 hereof, Operator may use the premises far temporary Dr special purposes through agreement with others. The premises and project facilities shall be available without charge, and there shall be no restrictions to pijblic ingress or egress at Iny ~1me except when necessary for maintenance, repair~ public safety. security or far protection of the structure or facilities. Operator shall notify State within 48 hours . of making such closures. 4. ~: The term of this a~reement is twenty-five (25) years. commencing with tha date hereof. Tpis agreement may be extended or amended upon mutual agreement of the parties hereto, or terminated as hereinafter provided. 5. TITLE ASSURANCES, Operator shall retain ownership of or rights in all land within the Project area; subject to this Agreement, and shall not sell. exchange. transfer, martlage, or convey in any manner all or any portion of the real property described in Paragraph 1. or any land required far access thereto. wi~hout advance written approval of State. Operator warrants that there shall be no encumbrance, 11en. easement, e Page 2 license, title, cloud or other interest which R1ay intefere e with the Project or use thereof by the public. II. CONSTRUCTION OF PROJECT 6. CONSTRUCTION OF PROJECT: State, by separate agreement, will construct, Dr cause to be constructed, the Project which is the object of this Agreement. III. f~INTENANCE AND OPERATION 7. MAINTENANCE: Upon satisfactory completion of the Project construction, Operator shall provide all normal Project ~a1ntenance and operation for and in accordance with the purposes expressed and, except for natural occurrences beyond the control of the Operator, or "Act of God", shall make all reasonabl~ ana necessary repairs, replace broken, d~naged or worn structural components or fixtures so as to keep e the structures and facilities in a safe usable condition, and perform housekeeping operations as required 50 as to keep the premises and improvements clean, attractive, and free of accuRlulations of litter, garbage, or debris. Equipment and materials not needed for daily operations of Operator shall not be stored or stockpiled on the premises. 8. ADDITIONAL IMPROVEMENTS: Upon completion of the Project construction, State shall not be obl'gated to make Dr cause ua obe made any further alterations, improvements or repairs to any structures or facilities within the Project area. However, Operator may at ~ts own cast, place Dr construct on the premises "any structures. alterations or improvements in addition to those set forth and described herein as the e Project, provided that they: . (a) are for the enhancement of public access to recreational fishing: (b) are constructed, maintained and operated for the use, enjoyment, service and protection of the public; (c) do not'directly or indirectly reduce, restrict or interfere with the primary purposes of the Project; and (d) have the prior written approval of the State. e Page 3 9. CONCESSIONS: Operator may enter into agreements with others to provide services, conveniences Dr facilities to complement the Project improvements provided that: Ca) the purpose of any su~h agreement i, consistent with the purposes and uses described herein; Cb) any revenues received by Operator from such concession agreements be deposited in a special account identified with the Project and be used solely for operation and maintenance of Project; (c) Operator maintains adequate records of revenues and expenditures relating to ~ny such concession agreements and make them available for audit when re~uested by . State; and Cd) such agreements be approved by State prior to award. e IV. GENERAL PROVISIONS 10. ASSIGNMENT: Operator shall not assign this agreement in whole Dr in part, nor delegate any of its rights, duties Dr inter~sts herein without the ad~ance written approval of State. 11. LIABILITY: Ope~ator hereby waives all cla~ms and recourse ..ainst State including the right to contributions for any loss Dr damage arising from, growing out of. or in any way connected with or incident to this agreement or the Project, except claims aris1nG from the concurrent or sale negligence of State, its officers, agents and employees. Further, Operator .shall indemnify, hold. harmless, and defend State, its officers, agents and employees against any and all claims, demands, damages, costs. expenses Dr liability arising out of the design, con~truction, operation, maintenance, existence Dr failure of the Project. If State is named as co-defendant pursuant to Government Code Sections 895 et seq., Operator shall notify State and represent it, unless State elects to represent itself, in which case State shall bear its own litigation casts, expenses and attorney's fees. 12. INOEPENOENT CONTRACTOR: Operator and any of its officers, agents and employees shall. in the performance of this Blreement, e Page 4 e ICt in In independent clpacity and not as officers, agents or employees of State. 13. NON-DISCRIMINATION: Operator hereby certifies thlt in the performlnce of its responsibilities and duties under this agreement and in the Idministration of Iny concession Igreement for services or accommodatidns, it will comply with all State and federa~ non-discrimination laws, Ind the are I will be 'open and accessible for the use and enjoyment of the general publiC on equal and reasonable terms. Any contracts for construction of the Project facilities shall contain a clluse that there shall be no discrimination against any employee who 1s employed in the work covered by such contracts or against any applicant for such employment because of race, creed, religion, calor, lIe, national origin, sex or physical handiclp. . 