HomeMy WebLinkAboutC-7684-2 - License Agreement for 1901 Bayside Drive - Boat SlipsORANGE COUNTY BOARD OF SUPERVISORS
K5 I h,l li ll tl t 3 t
January 08, 2014
Submitting,gencylDejrartment: County Executive Office
Adopt resolution delegating authority to Chief Real Estate Officer or designee to execute revenue leases and licenses of
County property that meet specific criteria and perform other activities; direct Chief Real Estate Officer or designee to
submit an annual report to the Board; and make California Environmental Quality Act and other findings - All Districts
The following is action taken by the Board of 8uperuisorsr
APPROVED AS RECOMMENDED N OTHER 17
Unanimous ❑ (1) DO: N (2) STEEL: Y (3) VACANT: (4) CHAFFEE; Y (5) BARTLETT: Y
Yate Key: Y Yes; N—No; A—Abstain; X=Excused; B. D. =Board Order
Documents accompanying this matter;
13 Resolution(s) 19-002
❑ Ordinances(s)
❑ Contract(s)
Item No. 23
Special Notes:
Copies sent to-
CEO/Real EvIate
Thomas Miller
1/11/19
--A
1 certify that the foregoing is a true and correct copy of the Minute Order adopted
by the Board of Supervisors, Orange County, State of California.
Rohl n-Sdeler, Clerk of the Board
Deputy
1
RESOLUTION OF THE HOARD OF SUPERVISORS
ORANGE COUNTY, CALIFORNIA
January 8, 2019
WHEREAS, Government Code Section 25537 provides that a county board of
supervisors may delegate to county officers the authority to grant leases or licenses on
any real property belonging to, leased by, or licensed by, the county when the lease or
license duration does not exceed ten (10) years and the minimum monthly rental or
license fee has been established by the board;
WHEREAS, Government Code Section 25537 provides that a county officer's authority
granted pursuant to that section may not be effective for more than five (5) years;
WHEREAS, Orange County Codified Ordinance section 1-4-154 allows such authority to
be delegated by resolution; and
WHEREAS, your honorable Board, previously authorized the Chief Real Estate Officer
or designee to execute leases and licenses in the amounts prescribed by law pursuant to
Resolution No. 14-014, which authority expires on January 27, 2019,
NOW THEREFORE, BE IT RESOLVED BY the Board of Supervisors of the
County of Orange, California that:
1. In accordance with Orange County Codified Ordinance section 1-4-154 and
Government Code Section 25537, leases or licenses of county real property for a
duration not exceeding ten (10) years and having an estimated monthly rental or
license fee not exceeding fifteen thousand dollars ($15,000), where the lease or
license is not renewable, shall be excluded from the specified bidding procedure;
and the authority to execute such agreements is hereby delegated to the Chief
Real Estate Officer, or designee.
2. Notice of intent to lease or license property pursuant to paragraph 1 of this
Resolution shall be given to housing sponsors, as defined by Sections 50074 and
50074.5 of the Health and Safety Code, if the lease or license involves residential
real property and, at least fifteen (15) days prior to accepting offers to lease or
license pursuant to this Resolution, to persons who have filed a written request for
notice with the Clerk of the Board, The notice shall describe the property
proposed to be leased or licensed, the terms of the lease or license, the location
where offers to lease or license the property will be accepted, the location where
the lease or license will be executed, and any county officer authorized to execute
the lease or license.
3. Pursuant to this Resolution, the Chief Real Estate Officer, or designee is
authorized to detennine fair market rent or license fee, establish criteria to
determine tenant'sllicensee's ability to pay, advertise the availability of property,
Resolution No. 19-002, Item No. 23
Delegated Authority for Leases and Licenses
select tenant or licensee, negotiate, and execute and or amend leases and licenses
and related documents, upon review by County Counsel.
4. The Chief Real Estate Officer, or designee, executing such lease or license, shall
provide a notice to the supervisorial district office in which the property proposed
to be leased or licensed is located, at least five (5) working days prior to execution
of the lease or license. The notice shall describe the property proposed to be
leased or licensed, the terms and conditions of the lease or license, and the name
of the proposed lessee or licensee. If the supervisorial district has not responded in
writing objecting to the proposed lease or license within five (5) working days
after the notice has been provided, the proposed lease or license shall be deemed
approved by the district office. If the supervisorial district office objects to the
proposed lease or license in writing within five (5) working days, the lease or
license may be submitted for approval by the Board of Supervisors at a regular
meeting.
5. The Manager, CEO/Risk Management is authorized to waive requirements for
insurance in the lease or license agreements if the Manager, CEO/Risk
Management deems such insurance, or any portion thereof, is unnecessary to
adequately protect the County's interest with respect to the proposed use of and
activities on and about said property.
6. The delegated authority herein shall be effective for five (5) years.
Resolution No. 19-002, Item No. 23
Delegated Authority for Leases and Licenses
The foregoing was passed and adopted by the following vote of the Orange County Board of
Supervisors, on January 08, 2019, to wit:
AYES:
Supervisors:
NOES:
Supervisor(s):
EXCUSED:
Supervisor(s):
ABSTAINED:
Supervisor(s):
STATE OF CALIFORNIA }
}
COUNTY OF ORANGE }
LISA A. BARTLETT, MICHELLE STEEL, DOUG CHAFFEE
ANDREW DO
7
CHAffQ AN
I, ROBIN STIELER, Clerk of the Board of Orange County, California, hereby certify that
a copy of this document has been delivered to the Chairman of the Board and that the above and
foregoing Resolution was duly and regularly adopted by the Orange County Board of Supervisors
IN WITNESS WHEREOF, I have hereto set my hand and seal.
Resolution No: 19-002
Agenda Date: 01/08/2019
Item No: 23
r
ROB 1 ,STIELER
Clerk the Board
County of Orange, State of California
I oar* that the ibregoing is a am and correct copy of the
Resolution adopted by the Board of supervisors, Orange County,
State of California
Robin Stieler, Clerk of the Board of Supervisors
By:
Deputy __---------
•-251
• HA55D
Harbor Patrol Complex
1901 Bayside Drive
Corona del Mar, CA 92625
City of Newport Beach Lifeguard Operations
LICENSE AGREEMENT
THIS LICENSE AGREEMENT ("License") is made and entered into ':��i�_ 3 2019
("Effective Date"), by and between CITY OF NEWPORT BEACH, a municipal corporation (hereinafter
referred to as "Licensee") and the COUNTY OF ORANGE, a political subdivision of the State of California
(hereinafter referred to as "County" or "Licensor"), without regard to number and gender. County and
Licensee may sometimes hereinafter be referred to individually as "Party" or jointly as "Parties."
1. DEFINITIONS (SRLic-1.0 S)
The following words in this License shall have the significance attached to them in this Clause 1
(DEFINITIONS), unless otherwise apparent from context:
"Board of Supervisors" means the Board of Supervisors of the County of Orange, a political subdivision of
the State of California.
"CEO/Office of Risk Management" means the Risk Manager, County Executive Office, Risk Management,
County of Orange, or designee, or upon written notice to Licensee, such other person or entity as shall be
designated by the County Executive Officer or the Board of Supervisors.
"Chief Real Estate Officer" means the Chief Real Estate Officer, County Executive Office, Real Estate
Section, County of Orange, or upon written notice to Licensee, such other person as shall be designated by
the County Executive Officer.
"County Executive Officer" means the County Executive Officer, County Executive Office, County of
Orange, or designee, or upon written notice to Licensee, such other person or entity as shall be designated by
the Board of Supervisors.
"Director of OCPW" means the Director of Orange County Public Works for the County of Orange, or
upon written notice to Licensee, such entity as shall be designated by the County Executive Officer or the
Orange County Board of Supervisors.
2. LICENSE AREA (SRLic-1.1 S)
County grants to Licensee the right to use that certain property located at 1901 Bayside Drive, Corona del
Mar, California, as shown in Exhibit A, which exhibit is attached hereto and by reference made a part hereof
(hereinafter referred to as the "License Area"), together with non-exclusive, in common use of gangways,
driveways, and pedestrian walkways appurtenant to the License Area. This right also includes reasonable
and non-exclusive right to access the License Area.
3. USE (SRLic-1.2 S)
Licensee's use of the License Area shall be limited to three (3) boat slips and garage area within the License
Area for use by Licensee's lifeguard patrol boats.
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Licensee agrees not to use the License Area for any other purpose nor to engage in or permit any other
activity within or from the License Area. Licensee further agrees not to conduct or permit to be conducted
any public or private nuisance in, on, or from the License Area, not to commit or permit to be committed
waste on the License Area, and to comply with all governmental laws and regulations in connection with its
use of the License Area.
NO ALCOHOL, TOBACCO, OR MARIJUANA PRODUCTS SHALL BE SOLD FROM OR CONSUMED
WITHIN THE LICENSE AREA. DRINKING ALCOHOLIC BEVERAGES AND SMOKING OF ANY
KIND IS PROHIBITED INSIDE ANY BUILDING WITHIN THE LICENSE AREA.
4. COUNTY'S USE RESERVATIONS AND RIGHT OF ENTRY (1.3 S)
County reserves the right from time to time, without unreasonable interference, to access and use the License
Area for County use as well as to confirm that Licensee is using the License Area consistent with those uses
articulated in Clause 3 (USE). Licensee shall cooperate with County during County's access and use of the
License Area. County shall make best efforts to notify Licensee prior to accessing and using the License
Area.
5. PARKING (SRLic-1.4 S) -intentionally omitted
6. TERMINATION OF PRIOR AGREEMENTS (SRLic-1.5 S) - intentionally omitted
7. TERM (SRLic-1.6 S)
This License shall commence on the Effective Date first written above and continue in effect for a period of
ten (10) years ("Term") or as otherwise terminated in accordance with Clause 8 (TERMINATION) of this
License.
8. TERMINATION (SRLic-1.7 S)
This License shall be revocable by either County or Licensee at any time; however, as a courtesy the
terminating Party will attempt to give thirty (30) days written notice to the other Party prior to the
termination date.
9. LICENSE FEE (SRLic-1.8 S)
In consideration for the valuable public services and benefits to the residents of the County of Orange to be
performed by Licensee pursuant to this License described in Clause 3 (USE) above, the License fee for
Licensee's use of the License Area shall be waived.
10. PAYMENT PROCEDURE (SRLic-1.9 S) - intentionally omitted
11. CHARGE FOR LATE PAYMENT (SRLic-2.0 S) - intentionally omitted
12. LICENSE ADMINISTRATIVE COST (SRLic-2.1 S) - intentionally omitted
13. MAINTENANCE OBLIGATIONS OF LICENSEE - CONDITIONS AND CARE OF LICENSE
AREA (SRLic-2.2 S)
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Licensee shall keep the License Area clean and in good repair during any time which Licensee, its agents,
employees, invitees or permittees use the License Area at its sole cost and expense. Except as otherwise
expressly set forth in this License, Licensee shall be responsible for all costs relating to the operation and
maintenance of the License Area.
14. UTILITIES AND JANITORIAL (SRLic-2.3 N)
Licensee shall be responsible for and pay an annual fee of one hundred and fifty dollars ($150.00) as the pro
rata share of utilities used on the License Area. Payment will be due and payable upon execution of this
agreement and the County of Orange will invoice Licensee annually thereafter.
15. CONSTRUCTION AND/OR ALTERATION BY LICENSEE (SRLic-2.4 S)
County's Consent. No structures, improvements, or facilities shall be constructed, erected, altered, or made
within the License Area without prior written consent of County. Any conditions relating to the manner,
method, design, and construction of said structures, improvements, or facilities fixed by the County as a
condition to granting such consent, shall be conditions hereof as though originally stated herein.
Strict Compliance with Plans and Specifications. All improvements constructed by Licensee within the
License Area shall be constructed in strict compliance with detailed plans and specifications approved by
County and to the extent applicable, in compliance with the requirements of California Public Contract Code
Section 22000 et seq., which requires those improvements to be constructed as if such improvements had
been constructed under the direction and supervision, or under the authority, of County.
