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HomeMy WebLinkAboutCC AG PKT 2010-04-12 #H AGENDA STAFF REPORT DATE: April 12, 2010 TO: Honorable Mayor and City Council THRU: David Carmany, City Manager FROM: Joe Bailey, Marine Safety Chief SUBJECT: COAST GUARD VHF -FM ANTENNA AGREEMENT SUMMARY OF REQUEST: For Council to approve an updated contract between the United States Coast Guard and the City of Seal Beach to keep the existing VHF -FM radio direction finding antenna on the roof of Lifeguard Tower "zero" located on the City's municipal pier. BACKGROUND: The original contract was approved in February 2000 which allowed the placement of the antenna in its current location. This antenna is approximately four feet tall and no wider than twenty nine inches. It is operated, maintained and repaired by the US Coast Guard. The purpose of the antenna is to locate and respond to mariner distress calls on VHF -FM frequencies. Usage of this antenna not only assists local mariners in our waters, it also enhances the relationship between the City of Seal Beach, its Marine Safety Department, and the United States Coast Guard. FINANCIAL IMPACT: There will be no fiscal impact to the City. All costs will be incurred by the United States Coast Guard. RECOMMENDATION: It is recommended City Council adopt Resolution No. 5982 approving the contract and allow the continued use of the antenna already in place on the roof of tower "zero." Agenda Item H Page 2 CJ SUBMITTED BY: NOTED AND APPROVED: id•rA/ Jo Bailey David Carmany arine Safety C i City Manager Prepared by: Chris Pierce, Marine Safety Lieutenant Attachments: A. Resolution No. 5982 B. Agreement RESOLUTION NUMBER 5982 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA APPROVING THE AGREEMENT FOR THE USE OF LIFEGUARD TOWER ZERO FOR U.S. COAST GUARD VHF -FM DIRECTION FINDING ANTENNA THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES HEREBY RESOLVE: Section 1. The City Council hereby approves the Agreement between the City of Seal Beach and The United States Coast Guard for the use of lifeguard tower zero for placement of a US Coast Guard VHF -FM radio direction finding antenna. Section 2. The Council hereby authorizes the City Manager to execute the Agreement for the use of lifeguard tower zero for placement of a US Coast Guard VHF -FM radio direction finding antenna. PASSED, APPROVED AND ADOPTED by the City Council of the City of Seal Beach, at a regular meeting held on the 12th day of April , 2010 by the following vote: AYES: Council Members NOES: Council Members ABSENT: Council Members ABSTAIN: Council Members 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, do hereby certify that the foregoing resolution is the original copy of Resolution Number 5982 on file in the office of the City Clerk, passed, approved, and adopted by the City Council at a regular meeting held on the 12th day of April , 2010. City Clerk CITY OF SEAL BEACH (LIFEGUARD DIVISION) LICENSE TO UNITED STATES COAST GUARD TO USE PROPERTY LOCATED AT SEAL BEACH PIER This license ( "License ") is made on April 12, 2010 by and between the City of Seal Beach ( "Grantor," "City" or "Licensor ") and the United States Grantee, Acting by and through the United States Coast Guard, Commander, Shore Infrastructure Logistics Center (SILC) ( "Grantee" or "Licensee ") (collectively, "the Parties "). 1. Grant of License. Grantor hereby grants to Grantee a license for the non - exclusive right to use and position a VHF -FM radio direction finding antenna ( "Installation ") on "Tower Zero" at the Seal Beach Pier (the "Premises ") as depicted on the drawing marked Exhibit "A ", attached hereto and incorporated by this reference, subject to the terms and conditions set forth herein. 2. Term. This License shall be effective on April 1, 2010 and shall remain in effect until March 31, 2020, unless sooner terminated by Grantor. The obligations of Grantee regarding remediation of environmental damage and removal of any structures, facilities, and equipment installed by Grantee, shall remain in effect after the termination of this License unless otherwise agreed to by the Parties in writing. 3. Consideration and Costs. a. Licensee is responsible for all costs directly associated with the operation, maintenance, repair or replacement of the Installation. b. The use, operation, and occupation of the Premises pursuant to this License shall be without cost or expense to the United States Coast Guard. 