HomeMy WebLinkAboutAGMT - United States -Dept. of Navy (Westminster Ave. Easement) J w `
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AGREEMENT
BETWEEN
THE UNITED STATES OF AMERICA
AND
THE CITY OF SEAL BEACH, CALIFORNIA
This Agreement entered into by and between the United States of
America, acting by and through the Department of the Navy, represented
by the Commanding Officer, Western Division, Naval Facilities Engineering
Command, San Bruno, California, herein called Navy, and the City of Seal
Beach, Orange County, California, a Municipal Corporation of the State of
California, herein called, City:
WITNESSETH
WHEREAS, the City has requested an easement over a portion of the
Naval Weapons Station, Seal Beach, California, herein called the Station,
for the construction, installation, operation, maintenance, repair and
replacement of a roadway in order to improve Westminster Avenue by widening
it from an 80 -foot to a 100 -foot roadway; and
WHEREAS, the Navy finds the grant of such an acceptable and
compatible with the mission of the station.
NOW THEREFORE, provided that all necessary approvals are obtained, it
is hereby agreed by and between the Navy and the City as to the following:
1. The Navy agrees to grant to the City an easement in perpetuity for
a roadway as shown on the drawing marked Exhibit "A" attached hereto and
made a part hereof. The Grant of Easement shall conform to the draft of
easement marked Exhibit "B" also attached hereto and made a part hereof.
2. The City agrees to relocate and /or replace, at no cost to the Navy,
all affected facilities. A summary of affected Navy facilities to be
replaced /relocated is hereby provided on the attached Military Construction
Project Data Form marked Exhibit "C" attached hereto and made a part hereof.
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:i .r Tai' • 6247480RP00060
3.. It is further agreed that an interim, standard form Navy license
will be issued at no cost to the City for the road widening project
pending processing and issuance of the Grant of Easement. It is understood
that in the event all necessary approvals cannot be obtained as required
for the granting of an easement, the City will be required to restore
the Navy premises at its own costs. A copy of the proposed license
marked Exhibit "D" is attached hereto and made a part hereof.
IN WITNESS WHEREOF, the parties hereto have executed this agreement
as of this 0 day of 1980.
UNITED STATES OF AMERICA
By ���0e' ..
` WARREN K. BRANSCUM
i
• Director p
, Director
C CI oo ` le gi ion
u ° 1,1.." 4 A BY /..0..// i � .
L , _. . =` ayor
By 1
City Manager
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s ~ • t 1. COMPONENT' T ^� 2. DATE
• s I'46'1• • FY 19 80 MILITARY CONSTRUCTION PROJECT DATA 122 NOT 19Y9 I
• 3. INST ALLA T ION AND LOCATIO V 4. PROJECT TITLE j
NAVAL t.'Er'LPONS STATION - • WESTNII:STER AVENUE t7IDENITIG,
SEAL BEACH, CALIFORNIA SEAL BEACH
N J ' 5. PROGRAM ELEMENT S. CATEGORY CODE 7. PROJECT NUMBER B. PROJECT COST (5000)
S72 -10 ' - 378 1 .
• 9. COST ESTIMATES -
• UNIT COS
+ _ ITEM UWM QUANTITY COST 13000?
I _ v
7' chain. link fence with outriggers . LF 17,710 11.00 19
Perimeter road :: r • • ,' la - 3.3 12,121 • .40
I Water well abandonnenh .and. reconnection to an • • • _- -
t - existing replacement ve12 ' I.S. . - : --% ' icg
•
Utility relocation (electrical) • • J.F. 8,855 9,60 85
Subtotal i 368 •
Contingencies WO .:•.-.- I8
Total Cost - 378
• • (Totally funded by City of Seal Beach anti 1
. , . federal government) 1 1 L .
10. OSSCRIPTION OF PRO'OSED CONSTRUCTION ' ""
- The widening of Westminster Avenue to its ultimate right- of-way width of
100 ft. (roadway width 80 ft.) will require the relocation and /or replace-
r..ent cf the existing chain link fence; perimeter road, water well, and `
Tait; ` „ ` 'U LC_'..ttttl�; of the roadway fro-...