16. OWNERSHIP OF IMPROVEMENTS (SRLic-2.5 S)
All improvements, exclusive of trade fixtures, constructed or placed within the License Area by Licensee
("Licensee Improvements") must, upon completion, be free and clear all liens, claims, or liability for labor or
material and at County's option shall be the property of County's at the termination of this License. County
retains the right to require Licensee, at Licensee's cost, to remove all of Licensee's Improvements located on
the License Area at the expiration or termination hereof. In the event that Licensee fails to remove said
Licensee Improvements within fifteen (15) days following receipt of written notice from County to do so, such
Licensee Improvements will be deemed abandoned and Licensee shall lose all right, title and interest in and
thereto, and County may elect (i) at Licensee's cost, to remove, demolish, or otherwise dispose of some or all
of such items or (ii) sell or make use of any or all such items.
17. MECHANICS LIENS OR STOP -NOTICES (SRLic-2.6 S)
Licensee shall at all times indemnify, defend with counsel approved in writing by County and save County
harmless from all claims, losses, demands, damages, cost, expenses, or liability costs for labor or materials in
connection with construction, repair, alteration, or installation of structures, improvements, equipment, or
facilities within the Premises, and from the cost of defending against such claims, including attorney fees and
costs.
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In the event a lien or stop notice is imposed upon the Premises as a result of such construction, repair,
alteration, or installation, Licensee shall either:
A. Record a valid Release of Lien, or
B. Procure and record a bond in accordance with Section 3143 of the Civil Code, which frees the
Premises from the claim of the lien or stop notice and from any action brought to foreclose the lien.
Should Licensee fail to accomplish either of the two optional actions above within fifteen (15) days after the
filing of such a lien or stop notice, the Licensee shall be in Licensee Default and shall be subject to
immediate termination.
18. OPERATIONAL REQUIREMENTS OF LICENSEE (SRLic-2.7 S)
Licensee shall, to the satisfaction of County, keep and maintain the License Area and all improvements of
any kind in good condition and in substantial repair, normal wear and tear excepted. It shall be Licensee's
responsibility to take all steps necessary or appropriate to maintain such standard of condition and repair.
Licensee expressly agrees to maintain the License Area in a safe, clean, wholesome, and sanitary condition,
to the complete satisfaction of County and in compliance with all applicable laws. Licensee further agrees to
provide approved containers for trash and garbage and to keep the License Area free and clear of rubbish and
litter. County shall have the right to enter upon and inspect the License Area at any time to verify
conformity with any terms and conditions of this License including cleanliness and safety.
Licensee shall designate in writing to County an on-site representative who shall be responsible for the day
to day operation and level of maintenance, cleanliness, and general order.
If Licensee fails to maintain or make repairs or replacements as required herein, County may notify Licensee
in writing of said failure. Should Licensee fail to correct the situation within three (3) business days
thereafter, County may make or cause to be made the necessary correction, and the cost thereof, including,
but not limited to, the cost of labor, materials, and equipment and administration, shall be paid by Licensee
within ten (10) days of receipt of a statement of said cost from County. County may, at County's option,
choose other remedies available herein, or by law.
Upon expiration or termination of the License, the License Area must be returned to its original condition
and the Licensee is solely responsible for any costs or damages.
19. INSURANCE (SRLic-2.8 S)
Licensee agrees to purchase all required insurance, or maintain a program of self-insurance, at Licensee's
expense and to deposit with the County certificates of insurance, including all endorsements required herein,
necessary to satisfy the County that the insurance provisions of this License have been complied with and to
keep such insurance coverage and the certificates and endorsements therefore on deposit with the County
during the entire term of this License.
Licensee agrees that Licensee shall not operate on the License Area at any time the required insurance is not
in full force and effect as evidenced by a certificate of insurance and necessary endorsements or, in the
interim, an official binder being in the possession of the County. In no cases shall assurances by Licensee,
its employees, agents, including any insurance agent, be construed as adequate evidence of insurance. The
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County will only accept valid certificates of insurance and endorsements, or in the interim, an insurance
binder as adequate evidence of insurance. Licensee also agrees that upon cancellation, termination, or
expiration of Licensee's insurance, County may take whatever steps are necessary to interrupt any operation
from or on the License Area until such time as the County reinstates the License.
If Licensee fails to provide the County with a valid certificate of insurance and endorsements, or binder at
any time during the term of the License, County and Licensee agree that this shall constitute a material
breach of the License. Whether or not a notice of default has or has not been sent to Licensee, said material
breach shall permit County to take whatever steps necessary to interrupt any operation from or on the
License Area, and to prevent any persons, including, but not limited to, members of the general public, and
Licensee's employees and agents, from entering the License Area until such time as the Chief Real Estate
Officer is provided with adequate evidence of insurance required herein. Licensee further agrees to hold
County harmless for any damages resulting from such interruption of business and possession, including, but
not limited to, damages resulting from any loss of income or business resulting from the County's action.
Licensee may occupy the License Area only upon providing to County the required insurance stated herein
and maintain such insurance for the entire term of this License. County reserves the right to terminate this
License at any time Licensee's insurance is canceled or terminated and not reinstated within ten (10) days of
said cancellation or termination. Licensee shall pay County a fee of two hundred dollars ($200.00) for
processing the reinstatement of the License. Licensee shall provide to County immediate notice of said
insurance cancellation or termination.
All contractors performing work on behalf of Licensee pursuant to this License shall obtain insurance subject
to the same terms and conditions as set forth herein for Licensee. Licensee shall not allow contractors or
subcontractors to work if contractors have less than the level of coverage required by the County from the
Licensee under this License. It is the obligation of the Licensee to provide written notice of the insurance
requirements to every contractor and to receive proof of insurance prior to allowing any contractor to begin
work within the License Area. Such proof of insurance must be maintained by Licensee through the entirety
of this License and be available for inspection by a County representative at any reasonable time.
All self-insured retentions (SIRs) shall be clearly stated on the Certificate of Insurance. If Licensee is self-
insured, Licensee, in addition to, and without limitation of, any other indemnity provision(s) in this License,
agrees to all of the following:
1) In addition to the duty to indemnify and hold the County harmless against any and all liability, claim,
demand or suit resulting from Licensee's, its agents, employee's or subcontractor's performance of
this Agreement, Licensee shall defend the County at its sole cost and expense with counsel approved
by Board of Supervisors against same; and
2) Licensee's duty to defend, as stated above, shall be absolute and irrespective of any duty to
indemnify or hold harmless; and
3) The provisions of California Civil Code Section 2860 shall apply to any and all actions to which the
duty to defend stated above applies, and the Licensee's SIR provision shall be interpreted as though
the Licensee was an insurer and the County was the insured.
If the Licensee fails to maintain insurance acceptable to the County for the full term of this License, the
County may terminate this License.
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Qualified Insurer
The policy or policies of insurance must be issued by an insurer with a minimum rating of A- (Secure A.M.
Best's Rating) and VIII (Financial Size Category as determined by the most current edition of the Best's Key
Rating Guide/Property-Casualty/United States or ambest.com). It is preferred, but not mandatory, that
the insurer be licensed to do business in the state of California (California Admitted Carrier).
If the insurance carrier does not have an A.M. Best Rating of A -/VIII, the CEO/Office of Risk Management
retains the right to approve or reject a carrier after a review of the company's performance and financial
ratings.
The policy or policies of insurance maintained by the Licensee shall provide the minimum limits and
coverage as set forth below:
Coverages
Commercial General Liability
Automobile Liability including coverage
for owned, non -owned and hired vehicles
Workers' Compensation
Employers' Liability Insurance
Required Coverage Forms
Minimum Limi
$1,000,000 per occurrence
$2,000,000 aggregate
$1,000,000 limit per occurrence
Statutory
$1,000,000 per occurrence
The Commercial General Liability coverage shall be written on Insurance Services Office (ISO) form CG 00
01, or a substitute form providing liability coverage at least as broad.
The Business Auto Liability coverage shall be written on ISO form CA 00 01, CA 00 05, CA 00 12, CA 00
20, or a substitute form providing liability coverage at least as broad.
Required Endorsements
The Commercial General Liability policy shall contain the following endorsements, which shall accompany
the Certificate of insurance:
1) An Additional Insured endorsement using ISO form CG 20 26 04 13 or a form at least as
broad naming the County of Orange, its elected and appointed officials, officers,
employees, agents as Additional Insureds. Blanket coverage may also be provided which
will state- As Required By Written Agreement.
2) A primary non-contributing endorsement using ISO form CG 20 01 04 13, or a form at least
as broad, evidencing that the Licensee's insurance is primary and any insurance or self-
insurance maintained by the County of Orange shall be excess and non-contributing.
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The Workers' Compensation policy shall contain a waiver of subrogation endorsement waiving all rights of
subrogation against the County of Orange, its elected and appointed officials, officers, agents and
employees. Blanket coverage may also be provided which will state- As Required By Written Agreement.
All insurance policies required by this license shall waive all rights of subrogation against the County of
Orange, its elected and appointed officials, officers, agents and employees when acting within the scope
of their appointment or employment.
Licensee shall notify County in writing within thirty (30) days of any policy cancellation and ten (10) days
for non-payment of premium and provide a copy of the cancellation notice to County. Failure to provide
written notice of cancellation may constitute a material breach of the LICENSE, upon which the County may
suspend or terminate this LICENSE.
The Commercial General Liability policy shall contain a severability of interests clause, also known as a
"separation of insureds" clause (standard in the ISO CG 001 policy).
Insurance certificates should be forwarded to the County address provided in the Clause 48 (NOTICES)
below or to an address provided by the Chief Real Estate Officer. Licensee has ten (10) business days to
provide adequate evidence of insurance or this License may be cancelled.
County expressly retains the right to require Licensee to increase or decrease insurance of any of the above
insurance types throughout the term of this License. Any increase or decrease in insurance will be as deemed
by County of Orange Risk Manager as appropriate to adequately protect County.
County shall notify Licensee in writing of changes in the insurance requirements. If Licensee does not
deposit copies of acceptable certificates of insurance and endorsements with County incorporating such
changes within thirty (30) days of receipt of such notice, this License may be in breach without further
notice to Licensee, and County shall be entitled to all legal remedies.
The procuring of such required policy or policies of insurance shall not be construed to limit Licensee's
liability hereunder nor to fulfill the indemnification provisions and requirements of this License, nor in
any way to reduce the policy coverage and limits available from the insurer.
20. INDEMNIFICATION (SRLic-2.9 S)
Licensee's Indemnity. Licensee hereby agrees to indemnify, hold harmless, and defend County, its officers,
agents, and employees, with counsel approved by County, against any and all claims, loss, demands,
damages, cost, expenses or liability arising out of the ownership, maintenance, or use of the Premises, except
for liability arising out of the concurrent active or sole negligence of County, its officers, agents, or
employees, including the cost of defense of any lawsuit arising therefrom. In the event County is named as
co-defendant, Licensee shall notify County of such fact and shall represent County, with counsel approved
by County, in such legal action unless County undertakes to represent itself as co-defendant in such legal
action, in which event Licensee shall pay to County its reasonable litigation costs, expenses and attorney's
fees. In the event judgment is entered against County and Licensee because of the concurrent active
negligence of County and Licensee, their officers, agents, or employees, an apportionment of liability to pay
such judgment shall be made by a court of competent jurisdiction. Neither Party shall request a jury
apportionment.
County's Non -liability. County shall not be liable to Licensee and Licensee hereby waives all claims against
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County, its employees and agents for loss of or damage to any property, or any injury to any person,
resulting from any condition including, but not limited to, acts or omissions (criminal or otherwise) of third
parties, or their agents, employees or invitees, fire, explosion, falling plaster, steam, gas, electricity, water or
rain which may leak or flow from or into any part of the Premises or from the breakage, leakage, obstruction
or other defects of the pipes, sprinklers, wires, appliances, plumbing, air conditioning, electrical works or
other fixtures in the Premises, regardless of the negligence of County, its agents or any and all affiliates of
County in connection with the foregoing. It is understood that any such condition may require the temporary
evacuation or closure of all or a portion of the Premises. Should Licensee elect to receive any service from a
concessionaire, licensee or third party tenant of County, Licensee shall not seek recourse against County for
any breach or liability of that service provider. Notwithstanding anything to the contrary contained in this
License, in no event shall County be liable for Licensee's loss or interruption of business or income
(including without limitation, Licensee's consequential damages, lost profits or opportunity costs), or for
interference with light or other similar intangible interests. Licensee shall immediately notify County in case
of fire or accident in the Premises and of defects in any improvements or equipment within the Premises.
