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HomeMy WebLinkAboutCalifornia State Lands Commission - State of California - 2013-06-17STATE OF CALIFORNIA EDMUND G. BROWN JR., Governor CALIFORNIA STATE LANDS COMMISSION 100 Howe Avenue, Suite 100-South Sacramento, CA 95825-8202 AUG 2.3 2013 Joan L. Flynn City Clerk City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 JENNIFER LUCCHESI, Executive Officer (916) 574-1800 FAX (916) 574-1810 California Relay Service from TDD Phone 1-800-735-2929 from Voice Phone 1-800-735-2922 Contact Phone: (916) 574-2275 Contact FAX. (916) 574-1835 File Ref: PRC 9063.9 Subject: Abandonment Agreement for Lease Nos. PRC 8738.9 and 5769.9 and General Lease — Public Agency Use Lease PRC 9063.9, Associated with the Warner Avenue Bridge, Huntington Beach, Orange County Dear Ms. Flynn: Enclosed are the City's fully executed copies of the subject documents that were authorized by the California State Lands Commission on April 26, 2013. Our Accounting Office will be notifying you regarding a refund due or balance outstanding on this project within ninety (90) days from the date of this letter. The Commission appreciates your cooperation and patience in helping to complete this transaction. If you have any question, please do not hesitate to contact me at drew.simpkin@slc.ca.gov or by phone at (916) 574-2275. Sincerely, ArewSimpkin Public Lands Management Specialist Enclosures RECORDED AT THE REQUEST OF AND WHEN RECORDED MAIL TO: STATE OF CALIFORNIA California State Lands Commission Attn: Title Unit 100 Howe Avenue, Suite 100-South Sacramento, CA 95825-8202 STATE OF CALIFORNIA OFFICIAL BUSINESS Document entitled to free recordation pursuant to Government Code Section 27383 County: Orange SPACE ABOVE THIS LINE FOR RECORDERS USE ABANDONMENT AGREEMENT LEASE NO. PRC 8738.9 & 5769.1 WHEREAS, the State of California, acting by and through the State Lands Commission, as Lessor, and the City of Huntington Beach, as Lessee, made and entered into lease agreements, designated as lease PRC 8738.9 and PRC 5769.9, authorized by Lessor on December 14, 2006 and December 20, 1979, respectively, and WHEREAS, the leased lands cover certain sovereign lands, hereinafter Premises, located in and adjacent to Warner Avenue, city of Huntington Beach, Orange County; WHEREAS, under PRC 5769.9 the Premises were authorized for the Warner Avenue Bridge; and WHEREAS, under PRC 8738.9, the Premises were authorized for the construction, use and maintenance of a 24-inch diameter sewer pipeline, which was never constructed; and WHEREAS, effective April 26, 2013 the LESSOR rescinded the December 14, 2006 authorization of a General Lease — Public Agency Use, PRC 8738.9 to the LESSEE; and WHEREAS, effective April 26, 2013 the LESSOR terminated the General Lease — Public Agency Use, PRC 5769.9, issued to LESSEE; and WHEREAS, LESSEE has requested LESSOR's authorization to remove and abandon an existing sewer lift station and three sewer manholes. The lift station and manholes will be removed 5 feet below grade and backfilled with cement slurry mix. In addition, an existing 84nch diameter sewer force main, 8-inch diameter sewer pipeline , 10-inch diameter vitrified clay sewer pipeline, 12-inch diameter vitrified clay sewer pipeline, 6-inch diameter PVC sewer pipeline with a 12-inch diameter casing will be abandoned in place. All pipelines will be abandoned in place and filled with a cement slurry mix. The existing 8-inch diameter sewer force main on the. north side of the Warner Avenue Bridge will be removed. There is also an already abandoned 6-inch diameter sewer pipeline and 87inch diameter sewer pipeline. These already abandoned pipelines are included in this Abandonment Agreement. All abandoned facilities are described in Exhibit A; and NOW THIERFFOR>E, the parties agree as follows: 1. The LESSEE agrees to respond in a responsible and timely manner to any claims arising from the abandonment of the pipelines and associated structures and shall give prompt notice to the LESSOR of any accident, injury, casualty, or claim arising out of or connected in any way with the abandoned pipeline and associated structures. 2. The LESSEE shall, at no cost to the LESSOR, remove all or any portion of the improvements abandoned in place if the improvements are ever determined by the LESSOR to be adverse to the public interest. The LESSEE shall observe all rules and regulations of any agency(ies) having jurisdiction in the area of the abandoned improvements. Upon notice from the LESSOR that the abandoned improvements are adverse to the public interest, the LESSEE shall have 90 days, following the issuance of all necessary permits, to complete removal of such improvements, unless otherwise extended by the LESSOR. In consideration of the LESSEE being allowed to abandon certain improvements in place, the State shall not be liable and the LESSEE shall indemnify, hold harmless and, at the option of the State, defend the State, its officers, agents, and employees against and for any and all liability, claims, damages or injuries of any kind or from any cause whatsoever arising out of or in any way from the subject matter of this agreement, except for any liability, claims, damages, or injuries arising out of subsequent alterations to or near the abandoned improvements permitted by the LESSOR. This provision shall not be deemed to be a waiver of any sovereign immunity or notice of claim of defense that may be available to the State in any causes of action. LESSEE acknowledges and agrees: a) The site may be subject to hazards from natural geophysical phenomena including, but not limited to waves, storm waves, tsunamis, earthquakes, flooding, and erosion. b) To assume the risks to LESSEE and to the property that is the subject of this Agreement, of injury and damage from such hazards in connection with the permitted development and use. c) To unconditionally waive any claim or damage or liability against the State of California, its agencies, officers, agents, and employees for injury or damage from such hazards. d) To indemnify, hold harmless, at the option of the State, defend the State of California, its agencies, officers, agents, and employees against and for any and all liability; claims, demands, damages, injuries or costs of any kind and from any cause (including costs and fees incurred in defense of such claims), expenses, and amounts paid in settlement arising from any alleged or actual injury, damage or claim due to site.hazards or connected in any way with respect to the approval of this Agreement. 5. LESSEE shall comply with and be bound by all presently existing or subsequently enacted rules, regulations, statutes or ordinances of the LESSOR or any other governmental agency or entity having lawful authority and jurisdiction. 6. The terms of this Agreement shall extend to, be binding upon, and inure to the heirs, executors, administrators, successors, and assigns of the respective parties hereto. This Agreement will become binding on the State only when duly executed on behalf of the State Lands Commission of the State of California. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date hereinafter affixed. City of Huntington Beach By (An" 2 Mayor INITIATED AND APPROVED: By: Director of Public Works APPROVED AS TO FORUM: F By. �,. JI, City Attorney _ 13 State of California State Lands Commission By. crti�f Title: hand WwqW&d DYMM In executing this Agreement the following is required: 1. A certified copy of the resolution or other document authorizing the execution of this Agreement on behalf of the City of Huntington Beach. ACKNOWLEDGMENT STATE OF CALIFORNIA ss COUNTY OF ORANGE On June 19, 2013 before me, P. L. Esparza, Notary Public, personally appeared Connie Boardman who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her authorized capacity, and that by her signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. (Notary Signat e) P L. ESPAHZA Commission # 1857021 i •� Notary Public - California z z ' Orange County l My Comm. Expires Aug 4, 2013 t (Seal) e PRC 9738.9 EXHIBIT A PRC 5769.9 W 26638 LAND DESCRIPTION Three parcels of State-owned lands in the unincorporated territory of the County of Orange, State of California, and more particularly described as follows. PARCEL 1 (formerly PRC 8738) The northerly thirty (30) feet of that certain parcel described as Exhibit 1, Part 3 of that corporation quitclaim deed recorded August 17, 1973 from Signal Balsa Corporation to the State of California, recorded in Book 10855 Official Records Page 531, Grange County Records. PARCEL 2 All those lands as described as Exhibit B, Parcel 3 of that corporation deed recorded August 17, 1973 from Signal Balsa Corporation, Signal Properties Inc. and Signal Oil and Gas Company to the State of California, recorded in Book 10855 Official Records Page 354, Orange County Records. PARCEL 3 Commencing at the southeasterly comer of those lands described in the deed to the City of Huntington Beach recorded April 21, 1971 in Book 9613, Page 233 of Official Records, said point of commencement also being the southeasterly corner of the 1.354 acre parcel shown on the record of survey filed in Book 7, Page 20 of.Records of Survey both located in records, of said county thence easterly North 89°51'53" East, 174,36 feet, along the centerline of Warner Avenue (formerly Los Patos Avenue), said centerline being 30 feet northerly of and parallel to the City of Huntington Beach Boundary as shown on the parcel map filed in Book 115, Page IS of Parcel Maps, of said records; thence southerly at right angles to said centerline South 00"08'07 East, 30.00 feet to the POINT OF BEGINNING, of this description said POINT OF BEGINNING being a paint along the southerly line of Warner Avenue, thence continuing southerly entering the unincorporated territory of the County of Orange South 0G'08'07" East; 12.50 feet to a line parallel with and 12,50 feet southerly of said southerly line; thence easterly along said parallel line North 89'51'53" East, 46.00 feet, thence northerly at right angles to said parallel line North 00"08'07" West 12.50 feet to said southerly line of Warrier Avenue, thence westerly along said southerly line South 89'51'53" West, 46.00 feet to the POINT OF BEGINNING. EKD OF DESCRIPTION PREPARED 3[20113 BY THE ; D CALIFORNIA STATE LANDS COMMISSION BOUNDARY UN7 Dy�1 CAG��C 5 RECORDED AT THE REQUEST OF AND WHEN RECORDED MAIL TO: STATE OF CALIFORNIA California State Lands Commission Attn: Title Unit 100 Howe Avenue, Suite 100-South Sacramento, CA 95825-8202 STATE OF CALIFORNIA OFFICIAL, BUSINESS Document entitled to free recordation pursuant to Government Code Section 27383 County: Orange SPACE ABOVE THIS LINE FOR RECORDER'S USE W 26638 LEASE No. PRC 1 o93.9 This Lease consists of this summary and the following attached and incorporated parts: Section 1 Basic Provisions Section 2 Special Provisions Amending or Supplementing Section 1 or 3 Section 3 General Provisions Exhibit A Description of Lease Premises Exhibit B Mitigation Monitoring Program SECTION 1 BASIC PROVISIONS THE STATE OF CALIFORNIA, hereinafter referred to as Lessor acting by and through the CALIFORNIA STATE LANDS COMMISSION (100 Howe Avenue, Suite 100-South, Sacramento, California 95825-8202), pursuant to Division 6 of the Public Resources Code and Title 2, Division 3 of the California Code of Regulations, and for consideration specified in this Lease, does hereby lease, demise, and let to the City of Huntington Beach, hereinafter referred to as Lessee, those certain lands described in Exhibit A thereafter referred to as Leased Premises subject to the reservations, terms, covenants, and conditions of this Lease. MAILING ADDRESS: City of Huntington Beach P.O. Box 190 Huntington Beach, CA 92649 LEASE TYPE: General Lease — Public Agency Use LAND TYPE: Sovereign LOCATION: Within and adjacent to Warner Avenue, city of Huntington Beach, Orange County, as described in Exhibit A attached and by reference made a part hereof. LAND USE OR PURPOSE: Construction, use and maintenance of a 12-inch diameter sewer force main and two 6-inch diameter sewer laterals and the continued use and maintenance of the existing Warner Avenue Bridge and 14-inch diameter water pipeline. TERM: 20 years; beginning April 26, 2013; ending April 25, 2033, unless sooner terminated as provided under this Lease. CONSIDERATION: The public use and benefit; with the State reserving the right at any time to set a monetary rent if the Commission finds such action to be in the State's best interest. Subject to modification by Lessor as specified in Paragraph 2(b) of Section 3 - General Provisions. AUTHORIZED IMPROVEMENTS: X EXISTING: Warner Avenue Bridge and 14-inch diameter water pipeline. X TO BE CONSTRUCTED: 12-inch diameter sewer force main and two 6-inch diameter sewer laterals. CONSTRUCTION MUST BEGIN BY: September 3, 2013 AND BE COMPLETED BY: November 4, 2014 LIABILITY INSURANCE: N/A SURETY BOND OR OTHER SECURITY: N/A SECTION 2 SPECIAL PROVISIONS BEFORE THE EXECUTION OF THIS LEASE, ITS PROVISIONS ARE AMENDED, REVISED, OR SUPPLEMENTED AS FOLLOWS: 1. All personal property, tools, or equipment taken onto or placed upon the Lease Premises shall remain the personal property of the Lessee or its contractor. Such personal property shall be promptly removed by the Lessee, at its sole risk and expense upon the completion of the project. Lessor does not accept any responsibility for any damage, including damages to any personal property, including any equipment, tools, or machinery on the Lease Premises. 2. No refueling, repairs, or maintenance of vehicles or equipment will take place on the Lease Premises or on lands subject to Lessor's jurisdiction. Lessee shall not add or permit any additional improvements to be placed on the Lease Premises without Lessor's consent. 4. Lessee agrees to obtain and provide at its expense and at the Lessor's request any information or analysis which may be reasonably necessary or beneficial to the Lessor to make a determination of whether to remove any improvements or any portion thereof. 5. At least 60 days prior to construction, the Lessee shall provide to Lessor: a. A final set of engineering design drawings as issued for construction, certified by a. California registered Civil/Structural Engineer with a wet stamp and signature. The drawings are to provide information including but not limited to normal and maximum allowable operating pressures, normal and maximum flow rates, hydrotest information, cathodic protection (CP) information, etc. The drawings also need to delineate the Lessor's boundaries. b. A final set of construction contract specifications. c. Details of all proposed inspection tests and procedures to be employed during construction for project quality assurance and control, including weld procedure specifications and welder qualification testing. d. For the existing 8-inch diameter sewer forcemain on the northern side of the Warner Avenue Bridge, provide details of removal and capping procedures including any containment provisions to prevent any spills into the waterway. e. A construction contractor's work execution plan providing details of manpower, equipment, construction methods and procedures to be employed for each significant work activity, safety procedures etc. f. A project specific hazardous spill contingency plan, with specific designation of the onsite person who will have responsibility for implementing the plan. g. A construction schedule time line chart showing all significant work activities during the course of project. h. Copies of the permits from all other involved agencies. i. A post construction sewer pipeline routine operation, inspection, and maintenance program for all facilities within the Lease Premises. 6. The project shall be constructed meeting the recommendations of the Geotechnical Report prepared by AESCO dated January 23, 2012. Any deviations from the Geotechnical Report recommendations shall be approved by the project Geotechnical Engineer. These deviations shall be documented and certified by a California registered Geotechnical Engineer and a copy shall be submitted to the Lessor. 