HomeMy WebLinkAboutC-7684-1 - License Agreement (for 1901 Bayside Drive - Boat Slips)I
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HA55D-251
AMkHarbor Patrol Complex
+ 1901 Bayside Drive
Corona del Mar, CA 92625
City of Newport Beach Lifeguard Operations
FIRST AMENDMENT TO LICENSE AGREEMENT
THIS FIRST AMENDMENT TO LICENSE AGREEMENT ("First Amendment") is made on
.juNE 10 , 2021 ("Effective Date"), by and between COUNTY
OF ORANGE, a political subdivision of the State of California ("County"), and CITY OF
NEWPORT BEACH, a municipal corporation and charter city ("Licensee"), without regard to
number and gender. County and Licensee may sometimes be referred to herein individually as a
"Party," or collectively as the "Parties."
RECITALS
I. Pursuant to a license dated June 3, 2019 ("License"), County granted to Licensee the right to
use three (3) boat slips and garage area within the License Area, as defined herein, for use by
Licensee's lifeguard patrol boats.
II. County has a Coastal Development Permit (CDP) with the California Coastal Commission
(CCC). Subsequent to the License being granted, the CCC issued limitations to the County's
ability to offer the three boat slips to the Licensee. Failure to comply with the CCC's mandate
could result in violation of said CDP. In order to comply with the applicable regulatory mandate
from the CCC, the County and Licensee agree to reduce the number of berths available for
Licensee lifeguard operations to two (2) berths designated as slip 0 and 4.
NOW, THEREFORE, in consideration of the Recitals above, which are incorporated herein by
this reference, the Parties do hereby agree to amend the License as of the Effective Date first
written above as follows:
A. Clause 2 LICENSE AREA (SRLic-1.1 S) is hereby deleted from the License in its entirety and
the following clause is substituted:
"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 A1, 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.
B. Clause 3 USE (SRLic-1.2 S) is hereby deleted from the License in its entirety and
the following clause is substituted:
"3. USE (SRLic-1.2 S)
Licensee's use of the License Area shall be limited to two (2) boat slips and garage area within
the License Area for use by Licensee's lifeguard patrol boats.
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First Amendment OC Parks
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.
C. Clause 49 ATTACHMENTS TO LICENSE (SRLic-5.8 S) is hereby deleted from the License
in its entirety and the following clause is substituted:
"49. ATTACHMENTS TO LICENSE (SRLic-5.8 S)
This License includes the following, which are attached hereto and made a part hereof:
EXHIBITS
Exhibit Al —License Area
Exhibit B — Tidelands Grant
D. Wherever a conflict in the terms or conditions of this First Amendment and the License exists,
the terms or conditions in this First Amendment shall prevail. In all other respects, the terms and
conditions of the License not specifically changed by this First Amendment, shall remain in full
force and effect.
E. This First Amendment may be executed in one or more counterparts, each of which shall be
deemed an original, but all of which together shall constitute one and the same instrument. The
counterparts of this Agreement may be executed and delivered by facsimile or email and the
receiving Party may rely on the receipt of such document so executed and delivered as if the
original had been received.
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IN WITNESS WHEREOF, the Parties have executed this First Amendment to License the day
and year first above written.
APPROVED AS TO FORM
City Attorney ffice /
By: zz
n C. Harp
City Attorney ��7
Date: 6. P .2-(
APPROVED AS TO FORM
Office of the County Counsel
County of Orange, California
By: LlwlAllqou'kv
_C/ Deput
Date:
LICENSEE
CITY OF NEWPORT BEACH
A Municipal corporation
By _
Gl�. Leung l/
City Manager
Date JUN 0 9 2021
ATTEST:
By
Leilani I. Brown U
City Clerk
Date
COUNTY
County of Orange
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: Z 7-0Z.
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Exhibit Al
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First Amendment OC Parks
HA55D-251-A
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 J V t.4E to , 2021
("Effective Date"), by and between CITY OF NEWPORT BEACH, a municipal corporation and charter city
(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 one (1) boat slip 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 License Area, 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 License Area 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 8424 of the Civil Code, which frees the
License Area 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 Limits
$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 (3 0) 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 License Area,
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 License Area 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 License Area, 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 License Area. 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 License Area and of defects in any improvements or equipment within the
License Area.
