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HomeMy WebLinkAboutC-7684-2 - License Agreement for 1901 Bayside Drive - Boat SlipsORANGE COUNTY BOARD OF SUPERVISORS K5 I h,l li ll tl t 3 t January 08, 2014 Submitting,gencylDejrartment: County Executive Office Adopt resolution delegating authority to Chief Real Estate Officer or designee to execute revenue leases and licenses of County property that meet specific criteria and perform other activities; direct Chief Real Estate Officer or designee to submit an annual report to the Board; and make California Environmental Quality Act and other findings - All Districts The following is action taken by the Board of 8uperuisorsr APPROVED AS RECOMMENDED N OTHER 17 Unanimous ❑ (1) DO: N (2) STEEL: Y (3) VACANT: (4) CHAFFEE; Y (5) BARTLETT: Y Yate Key: Y Yes; N—No; A—Abstain; X=Excused; B. D. =Board Order Documents accompanying this matter; 13 Resolution(s) 19-002 ❑ Ordinances(s) ❑ Contract(s) Item No. 23 Special Notes: Copies sent to- CEO/Real EvIate Thomas Miller 1/11/19 --A 1 certify that the foregoing is a true and correct copy of the Minute Order adopted by the Board of Supervisors, Orange County, State of California. Rohl n-Sdeler, Clerk of the Board Deputy 1 RESOLUTION OF THE HOARD OF SUPERVISORS ORANGE COUNTY, CALIFORNIA January 8, 2019 WHEREAS, Government Code Section 25537 provides that a county board of supervisors may delegate to county officers the authority to grant leases or licenses on any real property belonging to, leased by, or licensed by, the county when the lease or license duration does not exceed ten (10) years and the minimum monthly rental or license fee has been established by the board; WHEREAS, Government Code Section 25537 provides that a county officer's authority granted pursuant to that section may not be effective for more than five (5) years; WHEREAS, Orange County Codified Ordinance section 1-4-154 allows such authority to be delegated by resolution; and WHEREAS, your honorable Board, previously authorized the Chief Real Estate Officer or designee to execute leases and licenses in the amounts prescribed by law pursuant to Resolution No. 14-014, which authority expires on January 27, 2019, NOW THEREFORE, BE IT RESOLVED BY the Board of Supervisors of the County of Orange, California that: 1. In accordance with Orange County Codified Ordinance section 1-4-154 and Government Code Section 25537, leases or licenses of county real property for a duration not exceeding ten (10) years and having an estimated monthly rental or license fee not exceeding fifteen thousand dollars ($15,000), where the lease or license is not renewable, shall be excluded from the specified bidding procedure; and the authority to execute such agreements is hereby delegated to the Chief Real Estate Officer, or designee. 2. Notice of intent to lease or license property pursuant to paragraph 1 of this Resolution shall be given to housing sponsors, as defined by Sections 50074 and 50074.5 of the Health and Safety Code, if the lease or license involves residential real property and, at least fifteen (15) days prior to accepting offers to lease or license pursuant to this Resolution, to persons who have filed a written request for notice with the Clerk of the Board, The notice shall describe the property proposed to be leased or licensed, the terms of the lease or license, the location where offers to lease or license the property will be accepted, the location where the lease or license will be executed, and any county officer authorized to execute the lease or license. 3. Pursuant to this Resolution, the Chief Real Estate Officer, or designee is authorized to detennine fair market rent or license fee, establish criteria to determine tenant'sllicensee's ability to pay, advertise the availability of property, Resolution No. 19-002, Item No. 23 Delegated Authority for Leases and Licenses select tenant or licensee, negotiate, and execute and or amend leases and licenses and related documents, upon review by County Counsel. 4. The Chief Real Estate Officer, or designee, executing such lease or license, shall provide a notice to the supervisorial district office in which the property proposed to be leased or licensed is located, at least five (5) working days prior to execution of the lease or license. The notice shall describe the property proposed to be leased or licensed, the terms and conditions of the lease or license, and the name of the proposed lessee or licensee. If the supervisorial district has not responded in writing objecting to the proposed lease or license within five (5) working days after the notice has been provided, the proposed lease or license shall be deemed approved by the district office. If the supervisorial district office objects to the proposed lease or license in writing within five (5) working days, the lease or license may be submitted for approval by the Board of Supervisors at a regular meeting. 5. The Manager, CEO/Risk Management is authorized to waive requirements for insurance in the lease or license agreements if the Manager, CEO/Risk Management deems such insurance, or any portion thereof, is unnecessary to adequately protect the County's interest with respect to the proposed use of and activities on and about said property. 6. The delegated authority herein shall be effective for five (5) years. Resolution No. 19-002, Item No. 23 Delegated Authority for Leases and Licenses The foregoing was passed and adopted by the following vote of the Orange County Board of Supervisors, on January 08, 2019, to wit: AYES: Supervisors: NOES: Supervisor(s): EXCUSED: Supervisor(s): ABSTAINED: Supervisor(s): STATE OF CALIFORNIA } } COUNTY OF ORANGE } LISA A. BARTLETT, MICHELLE STEEL, DOUG CHAFFEE ANDREW DO 7 CHAffQ AN I, ROBIN STIELER, Clerk of the Board of Orange County, California, hereby certify that a copy of this document has been delivered to the Chairman of the Board and that the above and foregoing Resolution was duly and regularly adopted by the Orange County Board of Supervisors IN WITNESS WHEREOF, I have hereto set my hand and seal. Resolution No: 19-002 Agenda Date: 01/08/2019 Item No: 23 r ROB 1 ,STIELER Clerk the Board County of Orange, State of California I oar* that the ibregoing is a am and correct copy of the Resolution adopted by the Board of supervisors, Orange County, State of California Robin Stieler, Clerk of the Board of Supervisors By: Deputy __--------- •-251 • HA55D Harbor Patrol Complex 1901 Bayside Drive Corona del Mar, CA 92625 City of Newport Beach Lifeguard Operations LICENSE AGREEMENT THIS LICENSE AGREEMENT ("License") is made and entered into ':��i�_ 3 2019 ("Effective Date"), by and between CITY OF NEWPORT BEACH, a municipal corporation (hereinafter referred to as "Licensee") and the COUNTY OF ORANGE, a political subdivision of the State of California (hereinafter referred to as "County" or "Licensor"), without regard to number and gender. County and Licensee may sometimes hereinafter be referred to individually as "Party" or jointly as "Parties." 1. DEFINITIONS (SRLic-1.0 S) The following words in this License shall have the significance attached to them in this Clause 1 (DEFINITIONS), unless otherwise apparent from context: "Board of Supervisors" means the Board of Supervisors of the County of Orange, a political subdivision of the State of California. "CEO/Office of Risk Management" means the Risk Manager, County Executive Office, Risk Management, County of Orange, or designee, or upon written notice to Licensee, such other person or entity as shall be designated by the County Executive Officer or the Board of Supervisors. "Chief Real Estate Officer" means the Chief Real Estate Officer, County Executive Office, Real Estate Section, County of Orange, or upon written notice to Licensee, such other person as shall be designated by the County Executive Officer. "County Executive Officer" means the County Executive Officer, County Executive Office, County of Orange, or designee, or upon written notice to Licensee, such other person or entity as shall be designated by the Board of Supervisors. "Director of OCPW" means the Director of Orange County Public Works for the County of Orange, or upon written notice to Licensee, such entity as shall be designated by the County Executive Officer or the Orange County Board of Supervisors. 2. LICENSE AREA (SRLic-1.1 S) County grants to Licensee the right to use that certain property located at 1901 Bayside Drive, Corona del Mar, California, as shown in Exhibit A, which exhibit is attached hereto and by reference made a part hereof (hereinafter referred to as the "License Area"), together with non-exclusive, in common use of gangways, driveways, and pedestrian walkways appurtenant to the License Area. This right also includes reasonable and non-exclusive right to access the License Area. 3. USE (SRLic-1.2 S) Licensee's use of the License Area shall be limited to three (3) boat slips and garage area within the License Area for use by Licensee's lifeguard patrol boats. RSI 10/2/2018 Page 1 of 19 HA55D-251 OC Parks Standard Revenue License Form 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) RSI 10/2/2018 Page 2 of 19 FIA55D-251 OC Parks Standard Revenue License Form Licensee shall keep the License Area clean and in good repair during any time which Licensee, its agents, employees, invitees or permittees use the License Area at its sole cost and expense. Except as otherwise expressly set forth in this License, Licensee shall be responsible for all costs relating to the operation and maintenance of the License Area. 14. UTILITIES AND JANITORIAL (SRLic-2.3 N) Licensee shall be responsible for and pay an annual fee of one hundred and fifty dollars ($150.00) as the pro rata share of utilities used on the License Area. Payment will be due and payable upon execution of this agreement and the County of Orange will invoice Licensee annually thereafter. 15. CONSTRUCTION AND/OR ALTERATION BY LICENSEE (SRLic-2.4 S) County's Consent. No structures, improvements, or facilities shall be constructed, erected, altered, or made within the License Area without prior written consent of County. Any conditions relating to the manner, method, design, and construction of said structures, improvements, or facilities fixed by the County as a condition to granting such consent, shall be conditions hereof as though originally stated herein. Strict Compliance with Plans and Specifications. All improvements constructed by Licensee within the License Area shall be constructed in strict compliance with detailed plans and specifications approved by County and to the extent applicable, in compliance with the requirements of California Public Contract Code Section 22000 et seq., which requires those improvements to be constructed as if such improvements had been constructed under the direction and supervision, or under the authority, of County. 