T�'.t.:: �'v .� .:.:.. � .!:l :. t�!' _ ..:C: i• 'which includes. ': : • 1 ,.,- the T :. i
ft. to 60 ft. : ;ida iu a F ::L: rally- funded project under the Federal Al
Urban (PAU) Program. The project length is 8,855 ft.
11. REZ Ji RE.iEi T: 17,710 1.f.
PROJECT: The relocation /replacement of facilities adjacent to Westminster
Avenue required as the result of widening of the street to its ultimate '
width. :':one of these costs will be borne by the Navy.
REQUIR ;;•.mac T : These facilities are 'required for operation and security of
• the Base. Widening of the roadway requires the reKnoval and replacement of
these facilities. .
CURREI s SITUATION: The existing facilities are located adjacent to the
existing 48' wide, 4 -lane roadway - Westminster Avenue. The existing
fence height does not meet current Navy regulations. The project will _ 1_
i require relocation /replacement of these facilities.
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• IMPACT IF NOT PR VID D: The existing major arterial highway -. Westminster
, Avenue - is no:r a substandard width. In order to •widen the roadway to its
ultimate Master Plan width, it is necessary to relocate these facilities.
If the facilities are not relocated, the road can't be widened. Thercrore,,
I a hazardous substandard roadway would remain in use by Wavy - personnel atut
Orange County;Seal Beach traffic_ 1
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DD I FOiit.1 13 ,.. , raEVJOUS EDITIONS MAY CE U IN rrRPIALLY P 3
prC 7v • .�,:1 IrNTIL EY.,IAUSTL'p PAGE NO. 1 of
1 1-..ft Ysi/l LF•dlt 331I/
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i � . -' 124748
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I . ' FY i9 S0 raILiTARY COi3STRUCTrON PROJECT DATA
` ' 'F:RVY 22 NW 1919 i
3
1 •- 3, INS : AI- LAI AND LOCATION .
� M_1VAL. tiE::PC::S STATION - - .
SEAL BEACH, CALIFORNIA -
• G. PROJECT TITLE . 5. PROJECT NUMW:14
I VEST 4RISTER AVERUE WIDE!—E.G • .
I ' SEAL BEACH t
. PROJECT DATA CONTINUATION SHEET . • '-
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j POLLUTION PREVENTION, ABATEMENT AND CONTROL: -• - . . _ -
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This project will not cause additional air or water pollution.
FLOOD HAZARD EVALUATION:
Requirements of Executive Order No 11296 (Flood Hazards) are not
applicable. - - t
• E?: VIRO .IE 'TAL I PACT : -
An environmental impact assessment has been made and it has been
determined that the proposed project will•have neither a significant
impact on the environment nor is it highly controversial.' -
I FALLOUT SHELTER CONSTRUCTION: RUCTION: • - - - _ - •
. . .._____ . . -
• Fallout shelter excluded — Impairment of project purpose. -
PI �SERVATION or HISTORICAL SITES AND STRUCTURES: . •
• e.e project facilities do not directly or indirectly affect a c'Mi :Arit t,
' I sits. building, structure; 4 et . n� ! c i
.. Lrz.•�„«. object, or •s �ti: � which h is listed in t.
iiat_. _:31 Ec or otherwise DOSSCS:; a significant CI.:a1ity of Am:. ;-1.....
History. -
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DESIGN FOR ACC2 SI ILI ;Y OF PHYSICALLY HANDICAPPED PERSONNEL: .
Provisions for physically handicapped personnel are not required in
this facility.
"fiEs; STABTt CRITERIA FOR COMMERCIAL OR INDUSTRIAL ACTIVITIES PROGRAM
1 The requirements of Office of Management and Budget Circular A -76 aro
not applicable.
