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HomeMy WebLinkAboutAGMT - United States Coast Guard (License Agmt for VHF-FM Radio Antenna on Tower Zero) • U.S. Department of Commanding Officer Product Line Division Homeland Security q° c.,; Shore Infrastructure Portfolio Management Branch e® Logistics Center 1301 Clay Street,Suite 700N United States �m� Oakland, CA 94612-5203• Staff Symol:Coast Guard Phone:(510)637- 530 RECEIVED Fax: (510)637-5513 Email: David.E.Brumley @USCG.MIL JUL202011 11011 CITY CLERK CITY OF SEAL BEACH JUL 1 8 2011 Linda Devine City of Seal Beach 211 8th Street Seal Beach, CA 90740 Dear Ms. Devine: • The U. S. Coast Guard (CG) hereby provides notice to terminate License Agreement No. HSCG89-3-10-0043, which allows for the use of a lifeguard facility at Seal Beach. The CG no longer requires the use of your property and relinquishes the premises effective immediately. This letter represents our notice to immediately terminate the license. If you have any questions, please contact David Brumley, Real Property Specialist available at (510) 637-5530. Sincerely, ' • . MCPHERSON Lieutenant Commander, U. S. Coast Guard Portfolio Management Branch Team Leader CG SILC -Product Line Division By direction of the Commanding Officer Copy: CGD ELEVEN (dx) CG ESU Alameda(Electronics) CG SECTOR LA/LB CG CEU Juneau (Real Property Asset Line Division) Seal Beach Life Guard Division (Chief Life Guard) W HSCG89 -3 -10 -0043 CITY OF SEAL BEACH ACTING ON BEHALF OF THE SEAL BEACH LIFEGUARD DIVISION LICENSE TO UNITED STATES COAST GUARD TO USE PROPERTY LOCATED AT SEAL BEACH PIER Preamble The City of Seal Beach acting on behalf of the Seal Beach Lifeguard Division, owners of the following described property and whose mailing address is 211 8th street, Seal beach California 90740, hereinafter referred to as "Grantor ", grants to the United States Government, Acting by and through the Untied States Coast Guard, Commander, Shore Infrastructure Logistics Center (SILC), whose mailing address is Shore Infrastructure Logistics Center, Portfolio Management Branch, 1301 Clay St Ste 700N, Oakland, CA 94612 hereinafter referred to as "Grantee ", a license at will for the non - exclusive right to use and position a VHF -FM radio direction finding antenna on "Tower Zero" at the Seal Beach Pier as depicted on the drawing marked Exhibit "A ", attached hereto and made a part hereof, hereinafter called the "Premises ". Grantor and Grantee, when referred to together, are hereinafter referred to as the "Parties ". For the purposes of this License, Grantor includes the City of Seal Beach and the Seal Beach Lifeguard Division. . This License is granted subject to the following conditions. 1. Term. This License shall be effective beginning on April 1, 2010 and shall remain in effect until March 31, 2020, unless sooner terminated by Grantor. The obligations of Grantee (excluding those of Article 2), including those 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. 2. Consideration and Costs a. Licensee is responsible for all costs directly associated with the operation, maintenance, repair or replacement of antenna. 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. 3. 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, • • HSCG89 -3 -10 -0043 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. 4. 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 of Seal Beach. 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. 5. 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. 6. Condition of Premises. Grantee has inspected and knows the condition of the Premises. Subject to Condition 15, the Premises are granted 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. 7. 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 owri 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 • • HSCG89 -3 -10 -0043 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. 8. Coast Guard Property. Any interference 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 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. 9. 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 of Seal Beach. Such restoration shall include, if applicable, removal of contamination caused by Grantee. 10. Alteration of Premises. No additions to or alterations of the Premises shall be made without the prior written approval of said officer. 11. Costs of Services. As regards the Grantee's use of the Premises and its property on the Premises, Grantee is responsible for all utilities, building maintenance, and ground maintenance for the Premises without cost to the City of Seal Beach. The City of Seal Beach may, if its capabilities permit, consent to provide certain of these services to Grantee on a reimbursable basis. 12. 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. 13. 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. • HSCG89 -3 -10 -0043 14. 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. 15. Transfer, Assignment, Leasing or Disposal. Grantee shall not transfer, permit, license, assign, License, 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. 16. 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 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. 17. 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. 18. 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. 19. Availability of Funds. The obligation of Grantee under this License shall be subject to the availability of appropriated funds. No appropriated funds are obligated by this License. 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 • HSCG89 -3 -10 -0043 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 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, whether tortuous, contractual, or other, except to the extent such claim or charges is cognizable under the Federal Tort Claims Act. 22. Insurance. a. The Government 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 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 the Principal 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. • HSCG89 -3 -10 -0043 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. INDEMIFICATION: The Government, in the manner and to the extent provided by the Federal Tort Claims Act (28 USC Sections 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 Government, 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 Government belong to the Government. 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. 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: The 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 • • HSCG89 -3 -10 -0043 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. 37. ENTIRE AGREEMENT: This License with attachment constitutes the only agreement between the Licensor and the Licensee. Any prior understanding or representation of any kind, which proceeded the date of this License, are not binding on either party, except to the extent the understandings are incorporated into this license. Licensee Licensor UNITED STATES COAST GUARD City of Seal Beach By: [ By: I3a'vid Bru ey /� David N. C many Real Property Specia ' City Manager U.S. Coast Guard City of Seal Beach Portfolio Management Branch CG SILC - Product Line Division 0 0 Exhibit "A" HSCG89 -3 -10 -0043 Dimensions of RDF Antenna } D 1. I iiJ 1 L I it 176 mm II i � �' ;11 �] In) I _ �.t ''' i.. + - I i - Mast Diameter 25 to 76 mm a (1to3in) r . 605X1 • t MODEL 6052 Frequency (MHz) 125 -175 D (in.) 29.3 H (in.) 35.0 L (in.) 0.8 W (Ib.) 14.5