7. Within 60 days of the project completion, Lessee shall provide to Lessor: a. A set of "as built" construction drawings, certified by a California registered Civil/Structural Engineer, showing all design changes or other amendments to the construction as originally approved. In addition, the existing 14-inch water pipeline shall also be shown in the "as built" drawings (both plan and profile). b. Certified copies of pipeline welding inspection records. c. Certified copies of all completed pipeline integrity test results (hydrotests, gauging runs etc.) including copies of any failed test results with an explanation of the reason for failure. d. A post construction written narrative report confirming completion of the project with discussion of any significant field changes or other modifications to the approved design or execution plan, and providing details of any extraordinary occurrences such as spill incidents, accidents involving serious injury or loss of life etc. 8. All future repairs or structural modifications to any part of the facility within the Lease Premises will require prior review and approval of Commission staff. In the event of an urgent repair requiring immediate action, staff may be contacted at the Commission's 24 hour emergency notification number (562) 590-5201. 9. Lessee shall maintain and operate all pipelines/facilities within the Lease Premises per applicable regulations and current industry standards. 10. Lessee agrees to submit no later than two years prior to the expiration of this Lease either: (a) an application and minimum expense deposit for a new lease for the continued use of the Lease Premises, or (b) a plan for the restoration of the Lease Premises to be completed prior to the expiration of the lease term pursuant to Paragraph 12 of Section 3, General Provisions, of this Lease. Failure to submit the application and minimum expense deposit or the restoration plan shall be deemed a default of the Lease under Paragraph I I (b) of Section 3, General Provisions, of this Lease. 11. Lessee acknowledges and agrees: a. The site maybe subject to hazards from natural geophysical phenomena including, but not limited to, waves, storm waves, tsunamis, earthquakes, erosion, flooding, and sea level rise. b. To assume the risks to the Lessee and to the property that is the subject of any CDP that is issued to Lessee for development on the Leased Premises, of injury and damage from such hazards in connection with the permitted development and use. c. To unconditionally waive any claim or damage or liability against the State of California, its agencies, officers, agents, and employees for injury or damage from such hazards. d. In addition to Section 3, Paragraph 7 "Indemnity" and with regard to the California Coastal Commission and the Costal Development Permit: To indemnify, hold harmless and, at the option of the California Coastal Commission, defend the State of California, its agencies, officers, agents, and employees, against and for any and all liability, claims, demands, damages, injuries, or costs of any kind and from any cause (including costs and fees incurred in defense of such claims), expenses, and amounts paid in settlement arising from any alleged or actual injury, damage or claim due to site hazards or connected in any way with respect to the approval of any CDP involving this property or issuance of this Lease, any new lease, renewal, amendment, or assignment by Lessor. In the event of any conflict between the provisions of Section 2 and Section 3 of this Lease, the provisions of Section 2 shall prevail. ,SECTION 3 GENERAL PROVISIONS 1. GENERAL These provisions are applicable to all leases, permits, rights - of -way, easements, or licenses or other interests in real property conveyed by the State Lands Commission. 3. CONSIDERATION (a) Categories (1) Rental Lessee shall pay the annual rental as stated in this Lease to Lessor without deduction, delay, or offset, on or before the beginning date of this Lease and on or before each anniversary of its beginning date during each year of the Lease term. (2) Non -Monetary Consideration If the consideration to Lessor for this Lease is the public use, benefit, health, or safety, Lessor shall have the right to review such consideration at any time and set a monetary rental if the State Lands Commission, at its sole discretion, determines that such action is in the best interest of the State. (b) Modification Lessor may modify the method, amount, or rate of consideration effective on each fifth anniversary of the beginning date of this Lease. Should Lessor fail to exercise such right effective on any fifth anniversary it may do so effective on any one (1)of the next four (4) anniversaries following such fifth anniversary, without prejudice to its right to effect such modification on the next or any succeeding fifth anniversary. No such modification shall become effective unless Lessee is given at least thirty (30) days notice prior to the effective date. (c) Penalty and Interest Any installments of rental accruing under this Lease not paid when due shall be subject to a penalty and shall bear interest as specified in Public Resources Code Section 6224 and the Lessor's then existing administrative regulations governing penalty and interest. BOUNDARIES This Lease is not intended to establish the State's boundaries and is made without prejudice to either parry regarding any boundary claims which may be asserted presently or in the future. LAND USE (a) General Lessee shall use the Lease Premises only for the purpose or purposes stated in this Lease and only for the operation and maintenance of the improvements expressly authorized in this Lease. Lessee shall commence use of the Lease Premises within ninety (90) days of the beginning date of this Lease or within ninety (90) days of the date set for construction to commence as set forth in this Lease, whichever is later. Lessee shall notify Lessor within ten (10) days after commencing the construction of authorized improvements and within sixty (60) days after completing them. Lessee's discontinuance of such use for a period of ninety (90)-days - shall be conclusively presumed to be an abandonment. (b) Continuous Use Lessee's use of the Lease Premises shall be continuous from commencement of the Lease until its expiration. (c) Repairs and Maintenance Lessee shall, at its own expense, keep and maintain the Lease Premises and all improvements in good order and repair and in safe condition. Lessor shall have no obligation for such repair and maintenance. (d) Additions, Alterations, and Removal (1) Additions - No improvements other than those expressly authorized in this Lease shall be constructed by the Lessee on the Lease Premises without the prior written consent of Lessor. (2) Alteration or Removal - Except as provided under this Lease, no alteration or removal of improvements on or natural features of the Lease Premises shall be undertaken without the prior written consent of Lessor. (e) Conservation Lessee shall practice conservation of water, energy, and other natural resources and shall prevent pollution and harm to the environment. Lessee shall not violate any law or regulation whose purpose is to conserve resources or to protect the environment. Violation of this section shall constitute grounds for termination of the Lease. Lessor, by its executive officer, shall notify Lessee, when in his or her opinion, Lessee has violated the provisions of this section and Lessee shall respond and discontinue the conduct or remedy the condition within 30 days. (f) Toxics Lessee shall not manufacture or generate hazardous wastes on the Lease Premises unless specifically authorized under other terms of this Lease. Lessee shall be fully responsible for any hazardous wastes, substances, or materials as defined under federal, State, or local law, regulation, or ordinance that are manufactured, generated, used, placed, disposed, stored, or transported on the Lease Premises during the Lease term and shall comply with and be bound by all applicable provisions of such federal, State, or local law, regulation or ordinance dealing with such wastes, substances, or materials. Lessee shall notify Lessor and the appropriate governmental emergency response agency(ies) immediately in the event of any release or threatened release of any such wastes, substances, or materials. (g) Enjoyment Subject to the provisions of paragraph 5 (a) (2) below, nothing in this Lease shall preclude Lessee from excluding persons from the Lease Premises when their presence or activity constitutes a material interference with Lessee's use Page 2 and enjoyment of the Lease Premises as provided under this Lease. (h) Discrimination Lessee in its use of the Lease Premises shall not discriminate against any person or class of persons on the basis of race, color, creed, religion, national origin, sex, age, or handicap. (i) Residential Use No portion of the Lease Premises shall be used as a location for a residence or for the purpose of mooring a structure which is used as a residence. For purposes of this Lease, a residence or floating residence includes but is not limited to boats, barges, houseboats, trailers, cabins, or combinations of such facilities or other such structures which provide overnight accommodations to the Lessee or others. RESERVATIONS, ENCUMBRANCES, AND RIGHTS - OF -WAY (a) Reservations (1) Lessor expressly reserves all natural resources in or on the Lease Premises, including but not limited to timber and minerals as defined under Public Resources Code Sections 6401 and 6407, as well as the right to grant leases in and over the Lease Premises for the extraction of such natural resources; however, such leasing shall be neither inconsistent nor incompatible with the rights or privileges of Lessee under this Lease. (2) Lessor expressly reserves a right to go on the Lease Premises and all improvements for any purposes associated with this Lease or for carrying out any function required by law, or the rules, regulations, or management policies of the State Lands Commission. Lessor shall have a right of reasonable access to the Lease Premises across Lessee owned or occupied lands adjacent to the Lease Premises for any purpose associated with this Lease. (3) Lessor expressly reserves to the public an easement for convenient access across the Lease Premises to other State-owned lands located near or adjacent to the Lease Premises and a right of reasonable passage across and along any right-of-way granted by this Lease; however, such easement or right- of - way shall be neither inconsistent nor incompatible with the rights or privileges of Lessee under this Lease. (4) Lessor expressly reserves the right to lease, convey, or encumber the Lease Premises, in whole or in part, during the Lease term for any purpose not inconsistent or incompatible with the rights or privileges of Lessee under this Lease. (b) Encumbrances This Lease may be subject to pre-existing contracts, leases, licenses, easements, encumbrances, and claims and is made without warranty by Lessor of title, condition, or fitness of the land for the stated or intended purpose. RULES, REGULATIONS, AND TAXES (a) Lessee shall comply with and be bound by all presently existing or subsequently enacted rules, regulations, statutes or ordinances of the State Lands Commission or any other governmental agency or entity having lawful authority and jurisdiction. (b) Lessee understands and agrees that a necessary condition for the granting and continued existence of this Lease is that Lessee obtains and maintains all permits or other entitlements. (c) Lessee accepts responsibility for and agrees to pay any and all possessory interest taxes, assessments, user fees or service charges imposed on or associated with the leasehold interest, improvements or the Lease Premises, and such payment shall not reduce rental due Lessor under this Lease and Lessor shall have no liability for such payment. INDEMNITY (a) Lessor shall not be liable and Lessee shall indemnify, hold harmless, and, at the option of Lessor, defend Lessor, its officers, agents, and employees against and for any and all liability, claims, damages or injuries of any kind and from any cause, arising out of or connected in any way with the issuance, enjoyment or breach of this Lease or Lessee's use of the Lease Premises except for any such liability, claims, damage or injury solely caused by the negligence of Lessor, its officers, agents and employees. (b) Lessee shall notify Lessor immediately in case of any accident, injury, or casualty on the Lease Premises. INSURANCE (a) Lessee shall obtain and maintain in full force and effect during the term of this Lease comprehensive general liability insurance and property damage insurance, with such coverage and limits as may be reasonably requested by Lessor from time to time, but in no event for less than the sum(s) specified, insuring Lessee and Lessor against any and all claims or liability arising out of the ownership, use, occupancy, condition, or maintenance of the Lease Premises and all improvements. (b) The insurance policy or policies shall name the State of. California, its officers, employees and volunteers as insureds as to the Lease Premises and shall identify the Lease by its assigned number. Lessee shall provide Lessor with a certificate of such insurance and shall keep such certificate current. The policy (or endorsement) must provide that the insurer will not cancel the insured's coverage without thirty (30) days prior written notice to Lessor. Lessor will not be responsible for any premiums or other assessments on the Form 51.15 (Rev. 6/06) Page 3 policy. The coverage provided by the insured (Lessee) shall be primary and non-contributing. (c) The insurance coverage specified in this Lease shall be in effect at all times during the Lease term and subsequently until all of the Lease Premises have been either accepted as improved, by Lessor, or restored by Lessee as provided elsewhere in this Lease. 9. SURETY BOND (a) Lessee shall provide a surety bond or other security device acceptable to Lessor, for the specified amount, and naming the State of California as the assured, to guarantee to Lessor the faithful observance and performance by Lessee of all of the terms, covenants, and conditions of this Lease. (b) Lessor may require an increase in the amount of the surety bond or other security device to cover any additionally authorized improvements, alterations or purposes and any modification of consideration. (c) The surety bond or other security device shall be maintained in full force and effect at all times during the Lease term and subsequently until all of the Lease Premises have been either accepted as improved, by Lessor, or restored by Lessee as provided elsewhere in this Lease. 