HomeMy WebLinkAbout09 - Lower Newport Bay Maintenance DredgingCITY OF
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Cq<IF00.N�P Cully CouncH Staff Report
Agenda Item No. 9
July 24, 2012
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FRONT: Public Works Department
Stephen G. Badum, Public Works Director
949 - 644 -3311, sbadum @newportbeachca.gov
PREPARED BY: Cris Miller, Harbor Resources Manager
APPROVED: (-- -1111
TITLE: Cooperative Agreement with the County for the Funding of
Maintenance Dredging in Lower Newport Bay
ABSTRACT:
The City and County desire to execute a Cooperative Agreement to fund the County
Tidelands portion of the Lower Newport Bay dredging Project.
RECOMMENDATION:
Approve the County Cooperative Agreement for funding the County Tidelands portion of
the Lower Bay dredging project, and authorize the Mayor and City Clerk to sign the
Agreement.
FUNDING REQUIREMENTS:
As the City currently has a Memorandum of Agreement with the Corps of Engineers
( "Corps ") to contribute funds for the Lower Bay dredging project (Attachment A), the City
is agreeing to initially pay for the County's portion of the project to be later reimbursed
by the County (short term loan from the current budget). The anticipated cost for the
County Tidelands portion of the dredging, including 10% contingency, is $1,538,000.00.
This revenue is recognized in a separate staff report entitled Phase II Lower Bay
Dredging Funding presented to the City Council at its meeting of July 24, 2012.
DISCUSSION:
Newport Harbor consists of approximately 85% City Tidelands and about 15% County
Tidelands. (Attachment B) The County supports the goals of the current dredging
project, and desires to contribute funds for the work within the County Tidelands. This
Cooperative Agreement with the County for the Funding of Maintenance Dredging in
Lower Newport Bay
July 24, 2012
Page 2
benefits the entire harbor by limiting the impact to one project instead of returning to
dredge County Tidelands as a separate project later. In addition, the County will save
on the mobilization costs by participating now.
Phase I of the dredging project currently underway includes some County Tidelands:
Collins Isle Reach
Lido Reach North (Near Bayshores)
6,780 cy $14.05/cy $95,259
42,000 cy $12.60/cy $529,200
Coast Guard Area 961 cy $15.60/cy $14,992
Total Phase I County Costs
$639,451
The City and County have requested the Corps to dredge additional areas as Phase 11.
The Corps does not have the budget for these additional areas, so the City will consider
funding this additional dredging as a separate action item this evening. The dredging
contractor has submitted a draft proposal for this additional work.
Upper Newport Channel (south of PCH bridge)
26,000 cy
$12.95/cy
$336,700
Linda Isle Channel (Near Harbor Island, non - federal)
14,000 cy
$15.87/cy
$222,180
Eelgrass Mitigation split proportionally: City (13 %) / County (87 %) $103,388
Corps Overhead split proportionally: City (19 %) / county (81 %) $28,510
Contractor Overhead split proportionally: City (19 %) / County (81 %) $28,510
Water Quality Monitoring split proportionally: City (19 %) / County (81 %) $14,255
Permitting Non - Federal Channels split evenly: City (50 %) / County (50 %) $39,033
Total Phase If County Costs
$772,576
The County Board of Supervisors will consider approving this agreement at their July 31
Board meeting. The City has met with the County on this issue, and County staff is
supportive of the project and the anticipated dredging and related costs.
ENVIRONMENTAL REVIEW:
For the tidelands that are within the federal channels, the execution of this agreement
for this activity is a 'project' for California Environmental Quality Act ( "CEQA ") purposes.
In this case, the Army Corps of Engineers ( "Corps ") has prepared an Environmental
9
Cooperative Agreement with the County for the Funding of Maintenance Dredging in
Lower Newport Bay
July 24, 2012
Page 3
Assessment ( "EA ") under the National Environmental Policy Act ( "NEPA "). CEQA
authorizes the City to rely upon a NEPA document for purposes of CEQA compliance.
(CEQA Guidelines, sec 15221.) The Corps concluded through the EA that there will not
be a significant adverse impact upon the existing environment or the quality of the
human environment. City staff has reviewed the EA prepared by the Corps, and has
determined that this document meets the requirements of CEQA.