4. Notices and Correspondence. All correspondence to be sent and notices to be given pursuant to this License shall be addressed, if to Grantor, to the City of Seal Beach, City Clerk, 211 8th Street, Seal Beach, California 90740, and, if to Grantee, to Commander, SILC, Portfolio Management Branch, 1301 Clay Street, Suite 700N, Oakland, California 94612 -5203, or as may from time to time otherwise be directed by the Parties. Notice shall be deemed to have been duly given if and when enclosed in a properly sealed envelope or wrapper addressed as aforesaid, deposited, postage prepaid, and postmarked in a post office regularly maintained buy the United States Postal Service. S7296-0001\1218008v2.doc 1 5. Access. a. The use, operation, and occupation of the Premises are subject to the general supervision and control of the Licensor. b. In accepting the rights, privileges, and obligations established hereunder, Grantee recognizes that the Installation services homeland security and that Grantor will not permit the Grantee to interfere with the Installation's military mission. Access to the property is subject to the control of the Seal Beach Lifeguard Division and is governed by such regulations and orders as approved by the City. Any access granted to Grantee, its officers, employees, contractors of any tier, agents, and invitees is subject to such regulations and orders. This License is subject to all regulations and orders currently promulgated or which may be promulgated by lawful authority as well as all other conditions contained in this License. Violation of any such regulations, orders, or conditions may result in the termination of this License. Such regulations and orders may, by way of example and not by way of limitations, including restrictions on who may enter, how many may enter at any one time, when they may enter, and what areas of the Installation they may visit, as well as requirements for background investigations, including those for security clearances, of those entering. Grantee is responsible for the actions of its officers, employees, contractors, of any tier, agents, and invitees while on the premises and acting under this License. 6. Termination. This License may be terminated at will by the Grantor and such termination shall not create any liability on the part of the Grantor for Grantee's costs, anticipated profits or fees, and costs of construction, installation, maintenance, upgrade, and removal of facilities, or any other costs, profits, or fees, and any such costs and anticipated profits or fees will not be recoverable from Grantor. 7. Condition of Premises. Grantee has inspected and knows the condition of the Premises. Subject to Condition 15, the Premises are licensed in an "as is, where is" condition without any warranty, representation, or obligation on the part of Grantor to make any alterations, repairs, warranty, representation, or obligation on the part of Grantor to make any alterations, repairs, improvements, or corrections to defects whether patent or latent. 8. Protection of Premises. As regards the Grantee's use of the Premises and its property on the Premises, Grantee shall, at all times, protect, repair, and maintain the Premises in good order and condition at its own expense and without costs or expense to Grantor. Grantee shall exercise due 'diligence in protecting the Premises against damage or destruction by fire, vandalism, theft, weather, or other causes related to Grantee's activities. Any property on the Premises damaged or destroyed by Grantee incident to the exercise of the rights and privileges herein granted shall be promptly repaired or replaced by Grantee to the satisfaction of said officer. 9. Coast Guard Property. Any interference by Grantor with the use of or damage to property under control of the United States Coast Guard, incident to this exercise of the rights and privileges herein granted shall be promptly corrected by Grantor to the satisfaction of said USCG officer. If Grantor fails to promptly repair or replace any such property after being S7296- 0001 \1218008v2.doc 2 notified to do so by said officer, said officer may repair or replace such property and Grantor shall be liable for the costs of such repair or replacement. 10. Restoration of Premises. On or before the date of expiration of this License or its termination by the Grantor, Grantee shall vacate the Premises, remove its property therefrom, and restore the Premises to their original condition without expense to the City. Such restoration shall include, if applicable, removal of contamination caused by Grantee. 11. Alteration of Premises. No additions to or alterations of the Premises shall be made without the prior written approval of said officer. 12. Costs of Services. As regards the Grantee's use of the Premises and its property on the Premises, Grantee is responsible for all utilities and maintenance of the Premises without cost to the City. The City may, if its capabilities permit, consent to provide certain of these services to Grantee on a reimbursable basis. 