16. OWNERSHIP OF IMPROVEMENTS (SRLic-2.5 S) All improvements, exclusive of trade fixtures, constructed or placed within the License Area by Licensee ("Licensee Improvements") must, upon completion, be free and clear all liens, claims, or liability for labor or material and at County's option shall be the property of County's at the termination of this License. County retains the right to require Licensee, at Licensee's cost, to remove all of Licensee's Improvements located on the License Area at the expiration or termination hereof. In the event that Licensee fails to remove said Licensee Improvements within fifteen (15) days following receipt of written notice from County to do so, such Licensee Improvements will be deemed abandoned and Licensee shall lose all right, title and interest in and thereto, and County may elect (i) at Licensee's cost, to remove, demolish, or otherwise dispose of some or all of such items or (ii) sell or make use of any or all such items. 17. MECHANICS LIENS OR STOP -NOTICES (SRLic-2.6 S) Licensee shall at all times indemnify, defend with counsel approved in writing by County and save County harmless from all claims, losses, demands, damages, cost, expenses, or liability costs for labor or materials in connection with construction, repair, alteration, or installation of structures, improvements, equipment, or facilities within the Premises, and from the cost of defending against such claims, including attorney fees and costs. RS 10/2/2018 Page 3 of 19 Hn55D-251 OC Parks Standard Revenue License Form In the event a lien or stop notice is imposed upon the Premises as a result of such construction, repair, alteration, or installation, Licensee shall either: A. Record a valid Release of Lien, or B. Procure and record a bond in accordance with Section 3143 of the Civil Code, which frees the Premises from the claim of the lien or stop notice and from any action brought to foreclose the lien. Should Licensee fail to accomplish either of the two optional actions above within fifteen (15) days after the filing of such a lien or stop notice, the Licensee shall be in Licensee Default and shall be subject to immediate termination. 18. OPERATIONAL REQUIREMENTS OF LICENSEE (SRLic-2.7 S) Licensee shall, to the satisfaction of County, keep and maintain the License Area and all improvements of any kind in good condition and in substantial repair, normal wear and tear excepted. It shall be Licensee's responsibility to take all steps necessary or appropriate to maintain such standard of condition and repair. Licensee expressly agrees to maintain the License Area in a safe, clean, wholesome, and sanitary condition, to the complete satisfaction of County and in compliance with all applicable laws. Licensee further agrees to provide approved containers for trash and garbage and to keep the License Area free and clear of rubbish and litter. County shall have the right to enter upon and inspect the License Area at any time to verify conformity with any terms and conditions of this License including cleanliness and safety. Licensee shall designate in writing to County an on-site representative who shall be responsible for the day to day operation and level of maintenance, cleanliness, and general order. If Licensee fails to maintain or make repairs or replacements as required herein, County may notify Licensee in writing of said failure. Should Licensee fail to correct the situation within three (3) business days thereafter, County may make or cause to be made the necessary correction, and the cost thereof, including, but not limited to, the cost of labor, materials, and equipment and administration, shall be paid by Licensee within ten (10) days of receipt of a statement of said cost from County. County may, at County's option, choose other remedies available herein, or by law. Upon expiration or termination of the License, the License Area must be returned to its original condition and the Licensee is solely responsible for any costs or damages. 19. INSURANCE (SRLic-2.8 S) Licensee agrees to purchase all required insurance, or maintain a program of self-insurance, at Licensee's expense and to deposit with the County certificates of insurance, including all endorsements required herein, necessary to satisfy the County that the insurance provisions of this License have been complied with and to keep such insurance coverage and the certificates and endorsements therefore on deposit with the County during the entire term of this License. Licensee agrees that Licensee shall not operate on the License Area at any time the required insurance is not in full force and effect as evidenced by a certificate of insurance and necessary endorsements or, in the interim, an official binder being in the possession of the County. In no cases shall assurances by Licensee, its employees, agents, including any insurance agent, be construed as adequate evidence of insurance. The RS1 10/2/2018 Page 4 of 19 HA55D-251 OC Parks Standard Revenue License Foran 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. Rs1 10/2/2018 Page 5 of 19 HA55D-251 OC Parks Standard Revenue License Form Qualified Insurer The policy or policies of insurance must be issued by an insurer with a minimum rating of A- (Secure A.M. Best's Rating) and VIII (Financial Size Category as determined by the most current edition of the Best's Key Rating Guide/Property-Casualty/United States or ambest.com). It is preferred, but not mandatory, that the insurer be licensed to do business in the state of California (California Admitted Carrier). If the insurance carrier does not have an A.M. Best Rating of A -/VIII, the CEO/Office of Risk Management retains the right to approve or reject a carrier after a review of the company's performance and financial ratings. The policy or policies of insurance maintained by the Licensee shall provide the minimum limits and coverage as set forth below: Coverages Commercial General Liability Automobile Liability including coverage for owned, non -owned and hired vehicles Workers' Compensation Employers' Liability Insurance Required Coverage Forms Minimum Limi $1,000,000 per occurrence $2,000,000 aggregate $1,000,000 limit per occurrence Statutory $1,000,000 per occurrence The Commercial General Liability coverage shall be written on Insurance Services Office (ISO) form CG 00 01, or a substitute form providing liability coverage at least as broad. The Business Auto Liability coverage shall be written on ISO form CA 00 01, CA 00 05, CA 00 12, CA 00 20, or a substitute form providing liability coverage at least as broad. Required Endorsements The Commercial General Liability policy shall contain the following endorsements, which shall accompany the Certificate of insurance: 1) An Additional Insured endorsement using ISO form CG 20 26 04 13 or a form at least as broad naming the County of Orange, its elected and appointed officials, officers, employees, agents as Additional Insureds. Blanket coverage may also be provided which will state- As Required By Written Agreement. 2) A primary non-contributing endorsement using ISO form CG 20 01 04 13, or a form at least as broad, evidencing that the Licensee's insurance is primary and any insurance or self- insurance maintained by the County of Orange shall be excess and non-contributing. RS1 10/2/2018 Page 6 of 19 HA55D-251 OC Parks Standard Revenue License Form The Workers' Compensation policy shall contain a waiver of subrogation endorsement waiving all rights of subrogation against the County of Orange, its elected and appointed officials, officers, agents and employees. Blanket coverage may also be provided which will state- As Required By Written Agreement. All insurance policies required by this license shall waive all rights of subrogation against the County of Orange, its elected and appointed officials, officers, agents and employees when acting within the scope of their appointment or employment. Licensee shall notify County in writing within thirty (30) days of any policy cancellation and ten (10) days for non-payment of premium and provide a copy of the cancellation notice to County. Failure to provide written notice of cancellation may constitute a material breach of the LICENSE, upon which the County may suspend or terminate this LICENSE. The Commercial General Liability policy shall contain a severability of interests clause, also known as a "separation of insureds" clause (standard in the ISO CG 001 policy). Insurance certificates should be forwarded to the County address provided in the Clause 48 (NOTICES) below or to an address provided by the Chief Real Estate Officer. Licensee has ten (10) business days to provide adequate evidence of insurance or this License may be cancelled. County expressly retains the right to require Licensee to increase or decrease insurance of any of the above insurance types throughout the term of this License. Any increase or decrease in insurance will be as deemed by County of Orange Risk Manager as appropriate to adequately protect County. County shall notify Licensee in writing of changes in the insurance requirements. If Licensee does not deposit copies of acceptable certificates of insurance and endorsements with County incorporating such changes within thirty (30) days of receipt of such notice, this License may be in breach without further notice to Licensee, and County shall be entitled to all legal remedies. The procuring of such required policy or policies of insurance shall not be construed to limit Licensee's liability hereunder nor to fulfill the indemnification provisions and requirements of this License, nor in any way to reduce the policy coverage and limits available from the insurer. 20. INDEMNIFICATION (SRLic-2.9 S) Licensee's Indemnity. Licensee hereby agrees to indemnify, hold harmless, and defend County, its officers, agents, and employees, with counsel approved by County, against any and all claims, loss, demands, damages, cost, expenses or liability arising out of the ownership, maintenance, or use of the Premises, except for liability arising out of the concurrent active or sole negligence of County, its officers, agents, or employees, including the cost of defense of any lawsuit arising therefrom. In the event County is named as co-defendant, Licensee shall notify County of such fact and shall represent County, with counsel approved by County, in such legal action unless County undertakes to represent itself as co-defendant in such legal action, in which event Licensee shall pay to County its reasonable litigation costs, expenses and attorney's fees. In the event judgment is entered against County and Licensee because of the concurrent active negligence of County and Licensee, their officers, agents, or employees, an apportionment of liability to pay such judgment shall be made by a court of competent jurisdiction. Neither Party shall request a jury apportionment. County's Non -liability. County shall not be liable to Licensee and Licensee hereby waives all claims against Rsi 10/2/2018 Page 7 of 19 HA55D-25i OC Parks standard Revenue License form County, its employees and agents for loss of or damage to any property, or any injury to any person, resulting from any condition including, but not limited to, acts or omissions (criminal or otherwise) of third parties, or their agents, employees or invitees, fire, explosion, falling plaster, steam, gas, electricity, water or rain which may leak or flow from or into any part of the Premises or from the breakage, leakage, obstruction or other defects of the pipes, sprinklers, wires, appliances, plumbing, air conditioning, electrical works or other fixtures in the Premises, regardless of the negligence of County, its agents or any and all affiliates of County in connection with the foregoing. It is understood that any such condition may