Waiver of Subrogation. County and Licensee each hereby waives all rights of recovery against the other on
account of loss and damage occasioned to the Premises of such waiving Party to the extent that the waiving
Party is entitled to proceeds for such loss and damage under any property insurance policies carried or
otherwise required to be carried by this License; provided however, that the foregoing waiver shall not apply
to the extent of Licensee's obligation to pay deductibles under any such policies and this Lease. By this
waiver it is the intent of the Parties that neither County nor Licensee shall be liable to any insurance
company (by way of subrogation or otherwise) insuring the other Party for any loss or damage insured
against under any property insurance policies, even though such loss or damage might be occasioned by the
negligence of such Party, its agents, employees, contractors or invitees.
Licensee acknowledges that it is familiar with the language and provisions of California Civil Code Section
1542, which provides as follows:
A general release does not extend to claims which the creditor does not know or suspect to exist in his favor
at the time of executing the release, which, if known by him, must have materially affected his settlement
with the debtor.
Licensee, being aware of and understanding the terms of Section 1542, hereby waives all benefit of its
provisions to the extent described in this paragraph, with such waiver being limited only to claims arising out
of or related to this License.
21. HAZARDOUS MATERIALS (SRLic-3.0 S)
Definition of Hazardous Materials. For purposes of this License, the term "Hazardous Material" or
"Hazardous Materials" shall mean any hazardous or toxic substance, material, product, byproduct, or
waste, which is or shall become regulated by any governmental entity, including, without limitation, the
County acting in its governmental capacity, the State of California or the United States government.
Use of Hazardous Materials. Licensee or Licensee's employees, agents, independent contractors or invitees
(collectively "Licensee Parties") shall not cause or knowingly permit any Hazardous Materials to be
brought upon, stored, kept, used, generated, released into the environment or disposed of on, under, from or
about the License Area (which for purposes of this Clause shall include the subsurface soil and ground
water). Notwithstanding the foregoing, Licensee may keep on or about the License Area small quantities of
Hazardous Materials which are customarily used in connection with any permitted use of the License Area
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under this License (which Hazardous Materials shall be used and disposed of in compliance with all
applicable Laws).
Licensee Obligations. If the presence of any Hazardous Materials on, under or about the License Area caused
or permitted by Licensee or Licensee Parties results in (i) injury to any person, (ii) injury to or contamination
of the License Area (or a portion thereof), or (iii) injury to or contamination of any adjacent real or personal
property, Licensee, at its sole cost and expense, shall promptly take all actions necessary or appropriate to
return the License Area to the condition existing prior to the introduction of such Hazardous Materials to the
License Area and to remedy or repair any such injury or contamination. Without limiting any other rights or
remedies of County under this License, Licensee shall pay the cost of any cleanup or remedial work
performed on, under, or about the License Area as required by this License or by applicable laws in
connection with the removal, disposal, neutralization or other treatment of such Hazardous Materials caused
or permitted by Licensee or Licensee Parties. Notwithstanding the foregoing, Licensee shall not take any
remedial action in response to the presence, discharge or release, of any Hazardous Materials on, under or
about the License Area caused or permitted by Licensee or Licensee Parties, or enter into any settlement
agreement, consent decree or other compromise with any governmental or quasi -governmental entity without
first obtaining the prior written consent of the Chief Real Estate Officer. All work performed or caused to be
performed by Licensee as provided for above shall be done in good and workmanlike manner and in
compliance with plans, specifications, and other requirements for such work reasonably approved by County.
22. BEST MANAGEMENT PRACTICES (SRLic-3.1 S)
Licensee and all of its agents, employees and contractors shall conduct operations under this License so as to
assure that pollutants do not enter municipal storm drain systems which systems are comprised of, but are
not limited to curbs and gutters that are part of the street systems ("Stormwater Drainage System"), and to
ensure that pollutants do not directly impact "Receiving Waters" (as used herein, Receiving Waters include,
but are not limited to, rivers, creeks, streams, estuaries, lakes, harbors, bays and oceans).
The Santa Ana and San Diego Regional Water Quality Control Boards have issued National Pollutant
Discharge Elimination System permits ("Stormwater Permits") to the County of Orange, and to the Orange
County Flood Control District and cities within Orange County, as co -permittees (hereinafter collectively
referred to as "County Parties") which regulate the discharge of urban runoff from areas within the County
of Orange, including the License Areas and Access Area under this License. The County Parties have
enacted water quality ordinances that prohibit conditions and activities that may result in polluted runoff
being discharged into the Stormwater Drainage System.
To assure compliance with the Stormwater Permits and water quality ordinances, the County Parties have
developed a Drainage Area Management Plan ("DAMP") which includes a Local Implementation Plan
("LIP") for each jurisdiction that contains Best Management Practices ("BMPs") that parties using
properties within Orange County must adhere to. As used herein, a BMP is defined as a technique, measure,
or structural control that is used for a given set of conditions to manage the quantity and improve the quality
of storm water runoff in a cost effective manner. These BMPs are found within the County's LIP in the form
of Model Maintenance Procedures and BMP Fact Sheets (the Model Maintenance Procedures and BMP Fact
Sheets contained in the DAMP/LIP shall be referred to hereinafter collectively as "BMP Fact Sheets") and
contain pollution prevention and source control techniques to eliminate non -storm water discharges and
minimize the impact of pollutants on stormwater runoff.
BMP Fact Sheets that apply to uses authorized under this License include the BMP Fact Sheets found at:
http://ocwatersheds.com/documents/bMR. These BMP Fact Sheets may be modified during the term of the
License; and the Director of OCPW shall provide Licensee with any such modified BMP Fact Sheets.
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Licensee, agents, contractors, representatives and employees and all persons authorized by Licensee to
conduct activities on the License Area shall, throughout the term of this License, comply with the BMP Fact
Sheets as they exist now or are modified, and shall comply with all other requirements of the Stormwater
Permits, as they exist at the time this License commences or as the Stormwater Permits may be modified.
The BMPs applicable to uses authorized under this License must be performed as described within all
applicable BMP Fact Sheets.
Licensee may propose alternative BMPs that meet or exceed the pollution prevention performance of the
BMP Fact Sheets. Any such alternative BMPs shall be submitted to the Director of Orange County Public
Works for review and approval prior to implementation.
The Chief Real Estate Officer or authorized representative may enter the License Area and Access Area
and/or review Licensee's records at any time to assure that activities conducted on the License Area and
Access Area comply with the requirements of this Clause 22 (BEST MANAGEMENT PRACTICES).
Licensee may be required to implement a self-evaluation program to demonstrate compliance with the
requirements of this Clause 22.
23. WATER QUALITY MANAGEMENT PLAN (SRLic-3.2 S)
While the Licensee is permitted to use the existing sewer and drainage system within the License Area and
Access Area for outflows permitted under applicable law, County reserves the right to require Licensee to
participate in a water quality management plan to minimize impacts on Harbor and ocean waters. Said water
quality management plan shall be implemented by the Director of Orange County Public Works.
Notwithstanding the foregoing, if County requires Licensee to participate in a Harbor -wide water quality
management plan, the equitable share of the costs associated therewith which are allocated to the License
Area and Access Area shall be amortized over the useful life of any water, drainage, sewer, or other
improvements to be constructed pursuant thereto, and Licensee shall be responsible for the portion of such
amortized costs which relate to the remaining term of the License including any options for extended terms
of the License whether or not such options have yet been exercised.
24. LIMITATION OF THE LICENSE (SRLic-3.3 N)
This License and the rights and privileges granted Licensee in and to the License Area are subject to all
covenants, conditions, restrictions, and exceptions of record or apparent, including those which are set out in
the Tidelands Grant by the State of California to the County of Orange (Chapter 526 of the Statutes of 1919,
Chapter 575 of the Statutes of 1929, and Chapter 415 of the Statutes of 1975, State of California), which is
attached hereto as Exhibit B and by this reference made a part hereof. Nothing contained in this License or in
any document related hereto shall be construed to imply the conveyance to Licensee of rights in the License
Area which exceed those owned by County, or any representation or warranty, either express or implied,
relating to the nature or condition of the License Area or County's interest therein. Licensee has accepted
the License Area in its "as is"/"where is" condition.
25. UNLAWFUL USE (SRLic-3.4 S)
Licensee agrees no improvements shall be erected, placed upon, operated, nor maintained on the License
Area, nor any business conducted or carried on therein or therefrom, in violation of the terms of this License,
or of any regulation, order of law, statute, bylaw, or ordinance of a governmental agency having jurisdiction.
Further, all uses of the License Area by Licensee shall be conducted in accordance with all applicable law,
ordinance, or regulation, including but not limited to any "Environmental Laws." "Environmental Laws"
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means any federal, state or local statute, ordinance, rule, regulation, order, consent decree, judgment or
common-law doctrine, and provisions and conditions of permits, licenses and other operating authorizations
relating to (A) pollution or protection of the environment, including natural resources, (B) exposure of
persons, including employees, to Hazardous Materials or other products, raw materials, chemicals or other
substances, (C) protection of the public health or welfare from the effects of by-products, wastes, emissions,
discharges or releases of chemical substances from industrial or commercial activities, or (D) regulation of
the manufacture, use or introduction into commerce of chemical substances, including, without limitation,
their manufacture, formulation, labeling, distribution, transportation, handling, storage and disposal.
26. RESERVATIONS TO COUNTY (SRLic-3.5 S)
The License Area is accepted as is and where is by Licensee subject to any and all existing easements,
encumbrances and physical characteristics. Licensee acknowledges that except as specifically herein
provided, neither County nor any of its employees, agents, or representatives has made any representations,
warranties or agreements to or with Licensee on behalf of County as to any matters concerning the License
Area, access to the License Area, the present use thereof, or the suitability of Licensee's intended use of the
License Area. Without limiting County's rights with respect to the License Area, County reserves the right
to install, lay, construct, maintain, repair, and operate such sanitary sewers, drains, storm water sewers,
pipelines, manholes, and connections; water, oil, and gas pipelines; telephone and telegraph power lines;
and the appliances and appurtenances necessary or convenient in connection therewith, in, over, upon,
through, across, under, and along the License Area or any part thereof, and to enter the License Area for any
and all such purposes. County also reserves the right to grant franchises, easements, rights of way, and
permits in, over, upon, through, across, under, and along any and all portions of the License Area. No right
reserved by County in this Clause 26 shall be so exercised as to interfere unreasonably with Licensee's use
hereunder.
County agrees that rights granted to their parties by reason of this Clause 26 shall contain provisions that the
surface of the land shall be restored as nearly as practicable to its original condition upon the completion of
any construction. County further agrees that should the exercise of these rights temporarily interfere with
the use of any or all of the License Area by Licensee, any License Fee shall be reduced in proportion to the
interference with Licensee's use of the License Area.
27. NO ASSIGNMENT, SUBAGREEMENTS (SRLic-3.6 S)
The License granted hereby is personal to Licensee and any assignment of said license by Licensee,
voluntarily or by operation of law, shall automatically terminate the License granted hereby. Sublicenses or
subleases are not authorized under this License and any attempt by Licensee to create any such sublicense or
sublease shall be null and void and shall automatically terminate the License.
28. TAXABLE POSSESSORY INTEREST ASSESSMENTS (SRLic-3.7 S)
Should this License create any possessory interest which is subject to the payment of taxes levied on such
interest, it is understood and agreed that all assessments associated with said taxable possessory interest shall
be the full responsibility of the Licensee, and Licensee shall cause said assessments to be paid promptly.