For the tidelands that are outside of the federal channels, staff recommends the City
Council find this action exempt from the CEQA pursuant to Section 15304, Class 4.g
(Minor Alterations to Land, Maintenance Dredging) of the CEQA Guidelines, California
Code of Regulations, Title 14, Chapter 3, because it has no potential to have a
significant effect on the environment.
NOTICING:
The agenda item has been noticed according to the Brown Act (72 hours in advance of
the meeting at which the City Council considers the item).
Submitted by:
G.
Pu
A. Existing Corps Memorandum of Agreement
B. Tidelands Exhibit
C. Cooperative Agreement with County or Orange
I
ATTACHMENT A
q
MEMORANDUM OF AGREEMENT BETWEEN THE DEPARTMENT OF THE
ARMY AND THE CITY OF NEWPORT BEACH FOR ACCEPTANCE AND
RETURN OF CONTRIBUTED FUNDS
FOR MAINTENANCE DREDGING OF NEWPORT BEACH HARBOR, CALIFORNIA
This MEMORANDUM OF AGREEMENT (hereinafter referred to as the "MOA "), entered
into this 5`- day of 2012, by and between the DEPARTMENT OF THE
ARMY (hereinafter referred to as the "Government "), represented by the U.S. Army Engineer, Los
Angeles District (hereinafter the "District Engineer "), and the City of Newport Beach (hereinafter
referred to as the "Contributor "), represented by its Mayor.
WITNESSETH THAT:
WHEREAS, the River and Harbor Act of 1945, Public Law 79 -14, authorized construction
of the Federal Navigation Channel at Newport Bay Harbor, California (hereinafter referred to as
the "Project") in accordance with the recommendations contained in the report of the Chief of
Engineers published in Senate Document No. 138, 78rd Congress, Ist Session; and
WHEREAS the Corps is authorized to perform maintenance of the Project using funds
appropriated for dredging and disposal of materials from areas located within the Authorized
Federal Navigation Channel; and
WHEREAS the City of Newport Beach conducted investigations in 2009 that
identified sediment located within some areas of the Channel to be not suitable for open ocean
disposal or for beach disposal; and
WHEREAS the City of Newport Beach has obtained approval to place up to 130,000 cubic
yards of unsuitable sediment in Sliplof the Middle Harbor of the Port of Long Beach; and
WHEREAS sediment that is deemed suitable for open ocean disposal will be disposed of
at the LA -3 Ocean Dredged Material Disposal Site; and
WHEREAS, the Contributor considers it to be in its own interest to expedite the maintenance
of the Project by voluntarily contributing funds (hereinafter referred to as "Contributed Funds ") to be
used by the Government for that purpose; and
WHEREAS, the Government is authorized pursuant to 33 U.S.C. Section 701h, to accept
Contributed Funds, to be expended in connection with Federally appropriated funds, for an
authorized work of public improvement of rivers and harbors whenever such work and expenditure
may be considered by the Chief of Engineers to be advantageous to the interests of navigation;
NOW, THEREFORE, the Government and Contributor agree as follows:
1. Subject to any necessary appropriation, the Contributor shall contribute to the Government
the following sums, in cash: $2,500,000.00.
2. The contribution specified in paragraph 1 above shall be made as follows: provide the
Government with the full amount of the required funds by Electronic Funds Transfer no later than
March 15, 2012, directed to the USACE Finance Center, 5722 Integrity Drive, Millington, TN
38054.
3. In the event that the Contributor contributes more or less than the amount listed in paragraph
1 above, or makes its contributions earlier or later than the date listed in paragraph 2 above, this
MOA shall apply to whatever funds are contributed by the Contributor to the Government pursuant
to this MOA; however, the Government shall not obligate any Contributed Funds before they are
received and available.
4. The Government shall use all Contributed Funds to perform maintenance dredging of the
Project, except with regard to excess Contributed Funds, which are addressed in paragraph 8 of this
MOA. The Contributor shall bear all additional costs of the work for which funds are accepted
including any additional environmental compliance costs.
5. The Government shall provide the Contributor with quarterly accountings of its expenditures
of Contributed Funds for maintenance. The first such accounting shall be provided within 30 days
after the final day of the first complete Government fiscal year quarter following receipt of the
Contributed Funds, and subsequent accountings shall be provided within 30 days after the final day
of each succeeding quarter until the Contributed Funds are completely expended or the Government
concludes maintenance on the Project.