require the temporary evacuation or closure of all or a portion of the Premises. Should Licensee elect to receive any service from a concessionaire, licensee or third party tenant of County, Licensee shall not seek recourse against County for any breach or liability of that service provider. Notwithstanding anything to the contrary contained in this License, in no event shall County be liable for Licensee's loss or interruption of business or income (including without limitation, Licensee's consequential damages, lost profits or opportunity costs), or for interference with light or other similar intangible interests. Licensee shall immediately notify County in case of fire or accident in the Premises and of defects in any improvements or equipment within the Premises. Waiver of Subrogation. County and Licensee each hereby waives all rights of recovery against the other on account of loss and damage occasioned to the Premises of such waiving Party to the extent that the waiving Party is entitled to proceeds for such loss and damage under any property insurance policies carried or otherwise required to be carried by this License; provided however, that the foregoing waiver shall not apply to the extent of Licensee's obligation to pay deductibles under any such policies and this Lease. By this waiver it is the intent of the Parties that neither County nor Licensee shall be liable to any insurance company (by way of subrogation or otherwise) insuring the other Party for any loss or damage insured against under any property insurance policies, even though such loss or damage might be occasioned by the negligence of such Party, its agents, employees, contractors or invitees. Licensee acknowledges that it is familiar with the language and provisions of California Civil Code Section 1542, which provides as follows: A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him, must have materially affected his settlement with the debtor. Licensee, being aware of and understanding the terms of Section 1542, hereby waives all benefit of its provisions to the extent described in this paragraph, with such waiver being limited only to claims arising out of or related to this License. 21. HAZARDOUS MATERIALS (SRLic-3.0 S) Definition of Hazardous Materials. For purposes of this License, the term "Hazardous Material" or "Hazardous Materials" shall mean any hazardous or toxic substance, material, product, byproduct, or waste, which is or shall become regulated by any governmental entity, including, without limitation, the County acting in its governmental capacity, the State of California or the United States government. Use of Hazardous Materials. Licensee or Licensee's employees, agents, independent contractors or invitees (collectively "Licensee Parties") shall not cause or knowingly permit any Hazardous Materials to be brought upon, stored, kept, used, generated, released into the environment or disposed of on, under, from or about the License Area (which for purposes of this Clause shall include the subsurface soil and ground water). Notwithstanding the foregoing, Licensee may keep on or about the License Area small quantities of Hazardous Materials which are customarily used in connection with any permitted use of the License Area RSI 10/2/2018 Page 8 of 19 HA55D-251 OC Parks Standard Revenue License Form under this License (which Hazardous Materials shall be used and disposed of in compliance with all applicable Laws). Licensee Obligations. If the presence of any Hazardous Materials on, under or about the License Area caused or permitted by Licensee or Licensee Parties results in (i) injury to any person, (ii) injury to or contamination of the License Area (or a portion thereof), or (iii) injury to or contamination of any adjacent real or personal property, Licensee, at its sole cost and expense, shall promptly take all actions necessary or appropriate to return the License Area to the condition existing prior to the introduction of such Hazardous Materials to the License Area and to remedy or repair any such injury or contamination. Without limiting any other rights or remedies of County under this License, Licensee shall pay the cost of any cleanup or remedial work performed on, under, or about the License Area as required by this License or by applicable laws in connection with the removal, disposal, neutralization or other treatment of such Hazardous Materials caused or permitted by Licensee or Licensee Parties. Notwithstanding the foregoing, Licensee shall not take any remedial action in response to the presence, discharge or release, of any Hazardous Materials on, under or about the License Area caused or permitted by Licensee or Licensee Parties, or enter into any settlement agreement, consent decree or other compromise with any governmental or quasi -governmental entity without first obtaining the prior written consent of the Chief Real Estate Officer. All work performed or caused to be performed by Licensee as provided for above shall be done in good and workmanlike manner and in compliance with plans, specifications, and other requirements for such work reasonably approved by County. 22. BEST MANAGEMENT PRACTICES (SRLic-3.1 S) Licensee and all of its agents, employees and contractors shall conduct operations under this License so as to assure that pollutants do not enter municipal storm drain systems which systems are comprised of, but are not limited to curbs and gutters that are part of the street systems ("Stormwater Drainage System"), and to ensure that pollutants do not directly impact "Receiving Waters" (as used herein, Receiving Waters include, but are not limited to, rivers, creeks, streams, estuaries, lakes, harbors, bays and oceans). The Santa Ana and San Diego Regional Water Quality Control Boards have issued National Pollutant Discharge Elimination System permits ("Stormwater Permits") to the County of Orange, and to the Orange County Flood Control District and cities within Orange County, as co -permittees (hereinafter collectively referred to as "County Parties") which regulate the discharge of urban runoff from areas within the County of Orange, including the License Areas and Access Area under this License. The County Parties have enacted water quality ordinances that prohibit conditions and activities that may result in polluted runoff being discharged into the Stormwater Drainage System. To assure compliance with the Stormwater Permits and water quality ordinances, the County Parties have developed a Drainage Area Management Plan ("DAMP") which includes a Local Implementation Plan ("LIP") for each jurisdiction that contains Best Management Practices ("BMPs") that parties using properties within Orange County must adhere to. As used herein, a BMP is defined as a technique, measure, or structural control that is used for a given set of conditions to manage the quantity and improve the quality of storm water runoff in a cost effective manner. These BMPs are found within the County's LIP in the form of Model Maintenance Procedures and BMP Fact Sheets (the Model Maintenance Procedures and BMP Fact Sheets contained in the DAMP/LIP shall be referred to hereinafter collectively as "BMP Fact Sheets") and contain pollution prevention and source control techniques to eliminate non -storm water discharges and minimize the impact of pollutants on stormwater runoff. BMP Fact Sheets that apply to uses authorized under this License include the BMP Fact Sheets found at: http://ocwatersheds.com/documents/bMR. These BMP Fact Sheets may be modified during the term of the License; and the Director of OCPW shall provide Licensee with any such modified BMP Fact Sheets. RS1 10/2/2018 Page 9 of 19 HA55D-251 OC Parks Standard Revenue License Form 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" RS1 10/2/2018 Page 10 of 19 1 IA55 D_25 1 OC Parks Standard Revenue License Form 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 RS1 10/2/2018 Page 11 of 19 HA55D-251 OC Parks Standard Revenue License Form provisions of Article 2 of Chapter 1, Part 7, Division 2 of the Labor Code of the State of California (Sections 1770, et seq.), as applicable. These provisions may be applicable to improvements or modifications costing more than $1,000, unless an exception applies, including but not limited to the exception to the definition of public works under § 1720.2. Pursuant to the provisions of Section 1773 of the Labor Code of the State of California, Licensee shall comply with the general prevailing rate of per diem wages and the general prevailing rate for holiday and overtime work in the locality applicable to this License for each craft, classification, or type of workman needed to execute the aforesaid improvements or modifications. The rates are available at the following website: htty://www.dir.ca.gov/dlsr/DPreWageDetermination.htm from the Director of the State Department of Industrial Relations. Licensee shall post a copy of such wage rates at the job site and shall pay the adopted prevailing wage rates at all times for all improvements or modifications to be completed for County within the License Area. Licensee shall comply with the provisions of Sections 1775 and 1813 of the Labor Code. As required by applicable law, Licensee shall maintain certified payroll records for all workers that will be assigned to the improvements or modifications. Said payroll records shall contain, but not be limited to, the complete name, address, telephone number, social security number, job classification, and prevailing wage rate for each worker. Upon request Licensee shall provide the County updated certified payroll records for all workers that shall include, but not be limited to, the weekly hours worked, prevailing hourly wage rates, and total wages paid. If Licensee neglects, fails, or refuses to provide said payroll records to the County, upon request, such occurrence shall constitute an event of default of this License and County may, notwithstanding any other termination provisions contained herein terminate this License upon written notice to Licensee. 30. RIGHT TO WORK AND MINIMUM WAGE LAWS (SRLic-3.9 S) In accordance with the United States Immigration Reform and Control Act of 1986, Licensee shall require its employees that directly or indirectly service the License Area or terms and conditions of this License, in any manner whatsoever, to verify their identity and eligibility for employment in the United States. Licensee shall also require and verify that its contractors or any other persons servicing the License Area or terms and conditions of this License, in any manner whatsoever, verify the identity of their employees and their eligibility for employment in the United States. Pursuant to the United States of America Fair Labor Standard Act of 1938, as amended, and State of California Labor Code, Section 1178.5, Licensee shall pay no less than the greater of the Federal or California Minimum Wage to all its employees that directly or indirectly service the License Area, in any manner whatsoever. Licensee shall require and verify that all its contractors or other persons servicing the License Area on behalf of the Licensee also pay their employees no less than the greater of the Federal or California Minimum Wage. Licensee shall comply and verify that its contractors comply with all other Federal and State of California laws for minimum wage, overtime pay, record keeping, and child labor standards pursuant to the servicing of the License Area or terms and conditions of this License. Notwithstanding the minimum wage requirements provided for in this Clause 30, Licensee, where applicable, shall comply with the prevailing wage and related requirements pursuant to the provisions of Section 1773 of the Labor Code of the State of California. Rs1 10/2/2018 Page 12 of 19 Ha55-251 OC Parks standard Revenue License Form 31. SIGNS (SRLic-4.0 S) Licensee agrees not to construct, maintain, or allow any signs, banners, flags, etc., upon License Area except as approved by the Chief Real Estate Officer. Unapproved signs, banners, flags, etc., may be removed. 