13. Environmental Compliance. In its activities under this License, Grantee shall comply with all applicable environmental requirements and in particular those requirements concerning the protection and enhancement of environmental quality, pollution control and abatement, safe drinking water, and solid and hazardous waste. Responsibility for compliance with such requirements rests exclusively with Grantee, including liability for any fines, penalties, or other similar enforcement costs. 14. Safety and Hazardous Waste Disposal. Grantee, at its expense, shall comply with all applicable laws on occupational safety and health, the handling and storage of hazardous materials, and the proper handling and disposal of hazardous wastes and hazardous substances generated by its activities. Responsibility for the costs of proper handling and disposal of hazardous wastes and hazardous substances discovered on the Premises is governed by applicable law. The terms hazardous materials, hazardous wastes, and hazardous substances are as defined in the Federal Water Pollution Control Act, the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, the Solid Waste Disposal Act, the Clean Air Act, and the Toxic Substances Control Act, and their implementing regulations, as they have been or may be amended from time to time. 15. Historic Preservation. Grantee shall not remove or disturb, or cause or permit to be removed or disturbed, any historical, archaeological, architectural, or other cultural artifacts, relics, vestiges, remains, or objects of antiquity. In the event such times are discovered on the Premises, Grantee shall cease its activities at the site and immediately notify said officer and protect the site and the material from further disturbance until said officer gives clearance to proceed. Any costs resulting from this delay shall be the responsibility of Grantee. 16. Transfer, Assignment, Leasing or Disposal. Grantee shall not transfer, permit, license, assign, or dispose of in any way, including, but not limited to, voluntary or involuntary sale, merger, consolidation, receivership, or other means this License or any interest therein or any property on the Premises, or otherwise create any interest therein. 17. Liens and Mortgages. Grantee shall not engage in any financing or other transaction creating any mortgage upon the Premises, place or suffer to be placed upon the Premises any lien 57296- 0001 \1218008v2.doc 3 • or other encumbrance, or suffer any levy or attachment to be made on Grantee's interest in the Premises under this License. On the date of the execution or filing of record of any such mortgage, encumbrance, or lien, regardless of whether or when it is foreclosed or otherwise enforced, this License shall terminate without further action by Grantor. 18. Other Grants of Access. This License is subject to all outstanding easements, rights -of- way, leases, permits, licenses, and uses for any purpose with respect to the Premises. Grantor shall have the right to grant additional easements, rights -of -way, leases, permits, and licenses, and make additional uses with respect to the Premises without regard to this License. 19. Compliance with Laws. Grantee shall comply with all applicable Federal, state, interstate, and local laws, regulations, and requirements. This may include the need for Grantee to obtain permits to engage in its activity. Grantor is not responsible for obtaining permits neither for Grantee nor for allowing Grantee to use permits obtained by Grantor. 20. Amendments. This License may only be modified or amended by the written agreement of the Parties, duly signed by their authorized representatives. 21. Liability. a. Grantor shall not be responsible for damage to property or injuries to persons which may arise from or be attributable or incident to, the condition or state of repair of the Premises, due to its use and occupation by Grantee. Grantee agrees that it assumes all risks of loss or damage to property and injury or death to persons, whether to its officers, employees, contractors or any tier, agents, invitees, or others by reason of or incident to Grantee's use of the Premises, and its activities conducted under this License. Grantee shall, at its expense, pay any settlements of or judgments on claims arising out of its use of the Premises. b. Grantee shall defend, indemnify and hold Grantor harmless against any and all judgments, expenses, and taxes, liabilities, claims, and charges of whatever kind or nature that may arise as a result of the activities of Grantee. 22. Insurance. a. Grantee is a self - insured entity and as such is not required to provide the lessor with any certificate of insurance or notice of renewal, termination, cancellation, expiration or alteration of insurance policy. 