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 License Area 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/bmp. 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
provisions of Article 2 of Chapter 1, Part 7, Division 2 of the Labor Code of the State of California (Sections
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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: http://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 193 8, 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 Parry 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.
RSI 5/17/2021 Page 15 of 22 HA55D-251-A
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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.-
1.
ereof:
I. EXHIBITS
Exhibit A — License Area
Exhibit B — Tidelands Grant
50. COUNTERPARTS AND EXECUTION
This License may be executed in one or more counterparts, each of which shall be deemed an original, but all
of which together shall constitute one and the same instrument. The counterparts of this Agreement may be
executed and delivered by facsimile or email and the receiving Party may rely on the receipt of such document
so executed and delivered, as if the original had been received.
//
//
//
//
//
//
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IN WITNESS WHEREOF, the Parties have executed this License the day and year first above written.
APPROVED AS TO FORM
City Attorney ffice
By: 74v
aro C. Harp,ty t
Date: 6" / -Z
APPROVED AS TO FORM
OFFICE OF COUNTY COUNSEL
By V, W y
eputy
Date
LICENSEE
CITY OF NEWPORT BEACH
A Municipal corporation
By
Grac .Leung
City Manager
Date JUN 0 9 2021
ATTEST:
UZ
M.
COUNTY
COUNTY OF ORANGE
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 Ute 2-1 -U7,1
EXHTRTT A
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LICENSE AREA
RSI 5/17/2021 Page 18 of 22 HA55D-251-A
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EXHIBIT B
TIDELANDS GRANT
smtTa or uni
IAYMA 715
a.Tia
Am vA rnlatmi; to tide u rubmeqedi 1mdz gruMA itn. drtut to alae
ltWY aaf Ot•a O and to UW tits' of Nerrrpurl beach.
I5ptr Y9419M. TWdo �th
m -'re � � �
The PeOO of ih r iib of C&Mwnim day eDrma as' to& wm
h'f ON Y. T e 4449we firm6 and deellam, as rrAlow:
I's) BY ChMpror'' of khe frtartutm or t%lk as ame+ar iia by CIrsp+lxpr
41i of Ow Staitattes of IM, tM 14tg ilsture omvoVed mrta11n di& amid
mrlmmer 1. kwids to dbr Comity oFOrmlo Lr otdaritlg u #win mW gun&
1Weni►+Wrt Bay wlhjCh were QUtailirlr of the, CrpWate hnritai: of The deity
Cd NWWPtarA: , a mt1weipil tarpWaii d,. ion puler 25., 19141. tlhe
mumc to 1 a forever held bi�, din county and by its, sueem=5 in tno
far tW pwpams lhefreln itatei, pmti nmri;r The rhw Prarr* *"m anoi.
amom a mdatiam 4 comma rem acid r"Al ear.
ib� Caet]min Vaebom at dwoe tide aad stibrr>►er.pd land+
mrromidirs Flairim IsU MI, art ielaad, ditimlbxd with privet -c
idea€** 1mve born :Plod aaxl rmiAfted ;u e remelt of eit r
naftr 1 or AM&q&I awwranom and bove b oem IrrspravoW wlsl►,
yam4w"king mr.A gth@T- y'd WX*. Tlh4w, fend$ qTt4
deiscritacd, lm, section 3 mid enc hemAfter rerelmd to in LhU ujd .es
eounrty Harbor Is4uW tideian ds,
de) 71m county Hasher Qsl' M ndleila,n is, biavwg be►mo Mad and
ro+eWmvd, we n* Igor n&mpd or below the mean high We
Kc grn.aretly imCCONWe to Lha pmt mkl, Irt ,dwfir prftmk
emr>w+Iilion, Rim. not srrl &W for public Timm sumer,
0.1 In reamnltu mt of the tante pot Fonb in subdiivwora, (h I and (,r),
a and lir view of the amovuuttb of public trurt 6md renoaiUtirtst in Nt wPport
16Y Out h "talAe For pub tmmt use, the mmmmlr Harbor blarrid
b'idelmds hav* bre m 6wJ to mlua common of atjaivmm uplamd
reddmwn = et ibuuC-tem. buuia: Them iaods aremag it6tmem
tO rtr, rt The slm�tr kWV OU511s IUMI" +i+'hiCh the t4 arm] �eril��ged
19dwi r gra g ed to We monky ore Wd xnA *,wqm 'Fnr the prail;mww
CA immo to ruP'jpgrrt Ow 141"tery It"ti, eye mot prmamfly p*quirurd
of moo6d low wao by 16r pubk.