29. LABOR CODE COMPLIANCE (SRLic-3.8 S)
Licensee acknowledges and agrees that all improvements or modifications required to be performed as a
condition precedent to the Effective Date of the term of this License or any such future improvements or
modifications performed by Licensee shall be governed by, and performed in accordance with, the
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provisions of Article 2 of Chapter 1, Part 7, Division 2 of the Labor Code of the State of California (Sections
1770, et seq.), as applicable. These provisions may be applicable to improvements or modifications costing
more than $1,000, unless an exception applies, including but not limited to the exception to the definition of
public works under § 1720.2.
Pursuant to the provisions of Section 1773 of the Labor Code of the State of California, Licensee shall
comply with the general prevailing rate of per diem wages and the general prevailing rate for holiday and
overtime work in the locality applicable to this License for each craft, classification, or type of workman
needed to execute the aforesaid improvements or modifications. The rates are available at the following
website: htty://www.dir.ca.gov/dlsr/DPreWageDetermination.htm from the Director of the State Department
of Industrial Relations. Licensee shall post a copy of such wage rates at the job site and shall pay the
adopted prevailing wage rates at all times for all improvements or modifications to be completed for County
within the License Area. Licensee shall comply with the provisions of Sections 1775 and 1813 of the Labor
Code.
As required by applicable law, Licensee shall maintain certified payroll records for all workers that will be
assigned to the improvements or modifications. Said payroll records shall contain, but not be limited to, the
complete name, address, telephone number, social security number, job classification, and prevailing wage
rate for each worker. Upon request Licensee shall provide the County updated certified payroll records for
all workers that shall include, but not be limited to, the weekly hours worked, prevailing hourly wage rates,
and total wages paid.
If Licensee neglects, fails, or refuses to provide said payroll records to the County, upon request, such
occurrence shall constitute an event of default of this License and County may, notwithstanding any other
termination provisions contained herein terminate this License upon written notice to Licensee.
30. RIGHT TO WORK AND MINIMUM WAGE LAWS (SRLic-3.9 S)
In accordance with the United States Immigration Reform and Control Act of 1986, Licensee shall require its
employees that directly or indirectly service the License Area or terms and conditions of this License, in any
manner whatsoever, to verify their identity and eligibility for employment in the United States. Licensee
shall also require and verify that its contractors or any other persons servicing the License Area or terms and
conditions of this License, in any manner whatsoever, verify the identity of their employees and their
eligibility for employment in the United States.
Pursuant to the United States of America Fair Labor Standard Act of 1938, as amended, and State of
California Labor Code, Section 1178.5, Licensee shall pay no less than the greater of the Federal or
California Minimum Wage to all its employees that directly or indirectly service the License Area, in any
manner whatsoever. Licensee shall require and verify that all its contractors or other persons servicing the
License Area on behalf of the Licensee also pay their employees no less than the greater of the Federal or
California Minimum Wage.
Licensee shall comply and verify that its contractors comply with all other Federal and State of California
laws for minimum wage, overtime pay, record keeping, and child labor standards pursuant to the servicing of
the License Area or terms and conditions of this License.
Notwithstanding the minimum wage requirements provided for in this Clause 30, Licensee, where
applicable, shall comply with the prevailing wage and related requirements pursuant to the provisions of
Section 1773 of the Labor Code of the State of California.
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31. SIGNS (SRLic-4.0 S)
Licensee agrees not to construct, maintain, or allow any signs, banners, flags, etc., upon License Area except
as approved by the Chief Real Estate Officer. Unapproved signs, banners, flags, etc., may be removed.
32. AUTHORITY (SRLic-4.1 S)
The persons executing the License below on behalf of County or Licensee warrant that they have the power
and authority to bind County or Licensee to this License.
33. LICENSE ORGANIZATION (SRLic-4.2 S)
The various headings and numbers herein, the grouping of provisions of this License into separate clauses
and paragraphs, and the organization hereof, are for the purpose of convenience only and shall not be
considered otherwise.
34. AMENDMENTS (SRLic-4.3 S)
This License is the sole and only agreement between the Parties regarding the subject matter hereof; other
agreements, either oral or written, are void. Any changes to this License shall be in writing and shall be
properly executed by both Parties.
35. PARTIAL INVALIDITY (SRLic-4.4 S)
If any term, covenant, condition, or provision of this License is held by a court of competent jurisdiction to
be invalid, void, or unenforceable, the remainder of the provisions hereof shall remain in full force and effect
and shall in no way be affected, impaired, or invalidated thereby.
36. WAIVER OF RIGHTS (SRLic-4.5 S)
The failure of Licensee or County to insist upon strict performance of any of the terms, covenants, or
conditions of this License shall not be deemed a waiver of any right or remedy that Licensee or County may
have, and shall not be deemed a waiver of the right or act as a legal bar to require strict performance of all
the terms, covenants, and conditions of the License thereafter, nor a waiver of any remedy for the subsequent
breach or default of any term, covenant, or condition of the License. Any waiver, in order to be effective,
must be signed by the Party whose right or remedy is being waived.
37. GOVERNING LAW AND VENUE (SRLic-4.6 S)
This agreement has been negotiated and executed in the State of California and shall be governed by and
construed under the laws of the State of California. In the event of any legal action to enforce or interpret
this agreement, the sole and exclusive venue shall be a court of competent jurisdiction located in Orange
County, California, and the Parties hereto agree to and do hereby submit to the jurisdiction of such court,
notwithstanding Code of Civil Procedure section 394.
38. ATTORNEYS' FEES (SRLic-4.7 S)
In the event of a dispute between County and Licensee concerning claims arising out of this License, or in
any action or proceeding brought to enforce or interpret any provision of this License or where any
provision hereof is validly asserted as a defense, each Party shall bear its own attorneys' fees and costs.
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39. TIME OF ESSENCE (SRLic-4.8 S)
Time is of the essence of this License Agreement. Failure to comply with any time requirements of this
License shall constitute a material breach of this License.
40. INSPECTION (SRLic-4.9 S)
County or its authorized representative shall have the right at all reasonable times to inspect the operation to
determine if the provisions of this License are being complied with.
41. INSPECTION OF LICENSE AREA BY A CERTIFIED ACCESS SPECIALIST (SRLic-5.0 S)
A Certified Access Specialist (CASp) can inspect the subject License Area and determine whether the
subject License Area comply with all of the applicable construction -related accessibility standards under
state law. Although state law does not require a CASp inspection of the subject License Area, the
commercial property owner or lessor may not prohibit the lessee or tenant from obtaining a CASp
inspection of the subject License Area for the occupancy or potential occupancy of the licensee, if requested
by the licensee. The Parties shall mutually agree on the arrangements for the time and manner of the CASp
inspection, the payment of the fee for the CASp inspection, and the cost of making any repairs necessary to
correct violations of construction -related accessibility standards within the License Area.
Pursuant to California Civil Code 1938, County hereby represents that the License Area has not undergone
an inspection by a certified access specialist and no representations are made with respect to compliance
with accessibility standards. If it is determined during this tenancy that a violation of handicapped access
laws (including the Americans with Disabilities Act) exists at the License Area, County shall correct such
non-compliance at County's cost.
42. PERMITS AND LICENSES (SRLic-5.1 S)
Licensee shall be required to obtain and maintain throughout the Term of this License any and all permits
and/or licenses which may be required in connection with the operation of the License Area as set out herein.
No permit, approval, or consent given hereunder by County, in its governmental capacity, shall affect or
limit Licensee's obligations hereunder, nor shall any approvals or consents given by County, as a Party to
this License, be deemed approval as to compliance or conformance with applicable governmental codes,
laws, rules, or regulations.
43. PAYMENT CARD COMPLIANCE (SRLic-5.2 S)
Should Licensee conduct credit/debit card transactions in conjunction with their business with the County, on
behalf of the County, or as part of the business that they conduct, Licensee covenants and warrants that it is
currently Payment Card Industry Data Security Standard ("PCI DSS") and Payment Application Data
Security Standard ("PA DSS") compliant and will remain compliant during the entire duration of this
License. Licensee agrees to immediately notify County in the event Licensee should ever become non-
compliant, and will take all necessary steps to return to compliance and shall be compliant within ten (10)
days of the commencement of any such interruption.
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44. CONDITION OF LICENSE AREA UPON TERMINATION (SRLic-5.3 S)
Except as otherwise agreed to herein, upon termination of this License, Licensee shall redeliver possession of
said License Area to County in substantially the same condition that existed immediately prior to Licensee's
entry thereon, reasonable wear and tear, flood, earthquakes, war, and any act of war excepted.
45. DISPOSITION OF ABANDONED PERSONAL PROPERTY (SRLic-5.4 S)
If Licensee abandons the License Area or is dispossessed thereof by process of law or otherwise, title to any
personal property belonging to Licensee and left on the License Area ten (10) days after such event shall be
deemed, at County's option, to have been transferred to County. County shall have the right to remove and
to dispose of such personal property without liability therefor to Licensee or to any person claiming under
Licensee, and shall have no need to account therefor.
46. PUBLIC RECORDS (SRLic-5.5 S)
Any and all written information submitted to and/or obtained by County from Licensee or any other person
or entity having to do with or related to this License and/or the License Area, either pursuant to this License
or otherwise, at the option of County, may be treated as a public record open to inspection by the public
pursuant to the California Records Act (Government Code Section 6250, et seq.) as now in force or hereafter
amended, or any Act in substitution thereof, or otherwise made available to the public and Licensee hereby
waives, for itself, its agents, employees, sublicensees, and any person claiming by, through or under
Licensee, any right or claim that any such information is not a public record or that the same is a trade secret
or confidential information and hereby agrees to indemnify and hold County harmless from any and all
claims, demands, liabilities, and/or obligations arising out of or resulting from a claim by Licensee or any
third party that such information is a trade secret, or confidential, or not subject to inspection by the public,
including without limitation reasonable attorneys' fees and costs.
47. RELATIONSHIP OF PARTIES (SRLic-5.6 S)
The relationship of the parties hereto is that of Licensor and Licensee, and it is expressly understood and
agreed that County does not in any way or for any purpose become a partner of or a joint venture with
Licensee in the conduct of Licensee's business or otherwise, and the provisions of this License and the
agreements relating to rent payable hereunder are included solely for the purpose of providing a method by
which rental payments are to be measured and ascertained.
48. NOTICES (SRLic-5.7 S)
All written notices pursuant to this License shall be addressed as set forth below or as either Party may
hereafter designate by written notice and shall be deemed delivered upon personal delivery, delivery by
facsimile machine, electronic mail, or seventy-two (72) hours after deposit in the United States Mail.
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To: County
County of Orange
County Executive Office
333 West Santa Ana Blvd., 3rd Floor
Santa Ana, CA 92701-4084
Attn: Chief Real Estate Officer
To: Licensee
City of Newport Beach
Attn: Lifeguard Operations
Assistant Chief
100 Civic Center Drive
Newport Beach, CA 92660
49. ATTACHMENTS TO LICENSE (SRLic-5.8 S)
This License includes the following, which are attached hereto and made a part hereof:
I. EXHIBITS
Exhibit A — License Area
Exhibit B — Tidelands Grant
I/I
//
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IN WITNESS WHEREOF, the Parties have executed this License the day and year first above written.
APPROVED AS TO FORM:
OFFICE OF COUNTY COUNSEL
ORANGE COUNTY, CALIFORNIA
LICENSEE
CITY OF NEWPORT BEACH
A Municipal corporation
By gy
4-�
Dep tyl-- C#a,5A61K. Leung
Manager
Date�� q
COUNTY
COUNTY OF ORANGE
r
Byn"I(/Ll�
Thomas
A. Miller, Chief Real Estate Officer
County Executive Office
Per Resolution No. 19-002 and Minute Order dated
January 8, 2019 of the Board of Supervisors
Date
Date_ R)cw ! . ao l9'
ATTEST:
4/a
By K
Leilani I. Brown
City Clerk
Date �- 7/1,
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date: S= ((
By:
aron C. Harp, City Attorney
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EXHIBIT A
LICENSE AREA
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EXHIBIT B
TIDELANDS GRANT
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Exhibit B
CHAPTER 415
An act to amend Section 31 of Chapter 526, Statutes of 1919, and to
repeal Chapter 2044, Statutes of 1957, relating to sovereign lands
granted to the County of Orange in trust.