10. ASSIGNMENT, ENCUMBRANCING OR SUBLETTING (a) Lessee shall not either voluntarily or by operation of law, assign, transfer, mortgage, pledge, hypothecate or encumber this Lease and shall not sublet the Lease Premises, in whole or in part, or allow any person other than the Lessee's employees, agents, servants and invitees to occupy or use all or any portion of the Lease Premises without the prior written consent of Lessor, which consent shall not be unreasonably withheld. (b) The following shall be deemed to be an assignment or transfer within the meaning of this Lease: (1) If Lessee is a corporation, any dissolution, merger, consolidation or other reorganization of Lessee or sale or other transfer of a percentage of capital stock of Lessee which results in a change of controlling persons, or the sale or other transfer of substantially all the assets of Lessee; (2) If Lessee is a partnership, a transfer of any interest of a general partner, a withdrawal of any general partner from the partnership, or the dissolution of the partnership. (c) If this Lease _ is for sovereign lands, it shall be appurtenant to adjoining littoral or riparian land and Lessee shall not transfer or assign its ownership interest or use rights in such adjoining lands separately from the leasehold rights granted herein without the prior written consent of Lessor. (d) If Lessee desires to assign, sublet, encumber or otherwise transfer all or any portion of the Lease Premises, Lessee shall do all of the following: (1) Give prior written notice to Lessor; (2) Provide the name and complete business organization and operational structure of the proposed assignee, sublessee, secured third party, or other transferee; and the nature of the use of and interest in the Lease Premises proposed by the assignee, sublessee, secured third party or other transferee. If the proposed assignee, sublessee, or secured third party is a general or limited partnership, or a joint venture, provide a copy of the partnership agreement or joint venture agreement, as applicable; (3) Provide the terms and conditions of the proposed assignment, sublease, or encumbrance or other transfer; (4) Provide audited financial statements for the two most recently completed fiscal years of the proposed assignee, sublessee, secured party or other transferee; and provide pro forma financial statements showing the projected income, expense and financial condition resulting from use of the Lease Premises; and (5) Provide such additional or supplemental information as Lessor may reasonably request concerning the proposed assignee, sublessee, secured party or other transferee. Lessor will evaluate proposed assignees, sublessees, secured third parties and other transferees and grant approval or disapproval according to standards of commercial reasonableness considering the following factors within the context of the proposed use: the proposed parry's financial strength and reliability, their business experience and expertise, their personal and business reputation, their managerial and operational skills, their proposed use and projected rental, as well as other relevant factors. (e) Lessor shall have a reasonable period of time from the receipt of all documents and other information required under this provision to grant or deny its approval of the proposed party. (f) Lessee's mortgage or hypothecation of this Lease, if approved by Lessor, shall be subject to terms and conditions found in a separately drafted standard form (Agreement and Consent to Encumbrancing of Lease) available from Lessor upon request. (g) Upon the express written assumption of all obligations and duties under this Lease by an assignee approved by Lessor, the Lessee may be released from all liability under this Lease arising after the effective date of assignment and not associated with Lessee's use, possession or occupation of Form 51.15 (Rev. 6/06) Page 4 or activities on the Lease Premises; except as to any hazardous wastes, substances or materials as defined under federal, state or local law, regulation, or ordinance manufactured, generated, used, placed, disposed, stored or transported on the Lease Premises. (h) If the Lessee files a petition or an order for relief is entered against Lessee, under Chapters 7,9,11 or 13 of the Bankruptcy Code (11 USC Sect. 101, et seq.) then the trustee or debtor -in -possession must elect to assume or reject this Lease within sixty (60) days after filing of the petition or appointment of the trustee, or the Lease shall be deemed to have been rejected, and Lessor shall be entitled to immediate possession of the Lease Premises. No assumption or assignment of this Lease shall be effective unless it is in writing and unless the trustee or debtor -in - possession has cured all defaults under this Lease (monetary and non -monetary) or has provided Lessor with adequate assurances (1) that within ten (10) days from the date of such assumption or assignment, all monetary defaults under this Lease will be cured; and (2) that within thirty (30) days from the date of such assumption, all non -monetary defaults under this Lease will be cured; and (3) that all provisions of this Lease will be satisfactorily performed in the future. 11. DEFAULT AND REMEDIES (a) Default The occurrence of any one or more of the following events shall immediately and without further notice constitute a default or breach of the Lease by Lessee: (1) Lessee's failure to make any payment of rental, royalty, or other consideration as required under this Lease; (2) Lessee's failure to obtain or maintain liability insurance or a surety bond or other security device as required under this Lease; (3) Lessee's vacation or abandonment of the Lease Premises (including the covenant for continuous use as provided for in paragraph 4) during the Lease term; (4) Lessee's failure to obtain and maintain all necessary governmental permits or other entitlements; (5) Lessee's failure to comply with all applicable provisions of federal, state or local law, regulation or ordinance dealing with hazardous waste, substances or materials as defined under such law; (6) Lessee's Failure to commence to construct and to complete construction of the improvements authorized by this Lease within the time limits specified in this Lease; and/or (7) Lessee's failure to comply with applicable provisions of federal, State or local laws or ordinances relating to issues of Health and Safety, or whose purpose is to conserve resources or to protect the environment. (b) Lessee's failure to observe or perform any other term, covenant, or condition of this Lease to be observed or performed by the Lessee when such failure shall continue for a period of thirty (30) days after Lessor's giving written notice; however, if the nature of Lessee's default or breach under this paragraph is such that more than thirty (30) days are reasonably required for its cure, then Lessee shall not be deemed to be in default or breach if Lessee commences such cure within such thirty .(30) day period and diligently proceeds with such cure to completion. (c) Remedies In the event of a default or breach by Lessee and Lessee's failure to cure such default or breach, Lessor may at any time and with or without notice do any one or more of the following: (1) Re-enter the Lease Premises, remove all persons and property, and repossess and enjoy such premises; (2) Terminate this Lease and Lessee's right of possession of the Lease Premises. Such termination shall be effective upon Lessor's giving written notice and upon receipt of such notice, Lessee shall immediately surrender possession of the Lease Premises to Lessor; (3) Maintain this Lease in full force and effect and recover any rental, royalty, or other consideration as it becomes due without terminating Lessee's right of possession regardless of whether Lessee shall have abandoned the Lease Premises; and/or (4) Exercise any other right or remedy which Lessor may have at law or equity. 12. RESTORATION OF LEASE PREMISES (a) Upon expiration or sooner termination of this Lease, Lessor upon written notice may take title- to any or all improvements, including fills, or Lessor may require Lessee to remove all or any such improvements at its sole expense and risk; or Lessor may itself remove or have removed all or any portion of such improvements at Lessee's sole expense. Lessee shall deliver to Lessor such documentation as may be necessary to convey title to such improvements to Lessor free and clear of any liens, mortgages, loans or any other encumbrances. (b) In removing any such improvements Lessee shall restore the Lease Premises as nearly as.possible to the conditions existing prior to their installation or construction. Form 51.15 (Rev. 6/06) Page 5 (c) All plans for and subsequent removal and restoration shall be to the satisfaction of Lessor and shall be completed within ninety (90) days after the expiration or sooner termination of this Lease or after compliance with paragraph 12(d), whichever is the lesser. (d) In removing any or all the improvements Lessee shall be required to obtain any permits or other governmental approvals as may then be required by lawful authority. (e) Lessor may at any time during the Lease term require Lessee to conduct at its own expense and by a contractor approved by Lessor an independent environmental site assessment or inspection for the presence or suspected presence of hazardous wastes, substances or materials as defined under federal, State or local law, regulation or ordinance manufactured, generated, used, placed, disposed, stored, or transported on the Lease Premises during the term of the Lease. Lessee shall provide the results of the assessment or inspection to Lessor and the appropriate governmental response agency(ies) and shall further be responsible for removing or taking other appropriate remedial action regarding such wastes, substances or materials in accordance with applicable federal, state or local law regulation or ordinance. 13. QUITCLAIM Lessee shall, within ninety (90) days of the expiration or sooner termination of this Lease, execute and deliver to Lessor in a form provided by Lessor a good and sufficient release of all rights under this Lease. Should Lessee fail or refuse to deliver such a release, a written notice by Lessor reciting such failure or refusal shall, from the date of its recordation, be conclusive evidence against Lessee of the termination of this Lease and all other claimants. 14. 14OLIDING-OVER Any holding -over by Lessee after the expiration of the Lease term, with or without the express or implied consent of Lessor, shall constitute a tenancy from month to month and not an extension of the Lease term and shall be on the terms, covenants, and conditions of this Lease, except that the annual rental then in effect shall be increased by twenty- five percent (25%). 15. ADDITIONAL PROVISIONS (a) Waiver (1) No term, covenant, or condition of this Lease and no default or breach of any such term, covenant or condition shall be deemed to have been waived, by Lessor's acceptance of a late or nonconforming performance or otherwise, unless such a waiver is expressly acknowledged by Lessor in writing. (2) Any such waiver shall not be deemed to be a waiver of any other term, covenant or condition of any other default or breach of any term, covenant or condition of this Lease. (b) Time Time is of the essence of this Lease and each and all of its terms, covenants or conditions in which performance is a factor. (c) Notice All notices required to be given under this Lease shall be given in writing, sent by U.S. Mail with postage prepaid, to Lessor at the offices of the State Lands Commission and the Lessee at the address specified in this Lease. Lessee shall give Lessor notice of any change in its name or address. (d) Consent Where Lessor's consent is required under this Lease its consent for one transaction or event shall not be deemed to be a consent to any subsequent occurrence of the same or any other transaction or event. (e) Changes This Lease may be terminated and its term, covenants, and conditions amended, revised, or supplemented only by mutual written agreement of the parties. (f) Successors The terms, covenants, and conditions of this Lease shall extend to and be binding upon and inure to the benefit of the heirs, successors, and assigns of the respective parties. (g) Joint and Several Obligation If more than one Lessee is a party to this Lease, the obligations of the Lessees shall be joint and several. (h) Captions The captions of this Lease are not controlling and shall have no effect upon its construction or interpretation. (i) Severability If any term, covenant or condition of this Lease is determined by a court of competent jurisdiction to be invalid, it shall be considered deleted and shall not invalidate any of the remaining terms, "covenants and conditions. Form 51.15 (Rev. 6/06) Page 6 STATE OF CALIFORNIA - STATE LANDS COMMISSION LEASE NO. 9 063 q W26638 This Lease shall become effective only when approved by and executed on behalf of the State Lands Commission of the State of California and a duly executed copy has been delivered to Lessee. The submission of this Lease by Lessor, its agent or representative for examination by Lessee does not constitute an option or offer to lease the Lease Premises upon the terms and conditions contained herein, or a reservation of the Lease Premises in favor of Lessee. Lessee's submission of an executed copy of this Lease to Lessor shall constitute an offer to Lessor to lease the Lease Premises on the terms and conditions set forth herein. IN WITNESS WHEREOF, the parties hereto have executed this Lease as of the date hereafter affixed. LESSEE: City of Huntington Beach By: N'�rlkAA Mayor INITIATED AND APPROVED: By: `Director of Pubfic Works APPROVED AS TO FORM: By: City Attorney jy) 1 j REVIEW#.1PROVED: By: C ACKNOWLEDGEMENT LESSOR: STATE OF CALIFORNIA STATE LANDS COMMISSION By: ONWM Title: Date: AUG 2 3 2013 This Lease was authorized by the California State Lands Commission on A p,r; \ 2-6 , 201 ?j (Month Day Year Form 51.15 (Rev. 6/06) ACKNOWLEDGMENT STATE OF CALIFORNIA ss COUNTY OF ORANGE On June 19, 2013 before me, P. L. Esparza, Notary Public, personally appeared Connie Boardman who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her authorized capacity, and that by her signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my"hand and official seal. (Notary Signatur P L. ESPAHZA Commission # 1857021 i • "m _ Notary Public - California z z Orange County M Comm. Expires A� u� g�013 (� (Seal) ,,,[ EXHIBIT A W 26638 LAND DESCRIPTION Three parcels of State-owned lands in the unincorporated territory of the County of Orange, State of California, and more particularly described as follows: PARCEL 1 (formerly PRC 8738) The northerly thirty (30) feet of that certain parcel described as Exhibit 1, Part 3 of that corporation quitclaim deed recorded August 17, 1973 from Signal Bolsa Corporation to the State of California, recorded in Book 10855 Official Records Page 531, Orange County Records. PARCEL 2 All those lands as described as Exhibit B, Parcel 3 of that corporation deed recorded August 17, 1973 from. Signal Bolsa Corporation, Signal Properties Inc. and Signal Oil and Gas Company to the State of California, recorded in Book 10855 Official Records Page 354, Orange County Records. PARCEL 3 Commencing at the southeasterly corner of those lands described in the deed to the City of Huntington Beach recorded April 21, 1971 in Book 9613, Page 233 of Official Records, said point of commencement also being the southeasterly corner of the 1.354 acre parcel shown on the record of survey filed in Book 7, Page 20 of Records of Survey both located in records, of said county thence easterly North 89°51'53" East, 174.36 feet, along the centerline of Warner Avenue (formerly Los Patos Avenue), said centerline being 30 feet northerly of and parallel to the City of Huntington Beach Boundary as shown on the parcel map filed in Book 115, Page 18 of Parcel Maps, of said records; thence southerly at right angles to said centerline South 00°08'07" East, 30.00 feet to the POINT OF BEGINNING, of this description said POINT OF BEGINNING being a point along the southerly line of Warner Avenue; thence continuing southerly entering the unincorporated territory of the County of Orange South 00°08'07" East, 12.50 feet to a line parallel with and 12.50 feet southerly of said southerly line; thence easterly along said parallel line North 89°51'53" East, 46.00 feet; thence northerly at right angles to said parallel line North 00°08'07" West 12.50 feet to said southerly line of Warner Avenue; thence westerly along said southerly line South 89°51'53" West, 46.00 feet to the POINT OF BEGINNING. END OF DESCRIPTION PREPARED 3/20/13 BY THE CALIFORNIA STATE LANDS COMMISSION BOUNDARY UNIT Exhibit B: Mitigation Monitoring Program Potential Impact Mitigati on IVlaasure Agency Responsible Timing Impacts G-1. Prior to the approval of project plans and specifications, the City City of Huntington Prior to project related to shall confirm that the recommendations included in the Beach approval. potential Geotechnical Report for Sewer Lift Station Replacement Project, seismic Warner Avenue Gravity Sewer Lift Station C Warner Avenue at ground Pacific Coast Highway, Huntington Beach, California (AESCO, shaking. January 23, 2012) have been incorporated into the project during final design. Impacts HM-1. Prior to construction of the proposed project, the contractor shall City of Huntington Prior to related to prepare and submit to the City for review, a site -specific Health and Beach construction potentially Safety Plan to address the handling of impacted groundwater and contaminated soil encountered during project construction. The Health and Safety soils and Plan shall include at a minimum: groundwater. • List of key personnel and description of