. 2, Ia) 71W esc+, roll, or Its aM"Voi, 11my 4111m the cqunr�
I . rbw Waw tt>wlktWWi to rolUt4 m to boo mmed for thopimparpoom so
(;ar'tir in tea 106W or Onto bm by Ism" anew the iandoi.
Or Ann P+w't khmmf N)r the perp osm sm (forth, ►n, O tide kw*ti
for a mlod e(O .w—wism Im. During thy term ofthe Iew4 the Iandi
"M be eor xkLri end exrom to p OAA trrual nrpds l® 11w arwu* and the
puhbL- itruet ew"mt shalt swat be earormci®nd oQr the kmmd Uod.
(b) '11w d mr to by ravilyed by the CoantyL far JO&W of
ommty IlturboF IsIaM ildelandy *4 11 be. the Fair mrtirket mmO vidue
of the lomd4, taking tato wCCOi1at the Wwod Va.lme 10 ilii 484*11t
RS1 5/17/2021 Page 19 of 22 HA55D-251-A
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Chi US 1 MIMS or m 1
upl m& pro by kbe omtW, wwp., anis hugriW WQMW41 wr dw
lidelooda; as wqUaithp hemMirs 0 t'hra aer?Clitm vm ow. 4• thei *4jwmt
uplemid a*xer, The krm oFtbm Lame and dw rmp el, cam ideriadom
to be rooviml brr the camty 11 be appmwodt by the atme .C.amtda
Cutntrinimium Isi.or ISG the tics d. my Daae
ve) h1L r3mwke)- received by the rml,,rlily Ftam ezbKng mad, FLmu ;
Imiamims cff oxmk--)• Barbar hirdUmdm !6A be d,epoizitcd :in, a
civ kw --I rrd'trum fennd eltobibbod pumamat to *14.6wilixim ski at
SmaW +t I of Omprmr BW nE the ,Ifti L1t,1r iA f6W be' RvalklA p
for agwiriditure in ummvrdanve w h zt l itidm (al') aStamop .L
that rrat for the purpomm K.t, Wh rir, jh&T W16 imckmU g tkIe
OMMUMMIN Of pIC UMM NeWPOT11 DRY FAX1609iM C1il wrV.
SEC. `I�itarlt 1'9ekrlaar re�t,d Il:�n t1rm4 a dL� tb,i° eye
are dm4eribed as fbHowri
III-- p�rlic�r of the pular tides �;nd ru't�ec l lands, Ute. l p
r�rLa lhc� is trust by tlla Cgwnty P4 OTomw purNquu�lit to i'3laptVr 5%
of rhe !totutes or 1191.1, w amanded,, 1)AAg aboym the ;perlr nt, hmm o@
me*a hJXh water mAWn thm mrra■ h+awrj;L-d by the ;4 LWIc .tedl N m M 0f
ordinary h ]h L de 47Titding aD of Trek No. M m the city or
NeMaurl nuc.*lr, Cwurit.y of Drage. 3tabr. or California, as per nup
3rftwded m f1m3k 24, ' 7 o Wfiedlurreemm, Maps. in Ow Cjkw of
he Gu kl Hmor&r rxr the coy: ty,, as eertabfiilled tory.• Id>r .jux4puent
:in. tk= JYa 1MR11 SUrperior' Cow., 0ximly of Drunge„ MaiLe of
®, gar rr.MFAeMl rrti 191WI1k' 22, 'PI1V X32 OrJUdipmerAi on .jr>> y 2.