32. AUTHORITY (SRLic-4.1 S) The persons executing the License below on behalf of County or Licensee warrant that they have the power and authority to bind County or Licensee to this License. 33. LICENSE ORGANIZATION (SRLic-4.2 S) The various headings and numbers herein, the grouping of provisions of this License into separate clauses and paragraphs, and the organization hereof, are for the purpose of convenience only and shall not be considered otherwise. 34. AMENDMENTS (SRLic-4.3 S) This License is the sole and only agreement between the Parties regarding the subject matter hereof; other agreements, either oral or written, are void. Any changes to this License shall be in writing and shall be properly executed by both Parties. 35. PARTIAL INVALIDITY (SRLic-4.4 S) If any term, covenant, condition, or provision of this License is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remainder of the provisions hereof shall remain in full force and effect and shall in no way be affected, impaired, or invalidated thereby. 36. WAIVER OF RIGHTS (SRLic-4.5 S) The failure of Licensee or County to insist upon strict performance of any of the terms, covenants, or conditions of this License shall not be deemed a waiver of any right or remedy that Licensee or County may have, and shall not be deemed a waiver of the right or act as a legal bar to require strict performance of all the terms, covenants, and conditions of the License thereafter, nor a waiver of any remedy for the subsequent breach or default of any term, covenant, or condition of the License. Any waiver, in order to be effective, must be signed by the Party whose right or remedy is being waived. 37. GOVERNING LAW AND VENUE (SRLic-4.6 S) This agreement has been negotiated and executed in the State of California and shall be governed by and construed under the laws of the State of California. In the event of any legal action to enforce or interpret this agreement, the sole and exclusive venue shall be a court of competent jurisdiction located in Orange County, California, and the Parties hereto agree to and do hereby submit to the jurisdiction of such court, notwithstanding Code of Civil Procedure section 394. 38. ATTORNEYS' FEES (SRLic-4.7 S) In the event of a dispute between County and Licensee concerning claims arising out of this License, or in any action or proceeding brought to enforce or interpret any provision of this License or where any provision hereof is validly asserted as a defense, each Party shall bear its own attorneys' fees and costs. RS1 10/2/2018 Page 13 of 19 HA55D-251 OC Parks Standard Revenue License Form 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. RSI 10/2/2018 Page 14 of 19 HA55D-251 OC Parks Standard Revenue License Form 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. RS1 10/2/2018 Page 15 of 19 11a,55D-251 OC Parks Standard Revenue License Form To: County County of Orange County Executive Office 333 West Santa Ana Blvd., 3rd Floor Santa Ana, CA 92701-4084 Attn: Chief Real Estate Officer To: Licensee City of Newport Beach Attn: Lifeguard Operations Assistant Chief 100 Civic Center Drive Newport Beach, CA 92660 49. ATTACHMENTS TO LICENSE (SRLic-5.8 S) This License includes the following, which are attached hereto and made a part hereof: I. EXHIBITS Exhibit A — License Area Exhibit B — Tidelands Grant I/I // RSi ioizizois Page 16 of 19 Ltnssn-zsi OC Parks Standard Revenue License Form IN WITNESS WHEREOF, the Parties have executed this License the day and year first above written. APPROVED AS TO FORM: OFFICE OF COUNTY COUNSEL ORANGE COUNTY, CALIFORNIA LICENSEE CITY OF NEWPORT BEACH A Municipal corporation By gy 4-� Dep tyl-- C#a,5A61K. Leung Manager Date�� q COUNTY COUNTY OF ORANGE r Byn"I(/Ll� Thomas A. Miller, Chief Real Estate Officer County Executive Office Per Resolution No. 19-002 and Minute Order dated January 8, 2019 of the Board of Supervisors Date Date_ R)cw ! . ao l9' ATTEST: 4/a By K Leilani I. Brown City Clerk Date �- 7/1, APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: S= (( By: aron C. Harp, City Attorney RS1 10/2/2018 Page 17 of 19 HA55D-251 OC Parks Standard Revenue License Form .1 EXHIBIT A LICENSE AREA 100 w� v S COO, ® 1 a I � � � m Z r t 3 5 RSI 10/2/2018 Page 18 of 19 HA55D-e51 OC Parks Standard Revenue License Form EXHIBIT B TIDELANDS GRANT RSI 10/2/2018 Page 19 of 19 HA55D-251 OC Parks Standard Revenue License Pone Exhibit B CHAPTER 415 An act to amend Section 31 of Chapter 526, Statutes of 1919, and to repeal Chapter 2044, Statutes of 1957, relating to sovereign lands granted to the County of Orange in trust. [Approved by Governor August 28. 1975 Filed with Secretary of State .August 29. 19751 The people of the State of California do enact as folloics• 083 2711 330 837 Ch. 415 ] STATUTES OF 1975 893 SECTION 1. Section 1 of Chapter 526, Statutes of 1919, is amended to read: Section 1. There is hereby granted to the County of Orange and to its successors all of the right, title and interest of the State of California held by said state by virtue of its sovereignty in and to all that portion of the tidelands and submerged lands, whether filled or unfilled, bordering upon and under Newport Bay in the said County of Orange, which were outside of the corporate limits of the City of Newport Beach, a municipal corporation, on July 25, 1919, the same to be forever held by said county and by its successors in trust for the uses and purposes and upon the express conditions following, to wit: (a) That said lands shall be used by said county and its successors for purposes in which there is a general statewide interest as follows: (1) For the establishment, improvement and conduct of a public harbor, and for the construction, maintenance and operation thereon of wharves, docks, piers, slips, quays, ways and streets, and other utilities, structures and appliances necessary or convenient for the promotion or accommodation of commerce and navigation, provided that any such use of any portion of the lands described in subdivision (a) of Section 2 shall be permitted only if such use is compatible and does not unreasonably interfere with the use of any portion of said lands for one of the purposes set forth in paragraph (3) of subdivision (a) of this section. (2) For the establishment, improvement and conduct of public bathing beaches, public marinas, public aquatic playgrounds and similar recreational facilities open to the general public, and for the construction, reconstruction, repair, maintenance and operation of all works, buildings, facilities, utilities, structures and appliances incidental, necessary or convenient for the promotion and accommodation of any such uses, provided that any such use of any portion of the lands described in subdivision (a) of Section 2 shall be permitted only if such use is compatible and does not unreasonably interfere with the use of any portion of said lands for one of the purposes set forth in paragraph (3) of subdivision (a) of this section. (3) For the preservation, maintenance and enhancement of said lands in their natural state and the reestablishment of the natural state of said lands so that they may serve as ecological units for scientific study, as open space and as environments which provide food and habitat for birds and marine life, and which favorably affect the scenery and climate of the area. (b) Except as otherwise provided in this section, said county, or its successors shall not, at any time, grant, convey, give or alienate said lands, or any part thereof, to any individual, firm, or corporation for any purposes whatever; provided, that said county or its successors may grant franchises thereon for a period not exceeding 50 years for wharves and other public uses and purposes, and may lease said lands or any part thereof for a period not exceeding 50 years for purposes consistent with the trust upon which said lands are held by the State of California, and with the uses specified in this section. 083 2711345 840 894 STATUTES OF CALIFORNIA ( Ch. 9415 (c) Said lands shall be improved without expense to the state; provided, however, that nothing contained in this act shall preclude expenditures for the development of said lands for any public purpose not inconsistent with commerce, navigation and fishery, by the state, or any board, agency or commission thereof, nor by the county of any funds received for such purpose from the state or any board, agency or commission thereof. (d) In the management, conduct, operation and control of said lands or any improvements, betterments, or structures thereon, the county or its successors shall make no discrimination in rates, tolls or charges for any use' or service in connection therewith, (e) The State of California shall have the right to use without charge any transportation, landing or storage improvements, betterments or structures constructed upon said lands for any vessel or other watercraft or railroad owned or operated by the State of California. (f) There is hereby reserved to the people of the State of California the right to fish in the waters on said lands with the right of convenient access to said water over said lands for said purpose, which rights shall be subject to such rules and regulations as are necessary for the accomplishment of the uses specified in subdivision (a) of this section. (g) There is hereby ehcepted and reserved in the State of California all deposits of minerals, including oil and gas, in said lands, and to the State of California, the right to prospect for, mine, and remove such deposits from said lands; provided, however, that such prospecting, mining, and removal shall not unreasonably interfere with the use of the lands granted herein for the purposes set forth in paragraph (3) of subdivision (a) of Section 1. (h) Within 90 days of the effective date of the amendment of this section at the 1975-76 Regular Session of the Legislature, the county shall grant to the State of California, acting by and through the State Lands Commission, such portions of said lands as are located within the parcel of property described in subdivision (a) of Section 2, for the establishment, and improvement and conduct of an ecological reserve, or wildlife refuge, or both, and other compatible uses by the Department of Fish and Game; provided, however, that if at any time the Department of Fish and Game no longer uses such portions of the lands so granted by the county to the State Lands Commission for such a purpose the lands so granted shall revert to the county to be held pursuant to the provisions of this grant. Forthwith upon receipt of such a grant from the