[Approved by Governor August 28. 1975 Filed with
Secretary of State .August 29. 19751
The people of the State of California do enact as folloics•
083 2711 330 837
Ch. 415 ] STATUTES OF 1975 893
SECTION 1. Section 1 of Chapter 526, Statutes of 1919, is
amended to read:
Section 1. There is hereby granted to the County of Orange and
to its successors all of the right, title and interest of the State of
California held by said state by virtue of its sovereignty in and to all
that portion of the tidelands and submerged lands, whether filled or
unfilled, bordering upon and under Newport Bay in the said County
of Orange, which were outside of the corporate limits of the City of
Newport Beach, a municipal corporation, on July 25, 1919, the same
to be forever held by said county and by its successors in trust for the
uses and purposes and upon the express conditions following, to wit:
(a) That said lands shall be used by said county and its successors
for purposes in which there is a general statewide interest as follows:
(1) For the establishment, improvement and conduct of a public
harbor, and for the construction, maintenance and operation
thereon of wharves, docks, piers, slips, quays, ways and streets, and
other utilities, structures and appliances necessary or convenient for
the promotion or accommodation of commerce and navigation,
provided that any such use of any portion of the lands described in
subdivision (a) of Section 2 shall be permitted only if such use is
compatible and does not unreasonably interfere with the use of any
portion of said lands for one of the purposes set forth in paragraph
(3) of subdivision (a) of this section.
(2) For the establishment, improvement and conduct of public
bathing beaches, public marinas, public aquatic playgrounds and
similar recreational facilities open to the general public, and for the
construction, reconstruction, repair, maintenance and operation of
all works, buildings, facilities, utilities, structures and appliances
incidental, necessary or convenient for the promotion and
accommodation of any such uses, provided that any such use of any
portion of the lands described in subdivision (a) of Section 2 shall be
permitted only if such use is compatible and does not unreasonably
interfere with the use of any portion of said lands for one of the
purposes set forth in paragraph (3) of subdivision (a) of this section.
(3) For the preservation, maintenance and enhancement of said
lands in their natural state and the reestablishment of the natural
state of said lands so that they may serve as ecological units for
scientific study, as open space and as environments which provide
food and habitat for birds and marine life, and which favorably affect
the scenery and climate of the area.
(b) Except as otherwise provided in this section, said county, or
its successors shall not, at any time, grant, convey, give or alienate
said lands, or any part thereof, to any individual, firm, or corporation
for any purposes whatever; provided, that said county or its
successors may grant franchises thereon for a period not exceeding
50 years for wharves and other public uses and purposes, and may
lease said lands or any part thereof for a period not exceeding 50
years for purposes consistent with the trust upon which said lands are
held by the State of California, and with the uses specified in this
section.
083 2711345 840
894 STATUTES OF CALIFORNIA ( Ch. 9415
(c) Said lands shall be improved without expense to the state;
provided, however, that nothing contained in this act shall preclude
expenditures for the development of said lands for any public
purpose not inconsistent with commerce, navigation and fishery, by
the state, or any board, agency or commission thereof, nor by the
county of any funds received for such purpose from the state or any
board, agency or commission thereof.
(d) In the management, conduct, operation and control of said
lands or any improvements, betterments, or structures thereon, the
county or its successors shall make no discrimination in rates, tolls or
charges for any use' or service in connection therewith,
(e) The State of California shall have the right to use without
charge any transportation, landing or storage improvements,
betterments or structures constructed upon said lands for any vessel
or other watercraft or railroad owned or operated by the State of
California.
(f) There is hereby reserved to the people of the State of
California the right to fish in the waters on said lands with the right
of convenient access to said water over said lands for said purpose,
which rights shall be subject to such rules and regulations as are
necessary for the accomplishment of the uses specified in subdivision
(a) of this section.
(g) There is hereby ehcepted and reserved in the State of
California all deposits of minerals, including oil and gas, in said lands,
and to the State of California, the right to prospect for, mine, and
remove such deposits from said lands; provided, however, that such
prospecting, mining, and removal shall not unreasonably interfere
with the use of the lands granted herein for the purposes set forth
in paragraph (3) of subdivision (a) of Section 1.
(h) Within 90 days of the effective date of the amendment of this
section at the 1975-76 Regular Session of the Legislature, the county
shall grant to the State of California, acting by and through the State
Lands Commission, such portions of said lands as are located within
the parcel of property described in subdivision (a) of Section 2, for
the establishment, and improvement and conduct of an ecological
reserve, or wildlife refuge, or both, and other compatible uses by the
Department of Fish and Game; provided, however, that if at any
time the Department of Fish and Game no longer uses such portions
of the lands so granted by the county to the State Lands Commission
for such a purpose the lands so granted shall revert to the county to
be held pursuant to the provisions of this grant. Forthwith upon
receipt of such a grant from the county to the State Lands
Commission, the State Lands Commission shall lease the lands so
granted to the Department of Fish and Game. The public benefit
shall be the sole consideration to be received by the State Lands
Commission from the Department of Fish and Game for said lease.
Any and all income received by the Department of Fish and Game
from the lands so leased shall be used only in connection with the
083 27 11363 844
Ch. 415 ] STATUTES OF 1975 895
department's improvement and administration of the leased lands.
For purposes of this subdivision, the term ecological reserve means
the definition given to the term in Sections 1580 to 1584, inclusive,
of the Fish and Game Code.
(i) The county may grant to the City of Newport Beach, a
municipal corporation, that portion of said lands which are described
in subdivision (b) of Section 2 (presently known as North Star
Beach) for the establishment, and improvement and conduct of a
public beach and related public facilities; provided, however, that if
at any time the City of Newport Reach no longer uses said portion
of said lands so granted by the county to the city of Newport Beach
for such a purpose the lands so granted shall revert to the county to
be held pursuant to the provisions of this grant. The use of any lands
conveyed by the county pursuant to the provisions of this subdivision
shall be compatible and not unreasonably interfere with any use of
adjacent lands in accordance with paragraph (3) of subdivision (a)
and subdivision (h) of this section.
(j) The provisions of Section 6359 of the Public Resources Code
shall not be applicable to this amendment of the grant to the county.
(k) The county shall establish a separate tidelands trust fund or
funds in such manner as may be approved by the State Lands
Commission and the county shall deposit in the fund or funds all
moneys received directly from, or indirectly attributable to, the
granted tidelands in the county.
(1) Notwithstanding any other provision of law to the contrary,
the county, acting either alone or jointly with another local or state
agency, may use revenues accruing from or out of the use of the
granted tidelands for any or all of the purposes set forth in this act.
(m) Such revenues may be deposited in one or more reserve
funds for use in accordance with the terms and conditions set forth
in this act.
(n) As to the accumulation and expenditure of revenues for any
single capital improvement on the granted lands involving an
amount in excess of two hundred fifty thousand dollars ($250,000) in
the aggregate, the county shall file with the State Lands Commission
a detailed description of such capital improvement not less than 90
days prior to the time of any disbursement therefor or in connection
therewith, excepting preliminary planning. The State Lands
Commission may, within 90 days after the time of such filing,
determine and notify the county that such capital improvement is
not in the statewide interest and benefit or is not authorized by the
provisions of subdivision (l) of this section. The State Lands
Commission may request the opinion of the Attorney General on the
matter, and if it does so, a copy of such opinion shall be delivered to
the county with the notice of its determination. In the event the
State Lands Commission notifies the county that such capital
improvement is not authorized, the county shall not disburse any
revenue for or in connection with such capital improvement, unless
and until it is determined to be authorized by a final order or
083 2711390 849
896 STATUTES OF CALIFORNIA [ Ch. 415
judgment of a court of competent jurisdiction. The county is
authorized to bring suit against the state for the purpose of securing
such an order or adjudication, which suit shall have priority over all
other civil matters. Service shall be made upon the Executive Officer
of the State Lands Commission and the Attorney General, and the
Attorney General shall defend the state in such suit. If judgment be
given against the state in such suit, no costs shall be recovered against
it.
(o) At the end of every third fiscal year, beginning June 30, 1977,
that portion of the county tideland trust revenues in excess of two
hundred fifty thousand dollars ($250,000) remaining after current
and accrued operating costs and expenditures directly related to the
operation or maintenance of tideland trust activities have been
made, shall be deemed excess revenues; provided that any funds
deposited in a reserve fund for future capital expenditures or any
funds used to retire bond issues for the improvement or operation of
the granted lands shall not be deemed excess revenue. Capital
improvements of the granted lands for purposes authorized by this
act, including such improvements which may be paid for by the
county from such revenues within the lands to be conveyed to the
state pursuant to this act, may be considered as expenditures for the
purposes of determining net revenues, provided, however, that if
made after the effective date of this act they may be so considered
only if made in accordance with subdivision (n) of this section.
The excess revenue, as determined pursuant to subdivision (n) of
this section, shall be divided as follows: 85 percent to the General
Fund in the State Treasury, and 15 percent to the county to be
deposited in the trust fund and used for any purpose authorized by
subdivision (1) of this section.
(p) The State Lands Commission, at the request of the county,
shall grant an extension of time, not to exceed 30 calendar days, for
filing any report or statemen t required by this act which was not filed
due to mistake or inadvertence.
(q) In the event that the county fails or refuses to file with the
State Lands Commission any report, statement, or document
required by any provision of this act, or any extension period granted
pursuant to this act, or fails or refuses to carry out the terms of this
act, the Attorney General shall, upon the request of the State Lands
Commission, bring such judicial proceedings for correction and
enforcement as are appropriate, and shall act to protect any
improvements to, or assets situated upon, the granted lands or
diverted therefrom. The State Lands Commission shall notify the
Chief Clerk of the Assembly and the Secretary of the Senate within
30 days of the occurrence of such failure or refusal and of actions
taken as a result thereof.
(r) The State Lands Commission shall, from time to time,
recommend to the Legislature such amendments as it may deem
necessary in the terms and conditions of this act.
(s) The State Lands Commission shall, from time to time, institute
0 83 27 11 400 851
Ch. 4151 STATUTES OF 1975 897
a formal inquiry to determine that the terms and conditions of this
act, and amendments thereto, have been complied with in good
faith.
(t) The State Lands Commission shall, on or before December
31st of each year, report to the Chief Clerk of the Assembly and to
the Secretary of the Senate, the full details of any transaction or
condition reported to the commission pursuant to this act which it
deems in probable conflict with the requirements of this act, or with
any other provision of law.
(u) The Attorney General, on request by resolution of either
house of the Legislature, or upon formal request of the State Lands
Commission made only after a noticed public hearing at which the
grantee has been given an opportunity to fully express any
disagreement with the commission's findings or to describe any
extenuating circumstances causing the violation, shall bring an
action in the Superior Court in the County of Orange to declare that
the grant under which the county holds such tidelands and
submerged lands is revoked for gross and willful violation of the
provisions of this act or other legislative enactment, or to compel
compliance with the terms and conditions of the grant and any other
provision of law including, but not limited to, this act.
(v) The county shall cause to be made and filed with the State
Lands Division, annually, a detailed statement of receipts and
expenditures by it of all rents, revenues, issues and profits in any
manner hereafter arising from the granted lands or any
improvements, betterments or structures thereon. The Department
of Fish and Game and City of Newport Beach, in lieu of the county,
shall establish such funds, make such deposits, and make such
statements as to any lands conveyed to said department and city
pursuant to subdivisions (h) and (i) of this section.
(w) The provisions of Public Resources Code Sections 6701 to
6706, inclusive, shall be applicable to this section.
SEC. 2. The land described in Section 1 includes the following:
(a) All those sovereign tidelands and submerged lands, whether
filled or unfilled, partly in the City of Newport Beach, all in the
County of Orange, State of California, being: Lots 1 and 2 of Section
23, Lot 1 of Section 25, Lots 1 and 2 of Section 26 all in Township 6
South, Range 10 West, San Bernardino Meridian, according to the
official plat of said land as shown on a map recorded in Book 3, page
7 of Miscellaneous Maps, records of said County; Tideland Patent No.