6. Unless directed in law, the Government shall not reimburse the Contributor for Contributed
Funds expended by the Government.
7. The Government shall not credit the Contributor for the Contributed Funds so as to reduce
any obligation for which the Contributor is otherwise responsible or would be required of the
Contributor.
S. The Govemment, subject to the availability of funds and subject to the approval by the
Secretary of the Army, shall return to the Contributor, Contributed Funds not expended by the
Government no later than 2 years from the date of execution of this agreement by the Government. Any
Contributed Funds the Government considers necessary to complete and close out any contract awarded
in reliance on the Contributor's Contributed Funds prior to the applicable 2 year anniversary date,
including, but not limited to, funds necessary to resolve any outstanding claims, shall not be returned until
the contract has been completed, and all claims have been resolved.
9. No creditor repayment is authorized, nor shall be provided, for the Contributed Funds
provided by the Contributor.
10. Nothing herein sba11 constitute, represent, or imply any commitment to budget or appropriate
funding for this Project in the future; and nothing herein shall represent, or give rise to, obligations of
the United States.
11. Before any party to this MCA may bring suit in any court concerning an issue relating to this
I
MOA, such party must first seek in good faith to resolve the issue through negotiation or other forms
of nonbinding alternative dispute resolution mutually acceptable to the parties.
12. The Contributor shall hold and save the Government free from all damages arising from the
design, construction, operation, maintenance, repair, replacement, and rehabilitation of the Project
and any Project - related betterments, except for damages due to the fault or negligence of the
Government or its contractors.
13. Federal and State Laws. In the exercise of their respective rights and obligations under this
MOA, the Contributor and the Government agree to comply with all applicable Federal and State
laws and regulations, including, but not limited to, Section 601 of the Civil Rights Act of 1964,
Public Law 88 -352 (42 U.S.C. 2000d), and Department of Defense Directive 5500.11 issued
pursuant thereto, as well as Army Regulation 600 -7, entitled "Nondiscrimination on the Basis of
Handicap in Programs and Activities Assisted or Conducted by the Department of the Army ".
14. Relationship of Parties. In the exercise of their respective rights and obligations under this
MOA, the Government and the Contributor each act in an independent capacity, and neither is to be
considered the officer, agent, or employee of the other.
15. Officials Not to Benefit. No member of or delegate to the Congress, nor any resident
commissioner, shall be admitted to any share or part of this MOA, or to any benefit that may arise
therefrom.
16. Notices.
a. Any notice, request, demand, or other communication required or permitted to be given
under this MOA shall be deemed to have been duly given if in writing and either delivered personally
or by telegram or mailed by first- class, registered, or certified mail, as follows:
If to the Contributor:
City of Newport Beach
Post Office Box 1768
Newport Beach, California 92658 -8915
If to the Government:
Army Corps of Engineers
ATTN: CESPL -PM -N
915 Wilshire Boulevard
Los Angeles, California 90017
b. A party may change the address to which such communications are to be directed by giving
written notice to the other party in the manner provided in this paragraph.
c. Any notice, request, demand, or other communication made pursuant to this paragraph shall
be deemed to have been received by the addressee at the earlier of such time as it is actually received
or seven days after it is mailed.
17. Confidentiality. To the extent permitted by the laws governing each party, the parties agree
to maintain the confidentiality of exchanged information when requested to do so by the providing
party.
IN WITNESS WHEREOF, the parties have executed this MCA as of the day, month, and
year first above written.
THE DEPARTMENT OF THE ARMY
QULBY:
R. Wa& Toy, P. .
Colonel, Corps o sneers
Commander and District Engineer
CITY OF NEWPORT BEACH
BY:
Nancy G er
Mayor
City of Newport Beach
Approved as to Form:
C
Aaron Harp
City Attorney
City of Newport Beach
gui 4 hw
Leilani Town
City Clerk
City of Newport Beach
a
CERTIFICATE OF AUTHORITY
I, Aaron Ham, do hereby certify that I am the principal legal officer of the CITY OF
NEWPORT BEACH that the CITY OF NEWPORT BEACH is a legally constituted public body
with full authority and legal capability to perform the terms of the Agreement between the
Department of the Army and the CITY OF NEWPORT BEACH in connection with the Authorized
Federal Navigation Channel at Newport Beach, California, and to pay damages in accordance with
the terms of this Agreement, if necessary, in the event of the failure to perform, as required by
Section 221 of Public Law 91 -611 (42 U.S.C. Section 1962d -5b), and that the persons who have
executed this Agreement on behalf of the CITY OF NEWPORT BEACH have acted within their
statutory authority.