responsibilities; • The use of appropriately 40-hour Hazardous Waste Operations and Emergency Response trained operators and workers; • Notification of sub -contractors of the requirements set forth herein; • Hazard evaluation including physical and chemical hazards for all activities anticipated to be conducted in the vicinity of the intersection of Warner Avenue and Pacific Coast Highway; • Site control program including work zone, decontamination procedures and standard operating procedures; • Description of personal protective equipment (PPE); • Emergency response plan; • Applicable action levels; and • Job task safety analysis. Breathing zone photo -ionization detector readings shall be taken and readings shall be recorded in a field log. Based on previous investigations, Level D will be the required PPE worn by all field personnel within the exclusion zone. Any emergencies encountered during the field investigation will be addressed and documented December 2012 Warner Avenue Sewer Lift Station Project MND Potential e I Impact Measure ........._.. Agency Y Responsible. sible TimingVitigation accordingly. HM-2. Extraction and treatment of groundwater during project construction City of Huntington During project activities shall be performed in accordance with the Beach and construction. recommendations of the Geotechnical Report, specifically: Under SARWQCB the general permit from the Santa Ana Regional Water Quality Control Board, methyl tert-butyl ether (MTBE) is listed as a constituent of concern to be monitored with discharge limits not to exceed a 26.1 microgram (ug)/1 maximum daily limit, and a 13 ug/1 monthly average limit. If other containments are detected, the discharge limits will be adjusted accordingly. Should De Minimus permit groundwater sampling activities indicate a sustained level of MTBE above the 13 ug/1 monitoring limit, discharge activities will need to be reevaluated and may need to cease under the direction of the Executive Director and an alternative permitting and discharge structure pursued. In addition to monitoring, the General National Pollutant Discharge Elimination System (NPDES) permit allows for on -site treatment of extracted groundwater to meet discharge limits. Typically, MTBE impacted groundwater is treated with granular activated carbon (GAC), biologically enhanced GAC, air stripping, chemical oxidation, and/or any combination of the aforementioned technologies, depending on levels of MTBE and extracted volume and flow rates. Alternatively, groundwater may be containerized pending sampling and disposal, if necessary. All containers shall be properly sealed to prevent leaks. Emergency response and cleanup equipment shall be available in the event of a release from the primary containment unit. If off -site transportation of water is conducted, manifests shall be completed and shall accompany each shipment that leaves the site. The General NPDES Permit allows for flexibility in discharge structure and monitoring frequency. Should any of the monitoring events for a specific constituent show effluent concentrations above the effluent limit, the frequency of monitoring for that constituent shall be Exhibit 8: Mitigation Monitoring Program Potential Impact Mitigation Measure Agency Responsible -:.Timing increased to weekly or daily as directed by the Executive Officer. HM-3. Excavation and treatment of potentially impacted soil during City of Huntington During project project construction activities shall be performed in accordance Beach construction. with the recommendations of the Geotechnical Report, specifically: Excavated soil shall be monitored (screened in the field using a handheld device such as a photoionization detector, and sampled for analysis by a laboratory) to determine the presence of fuel hydrocarbons and fuel oxygenates. Soils that are potentially impacted with fuel hydrocarbons or fuel oxygenates shall be containerized pending characterization. Optionally, soil sampling and laboratory analysis may be conducted in the area of excavation prior to excavation as a preemptive measure to pre -profile the soil. However, this option should not be taken as a replacement for monitoring and sampling during excavation activities. An operation plan shall be prepared and shall include a description of soil characterization, handling, storage, and disposition procedures. The Contractor shall be responsible for loading and transporting to a treatment or disposal facility that is acceptable to the City, including the decontamination of all trucks and equipment prior to leaving the site. The Contractor shall maintain all roads traveled free from all soil and debris. Waste disposal manifests shall be completed by the Contractor and shall accompany each shipment of soil that leaves the site. All loads shall be covered to prevent dust and spill loss during transport. The Contractor shall provide a summary report of the soil disposition including copies of manifests, scale tickets, and treatment or disposal certificates. The Contractor shall conduct waste transportation operations in accordance with Federal and State. Department of Transportation requirements. This includes, but is not limited to, covering loads and adhering to weight limits. Impacts T-1 Prior to construction of the proposed project, the contractor shall City of Huntington Prior to related to flow provide a traffic control plan that provides safe detours around Beach construction. of construction activity and provide temporary traffic control (i.e., flag traffic. person) during concrete transport and other construction -related truck hauling activities. December 2012 Warner Avenue Sewer Lift Station Project MND Potential Impact Mitigation Measure . Agency Responsible Timing Impacts B-1 Prior to the start of construction, pre -construction surveys for City of Huntington Prior to related to Coulter's saltbush, Davidson's saltscale, southern tarplant, salt Beach in construction special marsh bird's -beak, Coulter's goldfields, Leopold's rush, estuary consultation with status plants. seablite, and woolly seablite shall be conducted. If any of these CDFG and USFWS plants are found near the construction limits, a buffer shall be established by a qualified biologist around these plants to avoid any impacts. Construction personnel will be notified to avoid the area and a qualified biologist will monitor the area. B-2 Prior to the start of construction, the City shall ensure that a City of Huntington Prior to qualified biologist implement a transplantation and salvage plan Beach in construction (i.e., plant/seed material) for the woolly seablite, estuary seablite, consultation with and Leopold's rush, which have been observed within areas of CDFG and USFWS potential disturbance. Transplantation of these plants shall occur at the Bolsa Chica Wetlands in coordination with Bolsa Chica Conservancy staff, and the additional propagation of salvaged material shall be performed to ensure each plant's survival. Individual planting of these species may also be required should transplantation or propagation be unsuccessful. Impacts B-3 Should construction activities be required during the bird breeding City of Huntington Prior to related to season (i.e., February 15 to July 31), a focused survey for Beach in construction special Belding's Savannah Sparrow (BSS) shall be conducted no more consultation with than one week prior to construction activity within 200 feet of CDFG status wildlife southern coastal salt marsh habitat. and nesting If no presence of BSS is observed within 200 feet of proposed birds subject construction activities, work may commence. Should this to the construction activity (within 200 feet of southern coastal salt Migratory Bird marsh habitat) cease for a period of one week or longer, an Treaty Act. additional focused survey for BSS shall be conducted prior to recommencement of construction. If surveys determine that BSS are present within 200 feet of proposed construction activity, consultation with the California Department of Fish and Game shall be initiated prior to any construction activity. Additionally, should. removal of the five palm trees be required between February 15 and July 31, pre -construction nesting surveys Exhibit B: Mitigation Monitoring Program Potential ,,, ° Impact',..'Responsible Mitigation Measure.., Agency Timing shall be conducted to determine the presence of any nesting bird species. These surveys should occur no more than 72 hours prior to tree removal. If no nests are observed, tree removal may commence. However, if an active nest is located, the site will be marked and avoided. Once the young from active nests have fledged, tree removal may commence. Surveys shall be conducted by a qualified biologist and a memorandum of the findings shall be submitted to the City. Impacts A-1 Prior to the approval of project plans and specifications, the City City of Huntington Prior to project related to light shall confirm that the project specifications ensure that all lighting Beach approval. and glare. associated with the proposed project would be shielded or focused downward to comply with City requirements. Impacts C-1 The construction contractor shall use archaeological and Native City of Huntington During project related to American monitoring during all ground disturbing activities, Beach in construction. archaeological including, but not limited to, trenching, boring, and grading. consultation with resources. NAHC C-2 Archaeological monitoring shall include inspection of soils to City of Huntington During project determine if cultural materials are present. Archaeological Beach in construction. monitors shall follow earth -moving equipment and examine consultation with excavated sediments and excavation sidewalls for evidence of NAHC archaeological resources. The archaeological monitor shall have the authority to re -direct construction equipment in the event potential archaeological resources are encountered. In the event archaeological resources are encountered, work in the vicinity of the discovery shall halt until appropriate treatment of the resource is determined by a qualified archaeologist in accordance with the provisions of CEQA Section 15064.5. C-3 In the laboratory, all artifacts shall be, identified, inventoried, and a City of Huntington During project determination of significance made. All cultural resource material Beach in construction. shall then be transferred to an approved archaeological repository consultation with accompanied by a copy of the final monitoring report and all data NAHC in hard and electronic copy. The cost of curation, maintenance, and permanent storage of archaeological materials is assessed by the repository. December 2012 Warner Avenue Sewer Lift Station Project MND Potential, Impact , Mitigation Measure Agency Responsible Timing C-4 A final monitoring report shall be prepared that will include, but City of Huntington Post -construction not be limited to, a discussion of the results of the monitoring, an Beach evaluation and analysis of the materials collected, an itemized catalog of artifacts collected, an appendix of curation agreements and other appropriate communications, and a discussion of the project -specific monitoring plan. This report shall be filed with the South Central Coastal Information Center, California State Fullerton upon completion of monitoring and analysis of materials recovered (if any). C-5 The construction contractor shall use paleontological monitoring City of Huntington During project during all ground disturbing activities occurring at a depth of Beach construction. below 5 feet from the road or ground surface. Monitoring shall be conducted during all ground disturbing activities including, but not limited to, trenching, boring, and grading below 5 feet in depth. C-6 Paleontological monitoring shall include inspection of exposed rock City of Huntington During project units and microscopic examination of matrix to determine if fossils Beach construction. are present. Paleontological monitors shall follow earth -moving equipment and examine excavated sediments and excavation sidewalls for evidence of significant paleontological resources. The monitor shall have the authority to re -direct construction equipment in the event potential paleontological resources are encountered. In the event fossil remains are encountered, work in the vicinity of the discovery shall halt until appropriate treatment of the resource is determined by a qualified paleontologist in accordance with the provisions of CEQA Section 15064.5. All efforts to avoid delays to project schedules shall be made. C-7 In the laboratory, all fossils shall be prepared, identified, City of Huntington During project inventoried, and a determination of significance made. Specimen Beach construction. preparation and stabilization methods would be recorded for use by the paleontological repository. All fossil specimens shall then be transferred to a public museum or other approved paleontological repository accompanied by a copy of the final paleontological monitoring report and all data in hard and electronic copy. The cost of curation, maintenance, and permanent storage of fossilspecimens is generally assessed b Exhibit 8: Mitigation Monitoring Program Potential Mitigation Measure ge Ancy .. Timing Impact Responsible the repository. C-8 The final paleontological monitoring report shall be prepared that City of Huntington Post -construction will include, but not be limited to, "a discussion of the results of the Beach monitoring, an evaluation and analysis of the fossils collected (including an assessment of their significance, age, and geologic context), an itemized inventory of fossils collected, a confidential appendix of locality and specimen data with locality maps and photographs, an appendix of curation agreements and other appropriate communications, and a discussion of the project - specific paleontological monitoring plan. C-9 In the event human remains are encountered during construction City of Huntington During project activities, all excavation or disturbance in the area within the Beach in construction. vicinity of the remains shall halt in accordance with Health and consultation with Safety Code §7050.5, Public Resources Code §5097.98 and NAHC 5097.94, and §15064.5 of the CEQA Guidelines and the Orange County Coroner shall be contacted. Within 24 hours of notification, the coroner will call the Native American Heritage Commission (NAHC) if the remains are thought to be Native American. If the remains are deemed Native American in origin, the NAHC immediately designates a person or persons it believes to be the most likely descended from the deceased (Most Likely Descendent) pursuant to Public Resources Code §5097.98 and CCR §15064.5. The Most Likely Descendent will then recommend means for treating and disposing with appropriate dignity the human remains and associated items. Agency Abbreviations: CDFG = California Department of Fish and Game; NAHC = Native American Heritage Commission; SARWQCB = Santa Ana Regional Water Quality Control Board; USFWS = U.S. Fish and Wildlife Service December 2012 Warner Avenue Sewer Lift Station Project MND �k Dept. ID ED 13-14 Page 1 of 2 Meeting Date: 6/17/2013 �1dvc,4 -7` -0 , CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION MEETING DATE: 6/17/2013 SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Fred A. Wilson, City Manager PREPARED BY: Bob Hall, Assistant City Manager Travis Hopkins, Director of Public Works SUBJECT: Abandonment Agreement and Lease Agreement with the California State Lands Commission for a portion of State-owned land adjacent to Warner Avenue Statement of Issue: The construction of portions of a sewer line in Pacific Coast Highway (PCH) and Warner Avenue requires the abandonment of a sewer lift station, three manholes, and the construction and future maintenance of sewer pipelines that are within the jurisdiction of the California State Lands Commission. The City Council is requested to approve an Abandonment Agreement and Lease Agreement with the California State Lands Commission for the portion of State-owned land adjacent to Warner Avenue within the boundary of the Bolsa Chica Ecological t Reserve. Financial Impact: None. The Lease Agreement is a zero -rent