county to the State Lands Commission, the State Lands Commission shall lease the lands so granted to the Department of Fish and Game. The public benefit shall be the sole consideration to be received by the State Lands Commission from the Department of Fish and Game for said lease. Any and all income received by the Department of Fish and Game from the lands so leased shall be used only in connection with the 083 27 11363 844 Ch. 415 ] STATUTES OF 1975 895 department's improvement and administration of the leased lands. For purposes of this subdivision, the term ecological reserve means the definition given to the term in Sections 1580 to 1584, inclusive, of the Fish and Game Code. (i) The county may grant to the City of Newport Beach, a municipal corporation, that portion of said lands which are described in subdivision (b) of Section 2 (presently known as North Star Beach) for the establishment, and improvement and conduct of a public beach and related public facilities; provided, however, that if at any time the City of Newport Reach no longer uses said portion of said lands so granted by the county to the city of Newport Beach for such a purpose the lands so granted shall revert to the county to be held pursuant to the provisions of this grant. The use of any lands conveyed by the county pursuant to the provisions of this subdivision shall be compatible and not unreasonably interfere with any use of adjacent lands in accordance with paragraph (3) of subdivision (a) and subdivision (h) of this section. (j) The provisions of Section 6359 of the Public Resources Code shall not be applicable to this amendment of the grant to the county. (k) The county shall establish a separate tidelands trust fund or funds in such manner as may be approved by the State Lands Commission and the county shall deposit in the fund or funds all moneys received directly from, or indirectly attributable to, the granted tidelands in the county. (1) Notwithstanding any other provision of law to the contrary, the county, acting either alone or jointly with another local or state agency, may use revenues accruing from or out of the use of the granted tidelands for any or all of the purposes set forth in this act. (m) Such revenues may be deposited in one or more reserve funds for use in accordance with the terms and conditions set forth in this act. (n) As to the accumulation and expenditure of revenues for any single capital improvement on the granted lands involving an amount in excess of two hundred fifty thousand dollars ($250,000) in the aggregate, the county shall file with the State Lands Commission a detailed description of such capital improvement not less than 90 days prior to the time of any disbursement therefor or in connection therewith, excepting preliminary planning. The State Lands Commission may, within 90 days after the time of such filing, determine and notify the county that such capital improvement is not in the statewide interest and benefit or is not authorized by the provisions of subdivision (l) of this section. The State Lands Commission may request the opinion of the Attorney General on the matter, and if it does so, a copy of such opinion shall be delivered to the county with the notice of its determination. In the event the State Lands Commission notifies the county that such capital improvement is not authorized, the county shall not disburse any revenue for or in connection with such capital improvement, unless and until it is determined to be authorized by a final order or 083 2711390 849 896 STATUTES OF CALIFORNIA [ Ch. 415 judgment of a court of competent jurisdiction. The county is authorized to bring suit against the state for the purpose of securing such an order or adjudication, which suit shall have priority over all other civil matters. Service shall be made upon the Executive Officer of the State Lands Commission and the Attorney General, and the Attorney General shall defend the state in such suit. If judgment be given against the state in such suit, no costs shall be recovered against it. (o) At the end of every third fiscal year, beginning June 30, 1977, that portion of the county tideland trust revenues in excess of two hundred fifty thousand dollars ($250,000) remaining after current and accrued operating costs and expenditures directly related to the operation or maintenance of tideland trust activities have been made, shall be deemed excess revenues; provided that any funds deposited in a reserve fund for future capital expenditures or any funds used to retire bond issues for the improvement or operation of the granted lands shall not be deemed excess revenue. Capital improvements of the granted lands for purposes authorized by this act, including such improvements which may be paid for by the county from such revenues within the lands to be conveyed to the state pursuant to this act, may be considered as expenditures for the purposes of determining net revenues, provided, however, that if made after the effective date of this act they may be so considered only if made in accordance with subdivision (n) of this section. The excess revenue, as determined pursuant to subdivision (n) of this section, shall be divided as follows: 85 percent to the General Fund in the State Treasury, and 15 percent to the county to be deposited in the trust fund and used for any purpose authorized by subdivision (1) of this section. (p) The State Lands Commission, at the request of the county, shall grant an extension of time, not to exceed 30 calendar days, for filing any report or statemen t required by this act which was not filed due to mistake or inadvertence. (q) In the event that the county fails or refuses to file with the State Lands Commission any report, statement, or document required by any provision of this act, or any extension period granted pursuant to this act, or fails or refuses to carry out the terms of this act, the Attorney General shall, upon the request of the State Lands Commission, bring such judicial proceedings for correction and enforcement as are appropriate, and shall act to protect any improvements to, or assets situated upon, the granted lands or diverted therefrom. The State Lands Commission shall notify the Chief Clerk of the Assembly and the Secretary of the Senate within 30 days of the occurrence of such failure or refusal and of actions taken as a result thereof. (r) The State Lands Commission shall, from time to time, recommend to the Legislature such amendments as it may deem necessary in the terms and conditions of this act. (s) The State Lands Commission shall, from time to time, institute 0 83 27 11 400 851 Ch. 4151 STATUTES OF 1975 897 a formal inquiry to determine that the terms and conditions of this act, and amendments thereto, have been complied with in good faith. (t) The State Lands Commission shall, on or before December 31st of each year, report to the Chief Clerk of the Assembly and to the Secretary of the Senate, the full details of any transaction or condition reported to the commission pursuant to this act which it deems in probable conflict with the requirements of this act, or with any other provision of law. (u) The Attorney General, on request by resolution of either house of the Legislature, or upon formal request of the State Lands Commission made only after a noticed public hearing at which the grantee has been given an opportunity to fully express any disagreement with the commission's findings or to describe any extenuating circumstances causing the violation, shall bring an action in the Superior Court in the County of Orange to declare that the grant under which the county holds such tidelands and submerged lands is revoked for gross and willful violation of the provisions of this act or other legislative enactment, or to compel compliance with the terms and conditions of the grant and any other provision of law including, but not limited to, this act. (v) The county shall cause to be made and filed with the State Lands Division, annually, a detailed statement of receipts and expenditures by it of all rents, revenues, issues and profits in any manner hereafter arising from the granted lands or any improvements, betterments or structures thereon. The Department of Fish and Game and City of Newport Beach, in lieu of the county, shall establish such funds, make such deposits, and make such statements as to any lands conveyed to said department and city pursuant to subdivisions (h) and (i) of this section. (w) The provisions of Public Resources Code Sections 6701 to 6706, inclusive, shall be applicable to this section. SEC. 2. The land described in Section 1 includes the following: (a) All those sovereign tidelands and submerged lands, whether filled or unfilled, partly in the City of Newport Beach, all in the County of Orange, State of California, being: Lots 1 and 2 of Section 23, Lot 1 of Section 25, Lots 1 and 2 of Section 26 all in Township 6 South, Range 10 West, San Bernardino Meridian, according to the official plat of said land as shown on a map recorded in Book 3, page 7 of Miscellaneous Maps, records of said County; Tideland Patent No. 204, from the State of California recorded July 19, 1907 in Book 1, page 245 of Patents, records of said County; Portions of Blocks 4, 5, 51, 52, 53, 55, 56 and 57 of Irvine's Subdivision, as per map filed in Book 1, page 88, Miscellaneous Record Maps, records of said County, included within the following described boundary and any other land owned by grantor included within said boundary: Beginning at the Northeast corner of Lot 12, Tract No. 4224, as shown on a map filed in Book 157, pages 1 through 14, Miscellaneous Maps, records of said Orange County; thence along the boundary of 083 2711420 855 898 STATUTES OF CALIFORNIA [ Ch. 415 said Tract the following described courses: 1. South 36° 37' 10" East 118.99 feet; 2. South 21° 22' 02" East 266.44 feet; 3 South IT 05' 01" East 103.13 feet; 4. South 4° 18' 23" East 214.74 feet; 5. South 4° 38' 29" East 190.28 feet; 6. South 20° 22' 24" East 193.47 feet; 7. South T 05'03' West 88.53 feet; 8. South 23° 28' 09" West 87.23 feet; 9. South 33° 22' 06" West 272.21 feet; 10. South 26° 11' 31" West 242.29 feet; 11. South 24° 24' 07" West 160.08 feet; 12. South 22° 36' 56" West 160.31 feet; 13. South 29° 28' 14" West 307.32 feet; 14. South 10° 19' 39" West 116.92 feet; 15. South W 11' 19" East 81.39 feet; 16. South 110 31' 25" East 80.01 feet; 17. South 210 04' 53" East 162.61 feet; 18. South 12° 00'06" East 80.02 feet to the Southeast corner Lot 45, said Tract No. 4224; thence leaving said boundary; 19. North 77° 33' 39" East 84.52 feet; thence 20. South 46° 35' 28" East 50.93 feet; thence 21. South 77° 44' 07" East 23.54 feet; thence 22. North 84° 48' 20" East 55.23 feet; thence 23. South 47° 24' 48" E. 59.44 feet to the intersection with a line that is at right angles to the Northeasterly line of Lot 54, said Tract No. 4224, and passes through the Northwesterly corner of said Lot 54; thence 24. South 20° 08' 29" East 208.14 feet along said line to said Northwesterly corner; thence along the boundary of said Tract No. 4224 the following described courses: 25. North 690 51' 31" East 130.00 feet; 26. South 18° 07' 35" East 156.92 feet; 27. South r 33' 23" West 122.82 feet; 28. South 38° 25' 04" West 137.05 feet; 29. South 56° 24' 35" West 99.89 feet; 30. South 