204, from the State of California recorded July 19, 1907 in Book 1,
page 245 of Patents, records of said County; Portions of Blocks 4, 5,
51, 52, 53, 55, 56 and 57 of Irvine's Subdivision, as per map filed in
Book 1, page 88, Miscellaneous Record Maps, records of said County,
included within the following described boundary and any other
land owned by grantor included within said boundary:
Beginning at the Northeast corner of Lot 12, Tract No. 4224, as
shown on a map filed in Book 157, pages 1 through 14, Miscellaneous
Maps, records of said Orange County; thence along the boundary of
083 2711420 855
898 STATUTES OF CALIFORNIA [ Ch. 415
said Tract the following described courses:
1. South 36° 37' 10" East 118.99 feet;
2. South 21° 22' 02" East 266.44 feet;
3 South IT 05' 01" East 103.13 feet;
4. South 4° 18' 23" East 214.74 feet;
5. South 4° 38' 29" East 190.28 feet;
6. South 20° 22' 24" East 193.47 feet;
7. South T 05'03' West 88.53 feet;
8. South 23° 28' 09" West 87.23 feet;
9. South 33° 22' 06" West 272.21 feet;
10. South 26° 11' 31" West 242.29 feet;
11. South 24° 24' 07" West 160.08 feet;
12. South 22° 36' 56" West 160.31 feet;
13. South 29° 28' 14" West 307.32 feet;
14. South 10° 19' 39" West 116.92 feet;
15. South W 11' 19" East 81.39 feet;
16. South 110 31' 25" East 80.01 feet;
17. South 210 04' 53" East 162.61 feet;
18. South 12° 00'06" East 80.02 feet to the Southeast corner Lot
45, said Tract No. 4224; thence leaving said boundary;
19. North 77° 33' 39" East 84.52 feet; thence
20. South 46° 35' 28" East 50.93 feet; thence
21. South 77° 44' 07" East 23.54 feet; thence
22. North 84° 48' 20" East 55.23 feet; thence
23. South 47° 24' 48" E. 59.44 feet to the intersection with a line
that is at right angles to the Northeasterly line of Lot 54, said
Tract No. 4224, and passes through the Northwesterly corner
of said Lot 54; thence
24. South 20° 08' 29" East 208.14 feet along said line to said
Northwesterly corner; thence along the boundary of said
Tract No. 4224 the following described courses:
25. North 690 51' 31" East 130.00 feet;
26. South 18° 07' 35" East 156.92 feet;
27. South r 33' 23" West 122.82 feet;
28. South 38° 25' 04" West 137.05 feet;
29. South 56° 24' 35" West 99.89 feet;
30. South 54° 05' 35" West 127.86 feet;
31. South 44° 44' 03" West 117.00 feet;
32. South 39° 43' 05" West 216.76 feet;
33 South 34" 18' 41" West 162.79 feet;
34. South 11° 26' 49" East 90.42 feet;
35 South 52° 53' 55" East 218.43 feet;
36. South 29 06' 02" East 252 56 feet;
37 South 20° 31' 44" East 59.20 feet;
38. South 24° 30' 02" East 299.33 feet;
39. South 33* 05' 39" East 204.70 feet;
40. South 18° 18' 25" West 213.42 feet;
41. South 9° 51' 31 " West 235 00 feet;
42. South 69° 21' 51" West 209.71 feet to the Southwesterly corner
0 83 2711435 W
Ch. 4151 STATUTES OF 1975 899
of Lot 80, said Tract No. 4224; thence leaving said boundary;
43. South 17° 08' 25" West 106.94 feet; thence
44. South 50° 25' 57" West 252.09 feet; thence
45. South 41° 32' 54" West 446.29 feet; thence
46. South 31° 18' 49" West 140.46 feet; thence
47. South 9° 30' 24" West 211.91 feet; thence
48. South 0° 40' 50" West 393.71 feet to Station No. 110 of the
Ordinary High Tide Line as described in the final decree
entered in Case No. 20436 Superior Court of said Orange
County, said Station being an angle point in the boundary of
said Tract No. 4224; thence
49. South 1° 53'04 " East 122.43 feet along said Ordinary High Tide
Line and boundary to Station No. Ill of said Ordinary High
Tide Line; thence leaving said Line and boundary
50. East 100.00 feet; thence
51. South 7" 43' 45" West 798.21 feet; thence
52. South 424.00 feet; thence
53 East 563.00 feet; thence
54. North 26° 19' 40" East 467.24 feet to a point in the most
Northerly line of the "Boat Launching Area" described in a
lease recorded in Book 7640, Page 298, said Official Records,
said point being South 82° 17'23" West 100 feet along said line
from Station No. 25 of said Ordinary High Tide Line; thence
55. North 82° 17' 23" East 100.00 feet along said line to said station;
thence
56. South 240 13'27" East 39.30 feet along said Ordinary High Tide
Line to the Northwesterly terminus of that certain 80.00 foot
strip of land described in a deed to the County of Orange for
Back Bay Drive, formerly Bayside Drive, recorded in Book
4288, page 216, Official Records of said Orange County;
thence
57. North 66° 17' 51" East 6.35 feet along said Northwesterly
terminus to a point on the Southwesterly right of way line of
Back Bay Drive, formerly Palisades Road, 40.00 feet wide, as
described in a deed to the County of Orange, recorded in
Book 1037, page 269, said Official Records, said point being
the beginning of a curve concave Easterly and having a radius
of 220.00 feet, a radial to said point bears South 66° 17' 51"
West; thence along said right of way line the following
described courses:
58. Northerly 147.87 feet along said curve through an angle of 38°
30' 40";
59 North 14° 48' 31" East 93 81 feet;
60. Northeasterly 157 19 feet along a 320 00 foot radius curve that
is concave Southeasterly through an angle of 28° 08' 40";
61. North 42° 57' 11" East 123.69 feet;
62 Northeasterly 64.82 feet along a 220.00 foot radius curve that
is concave Southeasterly through an angle of 16° 52' 50";
63. North 59° 50' 01" East 82.93 feet;
35--3168
083 27 11450 861
MY
STATUTES OF CALIFORNIA [ Ch. 415
64. Northeasterly 151.56 feet along a 230.00 foot radius curve that
is concave Northwesterly through an angle of 37° 45' 20"9-
65.
0";65. North 22" 04' 41" East 8.49 feet;
66. Northeasterly 374.10 feet along a 370.00 foot radius curve that
is concave :southeasterly through an angle 57° 55' 48";
67. North 80° 00' 29" East 97.75 feet;
68. Easterly 171.88 feet along a 1980.00 foot radius curve that is
concave Northerly through an angle of T 03' 38";
69, North 74° 56 51" East 116.34 feet;
70. Northeasterly 119.54 feet along a 330.00 foot radius curve that
is concave Northwesterly through an angle of 20° 45' 20";
71. 'North 54° 11' 31" East 28.69 feet;
72. Northeasterly 92.50 feet along a 230.00 foot radius curve that
is concave Northwesterly through an angle of 23° 02' 30';
73. North 31° 09' 01" East 37.97 feet;
74. Northeasterly 124.65 feet along a 620.00 foot radius curve that
is concave Southeasterly through an angle of 11° 31' 10";
75. North 42° 40' 11" East 19.36 feet;
76. Northeasterly 180.46 feet along a 780.00 foot radius curve that
is concave Northwesterly through an angle of 13° 15' 20')-
77.
0';77. North 29° 24' 51" East 110.51 feet;
78 Northeasterly 180.55 Feet along a 230 00 foot radius curve that
is concave Southeasterly through an angle of 44° 58' 40"2-
79.
0";79. forth 74° 23' 31" East 71.57 feet;
80. Northeaster ly 131.85 feet along a 180.00 foot radius curve that
is concave Northwesterly through an angle of 41° 58' 10';
81. North 32° 2;5' 21" East 98.40 feet;
82. Northeasterly 139.72 feet along a 580.00 foot radius curve that
is concave Northwesterly through an angle of 13° 48' 10'7-
83.
0';83. North 18° 37' 11" East 191.57 feet;
84. Northerly 190.95 feet along a 680.00 foot radius curve that is
concave Westerly through an angle of 16° 05' 20";
85. North 2° 31' 51" East 112.97 feet;
86. Northerly 171.90 feet along a 480 00 foot radius curve that is
concave Westerly through an angle of 20° 31' 10";
87 North 17° 59' 19" West 105.85 feet;
88 Northwesterly 219.44 feet along a 580.00 foot radius curve that
is concave Southwesterly through an angle of 21° 40' 40";
89 North 390 39' 59" West 30.54 feet;
90. Northwesterly 209 18 feet along a 580.00 foot radius curve that
is concave Southwesterly through an angle of 20° 39' 50";
91. North 60° 19' 49" West 256.75 feet;
92 Northwesterly 166.34 feet along a 210.00 foot radius curve that
is concave Northeasterly through an angle of 45° 23' 00";
93. North 14° 56' 49" West 2.29 feet,
94. Northeasterly 103.72 feet along a 70.00 foot radius curve that
is concave Southeasterly through an angle of 84° 53' 40";
95 North 69° 56' 51" East 84 37 feet;
96. Northeastei ly 177.08 feet along a 180.00 foot radius curve that
083 2711480 867
Ch. 4151 STATUTES OF 1975 901
is concave Northwesterly through an angle of 56° 22' 00";
97 North 13° 34' 51" East 926.31 feet;
98. Northerly 367.32 feet along a 380.00 foot radius curve that is
concave Westerly through an angle of 55° 23' 00";
99. North 410 48' 09" West 241.47 feet;
100. Northwesterly 99.32 feet along a 220.00 foot radius curve that
is concave Northeasterly through an angle of 25° 52' 00";
101. North 15° 56' 09" West 54.89 feet;
102. Northwesterly 165.17 feet along a 580.00 foot radius curve that
is concave Southwesterly through an angle of 16° 19' 00";
103. North 32° 15' 09" West 39.22 feet;
104. Northwesterly 93.71 feet along a 480.00 foot radius curve that
is concave Southwesterly through an angle of 11° 11' 10";
105. North 43° 26' 19" West 193.40 feet;
106. Northerly 362.21 feet along a 370.00 foot radius curve that is
concave Easterly through an angle of 56° 05' 20';
107. North 12° 39' 01" East 252.19 feet;
108. Northerly 292.89 feet along a 1780.00 foot radius curve that is
concave Westerly through an angle of 9° 25' 40";
109. North T 13' 21" East 14.17 feet;
110. Northerly 293.38 feet along a 1820.00 foot radius curve that is
concave Easterly through an angle of 9° 14' 10';
111 :North 12° 27' 31" East 27.16 feet;
112. Northerly 236.73 feet along a 1180.00 foot radius curve that is
concave Westerly through an angle of 11° 29' 40";
113. Borth 0° 57' 51" East 82.33 feet;
114. Northerly 194.78 feet along a 620.00 foot radius curve that is
concave Easterly through an angle of 18° 00' 00";
115. North 18° 57' 51" East 20.34 feet;
116. Northeasterly 170.04 feet along a 150 00 foot radius curve that
is concave Southeasterly through an angle of 64° 57' 00";
117. North 83° 54' 51" East 78.48 feet;
118. Northeasterly 127.39 feet along a 180.00 foot radius curve that
is concave Northwesterly through an angle of 40° 33' 00";
119. North 43° 21' 51" East 57.99 feet;
120 Northeasterly 184.74 feet along a 1520.00 foot radius curve
that is concave Southeasterly through an angle of 6° 57' 50';
121. North 50° 19' 41" East 31.50 feet;
122. Northeasterly 218.92 feet along a 1480.00 foot radius curve
that is concave Northwesterly through an angle of 8'28' 30';
123. North 41° 51' 11" East 44.65 feet;
124. Northeasterly 194.36 feet along a 1220.00 foot radius curve
that is concave Southeasterly through an angle of 9° 07' 40";
125 North 50° 58' 51 " East 66.39 feet;
126. Northeasterly 300.05 feet along a 1780.00 foot radius curve
that is concave Northwesterly through an angle of 9° 39' 30";
127 North 41° 19' 21" East 33.58 feet;
128. Northeasterly 154.36 feet along a 380.00 foot radius curve that
is concave Northwesterly through an angle of 23° 16' 30";
0 83 27 11300 871
902 STATUTES OF CALIFORNIA ( Ch. 415
129. North 18° 02' 51" East 42.03 feet;
130. '_northerly 216.88 feet along a 580.00 foot radius curve that is
concave Westerly through an angle of 21° 25' 30";
131. North T 22' 39" West 302.88 feet;
132 '.Northerly 255.24 feet along a 370.00 foot radius curve that is
concave Easterly through an angle of 39° 31' 30";
133. North 36° 08' 51" East 21.09 feet;
134. Northeaster ly 403 36 feet along a 520.00 foot radius curve that
is concave Southeasterly through an angle of 44° 26' 40";
135. North 80° 35' 31 " East 628.42 feet;
136. Easterly 289.58 feet along a 320.00 foot radius curve that is
concave Southerly through an angle of 51° 51' 00";
137 South 47 33' 29" East 3.72 feet;
138. Southeasterly 115.09 feet along a 355 00 foot radius curve that
is concave Northeasterly through an angle of 18° 34' 30";
139 South 66° 07' 59" East 375.25 feet;
140. Easterly 209.08 feet along a 780 00 foot radius curve that is
concave Northerly through an angle of 15° 21' 30";
141. South 81° 29' 29" East 241.76 feet;
142. Easterly 208.39 feet along a 980.00 foot radius curve that is
concave Northerly through an angle of 12° 11' 00";
143. North 86° 19' 31" East 57 06 feet,
144 Easterly 95.37 feet along a 260.00 foot ; adius curve that is
concave Southerly through an angle of 21° 01' 00";
145. South 72° 39' 29" East 70.33 feet;
146. Easterly 108.18 feel along a 1380.00 foot radius curve that is
concave Northerly through an angle of 4° 29' 30";
147. South 77° 08' 59" East 180 02 feet;
148 Easterly 96.09 feet along a 220 00 foot radius curve that is
concave Northerly through an angle of 25" 01' 32" to the
Westerly terminus of that certain 60.00 foot strip of land
described in Parcel 2 in a deed to the City of Newport Beach
recorded in Book 10,000, page 891, said Official Records;
thence
149. Forth 16'56'34" West 19.71 feet along said Westerly terminus
to the Northerly line of said strip said Northerly line being a
curve concave Southerly and having a radius 480.00 feet;
thence from a tangent that bears North 73° 03' 26" East
130. Easterly 553.25 feet along said curve through an angle of 66°
02'20" to the beginning of a reverse curve concave Northerly
and having a radius of 25.00 feet being the Northerly line of
Parcel 3 as described in said deed, thence
151 Easterly 31.15 feet along said curve through an angle of 71° 23'
49" to the beginning; of a reverse curve concave Southeasterly
and having a radius of 842.00 feet being the Northwesterly
line of Parcel 1 as described in said deed; thence along said
Northwesterly line the following described courses:
152 Northeasterly 96 16 feet along said curve through an angle of
6° 32' 37".