lease. Recommended Action: A) Approve and authorize the Mayor to execute the "Abandonment Agreement (Lease No. PRC 8738.9 & 5769.1)" between the City of Huntington Beach and the California State Lands Commission for the removal and abandonment of an existing City sewer lift station and three sewer manholes; and, B) Approve and authorize the Mayor to execute the "Lease Agreement W26638" between the City of Huntington Beach and the California State Lands Commission for the construction, use, and maintenance of a 12-inch diameter sewer force main and two 6-inch diameter sewer laterals; and the continued use and maintenance of the existing Warner Avenue Bridge and 14-inch diameter water pipeline. Alternative Action(s): Do not approve the Abandonment and Lease Agreements and direct staff to negotiate alternative abandonment and/or lease terms with the State Lands Commission. Item 8. - 1 HB -110- Dept. ID ED 13-14 Page 2 of 2 Meeting Date: 6/17/2013 Analysis: The City proposes to construct a sewer system along Warner Avenue between PCH and Brightwater Drive. The project, known as the Warner Avenue Gravity Sewer (WAGS) and Lift Station "C" Replacement Project, proposes a gravity sewer to convey flow from the existing Lift Station "B", and the existing Sunset Beach Lift Station, to the proposed new Lift Station "C." The proposed force main from the new Lift Station "C" will convey pumped flow up and along the bridge on Warner Avenue just east of PCH. Sections of the forced main will be located on State-owned lands. Once passed the bridge, the flow will be conveyed by a newly constructed gravity sewer, to the existing Lift Station "D," located at Warner Avenue and Brightwater Drive. On May 15, 2013, the Public Works Commission reviewed and recommended approval of the proposed WAGS and Lift Station "C" Replacement Project. The project is expected to commence by early Fall of this year. As sections of the proposed force main will be located on State-owned lands, the City must obtain an Abandonment Agreement and Lease Agreement from the California State Lands Commission. The Abandonment Agreement is for the removal and abandonment of an existing City sewer lift station and three sewer manholes. The Lease Agreement is for the construction, use, and maintenance of a 12-inch diameter sewer force main and two 6-inch diameter sewer laterals; and the continued use and maintenance of the existing Warner Avenue Bridge and 14-inch diameter water pipeline. The State Lands Commission has agreed to enter into an Abandonment Agreement that terminates two existing leases (PRC 8738.9 and PRC 5769.1) whereby the Lessor is the State of California and the Lessee is the City. The leases were authorized by State Lands Commission on December 14, 2006 and December 20, 1979, respectively. The termination of the existing lease agreements is needed as part of the removal and abandonment of an existing City sewer lift station currently located on State property. State Lands Commission has agreed to enter into a zero -rent, 20-year term lease, beginning April 26, 2013, and ending April 25, 2033, allowing the placement of City improvements. The lease area encompasses the southern half width of Warner Avenue, from Pacific Coast Highway to the east, approximately 1060 feet. The lease specifies that construction begin by September 3, 2013, and be completed by November 4, 2014. The Abandonment and Lease Agreements were prepared by the State Lands Commission and have been reviewed and approved as to form by the City Attorney. Authorization is requested to allow the Mayor to execute both agreements on behalf of the City. Environmental Status: On September 5, 2012, Mitigated Negative Declaration #12-02 (Warner Avenue Sewer Lift Station Project) was approved by the Zoning Administrator. Strategic Plan Goal: Improve the City's infrastructure Attachment(s): 1. Location Map 2. Abandonment Agreement (Lease No. PRC 8738.9 & 5769.1) between the City of Huntington Beach and the California State Lands Commission 3. Lease Agreement W26638 between the City of Huntington Beach and the California State Lands Commission HB -111 _ Item 8. - 2 ATTACHMENT #1 Item 8. - 3 HB -112- ATTACHMENT #2 Item 8. - 5 H B -114- RECORDED AT THE REQUEST OF AND WHEN RECORDED MAIL TO: STATE OF CALIFORNIA California State Lands Commission Attn: Title Unit 100 Howe Avenue, Suite 100-South Sacramento, CA 95825-8202 STATE OF CALIFORNIA OFFICIAL BUSINESS Document entitled to free recordation pursuant to Government Code Section 27383 County: Orange SPACE ABOVE THIS LINE FOR RECORDERS USE ABANDONMENT AGREEMENT LEASE NO. PRC 8738.9 & 5769.1 WHEREAS, the State of California, acting by and through the State Lands Commission, as Lessor, and the City of Huntington Beach, as Lessee, made and entered into lease agreements, designated as lease PRC 8738.9 and PRC 5769.9, authorized by Lessor on December 14., 2006 and December 20, 1979, respectively, and WHEREAS, the leased lands cover certain sovereign lands, hereinafter Premises, located in and adjacent to Warner Avenue, city of Huntington Beach, Orange County; VVI] EREAS, under PRC 5769.9 the Premises were authorized for the Warner Avenue Bridge; and WHEREAS, under PRC 8738.9, the Premises were authorized for the construction, use and maintenance of a 24-inch diameter sewer pipeline, which was never constructed; and WHEREAS, effective April 26, 2013 the LESSOR rescinded the December 14, 2006 authorization of a General Lease — Public Agency Use, PRC 8738.9 to the LESSEE; and WHEREAS, effective April 26, 2013 the LESSOR terminated the General Lease — Public Agency Use, PRC 5769.9, issued to LESSEE; and WHEREAS, LESSEE has requested LESSOR's authorization to remove and abandon an existing sewer lift station and three sewer manholes. The lift station and manholes will be removed 5 feet below grade and backfilled with cement slurry mix. In addition, an existing 8-inch diameter sewer force main, 8-inch diameter sewer pipeline , 10-inch diameter vitrified clay sewer pipeline, 12-inch diameter vitrified clay sewer pipeline, 6-inch diameter PVC sewer pipeline with a 12-inch diameter casing will be abandoned in place. All pipelines will be abandoned in place and filled with a cement slurry mix. The existing 8-inch diameter sewer force main on the north side of the Warner Avenue Bridge will be removed. There is also an already abandoned 6-inch diameter sewer pipeline and 8-inch diameter sewer pipeline. These already abandoned pipelines are included in this Abandonment Agreement. All abandoned facilities are described in Exhibit A; and NOW THEREFORE, the parties agree as follows: 1. The LESSEE agrees to respond in a responsible and timely manner to any claims arising from the abandonment of the pipelines and associated structures and shall give prompt notice to the LESSOR of any accident, injury, casualty, or claim arising out of or connected in any way with the abandoned pipeline and associated structures. 2. The LESSEE shall, at no cost to the LESSOR, remove all or any portion of the improvements abandoned in place if the improvements are ever determined by the LESSOR to be adverse to the public interest. The LESSEE shall observe all rules and regulations of any agency(ies) having jurisdiction in the area of the abandoned improvements. Upon notice from the LESSOR that the abandoned improvements are adverse to the public interest, the LESSEE shall have 90 days, following the issuance of all necessary permits, to complete removal of such improvements, unless otherwise extended by the LESSOR. In consideration of the LESSEE being allowed to abandon certain improvements in place, the State shall not be liable and the LESSEE shall indemnify, hold harmless and, at the option of the State, defend the State, its officers, agents, and employees against and for any and all liability, claims, damages or injuries of any kind or from any cause whatsoever arising out of or in any way from the subject matter of this agreement, except for any liability, claims, damages, or injuries arising out of subsequent alterations to or near the abandoned improvements permitted by the LESSOR. This provision shall not be deemed to be a waiver of any sovereign immunity or notice of claim of defense that may be available to the State in any causes of action. 4. LESSEE acknowledges and agrees: a) The site may be subject to hazards from natural geophysical phenomena including, but not limited to waves, storm waves, tsunamis, earthquakes, flooding, and erosion. b) To assume the risks to LESSEE and to the property that is the subject of this Agreement, of injury and damage from such hazards in connection with the permitted development and use. c) To unconditionally waive any claim or damage or liability against the State of California, its. agencies, officers, agents, and employees for injury or damage from such hazards. d) To indemnify, hold harmless, at the option of the State, defend the State of California, its agencies, officers, agents, and employees against and for any and all liability, claims, demands, damages, injuries or costs of any kind and from any cause (including costs and fees incurred in defense of such claims), expenses, and amounts paid in settlement arising from any alleged or actual injury, damage or claim due to .site hazards or connected in any way with respect to the approval of this Agreement. 5. LESSEE shall comply with and be bound by all presently existing or subsequently enacted rules, regulations, statutes or ordinances of the LESSOR or any other governmental agency or entity having lawful authority and jurisdiction. 6. The terms of this Agreement shall extend to, be binding upon, and inure to the heirs, executors, administrators, successors, and assigns of the respective parties hereto. This Agreement will become binding on the State only when duly executed on behalf of the State Lands Commission of the State of California. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date hereinafter affixed. City of Huntington Beach l By: vc"V ,t--� &M1Ww-- Mayor INITIATED AND APPRO ED: By: Director of Publicl Works APPROVED AS TO FORM:,. By: 0 "'Ck U .4. "J City Attorney W/. REVIE APPROVED: By: � anager In Title: State of California State Lands Commission In executing this Agreement the following is required: 1. A certified copy of the resolution or other document authorizing the execution of this Agreement on behalf of the City of Huntington Beach. ACKNOWLEDGMENT STATE OF CALIFORNIA ) ) ss COUNTY OF ORANGE ) On June 19, 2013 before me, P. L. Esparza, Notary Public, personally appeared Connie Boardman who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her authorized capacity, and that by her signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. P. L. ESPARZA • Commission # 1857021 WITNESS my hand and official seal. Y Notary Public - California z ' Orange County 7]� • My Comm. Expires Aug 4, 2013 (Seal) (Notary Signat ) PRC 8738.9 EXHIBIT A PRC 5769.9 W 26638 LAND DESCRIPTION Three parcels of State-owned lands in the unincorporated territory of the County of Orange, State of California, and more particularly described as follows: PARCEL 'I (formerly PRC 8738) The northerly thirty (30) feet of that certain parcel described as Exhibit 1, Part 3 of that corporationquitclaim deed recorded August 17, 1973 from Signal Bolsa Corporation to the State of California, recorded in Book 10855 Official Records Page 531, Orange County Records. PARCEL 2 All those lands as described as Exhibit B, Parcel 3 of that corporation deed recorded August 17, 1973 from Signal Bolsa Corporation, Signal Properties Inc. and Signal Oil and Gas Company to the State of California, recorded in Book 10855 Official Records Page 354, Orange County Records. PARCEL 3 Commencing at the southeasterly corner of those lands described in the deed to the City of Huntington Beach recorded April 21, 1971 in Book 9613, Page 233 of Official Records, said point of commencement also being the southeasterly corner of the 1,354 acre parcel shown on the record of survey filed in Book 7, Page 20 of Records of Survey both located in records, of said county thence easterly North 89'51'53" East, 174.36 feet, along the centerline of Warner Avenue (formerly Los Patos Avenue), said centerline being 30 feet northerly of and parallel to the City of Huntington Beach Boundary as shown on the parcel map filed in Book 115, Page 18 of Parcel daps, of said records; thence southerly at right angles to said centerline South 00'08'07" East, 30_00 feet to the POINT OF BEGINNING, of this description said POINT OF BEGINNING being a point along the southerly line of Warner Avenue; thence continuing southerly entering the unincorporated territory of the County of grange South 00"08'07" East; 12.50 feet to a line parallel with and 12.50 feet southerly of said southerly line; thence easterly along said parallel line North.89`5'1'53" East, 46.00 feet; thence northerly at right angles to said parallel line North 00'08'07"'Nest 12.50 feet to said southerly line of Warner Avenue; thence westerly along said southerly line South 89°S1'53" West, 46.00 feet to the POINT OF BEGINNING. END OF DESCRIPTION PREPARED 120113 BY THE CALIFORNIA STATE LANDS COMMISSION BOUNDARY UNIT ICI ATTACHMENT RECORDED AT THE REQUEST OF AND WHEN RECORDED MAIL TO: STATE OF CALIFORNIA California State Lands Commission Attn: Title Unit 100 Howe Avenue, Suite 100-South Sacramento, CA 95825-8202 STATE OF CALIFORNIA OFFICIAL BUSINESS Document entitled to free recordation pursuant to Government Code Section 27383 County: Orange SPACE ABOVE THIS LINE FOR RECORDERS USE W 26638 LEASE No. PRC This Lease consists of this summary and the following attached and incorporated parts: Section 1 Basic Provisions Section 2 Special Provisions Amending or Supplementing Section 1 or 3 Section 3 General Provisions Exhibit A Description of Lease Premises Exhibit B Mitigation Monitoring Program SECTION 1 BASIC PROVISIONS THE STATE OF CALIFORNIA, hereinafter referred to as Lessor acting by and through the CALIFORNIA STATE LANDS COMMISSION (100 Howe Avenue, Suite 100-South, Sacramento, California 95825-8202), pursuant to Division 6 of the Public Resources Code and Title 2, Division 3 of the California Code of Regulations, and for consideration specified in this Lease, does hereby lease, demise, and let to the City of Huntington Beach, hereinafter referred to as Lessee, those certain lands described in Exhibit A thereafter referred to as Leased Premises subject to the reservations, terms, covenants, and conditions of this Lease. MAILING ADDRESS: City of Huntington Beach P.O. Box 190 Huntington Beach, CA 92649 LEASE TYPE: General Lease — Public Agency Use LAND TYPE: Sovereign LOCATION: Within and adjacent to Warner Avenue, city of Huntington Beach, Orange County, as described in Exhibit A attached and by reference made a part hereof. LAND USE OR PURPOSE: Construction, use and maintenance of a 12-inch diameter sewer force main and two 6-inch diameter sewer laterals and the continued use and maintenance of the existing Warner Avenue Bridge and 14-inch diameter water pipeline. TERM: 20 years; beginning April 26, 2013; ending April 25, 2033, unless sooner terminated as provided under this Lease. CONSIDERATION: The public use and benefit; with the State reserving the right at any time to set a monetary rent if the Commission finds such action to be in the State's best interest. Subject to modification by Lessor as specified in Paragraph 2(b) of Section 3 - General Provisions. AUTHORIZED IMPROVEMENTS: X EXISTING: Warner Avenue Bridge and 14-inch diameter water pipeline. X_ TO BE CONSTRUCTED: 12-inch diameter sewer force main and two 6-inch diameter sewer laterals. CONSTRUCTION MUST BEGIN BY: September 3, 2013 AND BE COMPLETED BY: November 4, 2014 LIABILITY INSURANCE: N/A SURETY BOND OR OTHER SECURITY: N/A SECTION 2 SPECIAL PROVISIONS BEFORE THE EXECUTION OF THIS LEASE, ITS PROVISIONS ARE AMENDED, REVISED, OR SUPPLEMENTED AS FOLLOWS: All personal property, tools, or equipment taken onto or placed upon the Lease Premises shall remain the personal property of the Lessee or its contractor. Such personal property shall be promptly removed by the Lessee, at its sole risk and expense upon the completion of the project. Lessor does not accept any responsibility for any damage, including damages to any personal, property, including any equipment, tools, or machinery on the Lease Premises, 2. No refueling, repairs, or maintenance of vehicles or equipment will take place on the Lease Premises or on lands subject to Lessor's jurisdiction. 