23. Interference. The equipment, property, or fixtures installed and operated by Grantee pursuant to this License shall not in any way interfere with: (1) operation and equipment under the control of the Grantor, (2) property authorized, installed, and operated equipment of others in the vicinity. The equipment, property, or fixtures installed and operated by Grantee pursuant to this License shall not in any way pose any hazard to life, health, or safety. 24. Notice of Potential Hazards. The following hazards may be associated with the use of the Premises by the Grantee: (1) vehicular traffic, (2) high power electronic transmitting devices that emit electro- magnetic (radio waves) of various frequencies, and (3) high winds, fog, and other weather conditions prevalent to the area. The Grantee shall use and access the licensed S7296- 0001 \1218008v2.doc 4 Premises with due consideration given to weather conditions, operational requirements, and safety concerns. The Grantee shall advise its officers, employees, contractors, agents and guests and the participants in its activities of the potential hazards. 25. Designation of Principal Grantor Representative. a. The Grantee shall coordinate its use of the site with Grantor Representative Chief Lifeguard Joe Bailey, who may be contacted at (562) 430 -2613. 26. Entire Agreement. It is expressly understood and agreed that this written instrument embodies the entire agreement between the Parties regarding the use of the Premises by the Grantee, and there are no understandings or agreements, verbal or otherwise, between the Parties except as expressly set forth herein. 27. Condition and Paragraph Headings. The headings contained in this License, its Attachments, and Exhibits are to facilitate reference only and shall not in any way affect the construction or interpretation hereof. 28. Successors Bound. The License shall bind, and inure to the benefit of, the parties, and their respective heirs, executors, administrators, successors, and assigns. 29. Anti - Deficiency Act. (31 USC §1341 as amended.) Nothing in this License shall constitute an obligation of funds of the United States in advance of appropriation thereof. 30. Indemnification. The Grantee, in the manner and to the extent provided by the Federal Tort Claims Act (28 USC §§ 2671 -2680 as amended) shall be liable for, and shall hold Lessor harmless from, claims for damage or loss of property, personal injury or death caused by the acts or omissions of the Grantee, its officers, employees and agents in the use of the Licensed premises. 31. Ownership of Improvements. It is understood and agreed that any improvements added by the Grantee belong to the Grantee. 32. Officials not to Benefit. No member or delegate to Congress or Resident Commissioner shall be admitted to any share or part of this License or any benefit to arise there from, but this provision shall not be construed to extend to this License if made with a corporation whose membership, includes a member or delegate to Congress or Resident Commissioner, who indirectly receives a general benefit from this License. 33. Amendment or Modification. No amendment or modification shall be valid unless evidenced by an agreement in writing signed by both parties. 34. Governing Law. The parties shall construe the License to be in accordance with and governed by the laws of the State of California, insofar as those laws are consistent with applicable federal laws and regulations. S7296 -0001 \ 1218008v2.doc 5 35. Severability. If any term or provision of this License is held invalid or unenforceable, the remainder of this license shall not be affected thereby and each term and provision hereof shall be valid and enforced to the fullest extent permitted by law. 36. Non - discrimination. Licensee, for itself and its officers, employees, contractors, agents and guests agree that no individual on the grounds of race, sex, color, religion, age, or national origin shall be excluded from participation in, denied the benefits of, or otherwise discriminated against in the use of the facility. 37. Covenant Against Contingent Fees. The Licensee warrants that no person or selling agency has been employed or retained to solicit or secure this license upon an agreement or understanding for a commission, percentage, brokerage or contingent fee. For breach or violation of this warranty, the Licensor shall have the right to annul this license without liability or in its discretion recover from the Licensee the amount of such commission, percentage, brokerage or contingent fee in addition to the consideration if any, herein set forth. Licensee Licensor UNITED STATES COAST GUARD CITY OF SEAL BEACH B y: B y: David Brumley Real Property Specialist United States Coast Guard Portfolio Management Branch CG SILC - Product Line Division S7296-0001\ 1218008v2.doc 6