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• . � ►OIIM .�v1 1 r PREVSOU I 5 EDITIONS MAY E USED INTEIINALLV l+AGe 140 of 2
{ 1 D C %ti r " " -..JaI J UNTIL EXIIAU:.TED
1 S 0 40493 1,..0J4 3945
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L4CENSEFPR NJNFE_DEBAL.USE OF REAL PRD Y _
NAVEaC 11D11i2J(6-75) (Supersedes NavDocks 2260, ENSE NUMBER ,
THIS LICENSE..TO USE THE US. GOVERNMENT PROPERTY HEREIN DESCRIBED IS ISSUED BY THE
DEPARTMENT OF THE.NAVY TO THE LICENSEE NAMED BELOW FOR THE PURPOSE HEREIN SPECIFIED
UPON THE TERMS AND CONDITIONS SET FORTH BELOW AND THE GENERAL PROVISIONS ON THE
REVERSE SIDE.HEREOF. BY THE EXECUTION HEREOF THE LICENSEE AGREES TO COMPLY WITH ALL N b 2�+ 4a 0 R F 0 0 0 59
SUCH TERMS.CONDITIONS AND GENERAL PROVISIONS.
1. NAVAL ACTIVITY(Property location) 2. DATES COVERED(Inclusive) _
NAVAL WEAPONS STATION
SEAL BEACH, CALIFORNIA FROM 1 A Uq i 1980 To 31- bets 1980
3. DESCRIPTION OF PROPERTY(Include room and building numbers where appropriate) _*
Parcels No. 1 and 2 as described on Exhibit A attached. hereto and made a part
hereof and as shown on the map marked Exhibit B also attached hereto and made
a part hereof.
4. PURPOSE OF LICENSE Ter:improve Westminster Avenue by widening it trom an au-root x`•.
to a 100-foot roadway through the station. .
5. LICENSOR �yay.omrpahl °ir1E EU7'TIC2Y'}�t�r WCy LYe r'tlIC Iffl 5i5fladdga'Val Facilities
UNITED STATES OF AMERICA �. tn8i neeri 97 Colman
DEPARTMENT CA 94066
DEPARTMENTOF THE NAVY PP 00 BB ZZ San
'6. LICENSEE (Name and address) City of eal Beach - 6a. LOCAL REPRE ENT TJVE (Names� dr
City Hall , 211 Eighth Street Mr. JamesaAA. BBiery, Ale b City Engr.
Seal Beach,' `CA 90740
7. CASH PAYMENT BY LICENSEE(Payable in advents)
III no cash payment is required,enter"None"under item 7a"Amount")
a. AMOUNT/Each b. FREQUENCY c. FIRST DUE DATE d. TO (Title and address of local representative of the Government)
payment) PAYMENTS DUE
NONE
B. DEPOSIT FOR UTILITIES AND SERVICES(Payable in adnnn) .
(If no cash payment is required,enter"None"under item 8a"Amount")
a. AMOUNT/Each b. FREQUENCY c. FIRST DUE DATE d. TO(Mailing address)
deposit) PAYMENTS DUE
'NONE
9. INSURANCE REQUIRED AT EXPENSE OF LICENSEE
' (If any or all insurance requirements have been waived.enter"None"in a,b,c,or dos appropriate)
TYPE MINIMUM AMOUNT • TYPE MINIMUM AMOUNT
a. FIRE AND EXTENDED ' NONE Ic. THIRD PARTY PERSONAL
COVERAGE S ' INJURY PER PERSON S NONE �.
b. THIRD PARTY d. THIRD PARTY PERSONAL
PROPERTY DAMAGE S NONE INJURY PER ACCIDENT s NONE
10. GENERAL PROVISIONS (See Reverse Side) Ll ty of Seal Beach is sell —Insor ell. -
This is an interim authority pending processing and issuance of a Grant of
Easement. In the event all necessary approvals cannot be obtained as j
required for the granting of an easement, the City will restore the °remises at no
II. EXECUTION OF LICENSE I y' F
FOR p� DATE '
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— �.;�• TITLE T •ed Veit. .q,/7/ v.•
DEPARTMENT //..� �/,r.:.�.�. /, l -7//Ni / 3s:
OF THE 4 y L /6
eae ; opera lo s Branch / .