3. Lessee shall not add or permit any additional improvements to be placed on the Lease Premises without Lessor's consent. 4. Lessee agrees to obtain and provide at its expense and at the Lessor's request any information or analysis which may be reasonably necessary or beneficial to the Lessor to make a determination of whether to remove any improvements or any portion thereof. 5. At least 60 days prior to construction, the Lessee shall provide to Lessor: a. A final set of engineering design drawings as issued for construction, certified by a California registered Civil/Structural Engineer with a wet stamp and signature. The drawings are to provide information including but not limited to normal and maximum allowable operating pressures, normal and maximum flow rates, hydrotest information, cathodic protection (CP) information, etc. The drawings also need to delineate the Lessor's boundaries. b. A final set of construction contract specifications. c. Details of all proposed inspection tests and procedures to be employed during construction for project quality assurance and control, including weld procedure specifications and welder qualification testing. d. For the existing 8-inch diameter sewer forcemain on the northern side of the Warner Avenue Bridge, provide details of removal and capping procedures including any containment provisions to prevent any spills into the waterway. e. A construction contractor's work execution plan providing details of manpower,. equipment, construction methods and procedures to be employed for each significant work activity, safety procedures etc. f. A project specific hazardous spill contingency plan, with specific designation of the onsite person who will have responsibility for implementing the plan. g. A construction schedule time line chart showing all significant work activities during the course of project. h. Copies of the permits from all other involved agencies. i. A post construction sewer pipeline routine operation, inspection, and maintenance program for all facilities within the Lease Premises. 6. The project shall be constructed meeting the recommendations of the Geotechnical Report prepared by AESCO dated January 23, 2012. Any deviations from the Geotechnical Report recommendations shall be approved by the project Geotechnical Engineer. These deviations shall be documented and certified by a California registered Geotechnical Engineer and a copy shall be submitted to the Lessor. 7. Within 60 days of the project completion, Lessee shall provide to Lessor: a. A set of "as built" construction drawings, certified by a California registered Civil/Structural Engineer, showing all design changes or other amendments to the construction as originally approved. In addition, the existing 14-inch water pipeline shall also be shown in the "as built" drawings (both plan and profile). b. Certified copies of pipeline welding inspection records. c. Certified copies of all completed pipeline integrity test results (hydrotests, gauging runs etc.) including copies of any failed test results with an explanation of the reason for failure. d. A post construction written narrative report confirming completion of the project with discussion of any significant field changes or other modifications to the approved design or execution plan, and providing details of any extraordinary occurrences such as spill incidents, accidents involving serious injury or loss of life etc. 8. All future repairs or structural modifications to any part of the facility within the Lease Premises will require prior review and approval of Commission staff. In the event of an urgent repair requiring immediate action, staff may be contacted at the Commission's 24 hour emergency notification number (562) 590-5201. 9. Lessee shall maintain and operate all pipelines/facilities within the Lease Premises per applicable regulations and current industry standards. 10. Lessee agrees to submit no later than two years prior to the expiration of this Lease either: (a) an application and minimum expense deposit for a new lease for the continued use of the Lease Premises, or (b) a plan for the restoration of the Lease Premises to be completed prior to the expiration of the lease term pursuant to Paragraph 12 of Section 3, General Provisions, of this Lease. Failure to submit the application and minimum expense deposit or the restoration plan shall be deemed a default of the Lease under Paragraph I I (b) of Section 3, General Provisions, of this Lease. 11. Lessee acknowledges and agrees: a. The site may be subject to hazards from natural geophysical phenomena including, but not limited to, waves, storm waves, tsunamis, earthquakes, erosion, flooding, and sea level rise. b. To assume the risks to the Lessee and to the property that is the subject of any CDP that is issued to Lessee for development on the Leased Premises, of injury and damage from such hazards in connection with the permitted development and use. c. To unconditionally waive any claim or damage or liability against the State of California, its agencies, officers, agents, and employees for injury or damage from such hazards. d. In addition to Section 3, Paragraph 7 "Indemnity" and with regard to the California Coastal Commission and the Costal Development Permit: To indemnify, hold harmless and, at the option of the California Coastal Commission, defend the State of California, its agencies, officers, agents, and employees, against and for any and all liability, claims, demands, damages, injuries, or costs of any kind and from any cause (including costs and fees incurred in defense of such claims), expenses, and amounts paid in settlement arising from any alleged or actual injury, damage or claim due to site hazards or connected in any way with respect to the approval of any CDP involving this property or issuance of this Lease, any new lease, renewal, amendment, or assignment by Lessor. In the event of any conflict between the provisions of Section 2 and Section 3 of this Lease, the provisions of Section 2 shall prevail. / 'SECTION 3 GENERAL PROVISIONS 1. GENERAL These provisions are applicable to all leases, permits, rights - of -way, easements, or licenses or other interests in real property conveyed by the State Lands Commission. CONSIDERATION (a) Categories (1) Rental Lessee shall pay the annual rental as stated in this Lease to Lessor without deduction, delay, or offset, on or before the beginning date of this Lease and on or before each anniversary of its beginning date during each year of the Lease term. (2) Non -Monetary Consideration If the consideration to Lessor for this Lease is the public use, benefit, health, or safety, Lessor shall have the right to review such consideration at any time and set a monetary rental if the State Lands Commission, at its sole discretion, determines that such action is in the best interest of the State. (b) Modification Lessor may modify the method, amount, or rate of consideration effective on each fifth anniversary of the beginning date of this Lease. Should Lessor fail to exercise such right effective on any fifth anniversary it may do so effective on any one (1) of the next four (4) anniversaries following such fifth anniversary, without prejudice to its right to effect such modification on the next or any succeeding fifth anniversary. No such modification shall become effective unless Lessee is given at least thirty (30) days notice prior to the effective date. (c) Penalty and Interest Any installments of rental accruing under this Lease not paid when due shall be subject to a penalty and shall bear interest as specified in Public Resources Code Section 6224 and the Lessor's then existing administrative regulations governing penalty and interest. 3. BOUNDARIES This Lease is not intended to establish the State's boundaries and is made without prejudice to either party regarding any boundary claims which may be asserted presently or in the future. 4. LAND USE (a) General Lessee shall use the Lease Premises only for the purpose or purposes stated in this Lease and only for the operation and maintenance of the improvements expressly authorized in this Lease. Lessee shall commence use of the Lease Premises within ninety (90) days of the beginning date of this Lease or within ninety (90) days of the date set for construction to commence as set forth in this Lease, whichever is later. Lessee shall notify Lessor within ten (10) days after commencing the construction of authorized improvements and within sixty (60) days after completing them. Lessee's discontinuance of such use for a period of ninety (90) .days shall be conclusively presumed to be an abandonment. (b) Continuous Use Lessee's use of the Lease Premises shall be continuous from commencement of the Lease until its expiration. (c) Repairs and Maintenance Lessee shall, at its own expense, keep and maintain the Lease Premises and all improvements in good order and repair and in safe condition. Lessor shall have no obligation for such repair and maintenance. (d) Additions, Alterations, and Removal (1) Additions - No improvements other than those expressly authorized in this Lease shall be constructed by the Lessee on the Lease Premises without the prior written consent of Lessor. (2) Alteration or Removal - Except as provided under this Lease, no alteration or removal of improvements on or natural features of the Lease Premises shall be undertaken without the prior written consent of Lessor. (e) Conservation Lessee shall practice conservation of water, energy, and other natural resources and shall prevent pollution and harm to the environment. Lessee shall not violate any law or regulation whose purpose is to conserve resources or to protect the environment. Violation of this section shall constitute grounds for termination of the Lease. Lessor, by its executive officer, shall notify Lessee, when in his or her opinion, Lessee has violated the provisions of this section and Lessee shall respond and discontinue the conduct or remedy the condition within 30 days. (f) Toxics Lessee shall not manufacture or generate hazardous wastes on the Lease Premises unless specifically authorized under other terms of this Lease. Lessee shall be fully responsible for any hazardous wastes, substances, or materials as defined under federal, State, or local law, regulation, or ordinance that are manufactured, generated, used, placed, disposed, stored, or transported on the Lease Premises during the Lease term and shall comply with and be bound by all applicable provisions of such federal, State, or local law, regulation or ordinance dealing with such wastes, substances, or materials. Lessee shall notify Lessor and the appropriate governmental emergency response agency(ies) immediately in the event of any release or threatened release of any such wastes, substances, or materials. (g) Enjoyment Subject to the provisions of paragraph 5 (a) (2) below, nothing in this Lease shall preclude Lessee from excluding persons from the Lease Premises when their presence or activity constitutes a material interference with Lessee's use Page 2 and enjoyment of the Lease Premises as provided under this Lease. (h) Discrimination Lessee in its use of the Lease Premises shall not discriminate against any person or class of persons on the basis of race, color, creed, religion, national origin, sex, age, or handicap. (i) Residential Use No portion of the Lease Premises shall be used as a location for a residence or for the purpose of mooring a structure which is used as a residence. For purposes of this Lease, a residence or floating residence includes but is not limited to boats, barges, houseboats, trailers, cabins, or combinations of such facilities or other such structures which provide overnight accommodations to the Lessee or others. RESERVATIONS, ENCUMBRANCES, AND RIGHTS - OF -WAY (a) Reservations (1) Lessor expressly reserves all natural resources in or on the Lease Premises, including but not limited to timber and minerals as defined under Public Resources Code Sections 6401 and 6407, as well as the right to grant leases in and over the Lease Premises for the extraction of such natural resources; however, such leasing shall be neither inconsistent nor incompatible with the rights or privileges of Lessee under this Lease. (2) Lessor expressly reserves a right to go on the Lease Premises and all improvements for any purposes associated with this Lease or for carrying out any function required by law, or the rules, regulations, or management policies of the State Lands Commission. Lessor shall have a right of reasonable access to the Lease Premises across Lessee owned or occupied lands adjacent to the Lease Premises for any purpose associated with this Lease. (3) Lessor expressly reserves to the public an easement for convenient access across the Lease Premises to other State-owned lands located near or adjacent to the Lease Premises and a right of reasonable passage across and along any right-of-way granted by this Lease; however, such easement or right- of - way shall be neither inconsistent nor incompatible with the rights or privileges of Lessee under this Lease. (4) Lessor expressly reserves the right to lease, convey, or encumber the Lease Premises, in whole or in part, during the Lease term for any purpose not inconsistent or incompatible with the rights or privileges of Lessee under this Lease. (b) Encumbrances This Lease may be subject to pre-existing contracts, leases, licenses, easements, encumbrances, and claims and is made without warranty by Lessor of title, condition, or fitness of the land for the stated or intended purpose. 6. RULES, REGULATIONS, AND TAXES (a) Lessee shall comply with and be bound by all presently existing or subsequently enacted rules, regulations, statutes or ordinances of the State Lands Commission or any other governmental agency or entity having lawful authority and jurisdiction. (b) Lessee understands and agrees that a necessary condition for the granting and continued existence of this Lease is that Lessee obtains and maintains all permits or other entitlements. (c) Lessee accepts responsibility for and agrees to pay any and all possessory interest taxes, assessments, user fees or service charges imposed on or associated with the leasehold tn interest, improvements or the Lease Premises, and such payment shall not reduce rental due Lessor under this Lease and Lessor shall have no liability for such payment. INDEMNITY (a) Lessor shall not be liable and Lessee shall indemnify, hold harmless, and, at the option of Lessor, defend Lessor, its officers, agents, and employees against and for any and all liability, claims, damages or injuries of any kind and from any cause, arising out of or connected in any way with the issuance, enjoyment or breach of this Lease or Lessee's use of the Lease Premises except for any such liability, claims, damage or injury solely caused by the negligence of Lessor, its officers, agents and employees. (b) Lessee shall notify Lessor immediately in case of any accident, injury, or casualty on the Lease Premises. INSURANCE (a) Lessee shall obtain and maintain in full force and effect during the term of this Lease comprehensive general liability insurance and property damage insurance, with such coverage and limits as may be reasonably requested by Lessor from time to time, but in no event for less than the sum(s) specified, insuring Lessee and Lessor against any and all claims or liability arising out of the ownership, use, occupancy, condition, or maintenance of the Lease Premises and all improvements. (b) The insurance policy or policies shall name the State of California, its officers, employees and volunteers as insureds as to the Lease Premises and shall identify the Lease by its assigned number. Lessee shall provide Lessor with a certificate of such insurance and shall keep such certificate current. The policy (or endorsement) must provide that the insurer will not cancel the insured's coverage without thirty (30) days prior written notice to Lessor. Lessor will not be responsible for any premiums or other assessments on the Form 51.15 (Rev. 6/06) Page 3 0 policy. The coverage provided by the insured (Lessee) shall be primary and non-contributing. (c) The insurance coverage specified in this Lease shall be in effect at all times during the Lease term and subsequently until all of the Lease Premises have been either accepted as improved, by Lessor, or restored by Lessee as provided elsewhere in this Lease. SURETY BOND (a) Lessee shall provide a surety bond or other security device acceptable to Lessor, for the specified amount, and naming the State of California as the assured, to guarantee to Lessor the faithful observance and performance by Lessee of all of the terms, covenants, and conditions of this Lease. (b) Lessor may require an increase in the amount of the surety bond or other security device to cover any additionally authorized improvements, alterations or purposes and any modification of consideration. (c) The surety bond or other security device shall be maintained in full force and effect at all times during the Lease term and subsequently until all of the Lease Premises have been either accepted as improved, by Lessor, or restored by Lessee as provided elsewhere in this Lease. 