54° 05' 35" West 127.86 feet; 31. South 44° 44' 03" West 117.00 feet; 32. South 39° 43' 05" West 216.76 feet; 33 South 34" 18' 41" West 162.79 feet; 34. South 11° 26' 49" East 90.42 feet; 35 South 52° 53' 55" East 218.43 feet; 36. South 29 06' 02" East 252 56 feet; 37 South 20° 31' 44" East 59.20 feet; 38. South 24° 30' 02" East 299.33 feet; 39. South 33* 05' 39" East 204.70 feet; 40. South 18° 18' 25" West 213.42 feet; 41. South 9° 51' 31 " West 235 00 feet; 42. South 69° 21' 51" West 209.71 feet to the Southwesterly corner 0 83 2711435 W Ch. 4151 STATUTES OF 1975 899 of Lot 80, said Tract No. 4224; thence leaving said boundary; 43. South 17° 08' 25" West 106.94 feet; thence 44. South 50° 25' 57" West 252.09 feet; thence 45. South 41° 32' 54" West 446.29 feet; thence 46. South 31° 18' 49" West 140.46 feet; thence 47. South 9° 30' 24" West 211.91 feet; thence 48. South 0° 40' 50" West 393.71 feet to Station No. 110 of the Ordinary High Tide Line as described in the final decree entered in Case No. 20436 Superior Court of said Orange County, said Station being an angle point in the boundary of said Tract No. 4224; thence 49. South 1° 53'04 " East 122.43 feet along said Ordinary High Tide Line and boundary to Station No. Ill of said Ordinary High Tide Line; thence leaving said Line and boundary 50. East 100.00 feet; thence 51. South 7" 43' 45" West 798.21 feet; thence 52. South 424.00 feet; thence 53 East 563.00 feet; thence 54. North 26° 19' 40" East 467.24 feet to a point in the most Northerly line of the "Boat Launching Area" described in a lease recorded in Book 7640, Page 298, said Official Records, said point being South 82° 17'23" West 100 feet along said line from Station No. 25 of said Ordinary High Tide Line; thence 55. North 82° 17' 23" East 100.00 feet along said line to said station; thence 56. South 240 13'27" East 39.30 feet along said Ordinary High Tide Line to the Northwesterly terminus of that certain 80.00 foot strip of land described in a deed to the County of Orange for Back Bay Drive, formerly Bayside Drive, recorded in Book 4288, page 216, Official Records of said Orange County; thence 57. North 66° 17' 51" East 6.35 feet along said Northwesterly terminus to a point on the Southwesterly right of way line of Back Bay Drive, formerly Palisades Road, 40.00 feet wide, as described in a deed to the County of Orange, recorded in Book 1037, page 269, said Official Records, said point being the beginning of a curve concave Easterly and having a radius of 220.00 feet, a radial to said point bears South 66° 17' 51" West; thence along said right of way line the following described courses: 58. Northerly 147.87 feet along said curve through an angle of 38° 30' 40"; 59 North 14° 48' 31" East 93 81 feet; 60. Northeasterly 157 19 feet along a 320 00 foot radius curve that is concave Southeasterly through an angle of 28° 08' 40"; 61. North 42° 57' 11" East 123.69 feet; 62 Northeasterly 64.82 feet along a 220.00 foot radius curve that is concave Southeasterly through an angle of 16° 52' 50"; 63. North 59° 50' 01" East 82.93 feet; 35--3168 083 27 11450 861 MY STATUTES OF CALIFORNIA [ Ch. 415 64. Northeasterly 151.56 feet along a 230.00 foot radius curve that is concave Northwesterly through an angle of 37° 45' 20"9- 65. 0";65. North 22" 04' 41" East 8.49 feet; 66. Northeasterly 374.10 feet along a 370.00 foot radius curve that is concave :southeasterly through an angle 57° 55' 48"; 67. North 80° 00' 29" East 97.75 feet; 68. Easterly 171.88 feet along a 1980.00 foot radius curve that is concave Northerly through an angle of T 03' 38"; 69, North 74° 56 51" East 116.34 feet; 70. Northeasterly 119.54 feet along a 330.00 foot radius curve that is concave Northwesterly through an angle of 20° 45' 20"; 71. 'North 54° 11' 31" East 28.69 feet; 72. Northeasterly 92.50 feet along a 230.00 foot radius curve that is concave Northwesterly through an angle of 23° 02' 30'; 73. North 31° 09' 01" East 37.97 feet; 74. Northeasterly 124.65 feet along a 620.00 foot radius curve that is concave Southeasterly through an angle of 11° 31' 10"; 75. North 42° 40' 11" East 19.36 feet; 76. Northeasterly 180.46 feet along a 780.00 foot radius curve that is concave Northwesterly through an angle of 13° 15' 20')- 77. 0';77. North 29° 24' 51" East 110.51 feet; 78 Northeasterly 180.55 Feet along a 230 00 foot radius curve that is concave Southeasterly through an angle of 44° 58' 40"2- 79. 0";79. forth 74° 23' 31" East 71.57 feet; 80. Northeaster ly 131.85 feet along a 180.00 foot radius curve that is concave Northwesterly through an angle of 41° 58' 10'; 81. North 32° 2;5' 21" East 98.40 feet; 82. Northeasterly 139.72 feet along a 580.00 foot radius curve that is concave Northwesterly through an angle of 13° 48' 10'7- 83. 0';83. North 18° 37' 11" East 191.57 feet; 84. Northerly 190.95 feet along a 680.00 foot radius curve that is concave Westerly through an angle of 16° 05' 20"; 85. North 2° 31' 51" East 112.97 feet; 86. Northerly 171.90 feet along a 480 00 foot radius curve that is concave Westerly through an angle of 20° 31' 10"; 87 North 17° 59' 19" West 105.85 feet; 88 Northwesterly 219.44 feet along a 580.00 foot radius curve that is concave Southwesterly through an angle of 21° 40' 40"; 89 North 390 39' 59" West 30.54 feet; 90. Northwesterly 209 18 feet along a 580.00 foot radius curve that is concave Southwesterly through an angle of 20° 39' 50"; 91. North 60° 19' 49" West 256.75 feet; 92 Northwesterly 166.34 feet along a 210.00 foot radius curve that is concave Northeasterly through an angle of 45° 23' 00"; 93. North 14° 56' 49" West 2.29 feet, 94. Northeasterly 103.72 feet along a 70.00 foot radius curve that is concave Southeasterly through an angle of 84° 53' 40"; 95 North 69° 56' 51" East 84 37 feet; 96. Northeastei ly 177.08 feet along a 180.00 foot radius curve that 083 2711480 867 Ch. 4151 STATUTES OF 1975 901 is concave Northwesterly through an angle of 56° 22' 00"; 97 North 13° 34' 51" East 926.31 feet; 98. Northerly 367.32 feet along a 380.00 foot radius curve that is concave Westerly through an angle of 55° 23' 00"; 99. North 410 48' 09" West 241.47 feet; 100. Northwesterly 99.32 feet along a 220.00 foot radius curve that is concave Northeasterly through an angle of 25° 52' 00"; 101. North 15° 56' 09" West 54.89 feet; 102. Northwesterly 165.17 feet along a 580.00 foot radius curve that is concave Southwesterly through an angle of 16° 19' 00"; 103. North 32° 15' 09" West 39.22 feet; 104. Northwesterly 93.71 feet along a 480.00 foot radius curve that is concave Southwesterly through an angle of 11° 11' 10"; 105. North 43° 26' 19" West 193.40 feet; 106. Northerly 362.21 feet along a 370.00 foot radius curve that is concave Easterly through an angle of 56° 05' 20'; 107. North 12° 39' 01" East 252.19 feet; 108. Northerly 292.89 feet along a 1780.00 foot radius curve that is concave Westerly through an angle of 9° 25' 40"; 109. North T 13' 21" East 14.17 feet; 110. Northerly 293.38 feet along a 1820.00 foot radius curve that is concave Easterly through an angle of 9° 14' 10'; 111 :North 12° 27' 31" East 27.16 feet; 112. Northerly 236.73 feet along a 1180.00 foot radius curve that is concave Westerly through an angle of 11° 29' 40"; 113. Borth 0° 57' 51" East 82.33 feet; 114. Northerly 194.78 feet along a 620.00 foot radius curve that is concave Easterly through an angle of 18° 00' 00"; 115. North 18° 57' 51" East 20.34 feet; 116. Northeasterly 170.04 feet along a 150 00 foot radius curve that is concave Southeasterly through an angle of 64° 57' 00"; 117. North 83° 54' 51" East 78.48 feet; 118. Northeasterly 127.39 feet along a 180.00 foot radius curve that is concave Northwesterly through an angle of 40° 33' 00"; 119. North 43° 21' 51" East 57.99 feet; 120 Northeasterly 184.74 feet along a 1520.00 foot radius curve that is concave Southeasterly through an angle of 6° 57' 50'; 121. North 50° 19' 41" East 31.50 feet; 122. Northeasterly 218.92 feet along a 1480.00 foot radius curve that is concave Northwesterly through an angle of 8'28' 30'; 123. North 41° 51' 11" East 44.65 feet; 124. Northeasterly 194.36 feet along a 1220.00 foot radius curve that is concave Southeasterly through an angle of 9° 07' 40"; 125 North 50° 58' 51 " East 66.39 feet; 126. Northeasterly 300.05 feet along a 1780.00 foot radius curve that is concave Northwesterly through an angle of 9° 39' 30"; 127 North 41° 19' 21" East 33.58 feet; 128. Northeasterly 154.36 feet along a 380.00 foot radius curve that is concave Northwesterly through an angle of 23° 16' 30"; 0 83 27 11300 871 902 STATUTES OF CALIFORNIA ( Ch. 415 129. North 18° 02' 51" East 42.03 feet; 130. '_northerly 216.88 feet along a 580.00 foot radius curve that is concave Westerly through an angle of 21° 25' 30"; 131. North T 22' 39" West 302.88 feet; 132 '.Northerly 255.24 feet along a 370.00 foot radius curve that is concave Easterly through an angle of 39° 31' 30"; 133. North 36° 08' 51" East 21.09 feet; 134. Northeaster ly 403 36 feet along a 520.00 foot radius curve that is concave Southeasterly through an angle of 44° 26' 40"; 135. North 80° 35' 31 " East 628.42 feet; 136. Easterly 289.58 feet along a 320.00 foot radius curve that is concave Southerly through an angle of 51° 51' 00"; 137 South 47 33' 29" East 3.72 feet; 138. Southeasterly 115.09 feet along a 355 00 foot radius curve that is concave Northeasterly through an angle of 18° 34' 30"; 139 South 66° 07' 59" East 375.25 feet; 140. Easterly 209.08 feet along a 780 00 foot radius curve that is concave Northerly through an angle of 15° 21' 30"; 141. South 81° 29' 29" East 241.76 feet; 142. Easterly 208.39 feet along a 980.00 foot radius curve that is concave Northerly through an angle of 12° 11' 00"; 143. North 86° 19' 31" East 57 06 feet, 144 Easterly 95.37 feet along a 260.00 foot ; adius curve that is concave Southerly through an angle of 21° 01' 00"; 145. South 72° 39' 29" East 70.33 feet; 146. Easterly 108.18 feel along a 1380.00 foot radius curve that is concave Northerly through an angle of 4° 29' 30"; 147. South 77° 08' 59" East 180 02 feet; 148 Easterly 96.09 feet along a 220 00 foot radius curve that is concave Northerly through an angle of 25" 01' 32" to the Westerly terminus of that certain 60.00 foot strip of land described in Parcel 2 in a deed to the City of Newport Beach recorded in Book 10,000, page 891, said Official Records; thence 149. Forth 16'56'34" West 19.71 feet along said Westerly terminus to the Northerly line of said strip said Northerly line being a curve concave Southerly and having a radius 480.00 feet; thence from a tangent that bears North 73° 03' 26" East 130. Easterly 553.25 feet along said curve through an angle of 66° 02'20" to the beginning of a reverse curve concave Northerly and having a radius of 25.00 feet being the Northerly line of Parcel 3 as described in said deed, thence 151 Easterly 31.15 feet along said curve through an angle of 71° 23' 49" to the beginning; of a reverse curve concave Southeasterly and having a radius of 842.00 feet being the Northwesterly line of Parcel 1 as described in said deed; thence along said Northwesterly line the following described courses: 152 Northeasterly 96 16 feet along said curve through an angle of 6° 32' 37". 