IN WITNESS WHEREOF, I have made and executed this certification 1" day of March, 2012.
' C L'—
Aaron Harp
City Attorney
City of Newport Beach
CERTIFICATION REGARDING LOBBYING
The undersigned certifies, to the best of his or her knowledge and belief that:
(1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the
undersigned, to any person for influencing or attempting to influence an officer or employee of any
agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of
Congress in connection with the awarding of any Federal contract, the making of any Federal grant,
the making of any Federal loan, the entering into of any cooperative agreement, and the extension,
continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or
cooperative agreement.
(2) If any funds other than Federal appropriated funds have been paid or will be paid to any
person for influencing or attempting to influence an officer or employee of any agency, a Member of
Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall
complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance
with its instructions.
(3) The undersigned shall require that the language of this certification be included in the award
documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under
grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose
accordingly.
This certification is a material representation of fact upon which reliance was placed when
this transaction was made or entered into. Submission of this certification is a prerequisite for
making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person
who fails to file the required certification shall be subject to a civil penalty of not less than $10,000
and not more than $100,000 for each such failure.
Nancy G
Mayor
City of Newport Beach
DATE: �� 42
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ATTACHMENT B
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ATTACHMENT C
15
Agreement No. OCP12 -001
Lower Newport Bay
(Maintenance Dredging)
COOPERATIVE AGREEMENT
FOR THE FUNDING OF
MAINTENANCE DREDGING
OF LOWER NEWPORT BAY
THIS COOPERATIVE AGREEMENT FOR THE FUNDING OF MAINTENANCE DREDGING OF
LOWER NEWPORT BAY ( "Agreement') is made , 2012, by and between
the COUNTY OF ORANGE, a political subdivision of the State of California ( "County "), and the
CITY OF NEWPORT BEACH, a municipal corporation ( "City'). The County and City may be
referred to herein individually as a "Party," or collectively as the "Parties."
RECITALS
WHEREAS, the City and the US Army Corps of Engineers ( "Corps ") have entered into a
Memorandum of Agreement to facilitate maintenance dredging of the Lower Newport Bay
( "Maintenance Dredging Areas ") as shown on "Exhibit A," attached hereto; and
WHEREAS, the tidelands in Lower Newport Bay are owned by or under the jurisdiction
of either the County ( "County Tidelands ") or the City ( "City Tidelands "), as shown on "Exhibit
B," attached hereto; and
WHEREAS, the Corps is only funding a portion of the dredging costs with additional
financial assistance being provided by the City; and
WHEREAS, the City has requested a financial contribution from the County to cover the
cost of dredging the Maintenance Dredging Areas within County Tidelands areas; and
WHEREAS, the City and County also desire to take advantage of a mobilized dredging
contractor to dredge additional areas both included and not included in the Maintenance
Dredging Areas; and
WHEREAS, the additional dredge areas within the County Tidelands are the "Upper
Newport Channel," an area south of the Pacific Coast Highway Bridge and already included in
the Maintenance Dredging Areas, and the "Linda Isle /Harbor Island Channel," an area
between Linda Isle and Harbor Island; and
WHEREAS, the Maintenance Dredging Areas, the Upper Newport Channel and the
Linda Isle /Harbor Island Channel shall collectively be known as the "Project;" and
WHEREAS, dredging permits are already secured for the Maintenance Dredging Areas
which includes the Upper Newport Channel; and
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WHEREAS, the City will be responsible for the processing of the necessary permits for
dredging the Linda Isle /Harbor Island Channel Areas; and
WHEREAS, the County will reimburse the City a prorata share of the cost of dredging
the Maintenance Dredging Areas within County Tidelands and a prorata share of the cost of
permitting, dredging and mitigating the Linda Isle /Harbor Island Channel Areas in an amount not
to exceed One Million Five Hundred Thirty Eight Thousand Dollars and 00/100
($1,538,000); and
WHEREAS, this Agreement will define how the County funds are to be allocated and
disbursed to the City for the Project.