10. ASSIGNMENT, ENCUMBRANCING OR SUBLETTING (a) Lessee shall not either voluntarily or by operation of law, assign, transfer, mortgage, pledge, hypothecate or encumber this Lease and shall not sublet the Lease Premises, in whole or in part, or allow any person other than the Lessee's employees, agents, servants and invitees to occupy or use all or any portion of the Lease Premises without the prior written consent of Lessor, which consent shall not be unreasonably withheld. (b) The following shall be deemed to be an assignment or transfer within the meaning of this Lease: (1) If Lessee is a corporation, any dissolution, merger, consolidation or other reorganization of Lessee or sale or other transfer of a percentage of capital stock of Lessee which results in a change of controlling persons, or the sale or other transfer of substantially all the assets of Lessee; (2) If Lessee is a partnership, a transfer of any interest of a general partner, a withdrawal of any general partner from the partnership, or the dissolution of the partnership. (c) If this Lease is for sovereign lands, it shall be appurtenant to adjoining littoral or riparian land and Lessee shall not transfer or assign its ownership interest or use rights in such adjoining lands separately from the leasehold rights granted herein without the prior written consent of Lessor. (d) If Lessee desires to assign, sublet, encumber or otherwise transfer all or any portion of the Lease Premises, Lessee shall do all of the following: (1) Give prior written notice to Lessor, (2) Provide the name and complete business organization and operational structure of the proposed assignee, sublessee, secured third party, or other transferee; and the nature of the use of and interest in the Lease Premises proposed by the assignee, sublessee, secured third party or other transferee. If the proposed assignee, sublessee, or secured third party is a general or limited partnership, or a joint venture, provide a copy of the partnership agreement or joint venture agreement, as applicable; (3) Provide the terms and conditions of the proposed assignment, sublease, or encumbrance or other transfer; (4) Provide audited financial statements for the two most recently completed fiscal years of the proposed assignee, sublessee, secured party or other transferee; and provide pro forma financial statements showing the projected income, expense and financial condition resulting from use of the Lease Premises; and (5) Provide such additional or supplemental information as Lessor may reasonably request concerning the proposed assignee, sublessee, secured party or other transferee. Lessor will evaluate proposed assignees, sublessees, secured third parties and other transferees and grant approval or disapproval according to standards of commercial reasonableness considering the following factors within the context of the proposed use: the proposed party's financial strength and reliability, their business experience and expertise, their personal and business reputation, their managerial and operational skills, their proposed use and projected rental, as well as other relevant factors. (e) Lessor shall have a reasonable period of time from the receipt of all documents and other information required under this provision to grant or deny its approval of the proposed party. (f) Lessee's mortgage or hypothecation of this Lease, if approved by Lessor, shall be subject to terms and conditions found in a separately drafted standard form (Agreement and Consent to Encumbrancing of Lease) available from Lessor upon request. (g) Upon the express written assumption of all obligations and duties under this Lease by an assignee approved by Lessor, the Lessee may be released from all liability under this Lease arising after the effective date of assignment and not associated with Lessee's use, possession or occupation of Form 51.15 (Rev. 6/06) Page 4 or activities on the Lease Premises; except as to any hazardous wastes, substances or materials as defined under federal, state or local law, regulation, or ordinance manufactured, generated, used, placed, disposed, stored or transported on the Lease Premises. (h) If the Lessee files a petition or an order for relief is entered against Lessee, under Chapters 7,9,11 or 13 of the Bankruptcy Code (11 .USC Sect. 101, et seq.) then the trustee or debtor -in -possession must elect to assume or reject this Lease within sixty (60) days after filing of the petition or appointment of the trustee, or the Lease shall be deemed to have been rejected, and Lessor shall be entitled to immediate possession of the Lease Premises. No assumption or assignment of this Lease shall be effective unless it is in writing and unless the trustee or debtor -in - possession has cured all defaults under this Lease (monetary and non -monetary) or has provided Lessor with adequate assurances (1) that within ten (10) days from the date of such assumption or assignment, all monetary defaults under this Lease will be cured; and (2) that within thirty (30) days from the date of such assumption, all non -monetary defaults under this Lease will be cured; and (3) that all provisions of this Lease will be satisfactorily performed in the future. 11. DEFAULT AND REMEDIES (a) Default The occurrence of any one or more of the following events shall immediately and without further notice constitute a default or breach of the Lease by Lessee: (1) Lessee's failure to make any payment of rental, royalty, or other consideration as required under this Lease; (2) Lessee's failure to obtain or maintain liability insurance or a surety bond or other security device as required under this Lease; (3) Lessee's vacation or abandonment of the Lease Premises (including the covenant for continuous use as provided for in paragraph 4) during the Lease term; (4) Lessee's failure to obtain and maintain all necessary governmental permits or other entitlements; (5) Lessee's failure to comply with all applicable provisions of federal, state or local law, regulation or ordinance dealing with. hazardous waste, substances or materials as defined under such law; (6) Lessee's Failure to commence to construct and to complete construction of the improvements authorized by this Lease within the time limits specified in this Lease; and/or (7) Lessee's failure to comply with applicable provisions of federal, State or local laws or ordinances relating to issues of Health and Safety, or whose purpose is to conserve resources or to protect the environment. (b) Lessee's failure to observe or perform any other term, covenant, or condition of this Lease to be observed or performed by the Lessee when such failure shall continue for a period of thirty (30) days after Lessor's giving written notice; however, if the nature of Lessee's default or breach under this paragraph is such that more than thirty (30) days are reasonably required for its cure, then Lessee shall not be deemed to be in default or breach if Lessee commences such cure within such thirty (30) day period and diligently proceeds with such cure to completion. (c) Remedies In the event of a default or breach by Lessee and Lessee's failure to cure such default or breach, Lessor may at any time and with or without notice do any one or more of the following: (1) Re-enter the Lease Premises, remove all persons and property, and repossess and enjoy such premises; (2) Terminate this Lease and Lessee's right of possession of the Lease Premises. Such termination shall be effective upon Lessor's giving written notice and upon receipt of such notice, Lessee shall immediately surrender possession of the Lease Premises to Lessor; (3) Maintain this Lease in full force and effect and recover any rental, royalty, or other consideration as it becomes due without terminating Lessee's right of possession regardless of whether Lessee shall have abandoned the Lease Premises; and/or (4) Exercise any other right or remedy which Lessor may have at law or equity. 12. RESTORATION OF LEASE PREMISES (a) Upon expiration or sooner termination of this Lease, Lessor upon written notice may take title to any or all improvements, including fills, or Lessor may require Lessee to remove all or any such improvements at its sole expense and risk; or Lessor may itself remove or have removed all or any portion of such improvements at Lessee's sole expense. Lessee shall deliver to Lessor such documentation as may be necessary to convey title to such improvements to Lessor free and clear of any liens, mortgages, loans or any other encumbrances. (b) In removing any such improvements Lessee shall restore the Lease Premises as nearly as possible to the conditions existing prior to their installation or construction. Form 51.15 (Rev. 6/06) Page 5 (c) All plans for and subsequent removal and restoration shall be to the satisfaction of Lessor and shall be completed within ninety (90) days after the expiration or sooner termination of this Lease or after compliance with paragraph 12(d), whichever is the lesser. (d) In removing any or all the improvements Lessee shall be required to obtain any permits or other governmental approvals as may then be required by lawful authority. (e) Lessor may at any time during the Lease term require Lessee to conduct at its own expense and by a contractor approved by Lessor an independent environmental site assessment or inspection for the presence or suspected presence of hazardous wastes, substances or materials as defined under federal, State or local law, regulation or ordinance manufactured, generated, used, placed, disposed, stored, or transported on the Lease Premises during the term of the Lease. Lessee shall provide the results of the assessment or inspection to Lessor and the appropriate governmental response agency(ies) and shall further be responsible for removing or taking other appropriate remedial action regarding such wastes, substances or materials in accordance with applicable federal, state or local law regulation or ordinance. 13. QUITCLAIM Lessee shall, within ninety (90) days of the expiration or sooner termination of this Lease, execute and deliver to Lessor in a form provided by Lessor a good and sufficient release of all rights under this Lease. Should Lessee fail or refuse to deliver such a release, a written notice by Lessor reciting such failure or refusal shall, from the date of its recordation, be conclusive evidence against Lessee of the termination of this Lease and all other claimants. 14. HOLDING -OVER Any holding -over by Lessee after the expiration of the Lease term, with or without the express or implied consent of Lessor, shall constitute a tenancy from month to month and not an extension of the Lease term and shall be on the terms, covenants, and conditions of this Lease, except that the annual rental then in effect shall be increased by twenty- five percent (25%). 15. ADDITIONAL PROVISIONS (a) Waiver (1) No term, covenant, or condition of this Lease and no default or breach of any such term, covenant or condition shall be deemed to have been waived, by Lessor's acceptance of a late or nonconforming performance or otherwise, unless such a waiver is expressly acknowledged by Lessor in writing. (2) Any such waiver shall not be deemed to be a waiver of any other term, covenant or condition of any other default or breach of any term, covenant or condition of this Lease. (b) Time Time is of the essence of this Lease and each and all of its terms, covenants or conditions in which performance is a factor. (c) Notice All notices required to be given under this Lease shall be given in writing, sent by U.S. Mail with postage prepaid, to Lessor at the offices of the State Lands Commission and the Lessee at the address specified in this Lease. Lessee shall give Lessor notice of any change in its name or address. (d) Consent Where Lessor's consent is required under this Lease its consent for one transaction or event shall not be deemed to be a consent to any subsequent occurrence of the same or any other transaction or event. (e) Changes This Lease may be terminated and its term, covenants, and conditions amended, revised, or supplemented only by mutual written agreement of the parties. (f) Successors The terms, covenants, and conditions of this Lease shall extend to and be binding upon and inure to the benefit of the heirs, successors, and assigns of the respective parties. (g) Joint and Several Obligation If more than one Lessee is a party to this Lease, the obligations of the Lessees shall be joint and several. (h) Captions The captions of this Lease are not controlling and shall have no effect upon its construction or interpretation. (i) SeverabiIity If any term, covenant or condition of this Lease is determined by a court of competent jurisdiction to be invalid, it shall be considered deleted and shall not invalidate any of the remaining terms, covenants and conditions. Form 51.15 (Rev. 6/06) Page 6 STATE OF CALIFORNIA - STATE LANDS COMMISSION LEASE NO. W26638 This Lease shall become effective only when approved by and executed on behalf of the State Lands Commission of the State of California and a duly executed copy has been delivered to Lessee. The submission of this Lease by Lessor, its agent or representative for examination by Lessee does not constitute an option or offer to lease the Lease Premises upon the terms and conditions contained herein, or a reservation of the Lease Premises in favor of Lessee. Lessee's submission of an executed copy of this Lease to Lessor shall constitute an offer to Lessor to lease the Lease Premises on the terms and conditions set forth herein. IN WITNESS WHEREOF, the parties hereto have executed this Lease as of the date hereafter affixed. LESSEE: City of Huntington Beach By: Mayor INITIATED AND APPROVED: By: `-Director of Pubtic Works APPROVED AS TO FORM: By: City Attorney /Yl i! REVIEWED PROVED: By: C' Ikyager ACKNOWLEDGEMENT LESSOR: STATE OF CALIFORNIA STATE LANDS COMMISSION IUn Title: Date: This Lease was authorized by the California State Lands Commission on (Month Day Year Form 51.15 (Rev. 6/06) ACKNOWLEDGMENT STATE OF CALIFORNIA ss COUNTY OF ORANGE On June 19, 2013 before me, P. L. Esparza, Notary Public, personally appeared Connie Boardman who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her authorized capacity, and that by her signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foreaoina paragraph is true and correct. WITNESS my hand and official seal. I-X ). 