]M� swid approved by the I cos] tune purmurrl ea t;hapwr 144 of ih
litnitle im d` LIM, stud houffixiod setward bro, ebb 11irmt a 97 the C mrbM
SIM&.-. F14dkh&a4 IWW, DA app+rowd by khe .L VIIII'MICIlt Of tart AXrnw,
011, or the ,CIhle-f of l iettmaere olt ripbrk 15, 1.%1, ehrm- Ilcr`it
'tom h.4vin,g ':wart "lid b pttwoen 1h,e rallowirig etptwr► m:
BEGINNIM. M the mail e:&K-v Int of the later d rA*d In
the abOve I'MmIkMed Mm. Nb.1.9til4t - L'h.at! R timt Imling I',. 142 of
The United States Gwernmerlt SWItimA ubovre mantimed;
T1'ILNMEr'4M1"a 4Mr1 to Awdca No. 10 7MENCE Narthwedt*r y —bo
%tion 'Pt1"m., 1 "T111PEE K wlh"wate rly to Stalkm. Xo I48i
171F1w1"CI? kMwWy to .9tal oil lir, 1 T ENCE %worly to
THENCE kutheake rLy to &lutim Na. I+il.. THEN
kuffiweatrarllr (Al rii.SM ainier: to Iter, Lime 4 mhmw &tt SWUm No. 10
4M 1'411, to Ike palm, of bo, o litrir,�, Thaf 1i+eln�i paiicn, .
49 of the Erldted SUb" 0dYt rtetrec . ,8ul cmA
SBC 4. The. "Idi6kairr fpm L i mid etleclairm as WwiL
W In ,Seek ori 6 of Qumoex 74 of the Slakntea of IM, khe
iRS11011111UM 001I.Veeyed (mylahL tidy udid im1mmexrged kn& in h -wt to
theyZwlv
eaf' Ne wpor�l, ]leaA tbat -wwm wii�tl�ein thehmmi dwaw cd the
cwy. Z'14MV. fl'w tbo purpomm "thmmin atabed. peimwily for the.
Imm"im mild wm*ammudmUvM Of L'`rlUL1Ci'�k'Me MAd 41AAKal 01.
(bf CArtmin pmtptlr of t hame 'rhe met whrarEratr a
lm"Offivdireg CArbar :6Ianck am ILknd dmmlaaped wreh pdrr,wta
maxidimmm Marra. bew, fr'el6d wW rated M a TOWItr Of QL*er
RS15/17/2021 Page 20 of 22 HA55D-251-A
OCSD Standard Revenue License Form
t Vx1UrES of M4 1 Chi, 715
MAturmi Cff a.TtJXid oCCUM0=9 Wid have been Lmpcq+4p0 with
1urNiLw-mlliag wnd rAher yord, Jmtwa wmwrms, Thew lands arty
t wilbed ui see tion 6 0nA use batnat'tert� to in Lhis not cru city
6a w Isltmud t rkhmdh.
(c) 'Phe city- ffier6m 1 fiL'nd tit6-knd+r, ha,wkmg brmgl Bled, acid
r elQirflrd, AMr ern icr.aw -u d, ter below them—van hieh tide
lime, we xmwoMy mu ecova ,e to this IMIwic, and itt their iWxmelkt
widilkm are uual bridulble 503- VILMIC Mut 111M. Ill. VLr w Of 11trse i40',
Ow mirrournt of taw6lie trxst luaud. Tiaanuarrfng intdawrywt l it ttut is
s uAmwe dor p rblie 1Tra'tt W10, anti 111m tri anount of acr
m>ap�rang MY Il�t6or i lwrd tldeldn . 0 Is €let;�srnuneal That
eL1 FCrrbor Island.1t1r11 Nr
ee 'tunl fitly t ubred w imedled h*
uae the pUlrbr
ik, (n) 'rho dky, w *j 9xcwewv,. rmx�- allaw the city Hu6nr
klmod tisrl anclA to twliim* w be used tfnr jw1wper-jmmmmht
mid urmi LwmkcuprLg ujes by Imming r tQn& or RMYr Pnrt
thmpw for a PONW of 49 yowl or km fgT the purpoar WL riordt iur
thtt t1jL9 leawb be-Nmeel the ]%Urlr jr lu'lranad, h atmeomwn rrrml mw.