14. BREACH: In the event Operator breaches any of the terms and conditions .of this agreement, St~te may, upon written notice to operator of such breach. require Operator to commence e in good faith to remedy the brelch within ninety (90) dlYs of the notice, or a relsonable extension of this period i~ case of In emergency situltion which is beyond the control of Operltor. If Operator flils to remedy the breach in the time Illowed, Stlte may It its option terminlte the Igreement by givin~ notice IS hereinlfter provided, or correct Iny deficiency or cluse of brelch Ind chlrge Operator III costs in connection therewith;. including Idministrltive costs. In the event State elects to terminate the agreement, e it may at its option (1) retlin the rights granted under paragraph 1 hereof for the full ter~of this agreement Ind ope rite the Project it~elf or with other Igencies to permit State's investment to be fully amortized, or (2) require Operator to r~mit all funds contributed by. State for the development of this project, with the emount prorated to the remaining term of this egreement. 15. WAIVER OF RIGHTS: It is the intention of the parties to this agreement that from time to time either party may waive e Pose 5 certain of its rights under the asreement. Any such waiver by the parties hereto of their rights with respect to default Or any other matter arising in connection with this agreement sholl not be deemed to be a waiver with respect to any other defa~lt or matter. 16. REMEDIES NOT EXCLUSIVE: The use by~ither State or Operator of any remedy specified in the Asreement for the enforcement of the Agre~ment is not exclusive and sholl not deprive the party using such remedy, or limit the application of any other remedy provide~. by low. 17. SUCCESSORS AND ASSIGNS: This asreement and all its provisions . shall apply to and bind the successors and assigns of the parties hereto. 18. OPINIONS AND DETERMINATIONS: Where the terms of the Agreement provide for action. to be based upon the opinion, jud~nt, approval. review, or determination of 91ther State or Operator, such terms ore not intended to be and sholl never be construed e os permittins such opinion, judgment, approval, review or determination to be arbitrary, capricious or unreasonable. 19. PROJECT SIGNS: A project sign will be provided os a port of the project improvments, installed within the Project area, and maintained by ~perator showins the nome of the Project, the Operator and the State agency or asencies involved. The location and makeup of the Project,sign, including dimensions, materials and lettering sholl be os mutually agreed upon ,by Operator and State. Directional' signs sholl also be installed and maintained by Operator os required on or off the site to direct the public to the Project or Project facilties, or for safe and' appropriate public use of the area and Project facilities, e e e , " .... '- ,"f: . -- .f. I ! . .~. :' . ~ . " ~-;, - \ I' .... , . . 'T~kF..~C.~ r . '" I3~Ac..IL Ml.li..\lC \F.A~. 1""16fl;' l..fGrAL _' .t:'e:.;c ~1~norJ.. 7""cAL. '. t. $6t:AJ. G<)1o,"..i;';>JC.11l!:.7- Top-o.a. , A...~lJl~._~ . . !":ol>ll"f\lelCl..i. r:e/w , -\I' " eo' III ~ t: ... , .. ?c:..AtL', ,"= fO - !.. Il' '" :::l (I. ~ 75' ~$I E- , ~ ""e.' 4"tO 'l.": . elii 10' .-~ ~ 01 0.1 !:! '- ~ ~ !: C , , in f\ 2 " I;.~Lllal1'" c.. LI:ll.sE .Ii' OOER.b.-nt.l.G ""11.C.E~' Fo to.. '!l.~ ~e:bLU Plm -. . u....e.. -I-'J'W '0" e . ". '.':' -':- -'.\' ':,.;-.......:. ....-......~-_:...:~ .. ',: I.. ' . --.....::.---..--.......-.... - ... " II. . .. -.- .. . . . ".. . . . . ," ':'~:~-~"":':"'--""":': ..,;,.":.: -~.. '. .' y .' ". '" ," . '. ...... ... ......... ". I ,'.J,.o::.. .... lit' ~. . '.' "I. '. . \ .\ e e e -- " ...... r_ . . .. .. .," 't'~'. ,'. :,' _: . ;. ~ . .- .." . ' '. " SEAL BEACH MUNICIPAL PiER LEGAL DESCRIPTION E}{}t~'SIT c . 9o..C.E 1.. Commencing at the northeast corner of Lot Is, Block Q7, Tract No.2, Seal Beech Tract, Bay City, as recorded in M.M. 9-30 Records of Orange County, said point also lying an the souther~ right-of-way line of Ocean Avenue; Thence, S 5B043'E, along said line 465 ft. to ~e true paint of beginning; . Thence. continuing S 5B043'E 20 ft; Thence, S 31'17'W 645 ft,; Thence, S 58'43'E 25 ft.' Thence, S 3,017'W 122& ft.: Thence, n .58043'W 70 ft.; Thence, N 31"17'E 1226 ft.; Thence, S 58043'E 25 ft.; Thence, N 31017'E 645 ft. to the true paint aT beginning, (Said area cont~ins approximately ?~ icres.) -\ '." . .' .. . ",' .-'-- .' . . ',~ -.,: '. . . .' - ...-"=----.-.---':.-.: '. , .. ..~". ." ...:.: . :", , :,{. ,. ". I;' e ACKNOWLEDGMENT OF SIGNATURE STATE OF CALIFORNIA COUNTY OF ORANGE On December 29, 1983, before me, the undersigned, a Nota~y Public in and for the Stat. of California, personally appeared ALLEN J. PARKER, known to me to be the person whose name is sub- scribed to the within instrument, and acknow1edged that he executed the LEASE AND OPERATING AGREEMENT FOR SEAL BEACH FISHING' PIER, on December 23, 1983. e . omClAL SEAL . L1BmAD R GONZALES . NOTARY' PUDllC. CA\.IFOIINIA 0_ COUKl'I Ib III..... ap_ NJG 11% 19B4 e