4�1 - i64a�� (Notary Signdture/ U P. L ESPARZA Commission # 1857021 Z ;' Notary Public - California z z Orange County My Comm. Expires Aug 1.2013 (Seal) EXHIBIT A W 26638 LAND DESCRIPTION Three parcels of State-owned lands in the unincorporated territory of the County of Orange, State of California, and more particularly described as follows: PARCEL 1 (formerly PRC 8738) The northerly thirty (30) feet of that certain parcel described as Exhibit 1, Part 3 of that corporation quitclaim deed recorded August 17, 1973 from Signal Bolsa Corporation to the State of California, recorded in Book 10855 Official Records Page 531, Orange County Records. PARCEL 2 All those lands as described as Exhibit B, Parcel 3 of that corporation deed recorded August 17, 1973 from Signal Bolsa Corporation, Signal Properties Inc. and Signal Oil and Gas Company to the State of California, recorded in Book 10855 Official Records Page 354, Orange County Records. PARCEL 3 Commencing at the southeasterly corner of those lands described in the deed to the City of Huntington Beach recorded April 21, 1971 in Book 9613, Page 233 of Official Records, said point of commencement also being the southeasterly corner of the 1.354 acre parcel 'shown on the record of survey filed in Book 7, Page 20 of Records of Survey both located in records, of said county thence easterly North 89°51'53" East, 174.36 feet, along the centerline of Warner Avenue (formerly Los Patos Avenue), said centerline being 30 feet northerly of and parallel to the City of Huntington Beach Boundary as shown on the parcel map filed in Book 115, Page 18 of Parcel Maps, of said records; thence southerly at right angles to said centerline South 00°08'07" East, 30.00 feet to the POINT OF BEGINNING, of this description said POINT OF BEGINNING being a point along the southerly line of Warner Avenue; thence continuing southerly entering the unincorporated territory of the County of Orange South 00°08'07" East, 12.50 feet to a line parallel with and 12.50 feet southerly of said southerly line; thence easterly along said parallel line North 89°51'53" East, 46.00 feet; thence northerly at right angles to said parallel line North 00°08'07" West 12.50 feet to said southerly line of Warner Avenue; thence westerly along said southerly line South 89°51'53" West, 46.00 feet to the POINT OF BEGINNING. END OF DESCRIPTION PREPARED 3/20/13 BY THE CALIFORNIA STATE LANDS COMMISSION BOUNDARY UNIT Exhibit 8: Mitigation Monitoring Program Impacts HM-1. Prior to construction of the proposed project, the contractor shall City of Huntington Prior to related to prepare and submit to the City for review, a site -specific Health and Beach construction potentially Safety Plan to address the handling of impacted groundwater and contaminated soil encountered during project construction. The Health and Safety soils and Plan shall include at a minimum: groundwater. • List of key personnel and description of responsibilities; • The use of appropriately 40-hour Hazardous Waste Operations and Emergency Response trained operators and workers; • Notification of sub -contractors of the requirements set forth herein; • Hazard evaluation including physical and chemical hazards for all activities anticipated to be conducted in the vicinity of the intersection of Warner Avenue and Pacific Coast Highway; • Site control program including work zone, decontamination procedures and standard operating procedures; • Description of personal protective equipment (PPE); • Emergency response plan; • Applicable action levels; and 0. Job task safety analysis. Breathing zone photo -ionization detector readings shall be taken and readings shall be recorded in a field log. Based on previous investigations, Level D will be the required PPE worn by all field personnel within the exclusion zone. Any emergencies encountered during the field investigation will be addressed and documented December 2012 Warner Avenue Sewer Lift Station Project MND accordingly. HM-2. Extraction and treatment of groundwater during project construction City of Huntington During project activities shall be performed in accordance with the Beach and construction. recommendations of the Geotechnical Report, specifically: Under SARWQCB the general permit from the Santa Ana Regional Water Quality Control Board, methyl tert-butyl ether (MTBE) is listed as a constituent of concern to be monitored with discharge limits not to exceed a 26.1 microgram (ug)/1 maximum daily limit, and a 13 ug/1 monthly average limit. If other containments are detected, the discharge limits will be adjusted accordingly. Should De Minimus permit groundwater sampling activities indicate a sustained level of MTBE above the 13 ug/1 monitoring limit, discharge activities will need to be reevaluated and may need to cease under the direction of the Executive Director and an alternative permitting and discharge structure pursued. In addition to monitoring, the General National Pollutant Discharge Elimination System (NPDES) permit allows for on -site treatment of extracted groundwater to meet discharge limits. Typically, MTBE impacted groundwater is treated with granular activated carbon (GAC), biologically enhanced GAC, air stripping, chemical oxidation, and/or any combination of the aforementioned technologies, depending on levels of MTBE and extracted volume and flow rates. Alternatively, groundwater may be containerized pending sampling and disposal, if necessary. All containers shall be properly sealed to prevent leaks. Emergency response and cleanup equipment shall be available in the event of a release from the primary containment unit. If off -site transportation of water is conducted, manifests shall be completed and shall accompany each shipment that leaves the site. The General NPDES Permit allows for flexibility in discharge structure and monitoring frequency. Should any of the monitoring events for a specific constituent show effluent concentrations above the effluent limit, the frequency of monitoring for that constituent shall be Exhibit B: Mitigation Monitoring Program increased to weekly or daily as directed by the Executive Officer. HM-3. Excavation and treatment of potentially impacted soil during City of Huntington During project project construction activities shall be performed in accordance Beach construction. with the recommendations of the Geotechnical Report, specifically: Excavated soil shall be monitored (screened in the field using a handheld device such as a photoionization detector, and sampled for analysis by a laboratory) to determine the presence of fuel hydrocarbons and fuel oxygenates. Soils that are potentially impacted with fuel hydrocarbons or fuel oxygenates shall be containerized pending characterization. Optionally, soil sampling and laboratory analysis may be conducted in the area of excavation prior to excavation as a preemptive measure to pre -profile the soil. However, this option should not be taken as a replacement for monitoring and sampling during excavation activities. An operation plan shall be prepared and shall include a description of soil characterization, handling, storage, and disposition procedures. The Contractor shall be responsible for loading and transporting to a treatment or disposal facility that is acceptable to the City, including the decontamination of all trucks and equipment prior to leaving the site. The Contractor shall maintain all roads traveled free from all soil and debris. Waste disposal manifests shall be completed by the Contractor and shall accompany each shipment of soil that leaves the site. All loads shall be covered to prevent dust and spill loss during transport. The Contractor shall provide a summary report of the soil disposition including copies of manifests, scale tickets, and treatment or disposal certificates. The Contractor shall conduct waste transportation operations in accordance with Federal and State. Department of Transportation requirements. This includes, but is not limited to, covering loads and adhering to weight limits. Impacts T-1 Prior to construction of the proposed project, the contractor shall City of Huntington Prior to related to flow provide a traffic control plan that provides safe detours around Beach construction. of construction activity and provide temporary traffic control (i.e., flag traffic. person) during concrete transport and other construction -related truck hauling activities. December 2012 Warner Avenue Sewer Lift Station Project MND Impacts related to special status plants. B-1 Prior to the start of construction, pre -construction surveys for Coulter's saltbush, Davidson's saltscale, southern tarplant, salt marsh bird's -beak, Coulter's goldfields, Leopold's rush, estuary seablite, and woolly seablite shall be conducted. If any of these plants are found near the construction limits, a buffer shall be established by a qualified biologist around these plants to avoid any impacts. Construction personnel will be notified to avoid the area and a qualified biologist will monitor the area. City of Huntington Beach in consultation with CDFG and USFWS Prior to construction B-2 Prior to the start of construction, the City shall ensure that a City of Huntington Prior to qualified biologist implement a transplantation and salvage plan Beach in construction (i.e., plant/seed material) for the woolly seablite, estuary seablite, consultation with and Leopold's rush, which have been observed within areas of CDFG and USFWS potential disturbance. Transplantation of these plants shall occur at the Bolsa Chica Wetlands in coordination with Bolsa Chica Conservancy staff, and the additional propagation of salvaged material shall be performed to ensure each plant's survival. Individual planting of these species may also be required should transplantation or propagation be unsuccessful. Impacts B-3 Should construction activities be required during the bird breeding Cityof Huntington g Prior to related to season (i.e., February 15 to July 31), a focused survey for Beach in construction special Belding's Savannah Sparrow (BSS) shall be conducted no more consultation with than one week prior to construction activity within 200 feet of CDFG status wildlife southern coastal salt marsh habitat. and nesting If no presence of BSS is observed within 200 feet of proposed birds subject construction activities, work may commence. Should this to the construction activity (within 200 feet of southern coastal salt Migratory Bird marsh habitat) cease for a period of one week or longer, an Treaty Act. additional focused survey for BSS shall be conducted prior to recommencement of construction. If surveys determine that BSS are present within 200 feet of proposed construction activity, consultation with the California Department of Fish and Game shall be initiated prior to any construction activity. Additionally, should removal of the five palm trees be required between February 15 and July 31, re -construction nesting surveys Exhibit B: Mitigation Monitoring Program Potentlaf Impact 1Vlitigation Measure Agency Responsible Timing shall be conducted to determine the presence of any nesting bird species. These surveys should occur no more than 72 hours prior to tree removal. If no nests are observed, tree removal may commence. However, if an active nest is located, the site will be marked and avoided. Once the young from active nests have fledged, tree removal may commence. Surveys shall be conducted by a qualified biologist and a memorandum of the findings shall be submitted to the City. Impacts A-1 Prior to the approval of project plans and specifications, the City City of Huntington Prior to project related to light shall confirm that the project specifications ensure that all lighting Beach approval. and glare. associated with the proposed project would be shielded or focused downward to comply with City requirements. Impacts C-1 The construction contractor shall use archaeological and Native City of Huntington During project related to American monitoring during all ground disturbing activities, Beach in construction. archaeological including, but not limited to, trenching, boring, and grading. consultation with resources. NAHC C-2 Archaeological monitoring shall include inspection of soils to City of Huntington During project determine if cultural materials are present. Archaeological Beach in construction. monitors shall follow earth -moving equipment and examine consultation with excavated sediments and excavation sidewalls for evidence of NAHC archaeological resources. The archaeological monitor shall have the authority to re -direct construction equipment in the event potential archaeological resources are encountered. In the event archaeological resources are encountered, work in the vicinity of the discovery shall halt until appropriate treatment of the resource is determined by a qualified archaeologist in accordance with the provisions of CEQA Section 15064.5. C-3 In the laboratory, all artifacts shall be, identified, inventoried, and a City of Huntington During project determination of significance made. All cultural resource material Beach in construction. shall then be transferred to an approved archaeological repository consultation with accompanied by a copy of the final monitoring report and all data NAHC in hard and electronic copy. The cost of curation, maintenance, and permanent storage of archaeological materials is assessed by the repository. December 2012 Warner Avenue Sewer Lift Station Project MND City of Huntington Beach 2000 Main Street ♦ Huntington Beach, CA 92648 (714) 536-5227 ♦ www.huntingtonbeachca.gov Office of the City Clerk Joan L. Flynn, City Clerk STATEMENT OF ACTION OF THE CITY COUNCIL CITY OF HUNTINGTON BEACH ***'*Indicates Portions of the Meeting not included in the Statement of Action 6:00 P.M. - Council Chambers Civic Center, 2000 Main Street Huntington Beach, CA 92648 Monday, June 17, 2013 The regular meeting of the City Council/Public Financing Authority of the City of Huntington Beach was called to order at 6:00 p.m. City Council/Public Financing Authority Roll Call Present: Sullivan, Hardy, Harper, Boardman, Carchio, Shaw, Katapodis Absent: None 8. Abandonment Agreement and Lease Agreement with the California State Lands Commission for a portion of State-owned land adjacent to Warner Avenue Recommended Action: A) Approve and authorize the Mayor to execute the "Abandonment Agreement (Lease No. PRC 8738.9 & 5769.1)" between the City of Huntington Beach and the California State Lands Commission for the removal and abandonment of an existing City sewer lift station and three sewer manholes; and, B) Approve and authorize the Mayor to execute the "Lease Agreement W26638" between the City of Huntington Beach and the California State Lands Commission for the construction, use, and maintenance of a 12-inch diameter sewer force main and two 6-inch diameter sewer laterals; and the continued use and maintenance of the existing Warner Avenue Bridge and 14-inch diameter water pipeline. Approved 7-0 ****************************************************************************** Adjournment — City Council/Public Financing Authority Meeting Mayor Boardman adjourned the regular meeting of the City Council/Public Financing Authority of the City of Huntington Beach at 7:17 PM, ATTEST: P City Clerk City Nerk and ex-officio Cle . of the City Council of the City of Huntington Beach/Agency Secretary of the Huntington Beach Public Finance Authority of the City of Huntington Beach, California s Mayor ister Cities: Anjo, Jap ♦ Waitakere, New Zealand STATE OF CALIFORNIA) County of Orange ) ss: City of Huntington Beach ) I, Joan L. Flynn, the duly elected City Clerk of the City of Huntington Beach, California, do hereby certify that the above and foregoing is a true and correct Statement of Action of the City Council of said City at their regular meeting held on June 17, 2013. Witness my hand and seal of the said City of Huntington Beach this 25th day of June, 2013. F � Cit - lerk and ex-officio Cl of the City Council of the City of Huntington Beach/Agency Secretary of the Huntington Beach Public Finance Authority of the City of Huntington Beach, City ®f Huntington Beach 2000 Main Street ♦ Huntington Beach, CA 92648 (714) 536-5227 ♦ www.huntingtonbeachea.gov Once of the City Clerk Joan L. Flynn, City Clerk July 3, 2013 Drew Simpkin Public Lands Management Specialist California State Lands Commission 100 Howe Avenue, Suite 100-South Sacramento, CA 95825-8202 Dear Mr. Simpkin: Enclosed please find duplicate originals of the "Abandonment Agreement" and "Lease Agreement" for a portion of State-owned land adjacent to Warner Avenue. Upon execution, please return an original back to: Joan L. Flynn City Clerk 2000 Main Street Huntington Beach CA 92648 Your attention to this matter is greatly appreciated. 1 �1 Joan L. Flynn, CIVIC City Clerk JF: pe Enclosure: Agreements Sister Cities: Anjo, Japan ♦ Waitakere, New Zealand