NAVY "' `°°�
n rG+-. to Division
LICENSEE RONALD A. KREDELL, MAYOR )07747--V-07.4r- r 6-9-80
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DENNIS COURTEMARCHE, CITY 71J, ,, 4 ;j7/ ' 0
u a e Lis-v`^^"
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If Licensee is a Corporation,Certification of signature is attached n N L 2,4-7 4 Q U O D 1� O U
0 a L O
EXHIBIT tOt 0.---- /
_- . e..`Le — .. _
- 1010.GENERAL PROVISIONS
*247460RP00059
a. The Licensor hereby grants to the Licensee the right to use the damage,the Licensee shall effect such repair,rebuilding or replacement
premises or facilities described in item 3, together with the necessary if required so to do by the Licensor,and such excess of cost shall be
rights of ingress and egress: reimbursed to the Licensee by the Licensor. In the event the Licensee
b. This License shall be effective for the period stated in item 2 and shall have effected any repair, rebuilding or replacement which the
is revocable at any time without notice at the option and discretion of Licence is required to effect pursuant to this paragraph,the Licensor
the Licensor or its duly authorized representative, shall direct payment to the Licensee of so much of the proceeds of any
insurance carried by the Licensee and made available to the Govern-
c. The use shall be limited to the purposes specified herein. ment on account of loss of or damage to any item or part of the
d. This License shall be neither assignable nor transferable by the premises or facilities as may be necessary to enable the Licensee to
Licensee. effect such repair,rebuilding or replacement.In event the Licensee shall i 1
not have been required to effect such repair,rebuilding, •replacement,
e. If utilities and services are furnished the Licensee for its use of
and the insurance proceeds allocable to the loss or cit•wge which has .{
the premises the Licensee shall reimburse the Licensor for the cost
created the need for such repair,rebuilding or replacement have been
thereof as determined by the Licensor in accordance with applicable p g p t '..
statutes and regulations. paid to the Licensee, the Licensee shall promptly refund to the }r l
Licensor the amount of such proceeds.
f. The Licensee, at its own cost and expense,shall protect,main-
tain,and keep in good order, the premises or facilities licensed hereby. i. The Licensee shall indemnify and save harmless the Government, o-
At the discretion of the Licensor this obligation shall include,but not its officers,agents,servants and employees from all liability under the
be limited to, contribution toward the expense of long-term main- Federal Tort Claims Act(62 Stat.869,982;28 U.S.C.Sec 2671,2680)
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tenance of the premises or facilities, the necessity for which accrued or otherwise, for death or injury to all persons,or loss or damage to the
during the period of Licensee's use.The amount of expense to be borne property of all persons resulting from the use of the premises by the
by the Licensee shall be determined by prorating the total expense of Licensee,and shall furnish the insurance specified in Item 9.Each policy
the item of long-term maintenance on the basis of fractional use by the of insurance required in Item 9 covering bodily injuries and third party
Licensee. This fractional part of the total expense shall be prorated property damage shall contain an endorsement reading substantially as -
further if the item of long-term maintenance did not accrue in its entirety follows:
during the Licensee's use. Upon a determination by the Licensor that '"the insurer waives any right of subrogation against the United
the necessity exists for an expenditure of funds for maintenance,protec• States of America which might arise by reason of any payment made
tion, preservation or repair, the Licensee shall pay to the Licensor its under this policy."
proportionate share,on demand. j- All insurance required by this License shall be in such form,for
g. No additions lo,or alterations of, the premises or facilities shall such periods of time, and with such insurers as the Licensor may re-'
be made without the prior consent of the Licensor.Upon revocation or quire or approve.A certificate of insurance or a certified copy of each
surrender of this license, to the extent directed by the Licensor,the policy of insurance taken out hereunder shall be deposited with the
Licensee shall remove all alterations, additions, betterments. and Licenser's local representative orior to use of the premises and facilities.
improvements made,or installed,and restore the premises..or.facilities- The Licensee agrees that not ''s. 'tan thirty (30) days prior to the
to the same,or as good condition as existed on the date of entry under expiration of anyinsurance requireu by this License,it will deliver to
this License,reasonable wear and tear-excepted. the Licensor's local representative a certificate of insurance or a certi-
h. The Licensee shall be liable for any loss of, or damage to,the fled copy of each renewal policy to cover the same risks.