L;or, LV 1f Uranp. Dririra$ flue tFrrn of fl* leffiet. the lead AWN 1*
camsidon i, enccm to Rubio inst r e&& as the amm, and ON public
tmm m wnwnt :"l rat be euteUed om, leased land
tbl The mrmidermhom. to br reeri:Med by the city for lemur 44 city
limrWr 1'sluxl, Mgllan& sUM bot thou foal r tmmkol remtrtl vlue of the
Irtmda tulydttg into Am,,urkt the mKod wllaaa~ t� tl �tllirrrertt wpl
proLS4 l W that avre,*M umme, &nod ktkgRi Iw*tjon of ri jk6j6nAh,
as Ewen kw the beuk-o , of tiwir cmus&e, me by the m4awetlut: wont
owner. The form 4, thrr- llwo&L rnd the rAnge of 041Wid1TutiW ire be
teftivedl by the tity Nbul heofbred her the ate lwKr s
Curan:aaaim parim to the ,..,.ince umv Immie.
(e) All er,oney r+e•certwed 'iw, - the cby rwan I,rdsm at eo-y ti u rlx:r
1.1la rd. ttkl kwmis ARE tw d%-Apiymd m a cLity tidcbmd trvsi thmill
ostAkib ed p1rrawm1 t:) urakdl MAW 41 *1 ,5ctloq I. aF Umptow Td of
dr. Statutm W 1978 mid, shall be a wadh blo For expenature Ia
a mr Bence YAkh rAib►dl*-Mwn. U) V SecAlrxn I �Df that: gist. For puqmmfi
of thin wctimm® thio corpanditwe of trumt, lunch to cmhtrme, tare lapFer
Newport flea,. E"t n, Heme:rve i5lull, bewA to he in. Ftah6pramce
gF thr pfirplivs or 1. a I!rL d; crepted by Chaptler 74 of Ow iit clam nr
ISM
�l3� � 77rau �� iH'nc��r mad iir�� reP�arr� 1Sma trr. tMla �: err
dmd4ed *s fokwx
RXI p"Man of the jx*111� U mthnniersad lain& grated to
held in tmst by the Frit 0j6Wpdrl beftolL purMMt to'Chapter"
74 Of t1re Stalulm of .11178, % MA*e Lire }rpt Line of mom hip
x Nkm wilidn the artm. l,eita tdetl b,yr, the acju dix%ted C.he of tnrdinuv
hi4h tide SUrraausrditrrg (d] rrl" Ttire+t. NO. SM Lrb the Gitlr' aStt M.r wpurr
, C;OkmkV tr$' ()rarer. State of CnkhTm,u-�paT 'Murp recewde+d.
in 24, iYaq�r: I of serum .Ifmps,in � QWxaer ofdw County
1#etr,tdr.r td the eiarmty ., " -ella ilhhecl , thr. Judgment in case Nu,
231w, SOPPrlar C lrrr4. (IrAntly ar Omp, Mail* aa# C- filknnia as:
RSI 5/17/2021 Page 21 of 22 RA55D-251-A
OCSD Standard Revenue License Form
Ch. 716 ] STATUTES OF 1981 2639
recorded in Book 22, Page 332 of judgments on July 2, 1928, and
approved by the Legislature pursuant to Chapter 142 of the Statutes
of 1929; and bounded seaward by the limit of the United States
Bulkhead line as approved by the Department of the Army, Office
of the Chief of Engineers on February 15, 1951; those limit lines
having been established between the following station points:
BEGINNING at the most easterly point of the land described in
the above mentioned Case No. 23690; that Station being No. 142 of
United States Government Bulkhead above mentioned; THENCE
Westerly to Station No. 143; THENCE Northwesterly to Station
No. 144; THENCE Northwesterly to Station No. 145; THENCE
Northerly to Station No. 138; THENCE Easterly to Station No. 139;
THENCE southeasterly to Station No. 140; 'THENCE
Southeasterly to Station No. 141; THENCE Southwesterly (at right
angles to the line between Station No.140 and 141) to the point of
beginning. That point being Stati( ,,.`'lo. 142 of the United States
Government Bulkhead Line.
RS1 5/17/2021 Page 22 of 22 HA55D-251-A
OCSD Standard Revenue License Form