NOW, THEREFORE, it is agreed by the Parties hereto as follows:
PROJECT
The Project shall consist of dredging those areas as specified in "Exhibit C" — County
Dredge Areas and Cost Estimates, attached hereto.
2. COUNTY MAXIMUM FINANCIAL OBLIGATION
A. County shall provide funding assistance from OC Parks funds in an amount not
to exceed One Million Five Hundred Thirty Eight Thousand Dollars and
00/100 ($1,538,000).
Such financial assistance shall be used by City solely for actual dredging costs,
necessary permitting costs including consulting services to obtain permits, and
mitigation costs; County's contribution shall not be used for City's staff salaries,
ongoing operations and maintenance, the purchase of equipment, office
supplies, or other administrative expenses or overhead.
3. COUNTY RESPONSIBILITIES
A. The County shall allocate OC Parks funds for dredging of those County
Tidelands areas as specified in Exhibit C.
Upon completion of dredging in the County Tidelands areas, City shall invoice
County for those portions of the Project. County shall pay City within thirty (30)
calendar days of receipt of invoices for approved project areas as specified in
Exhibit C. All invoices shall be subject to the routine processing requirements of
County's Auditor - Controller. County may withhold payment for any unapproved
Project expenses. Should there be a dispute regarding unapproved Project
charges, County shall immediately contact the City for resolution.
C. Notwithstanding the above, in the event there are changes or modifications to the
dredging areas within the County Tidelands, the County's Director of OC Parks
may reallocate or redirect the OC Parks funds to other County Tidelands areas
provided the County's maximum financial obligation is not exceeded as stated in
Section 2.A above.
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4. CITY RESPONSIBILITIES
A. The City shall fully utilize the County funding provided under this Agreement for
dredging of the County Tidelands areas and for County's prorata share of the
permitting, dredging and mitigation costs associated with the Project Areas.
B. The City shall obtain the necessary permits for dredging of the Project Areas.
C. Within sixty (60) calendar days after filing of the final Notice of Completion for the
Project, City shall submit an accounting report to County. The report shall
include full, true and correct copies of documents, certificates, and itemized bills
reflecting the actual cost of the Project that is within the County Tidelands. City
shall permit County to review records relating to project expenditures. Records
shall be retained and made available to County for review for a minimum of three
(3) years after completion of the Project.
5. Availability of Funds. The obligation of County is subject to the availability of funds
appropriated for this purpose, and nothing herein shall be construed as obligating the
County to expend or as involving the County in any contract or other obligation for future
payment of money in excess of appropriations authorized pursuant to this Agreement.
6. Indemnification.
A. County. Neither City nor any officer or employee thereof shall be responsible for
any damage or liability occurring by reason of anything done or omitted to be
done by County under or in connection with any work or activity under this
Agreement. It is understood and agreed that, pursuant to Government Code
Section 895.4, County shall fully indemnify and hold City harmless from any
liability imposed injury (as defined by Government Code Section 810.8) occurring
by reason of anything done or omitted to be done by County under or in
connection with any work or activity under this Agreement.
B. Citv. Neither County nor any officer or employee thereof shall be responsible for
any damage or liability occurring by reason of anything done or omitted to be
done by City under or in connection with any work or activity under this
Agreement. It is understood and agreed that, pursuant to Government Code
Section 895.4, City shall fully indemnify and hold County harmless from any
liability imposed injury (as defined by Government Code Section 810.8) occurring
by reason of anything done or omitted to be done by City under or in connection
with any work or activity under this Agreement.
Governing Law. The City and County understand and agree that the laws of the State of
California shall govern the rights, obligations, duties and liabilities of the Parties to this
Agreement and also govern the interpretation of this Agreement. 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 to hereby submit to the jurisdiction of such court, notwithstanding
Code of Civil Procedure Section 394. Furthermore, the Parties specifically agree to
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waive any and all rights to request that an action be transferred for trial to another
County.
8. Assignment. This Agreement shall be binding upon and inure to the benefit of the
successors and assigns of the Parties. No assignment of City's interest in this
Agreement shall be made without the written consent of the County. Furthermore, City
agrees that any County funds received under this Agreement shall not be expended on,
given to, shared with, or otherwise provided to any other city, local agency or other entity
not contemplated under this Agreement.