' premises or facilities incurred as a result of its use and shall make such k. No member of or Delegate to Congress, or Resident Comm'-
restoration or repair,or monetary compensation as may be directed by sioner shall be admitted to any share or part of this License or to any
the Licensor.The Licensee's liability for loss or damage to the premises benefit that may arise therefrom; but this provision shall not be con-
resulting from risks expressly required to be insured hereunder shall not strued to extend to this License if made with a corporation for its general
exceed the amount of insurance so required.The Licensee shall not be benefit. •
liable for loss of,or damage to,the premises arising from causes beyond I. The Licensee warrants that it has not employed any person to
the control of the Licensee and occasioned by a risk not in fact covered solicit or secure this License upon any agreement for a commission,
by insurance and not customarily covered by insurance in the locality percentage. brokerage or contingent fee. Breach of this warranty shall
in which the premises are situated.Nothing contained herein,however. give the Government the right to annul this License or in its discretion
shall relieve the Licensee of liability with respect to any loss or damage to recover from the Licensee the amount of such commission,percent-
to the premises,not fully compensated for by insurance,which results age,brokerage or contingent fee in addition to the consideration herein
from willful misconduct,lack of good faith,or failure to exercise due set forth.This warranty shall not apply to commissions payable by the
diligence, on the part of the Licensee. All insurance required of the Licensee upon contracts or sales secured or made through bona fide
Licensee on the premises shall be for the protection of the Licensor and established commercial or selling agencies maintained by the Licensee
the Licensee against their respective risks and liabilities in connection for the purpose of securing business.
with the premises. Each policy of insurance against loss or damage to
Government property shall name the Licensee and the United•States of m. In connection with the performance of work under this License,
America, Department of the Navy, as the insured and shall contain a the Licensee agrees not to discriminate against any employee or appli.
loss payable clause reading substantially as follows: cant for employment because of race.religion,color,or national origin.
"Loss, if any; under this policy shall be adjusted.with (Name of The aforesaid provision shall include, but not be limited lo, the j
Licensee) and the proceeds, at the direction of the Government, following: employment,upgrading,'demotion,or transfer;recruitment • .ry
shall be payable to (Name of Licensee), and proceeds not paid to or recruitment advertising;layoff or termination;rates of pay or other
(Name of Licensee)shall be payable to the Treasurer of the United forms of compensation;and selection Cot training,including apprentice- ''
ship.The Licensee agrees to post hereafter in conspicuous places avail- nr.
Stales of America." p g f p p ,
In the event that any item or part of the premises or facilities shall able for employees and applicants for employment,notices to be pro- - ss .
vided by the Licensor setting forth the provisions of the nondiscrimina- j"
require repair,rebuilding or replacement resulting from loss or damage, - yi)
the risk of which is assumed under this paragraph h,the Licensee shall
tion clause.The Licensee further agrees to insert the foregoing provision •
promptly give notice thereof to the licensor and,to the extent of its in all subcontracts hereunder, except subcontracts for standard corn-
either corn- merical supplies or raw materials.
liability as provided in this paragraph,shall,upon demand, 'z5s
pensate the Government for such loss or damage,or rebuild,replace or n. All activities authorized hereunder shall be subject to such rules
repair the item or items of the premises or facilities so lost or damaged, and regulations as regards supervision or otherwise,as may,from time
as the the Licensor may elect. If the cost of such repair, rebuilding, or to lime, be prescribed by the local representative of the Licensor as
replacement exceeds the liability of the Licensee for such loss or designated in Item 5a.
HAVFAC 1101112916-75) (Bark/
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