083 27 11 515 874
Ch. 4151 STATUTES OF 1975 903
153 North 74° 14' 34" East 98.02 feet;
154. Northeasterly 478.44 feet along a 758.00 foot radius curve that
is concave Northwesterly through an angle of 36° 09' 52";
155. North 38° 04' 42" East 156.00 feet;
156. Northeasterly 547.51 feet along a 842.00 foot radius curve that
is concave Southeasterly through an angle of 37° 15'23" to the
beginning of a reverse curve concave Northwesterly and
having a radius of 65.00 feet, the Northerly terminus of said
curve being tangent to a line that is parallel with and 82.00
feet Westerly of the center line of jamboree Road, 100.00 feet
wide, as described in a deed to the County of Orange
recorded in Book 4110, page 10, Official Records of said
County; thence
157. Northeasterly 76.03 feet, more or less, along said curve
through and angle of 67° 01' 22" to said parallel line; thence
158 North 8° 19' 43" East 414.47 feet along said parallel line to the
Southerly terminus of the Westerly right of way line of
Jamboree Road, 132.00 feet wide, as described in a deed to the
City of Newport Beach recorded in Book 6135, page 155, said
Official Records; thence along said right of way line being a
curve concave Westerly and having a radius of 2334.00 feet
and being tangent to said parallel line; thence
159. Northerly 295.99 feet along said curve through an angle of 7°
15'58" to a point thereon that is 300.30 feet Southerly of the
Northerly terminus of said curve; thence non -tangent
160. South 68° 20' 16" West 563.43 feet; thence
161. North 31° 39' 56" West 338.79 feet; thence
162 Forth 68° 20' 16" East 608 78 feet to the beginning of a curve
concave Southerly and having a radius of 3805.00 feet; thence
163. Easterly 124.57 feet along said curve through an angle of V 52'
33" to said Westerly right of way line; thence
164. North 6° 18' 34" West 416.16 feet along said line to the
beginning of a curve therein concave Easterly and having a
radius of 1666.00 feet; thence
165 Northerly 352.71 feet along said curve and right of way line
through an angle of 12° 07'49" to the Southerly line of the land
described in a deed to the Newport Harbor Union High
School District recorded in Book 7578, page 670, said Official
Records; thence
166 North 84° 10'45" West 154.76 feet along said Southerly line to
the beginning of a curve therein concave Southerly and
having a radius of 2000.00 feet; thence
167 Westerly 618.97 feet along said curve and Southerly line
through an angle of 17° 43' 56"; thence leaving said line
non -tangent
168. South 57° 44' 19" West 77.81 feet; thence
169 South 64° 51' 54" West 161.27 feet; thence
170. South 64° 25' 17" West 181.82 feet; thence
171. South 66° 59' 55" West 381.32 feet; thence
083 2711555 882
904
STATUTES OF CALIFORNIA [ Ch. 415
172.
South 75°
12' 12" West 102.44 feet; thence
173.
South 12°
38' 00" West 29.56 feet; thence
174.
South 39°
14' 15" West 116.20 feet; thence
175.
South 22°
35' 41" West 87.19 feet; thence
176.
South 10°
18' 17" West 106.21 feet; thence
177.
South 62°
06' 10" West 28.85 feet, thence
178.
South 9° 57' 02" West 115.74 feet; thence
179.
South 35°
35' 57" West 54.11 feet; thence
180.
South 66°
26' 52" West 63.82 feet; thence
181.
South 84°
33' 00" West 142.14 feet; thence
182.
North 70°
40'37' West 81.60 feet; thence
183.
North 88°
55' 32" West 133.02 feet; thence
184.
North 7C
30' 41" West 258.38 feet; thence
185.
North 83°
40'51" West 149.91 feet; thence
186.
North 39°
13' 32" West 31.63 feet; thence
187.
North 66°
23' 34" West 147.33 feet; thence
188
North 57°
47'03" West 633.42 feet; thence
189.
North 65°
24' 57" West 219.50 feet; thence
190.
North 55°
57'02" West 176.81 feet; thence
191.
North 74°
28' 33" West 140.11 feet; thence
192.
North 64°
33' 00" West 91.92 feet; thence
193.
North 76°
57' 50" West 465 50 feet; thence
194.
North 83°
23' 12" West 104.19 feet; thence
195.
South 47°
54' 39" West 20.89 feet; thence
196.
South 89°
45' 48" West 121.00 feet; thence
197.
North 78°
34' 22" West 143.85 feet; thence
198.
North 82°
27' 21" West 262.77 feet; thence
199.
North 690
45' 06" West 259 40 feet to a point in that certain
2060.00 foot radius curve in the Southeasterly boundary of
Parcel 102.1 described in a deed to the Orange County Flood
Control District recorded in Book 5906, page 516, said Official
Records, said curve being concave Northerly, a radial to said
point bears
South 22° 50' 23" East; thence
200.
Westerly
240.19 feet along said curve through an angle of 6°
40' 50" to
the Westerly terminus of said curve; thence
201.
South 73°
50' 27" West 384.32 feet continuing along said
boundary
to an angle point therein; thence
202.
North 16°
09'33" West 100.00 feet along said boundary and the
northerly
prolongation thereof; thence
203.
South 76°
25' 54" West 280.21 feet; thence
204.
South 75°
59' 33" West 241.69 feet; thence
205.
South 85°
26' 24" West 81.76 feet; thence
206.
South 580
22' 28" West 207 87 feet; thence
207.
South 53°
22' 27" West 422.40 feet; thence
208.
South 36"
43' 20" West 194.00 feet; thence
209.
South 22°
58' 42" West 307.39 feet; thence
210.
South 140
54' 39" West 270.09 feet; thence
211.
South 6° 51' 09" West 234.68 feet; thence
212.
South T 34' 35" West 88.17 feet; thence
083 27 11590 889
Ch. 4161 STATUTES OF 1975 905
213. South 6° 26' 13" East 98.12 feet; thence
214. South 36° 07' 10" East 22.90 feet; thence
215. South 10 08' 12" East 126.02 feet; thence
216. South 7° 42' 56" West 156.42 feet; thence
217. South 23° 11' 55" West 194.20 feet; thence
218. South 24° 54' 56" West 85.45 feet; thence
219. South 25° 44' 05" West 231.46 feet; thence
220. South 33° 17' 43" West 440.17 feet to a point that is North 54"
13' 20" West 79.13 feet from Station No. 76 of said Ordinary
High Tide Line as described in said final decree above
referred to; thence
221. South 54° 13' 20" East 79.13 feet to said Station No 76; thence
222. South 0° 24' 52" West 610.81 feet along said Ordinary High
Tide Line to Station No. 77 thereof, thence
223. South 31° 37' 12" East 430.16 feet along said Ordinary High
Tide Line; thence
224. South 45° 00'00" West 181.91 feet to the Northeasterly line of
Lot 11 of said Tract No. 4224; thence
225. South 64° 55' 53" East 90.37 feet along said Northeasterly line
to the Northeasterly corner of Lot 12, said Tract No. 4224 and
the point of beginning.
(b) A parcel of land in Lipper Newport Bay adjacent to Block 53,
Irvine's Subdivision, in the City of Newport Beach, County of
Orange, State of California, as per map filed in Book 1, page 88,
Miscellaneous 'daps, records of said county being bounded as follows:
Bounded on the north and northwest by the westerly boundary
line of the lands described in the decree in the case of County of
Orange v. The Irvine Company, Orange County Superior Court Case
No. 20436.
Bounded on the southwest by the northeasterly line of North Star
Lane as shown on the map of Tract 4224, filed in Book 157, page 1,
Miscellaneous Maps, records of said county.
Bounded on the east and southeast by that certain parcel described
in subdivision (a) of Section 2
SEC. 3. Chapter 2044 of the Statutes of 1957 is repealed.
Ch. 2044] 1,957REGULAR SESSION 3613
A rel irement system shall be deemed to have created and
maintained the reserves required by this section and;,to be
sound and equitable within the meaning of Section
8801 and
the contributions shall be deemed adequate to t the
benefits granted within the meaning of Sectio .x8401, if the
documents setting forth the retirement syste provide for con-
tributions that are expected to accunit to sums, within a
reasonable period of time, sufficient to incl at the time of the
retirement of each employee the be its payable to him under
its contract, by-laws or declar 'on of trust. The reasonable
time shall be fifteen (15) See The commissioner may deter-
mine that a Shorter period time is reasonable with respect to
anv retirement system, id in malting such determination and
in fixing the reason a time for such system, shall consider
such relevant fac rs as the number and size of employers par-
ticipating in t retirement system, the age distribution of the
covered en ogees, the period of any firm obligation to pay
contribu 'on-,, and the aetual likelihood that sufficient contri-
bution will he paid to peranit the retirement system regularly
to y the benefits described in the plan.