Amendments. This Agreement is the sole and only agreement between the parties
regarding the subject matter hereof, and other agreements on this subject matter either
oral or written are void. Any amendments to this Agreement shall be in writing and shall
be properly executed by both Parties and approved as to form by County's County
Counsel and City's City Attorney.
10. Integration. This Agreement constitutes the entire agreement of the Parties. No other
agreement, oral or written, pertaining to the work to be performed under this Agreement
shall be of any force or effect unless it is in writing and signed by both Parties.
11. Severability. If any part of this Agreement is held, determined, or adjudicated to be
illegal, void, or unenforceable by a court of competent jurisdiction, the remainder of this
Agreement shall be given effect to the fullest extent reasonably possible.
12. Termination. County may terminate this Agreement for any reason provided that the
City has not awarded any project on which its allocation will be expended. However,
County shall reimburse City within thirty (30) calendar days of termination for all costs
incurred by City on County's behalf under this Agreement. After the City has awarded a
project on which its allocation will be expended, County may terminate this Agreement if
the City is in breach of this Agreement. Any such termination shall be accomplished by
delivery to City a Notice of Termination, which notice shall become effective not less
than thirty (30) calendar days after receipt, specifying the reason for the termination, the
extent to which funding is terminated, and the date upon which the termination is
effective.
13. Breach. The failure of the City to comply with any of the terms and conditions of this
Agreement shall be a material breach of this Agreement.
14. Binding Obligation. The Parties to this Agreement represent and warrant that this
Agreement has been duly authorized and executed and constitutes the legally binding
obligation of their respective organization or entity enforceable in accordance with its
terms.
15. Attorneys' Fees. In any action or proceeding to enforce or interpret any provision of this
Agreement, or where any provision hereof is validly asserted as a defense, each Party
shall bear its own attorney's fees, costs and expenses.
16. Reserved.
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17. Counterparts. This Agreement may be executed in two or more counterpart, each of
which shall be deemed an original, but all of which together shall constitute one and the
same instrument
18. Notices. Except as otherwise provided herein, all notices required under this Agreement
shall be in writing and delivered personally or by first class mail, postage prepaid, to
each Party at the address listed below. Either Party may change the notice address by
notifying the other Party in writing. Notices may be sent by either facsimile or U.S. Mail.
Notices shall be deemed received upon receipt of same or within 3 days of deposit in the
U.S. Mail, whichever is earlier. Notices sent by facsimile shall be deemed received on
the date of the facsimile transmission.
To County: County of Orange
OC Parks
13042 Old Myford Roac
Irvine, CA 92602 -2304
Attn: Director OC Parks
Fax: (714) 667 -6511
To City: City of Newport Beach
Attn: City Manager
3300 Newport Boulevard
P.O. Box 1768
Newport Beach, CA 92658
Fax: (949) 644 -3020
With a copy to:
City of Newport Beach
Attn: Harbor Resources Manager
829 Harbor Island Dr.
Newport Beach, CA 92660
Fax: (949) 723 -0589
19. Attachments. This Agreement includes the following, which are attached hereto and
made a part hereof.
I. Exhibit A — Lower Newport Bay Maintenance Dredging Areas
Il. Exhibit B — Lower Newport Bay Tidelands Map
lll. Exhibit C —County Dredge Areas and Cost Estimates
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IN WITNESS of this Agreement, the Parties have entered into this Agreement as of the dates
written below.
APPROVED AS TO FORM
CITY ATTORNEY'S OFFICE
Date:
Aar4Har
City Attorney
For the City of Newport Beach
Attest:
Date:
Leilani Brown, City Clerk
Signed and certified that a copy of this
document has been delivered to the
Chair of the Board per G.C. Sec. 25103,
Resolution 79 -1535
Attest:
Susan Novak
Clerk of the Board of Supervisors
Orange County, California
APPROVED AS TO FORM:
County Counsel
Orange County, California
M2
mwh:7/2/12
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City
City of Newport Beach, a California
municipal corporation
Date:
By:
Nancy Gardner
Mayor
County
County of Orange, a political subdivision of
the State of California
By:
Chair, Board of Supervisors
Date:
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