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HomeMy WebLinkAbout09 - Lower Newport Bay Maintenance DredgingCITY OF NEWPORT B E U - C fJ .wu 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 $100,000 for each such failure. Nancy G Mayor City of Newport Beach DATE: �� 42 ru ATTACHMENT B 1-10 IMIR74.0 w ISE 1111 IF-1 i IT s ya3o ✓9p rg..,'`��.' s \`V!_ q p'V x r Z 'e_ s Newo :�Aa$;8o-oy 4 s 9 ,3N ym C g S S/f e� Oz u T mp ` s o � n C7 m C7 m z 1 d i Vii• o �% ` � m - , • �yo . Id ti ort a' AT P. In i , eAi .gPVP Oq HARIHE RvEi, i � r 9 1rr 5 yr Y ea - .Pyd It Np b4 OSJO .. i *EST c OR '.NEWPpRT .f np9, .•` cFM1ER N D g �y MN`15H.9yF 15tld. . O .. G 1a w g ✓9p rg..,'`��.' s \`V!_ q p'V 4YWCENTIN AVE Z //r Newo o � n C7 m C7 m z 1 d i Vii• o �% ` � m - , • �yo . Id ti ort a' AT P. In i , eAi .gPVP Oq HARIHE RvEi, i � r 9 1rr 5 yr Y ea - .Pyd It Np b4 OSJO .. i *EST c OR '.NEWPpRT .f np9, .•` cFM1ER N D g �y MN`15H.9yF 15tld. . O .. G 1a 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 mwh:7/2/2012 1 iq 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. mwh:7/2/12 2 /.S 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 mwh:7l2112 I 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. mwh:7/2/12 ld 13 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 mwh:7/2/12 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 [7 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: l'91 bi ,z 3 / m \ .� ! � Q7� k|0 £ ! /� ! #4l ( | \; {� m % & \� w � m ..�� ƒ � @ � � m \ / I 91 1 1 n n � 0 o d d = � n d d !D 3 D � d d s r O v s Z 0 A O� N 3Z] to N us H F+ F+ O Vf O u A W N D v D to v+ v. 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