083 27 11 515 874 Ch. 4151 STATUTES OF 1975 903 153 North 74° 14' 34" East 98.02 feet; 154. Northeasterly 478.44 feet along a 758.00 foot radius curve that is concave Northwesterly through an angle of 36° 09' 52"; 155. North 38° 04' 42" East 156.00 feet; 156. Northeasterly 547.51 feet along a 842.00 foot radius curve that is concave Southeasterly through an angle of 37° 15'23" to the beginning of a reverse curve concave Northwesterly and having a radius of 65.00 feet, the Northerly terminus of said curve being tangent to a line that is parallel with and 82.00 feet Westerly of the center line of jamboree Road, 100.00 feet wide, as described in a deed to the County of Orange recorded in Book 4110, page 10, Official Records of said County; thence 157. Northeasterly 76.03 feet, more or less, along said curve through and angle of 67° 01' 22" to said parallel line; thence 158 North 8° 19' 43" East 414.47 feet along said parallel line to the Southerly terminus of the Westerly right of way line of Jamboree Road, 132.00 feet wide, as described in a deed to the City of Newport Beach recorded in Book 6135, page 155, said Official Records; thence along said right of way line being a curve concave Westerly and having a radius of 2334.00 feet and being tangent to said parallel line; thence 159. Northerly 295.99 feet along said curve through an angle of 7° 15'58" to a point thereon that is 300.30 feet Southerly of the Northerly terminus of said curve; thence non -tangent 160. South 68° 20' 16" West 563.43 feet; thence 161. North 31° 39' 56" West 338.79 feet; thence 162 Forth 68° 20' 16" East 608 78 feet to the beginning of a curve concave Southerly and having a radius of 3805.00 feet; thence 163. Easterly 124.57 feet along said curve through an angle of V 52' 33" to said Westerly right of way line; thence 164. North 6° 18' 34" West 416.16 feet along said line to the beginning of a curve therein concave Easterly and having a radius of 1666.00 feet; thence 165 Northerly 352.71 feet along said curve and right of way line through an angle of 12° 07'49" to the Southerly line of the land described in a deed to the Newport Harbor Union High School District recorded in Book 7578, page 670, said Official Records; thence 166 North 84° 10'45" West 154.76 feet along said Southerly line to the beginning of a curve therein concave Southerly and having a radius of 2000.00 feet; thence 167 Westerly 618.97 feet along said curve and Southerly line through an angle of 17° 43' 56"; thence leaving said line non -tangent 168. South 57° 44' 19" West 77.81 feet; thence 169 South 64° 51' 54" West 161.27 feet; thence 170. South 64° 25' 17" West 181.82 feet; thence 171. South 66° 59' 55" West 381.32 feet; thence 083 2711555 882 904 STATUTES OF CALIFORNIA [ Ch. 415 172. South 75° 12' 12" West 102.44 feet; thence 173. South 12° 38' 00" West 29.56 feet; thence 174. South 39° 14' 15" West 116.20 feet; thence 175. South 22° 35' 41" West 87.19 feet; thence 176. South 10° 18' 17" West 106.21 feet; thence 177. South 62° 06' 10" West 28.85 feet, thence 178. South 9° 57' 02" West 115.74 feet; thence 179. South 35° 35' 57" West 54.11 feet; thence 180. South 66° 26' 52" West 63.82 feet; thence 181. South 84° 33' 00" West 142.14 feet; thence 182. North 70° 40'37' West 81.60 feet; thence 183. North 88° 55' 32" West 133.02 feet; thence 184. North 7C 30' 41" West 258.38 feet; thence 185. North 83° 40'51" West 149.91 feet; thence 186. North 39° 13' 32" West 31.63 feet; thence 187. North 66° 23' 34" West 147.33 feet; thence 188 North 57° 47'03" West 633.42 feet; thence 189. North 65° 24' 57" West 219.50 feet; thence 190. North 55° 57'02" West 176.81 feet; thence 191. North 74° 28' 33" West 140.11 feet; thence 192. North 64° 33' 00" West 91.92 feet; thence 193. North 76° 57' 50" West 465 50 feet; thence 194. North 83° 23' 12" West 104.19 feet; thence 195. South 47° 54' 39" West 20.89 feet; thence 196. South 89° 45' 48" West 121.00 feet; thence 197. North 78° 34' 22" West 143.85 feet; thence 198. North 82° 27' 21" West 262.77 feet; thence 199. North 690 45' 06" West 259 40 feet to a point in that certain 2060.00 foot radius curve in the Southeasterly boundary of Parcel 102.1 described in a deed to the Orange County Flood Control District recorded in Book 5906, page 516, said Official Records, said curve being concave Northerly, a radial to said point bears South 22° 50' 23" East; thence 200. Westerly 240.19 feet along said curve through an angle of 6° 40' 50" to the Westerly terminus of said curve; thence 201. South 73° 50' 27" West 384.32 feet continuing along said boundary to an angle point therein; thence 202. North 16° 09'33" West 100.00 feet along said boundary and the northerly prolongation thereof; thence 203. South 76° 25' 54" West 280.21 feet; thence 204. South 75° 59' 33" West 241.69 feet; thence 205. South 85° 26' 24" West 81.76 feet; thence 206. South 580 22' 28" West 207 87 feet; thence 207. South 53° 22' 27" West 422.40 feet; thence 208. South 36" 43' 20" West 194.00 feet; thence 209. South 22° 58' 42" West 307.39 feet; thence 210. South 140 54' 39" West 270.09 feet; thence 211. South 6° 51' 09" West 234.68 feet; thence 212. South T 34' 35" West 88.17 feet; thence 083 27 11590 889 Ch. 4161 STATUTES OF 1975 905 213. South 6° 26' 13" East 98.12 feet; thence 214. South 36° 07' 10" East 22.90 feet; thence 215. South 10 08' 12" East 126.02 feet; thence 216. South 7° 42' 56" West 156.42 feet; thence 217. South 23° 11' 55" West 194.20 feet; thence 218. South 24° 54' 56" West 85.45 feet; thence 219. South 25° 44' 05" West 231.46 feet; thence 220. South 33° 17' 43" West 440.17 feet to a point that is North 54" 13' 20" West 79.13 feet from Station No. 76 of said Ordinary High Tide Line as described in said final decree above referred to; thence 221. South 54° 13' 20" East 79.13 feet to said Station No 76; thence 222. South 0° 24' 52" West 610.81 feet along said Ordinary High Tide Line to Station No. 77 thereof, thence 223. South 31° 37' 12" East 430.16 feet along said Ordinary High Tide Line; thence 224. South 45° 00'00" West 181.91 feet to the Northeasterly line of Lot 11 of said Tract No. 4224; thence 225. South 64° 55' 53" East 90.37 feet along said Northeasterly line to the Northeasterly corner of Lot 12, said Tract No. 4224 and the point of beginning. (b) A parcel of land in Lipper Newport Bay adjacent to Block 53, Irvine's Subdivision, in the City of Newport Beach, County of Orange, State of California, as per map filed in Book 1, page 88, Miscellaneous 'daps, records of said county being bounded as follows: Bounded on the north and northwest by the westerly boundary line of the lands described in the decree in the case of County of Orange v. The Irvine Company, Orange County Superior Court Case No. 20436. Bounded on the southwest by the northeasterly line of North Star Lane as shown on the map of Tract 4224, filed in Book 157, page 1, Miscellaneous Maps, records of said county. Bounded on the east and southeast by that certain parcel described in subdivision (a) of Section 2 SEC. 3. Chapter 2044 of the Statutes of 1957 is repealed. Ch. 2044] 1,957REGULAR SESSION 3613 A rel irement system shall be deemed to have created and maintained the reserves required by this section and;,to be sound and equitable within the meaning of Section 8801 and the contributions shall be deemed adequate to t the benefits granted within the meaning of Sectio .x8401, if the documents setting forth the retirement syste provide for con- tributions that are expected to accunit to sums, within a reasonable period of time, sufficient to incl at the time of the retirement of each employee the be its payable to him under its contract, by-laws or declar 'on of trust. The reasonable time shall be fifteen (15) See The commissioner may deter- mine that a Shorter period time is reasonable with respect to anv retirement system, id in malting such determination and in fixing the reason a time for such system, shall consider such relevant fac rs as the number and size of employers par- ticipating in t retirement system, the age distribution of the covered en ogees, the period of any firm obligation to pay contribu 'on-,, and the aetual likelihood that sufficient contri- bution will he paid to peranit the retirement system regularly to y the benefits described in the plan. CHAPTER 2044 An act declaring portions of the rands granted to the County of Orange by an act entitled `"An act granting certain tide- lands and submerged lands of the State of California to the County of Orange in said State upon certain trusts and conditions," approved May 25, 1919, as amended, which have been and which may be hereafter improved, filled, and reclaimed, unavailable and unuseful for navigation, commerce, and fisheries, and excluding s¢tch portions from use for navigation, commerce, and fisheries, and providing that such portions, and other portions of the lauds granted by said act, may be irrevocably alienated and convened free of public stse and tr2(st by the said county by exchanging sitch lands with the owner or owners of uplavds contiguous thereto. [Approved by Governor July .9, 1957 Filed with In effect. Secretary of State July 10, 1957.] September 11. 11151 Vie people of the State of California do enact as follows: SECTION 1. That portions of the lands heretofore granted to the County of Orange by an act entitled "An act granting certain tidelands and submerged lands of the State of Cali- fornia to the County of Orange in said State upon certain trusts and conditions," approved May 25, 1919, as amended, have been heretofore improved by adapting the same to use for navigation in connection with the plan heretofore adopted and established for the improvement and development of New- port Bay in said County of Orange as a harbor, and that in 36 )14 tiTATUTL S ()F CALIFOR\IA [Ch, 2044 so adapting said lands to said use portions thereof whieh lie between the lisle of mean high tide and the established bulk- head or harbor lines have been filled and reclaimed, and that such portions of said lands as have been so filled and reclaimed are thereby excluder.l from the public channels and are no longer available or useful or susceptible of being used for navigation, commerce, and fishing, and are no longer in fact tidelands or submerged lands; and that the said portions of said lands which have been heretofore and which are now so improved, filled, and reclaimed are hereby declared to be free from the public use and trust for navigation, commerce, and fishery. SEC. 2. That in connection with and in aid of the further improvement and development of the said Newport Bay as a harbor, portions of the said lands heretofore granted to the said county may be hereafter improved by adapting the same to use for navigation, and that in so adapting said lands to said use portions thereof which lie between the line of mean high tide and the established bullchead or harbor lines may be hereafter filled and reclaimed, and portions of said lands so improved, filled, and reclaimed will be thereby excluded from the public ebannels and will no longer be available or useful or susceptible of being used for navigation, commerce, and fishing, and will no longer in fact he tidelands or sub- merged lands; and that such portions of said lands as shall be hereafter so improved, filled, and reclaimed by or in con- tiection with the further improvement and development of said Newport Bay as a Harbor Shall, N%hen so improved, filled, and reclaimed, be deemed free from the public use and trust for navigation, commerce, and fishery. SEC. 3. That any and all of said portions of said lands hereinbefore referred to, which have been or which shall hereafter be improved, filled, and reclaimed, as hereinbefore provided, if and when so improved, filled, and reclaimed, may be irrevocably alienated and comreyed free of the public uses and trusts in said acts, by the said County of Orange, with the approval and concurrence of the State Lands Commission, to the owner or respective owners of the uplands lying con- tiguous thereto in exchange for lands of such owner or owners necessary or desirable for the improvement, development and conduct of said harbor upon a finding by the State Lauds Commi,mion that the lands located in the area commonly known as Upper Newport Bay which are to be exchanged are no longer useful for navigation, commerce, and fishing, and that the lands to be received in exellange are at least of equal value thereto. The lauds received by the county in exchange shall be used by the county only for purposes of state-wide interest. Upon any conveyance as herein provided all right, title, and interest of the State and said County of Orange in the land exchanged shall vest in the grantee or grantees thereof. 