CHAPTER 2044
An act declaring portions of the rands granted to the County
of Orange by an act entitled `"An act granting certain tide-
lands and submerged lands of the State of California to the
County of Orange in said State upon certain trusts and
conditions," approved May 25, 1919, as amended, which
have been and which may be hereafter improved, filled,
and reclaimed, unavailable and unuseful for navigation,
commerce, and fisheries, and excluding s¢tch portions from
use for navigation, commerce, and fisheries, and providing
that such portions, and other portions of the lauds granted
by said act, may be irrevocably alienated and convened free
of public stse and tr2(st by the said county by exchanging
sitch lands with the owner or owners of uplavds contiguous
thereto.
[Approved by Governor July .9, 1957 Filed with In effect.
Secretary of State July 10, 1957.] September
11. 11151
Vie people of the State of California do enact as follows:
SECTION 1. That portions of the lands heretofore granted
to the County of Orange by an act entitled "An act granting
certain tidelands and submerged lands of the State of Cali-
fornia to the County of Orange in said State upon certain
trusts and conditions," approved May 25, 1919, as amended,
have been heretofore improved by adapting the same to use
for navigation in connection with the plan heretofore adopted
and established for the improvement and development of New-
port Bay in said County of Orange as a harbor, and that in
36 )14 tiTATUTL S ()F CALIFOR\IA [Ch, 2044
so adapting said lands to said use portions thereof whieh lie
between the lisle of mean high tide and the established bulk-
head or harbor lines have been filled and reclaimed, and that
such portions of said lands as have been so filled and reclaimed
are thereby excluder.l from the public channels and are no
longer available or useful or susceptible of being used for
navigation, commerce, and fishing, and are no longer in fact
tidelands or submerged lands; and that the said portions of
said lands which have been heretofore and which are now
so improved, filled, and reclaimed are hereby declared to be
free from the public use and trust for navigation, commerce,
and fishery.
SEC. 2. That in connection with and in aid of the further
improvement and development of the said Newport Bay as
a harbor, portions of the said lands heretofore granted to the
said county may be hereafter improved by adapting the same
to use for navigation, and that in so adapting said lands to
said use portions thereof which lie between the line of mean
high tide and the established bullchead or harbor lines may
be hereafter filled and reclaimed, and portions of said lands
so improved, filled, and reclaimed will be thereby excluded
from the public ebannels and will no longer be available or
useful or susceptible of being used for navigation, commerce,
and fishing, and will no longer in fact he tidelands or sub-
merged lands; and that such portions of said lands as shall
be hereafter so improved, filled, and reclaimed by or in con-
tiection with the further improvement and development of
said Newport Bay as a Harbor Shall, N%hen so improved, filled,
and reclaimed, be deemed free from the public use and trust
for navigation, commerce, and fishery.
SEC. 3. That any and all of said portions of said lands
hereinbefore referred to, which have been or which shall
hereafter be improved, filled, and reclaimed, as hereinbefore
provided, if and when so improved, filled, and reclaimed, may
be irrevocably alienated and comreyed free of the public uses
and trusts in said acts, by the said County of Orange, with
the approval and concurrence of the State Lands Commission,
to the owner or respective owners of the uplands lying con-
tiguous thereto in exchange for lands of such owner or owners
necessary or desirable for the improvement, development and
conduct of said harbor upon a finding by the State Lauds
Commi,mion that the lands located in the area commonly known
as Upper Newport Bay which are to be exchanged are no
longer useful for navigation, commerce, and fishing, and that
the lands to be received in exellange are at least of equal value
thereto. The lauds received by the county in exchange shall
be used by the county only for purposes of state-wide interest.
Upon any conveyance as herein provided all right, title, and
interest of the State and said County of Orange in the land
exchanged shall vest in the grantee or grantees thereof.
974 STATUTES OF CALIFORNIA [Ch. 574
oRenses and See. 2. Any person, firm, association, or corporation, or
Penalties.
agent or officer thereof, who shall violate any of the prov'
signs of this act shall be guilty of a misdemeanor, and u in
conviction thereof, shall be punished by a fine not to a eed
five hundred dollars, or by imprisonment in the coup jail
for not more than six months, or by both such fine an mpris-
onment.
CHAPTER 574.
An act relating to the granting off rainchis upon, and leases
of, certa/m tidelands heretof ore Uri. ed to the city of
Newport Beach by the Stat; of Calif 'Ria.
C Approved by the Governor itay 23, 1939, In effect Auguat 14, 1929.1
The people of the State of Califor 'a do enact as follows:
IvevpoA SECTION 1. The city of Ne port Beach, and its successors,
$each is hereby authorized to gr t franchises for a period not
a $ o nixed exceeding fifty years for ai ves and other public uses and
hananises, purposes, and to lease f a period not exceeding fifty years
teases, etc for purposes consisten with the trust upon which tidelands
are held by the State f Calif crnia and with the requirements
of commerce or nay' ation, upon, or of, all, or any part of, the
tidelancLs heretof a granted to the city of Newport Beach
under the prov! ons of an act entitled "An act granting cer-
tain tidelands nd submerged '_ands of the State of California
to the city Newport Beach, upon certain trusts and condi-
tions," ap oved May 25, 1919, and under the provisions of
an get a !tied "An act grana ing certain tidelands and sub-
merge ands sof the State of California to the city of Newport
Beac upon certain trusts and conditions," approved April 5,
192 , any limitation of the period of years of such franchises
a leases, contained in either of said acts, to the contrary
CHAPTER 575.
An act to amend section 1 of an act entitled ".An act granting
certain tidelands and submerged lands of the State of Cali-
fornia to the county of Orange in said state upon certain
trusts and conditions," approved May 25, 1919, relating to
the granting of franchises upon, and leases of, the tidelands
therein granted to the county of Orange.
[Approved by the Governor May 29, 1929. In effect August 14, 1929 ]
The people of the State of Cali f ornia do enact as follows:
stats 1919, SECTION 1. Section 1 of an act entitled "An act granting
am
P. certain tidelands and submerged lands of the State of Cali-
Ch. 5751 FORTY-EIGHTH SESSION 975
fornia to the counter of Orange in said state upon certain trusts
and conditions," approved May 25, 1919, is hereby amended
to read as follows:
Section 1. There is hereby granted to the county of Orange Tian ads
to
and to its successors all of the right, title and interest of the orange
State of California held by said state by virtue of its sovereignty Counts
in and to all that portion of the tidelands and submerged lands
bordering upon and under Newport bay in the said county of
Orange, which are outside of the corporate limits of the city of
Newport Beach, a municipal corporation, the same to be forever
held by said county and by its successors in trust for the uses
and purposes and upon the express conditions following, to wit:
(a) Said lands shall be used by said county and by its suc- use or
cessors solely for the establishment, improvement and conduct lands
of a harbor and for the establishment and construction of
bulkheads or breakwaters for the protection of lands within
its boundaries, or for the protection of its harbor, and for the
construction, maintenance and operation thereon of wharves,
docks, piers, slips, quays, ways and streets, and other utilities,
structures and appliances necessary or convenient for the pro-
motion or accommodation of commerce and navigation, and the
protection of the lands within said county. And said county
or its successors shall not at any time grant, convey, give or
alien said lands or any part thereof to any individual, firm, or
corporation for any purposes whatever; provided, that said
county or its successors may grant franchises thereon for a
period not exceeding fifty years for wharves and other pub»
lic uses and purposes, and may lease said lands or any
Part thereof for a period not exceeding fifty years for pur-
poses consistent with the trust upon which said lands are
held by the State of California, and with the requirements
of commerce or navigation at said. harbor.
(v) Said harbor shall be improved by said county without Impro+ement
expense to the state and shall always remain a public harbor And USe r
for all purposes of commerce and navigation, and the State of by stale -
California shall have at all times the right to use, without
charge, all wharves, docks, piers, slips, quays, and other
improvements constructed on said lands or any part thereof
for any vessel or other water craft or railroad owned or oper-
ated by the State of California.
(c) In the management, conduct or operation of said harbor, lbites,
or of any of the utilities, structures or appliances mentioned tolls' Or-
in paragraph (a) no discrimination in rates, tolls or charges,
or in facilities for any use or service in connection therewith
shall ever be made, authorized or permitted by said county, or
by its successors. The absolute right to fish in the waters of nights
said harbor with the right of convenient access to said water reserved
over said lands for said purpose is hereby reserved to the
people of the State of California.
1138 STATUTES OF CALIFORNIA. ( Ch. 526
attending upon the superior court, in going onl e,
twenty-five cents; provided, that ' o this class the
grand jurors a
nd in criminal cases shall be paid
wary raWthe county auditor, issued upon the order
DT the court, or judge thereof.
CHAPTER 526.
An act granting certain tidelands and submerged lands of the
State of California to the county of Orange in said state
Ripon certain trusts and conditions.
[Approved May 25, 1919. In effect July 35, 1919.]
The people of the State of California do enact as follows:
Tidelands SrcTIoN 1. There is hereby granted to the county of Orange
thrEng to and to its successors all of the right, title and interest of the
mlitp. State of California held by said state by virtue of its sover-
eignty in and to all that portion of the tidelands and sub-
merged lands bordering upon and under Newport bay in the
said county of Orange, which are outside of the corporate
limits of the city of Newport Beach, a municipal corporation,
the same to be forever held by said county and by its succes-
sors in trust for the uses and purposes and upon the express
conditions following, to wit:
Use or lands. (a) Said lands shall be used by said county and by its suc-
cessors solely for the establishment, improvement and conduct
of a harbor and for the establishment and construction of
bulkheads or breakwaters for the protection of lands within
its boundaries, or for the protection of its harbor, and for the
construction, maintenance and operation thereon of wharves,
docks, piers, slips, quays, ways and streets, and other utilities,
structures and appliances necessary or convenient for the pro-
motion or accommodation of commerce and navigation, and the
protection of the lands within said county. And said county
or its successors shall not at any time grant, convey, give or
alien said lands or any part thereof to any individual, firm, or
corporation for any purposes whatever; provided, that said
county or its successors Inay grant franchises thereon for a
period not exceeding twenty-five years for wharves and other
public uses and purposes, and may lease said lands or. any
part thereof for a period not exceeding twenty-five years for
purposes consistent with the trust upon which said lands are
held by the State of California, and with the requirements of
commerce or navigation at said harbor.
Improvement (b) Said harbor shall be improved by said county without
of hamar. expense to the state and shall always remain a public harbor
for all purposes of commerce and navigation, and the State of
California shall have at all tithes the right to use, without
Digitized Dy C .3
c
Ch. 527 FORTY-THIRD SESSION. 1139
charge, , all wharves, docks, piers, slips, quays, and other
improvements constructed on said lands or any part thereof
for any vessel or other water craft or railroad owned or oper-
ated by the State of California.
(c) In the management, conduct or operation of said harbor, Rates,
or of any of the utilities, structures or appliances mentioned
in paragraph (a) no discrimination in rates, tolls or charges,
or in facilities for any use or service in connection therewith
shall ever be made, authorized or permitted by said county, or
by its sueci,s,ors. The absolute right to fish In the waters of Rl treservetdo °ove
said harbor with the right of convenient access to said water people.
over said lands for said purpose is hereby reserved to the
People of the State of California.
CHAPTER 527.
An act to protide for a suitable memorial in the caps
extension buildings in Sacramento for the part talc by
residents of California in the world war.
j Approvwl Mny 27, 1919. Ju i4ect July 2.7, D.l
The people of lice State of California do en as follows:
SECTION 1. The state building co fission as established Memorial r;°
by the provisions of chapter two ndred thirty-five of the eapftof
statutes of 1913 is hereby authori c and directed, in complet-
ing plans for the capitol ext _ion buildings in the city of
Sacramento, to cause to bei orporated in such plans a room,
apartment or such other _ 1eture or feature as may be deemed
an appropriate memo ' of the part taken by residents of
California in the ar, y and navy of the United States during
the great world or, and the victory for world liberty in
battles on Ian and sea and in the air; to perpetuate the
memory of ose who gave tip their lives in the cause of their
country, d the services and sacrifices of those who gave
of tile' time and their means in the auxiliary activities of
war rvices, and the noble record made by the people of this
siatcin the moral and material support rendered the state
And national government in every way during the war period.