974 STATUTES OF CALIFORNIA [Ch. 574 oRenses and See. 2. Any person, firm, association, or corporation, or Penalties. agent or officer thereof, who shall violate any of the prov' signs of this act shall be guilty of a misdemeanor, and u in conviction thereof, shall be punished by a fine not to a eed five hundred dollars, or by imprisonment in the coup jail for not more than six months, or by both such fine an mpris- onment. CHAPTER 574. An act relating to the granting off rainchis upon, and leases of, certa/m tidelands heretof ore Uri. ed to the city of Newport Beach by the Stat; of Calif 'Ria. C Approved by the Governor itay 23, 1939, In effect Auguat 14, 1929.1 The people of the State of Califor 'a do enact as follows: IvevpoA SECTION 1. The city of Ne port Beach, and its successors, $each is hereby authorized to gr t franchises for a period not a $ o nixed exceeding fifty years for ai ves and other public uses and hananises, purposes, and to lease f a period not exceeding fifty years teases, etc for purposes consisten with the trust upon which tidelands are held by the State f Calif crnia and with the requirements of commerce or nay' ation, upon, or of, all, or any part of, the tidelancLs heretof a granted to the city of Newport Beach under the prov! ons of an act entitled "An act granting cer- tain tidelands nd submerged '_ands of the State of California to the city Newport Beach, upon certain trusts and condi- tions," ap oved May 25, 1919, and under the provisions of an get a !tied "An act grana ing certain tidelands and sub- merge ands sof the State of California to the city of Newport Beac upon certain trusts and conditions," approved April 5, 192 , any limitation of the period of years of such franchises a leases, contained in either of said acts, to the contrary CHAPTER 575. An act to amend section 1 of an act entitled ".An act granting certain tidelands and submerged lands of the State of Cali- fornia to the county of Orange in said state upon certain trusts and conditions," approved May 25, 1919, relating to the granting of franchises upon, and leases of, the tidelands therein granted to the county of Orange. [Approved by the Governor May 29, 1929. In effect August 14, 1929 ] The people of the State of Cali f ornia do enact as follows: stats 1919, SECTION 1. Section 1 of an act entitled "An act granting am P. certain tidelands and submerged lands of the State of Cali- Ch. 5751 FORTY-EIGHTH SESSION 975 fornia to the counter of Orange in said state upon certain trusts and conditions," approved May 25, 1919, is hereby amended to read as follows: Section 1. There is hereby granted to the county of Orange Tian ads to and to its successors all of the right, title and interest of the orange State of California held by said state by virtue of its sovereignty Counts in and to all that portion of the tidelands and submerged lands bordering upon and under Newport bay in the said county of Orange, which are outside of the corporate limits of the city of Newport Beach, a municipal corporation, the same to be forever held by said county and by its successors in trust for the uses and purposes and upon the express conditions following, to wit: (a) Said lands shall be used by said county and by its suc- use or cessors solely for the establishment, improvement and conduct lands of a harbor and for the establishment and construction of bulkheads or breakwaters for the protection of lands within its boundaries, or for the protection of its harbor, and for the construction, maintenance and operation thereon of wharves, docks, piers, slips, quays, ways and streets, and other utilities, structures and appliances necessary or convenient for the pro- motion or accommodation of commerce and navigation, and the protection of the lands within said county. And said county or its successors shall not at any time grant, convey, give or alien said lands or any part thereof to any individual, firm, or corporation for any purposes whatever; provided, that said county or its successors may grant franchises thereon for a period not exceeding fifty years for wharves and other pub» lic uses and purposes, and may lease said lands or any Part thereof for a period not exceeding fifty years for pur- poses consistent with the trust upon which said lands are held by the State of California, and with the requirements of commerce or navigation at said. harbor. (v) Said harbor shall be improved by said county without Impro+ement expense to the state and shall always remain a public harbor And USe r for all purposes of commerce and navigation, and the State of by stale - California shall have at all times the right to use, without charge, all wharves, docks, piers, slips, quays, and other improvements constructed on said lands or any part thereof for any vessel or other water craft or railroad owned or oper- ated by the State of California. (c) In the management, conduct or operation of said harbor, lbites, or of any of the utilities, structures or appliances mentioned tolls' Or- in paragraph (a) no discrimination in rates, tolls or charges, or in facilities for any use or service in connection therewith shall ever be made, authorized or permitted by said county, or by its successors. The absolute right to fish in the waters of nights said harbor with the right of convenient access to said water reserved over said lands for said purpose is hereby reserved to the people of the State of California. 1138 STATUTES OF CALIFORNIA. ( Ch. 526 attending upon the superior court, in going onl e, twenty-five cents; provided, that ' o this class the grand jurors a nd in criminal cases shall be paid wary raWthe county auditor, issued upon the order DT the court, or judge thereof. CHAPTER 526. An act granting certain tidelands and submerged lands of the State of California to the county of Orange in said state Ripon certain trusts and conditions. [Approved May 25, 1919. In effect July 35, 1919.] The people of the State of California do enact as follows: Tidelands SrcTIoN 1. There is hereby granted to the county of Orange thrEng to and to its successors all of the right, title and interest of the mlitp. State of California held by said state by virtue of its sover- eignty in and to all that portion of the tidelands and sub- merged lands bordering upon and under Newport bay in the said county of Orange, which are outside of the corporate limits of the city of Newport Beach, a municipal corporation, the same to be forever held by said county and by its succes- sors in trust for the uses and purposes and upon the express conditions following, to wit: Use or lands. (a) Said lands shall be used by said county and by its suc- cessors solely for the establishment, improvement and conduct of a harbor and for the establishment and construction of bulkheads or breakwaters for the protection of lands within its boundaries, or for the protection of its harbor, and for the construction, maintenance and operation thereon of wharves, docks, piers, slips, quays, ways and streets, and other utilities, structures and appliances necessary or convenient for the pro- motion or accommodation of commerce and navigation, and the protection of the lands within said county. And said county or its successors shall not at any time grant, convey, give or alien said lands or any part thereof to any individual, firm, or corporation for any purposes whatever; provided, that said county or its successors Inay grant franchises thereon for a period not exceeding twenty-five years for wharves and other public uses and purposes, and may lease said lands or. any part thereof for a period not exceeding twenty-five years for purposes consistent with the trust upon which said lands are held by the State of California, and with the requirements of commerce or navigation at said harbor. Improvement (b) Said harbor shall be improved by said county without of hamar. expense to the state and shall always remain a public harbor for all purposes of commerce and navigation, and the State of California shall have at all tithes the right to use, without Digitized Dy C .3 c Ch. 527 FORTY-THIRD SESSION. 1139 charge, , all wharves, docks, piers, slips, quays, and other improvements constructed on said lands or any part thereof for any vessel or other water craft or railroad owned or oper- ated by the State of California. (c) In the management, conduct or operation of said harbor, Rates, or of any of the utilities, structures or appliances mentioned in paragraph (a) no discrimination in rates, tolls or charges, or in facilities for any use or service in connection therewith shall ever be made, authorized or permitted by said county, or by its sueci,s,ors. The absolute right to fish In the waters of Rl treservetdo °ove said harbor with the right of convenient access to said water people. over said lands for said purpose is hereby reserved to the People of the State of California. CHAPTER 527. An act to protide for a suitable memorial in the caps extension buildings in Sacramento for the part talc by residents of California in the world war. j Approvwl Mny 27, 1919. Ju i4ect July 2.7, D.l The people of lice State of California do en as follows: SECTION 1. The state building co fission as established Memorial r;° by the provisions of chapter two ndred thirty-five of the eapftof statutes of 1913 is hereby authori c and directed, in complet- ing plans for the capitol ext _ion buildings in the city of Sacramento, to cause to bei orporated in such plans a room, apartment or such other _ 1eture or feature as may be deemed an appropriate memo ' of the part taken by residents of California in the ar, y and navy of the United States during the great world or, and the victory for world liberty in battles on Ian and sea and in the air; to perpetuate the memory of ose who gave tip their lives in the cause of their country, d the services and sacrifices of those who gave of tile' time and their means in the auxiliary activities of war rvices, and the noble record made by the people of this siatcin the moral and material support rendered the state And national government in every way during the war period.