HomeMy WebLinkAbout2015-05-19; City Council; 21963; Renewing Right of Way Entry Permit California Parks & Recreation Tamarack Beach, Coastal BluffCITY OF CARLSBAD - AGENDA BILL
AB#
MTG.
DEPT.
21,963
05/19/2015
P&R
ADOPT A RESOLUTION RENEWING THE RIGHT OF
ENTRY PERMIT WITH THE STATE OF CALIFORNIA
DEPARTMENT OF PARKS & RECREATION TO
IMPROVE/MAINTAIN THE UPPER PICNIC FACILITIES
AT TAMARACK STATE BEACH AND THE COASTAL
BLUFF AT TAMARACK/FRAZEE STATE BEACH
DEPT. DIRECTOR
CITY ATTY.
CITY MGR. 1^
RECOMMENDED ACTION:
Adopt Resolution # 2015-118 _, renewing the Right of Entry Permit with the State of
California Department of Parks & Recreation to improve/maintain the Upper Picnic Facilities at Tamarack
State Beach and the Coastal Bluff at Tamarack/Frazee State Beach [Exhibit 1].
ITEM EXPLANATION:
The State of California Department of Parks & Recreation (State) operates under significant budget
constraints that resulted in a corresponding decline in the quantity and quality of services it provided to
the public at Tamarack State Beach and Frazee State Beach. This fact was evident at the Tamarack State
Beach Upper Picnic Facilities (Picnic Facilities) and the Tamarack/Frazee State Beach Coastal Bluff
(Coastal Bluff) prior to 5/20/14. On that date, the City of Carlsbad (City) entered into a Right of Entry
Permit (Permit) with the State to improve/maintain the Upper Picnic Facilities and the Coastal Bluff.
Concurrent with that action, the City Council allocated a total of $899,930 for the corresponding one-
time improvements, and $115,000 per year for the corresponding ongoing maintenance.
The boundary of the Picnic Facilities is depicted in the attached aerial photograph [Exhibit 2]. It includes
approximately 1.5 acres of passive turf, hardscape, raised planters, trees, picnic tables and benches,
trash receptacles, two showers, a drinking fountain, a stairway with adjacent hand railing, a blockhouse
restroom and a corresponding wastewater pump station. The boundary of the Tamarack/Frazee State
Beach Coastal Bluff (Coastal Bluff) is depicted in the attached aerial photograph [Exhibit 3]. It includes
approximately 4.8 acres of slopes which contain a predominantly native plant material, and a
permitted/improved footpath near the northern and southern ends of the boundary.
The City became increasingly concerned about the effects of the State's declining service levels within
these properties on the general public, including residents, business owners, and tourists. The State's
DEPARTMENT CONTACT: Kyle Lancaster 760-434-2941, Kyle.Lancaster@carlsbadca.gov
FOR CLERK USE.
COUNCIL ACTION: APPROVED CONTINUED TO DATE SPECIFIC •
DENIED • CONTINUED TO DATE UNKNOWN •
CONTINUED • RETURNED TO STAFF •
WITHDRAWN • OTHER - SEE MINUTES •
AMENDED • REPORT RECEIVED •
Page 2
inability to provide basic services on such high profile properties bore a negative reflection on the City's
image. For these reasons, several members of the public indicated a desire for the City to assume the
basic improvement and routine maintenance services of State-owned beach sites.
In consideration of these concerns and desires, the City Council directed staff to initiate discussions with
State staff on the potential for the City to assume such services from the State - in the short-term, and
in the long term - at the Picnic Facilities and at the Coastal Bluff. The following is a summary describing
the City's progress on these sites under the Permit; intent to execute a Maintenance and Operations
Agreement (Agreement); and recommendation to renew the Permit for one year.
Per the Terms and Conditions, Section 1 - Project Description, of the initial Permit, the State granted
the City permission to: 1) enter onto the Picnic Facilities solely for the purpose of "...maintaining
landscaping, irrigation systems, hardscapes, and daily facility housekeeping tasks for the comfort station
(i.e. blockhouse restroom)...", and 2) enter onto the Coastal Bluff solely for the purpose of
"...revegetating native coastal bluff habitat, retrofitting/expanding existing irrigation system, and
maintaining said vegetation and irrigation system...."
Further, per the Terms and Conditions, Section 3 - Term of the Permit, the initial Permit "...shall only be
for the period beginning on 5/20/2014, and ending on 5/19/2015, or as may be reasonably extended by
written mutual agreement of the Parties." The intent of the initial Permit was to allow the City a short
term means of entering the Picnic Facilities and Coastal Bluff to commence improvement and
maintenance services.
The following initial improvements were performed on the Picnic Facilities under the initial Permit:
>^ Pruned or removed trees/shrubs and renovated turf areas
^ Retrofitted irrigation systems and re-landscaped planters
Replaced corroded steel handrails with aluminum standard
Replaced dilapidated benches/tables and trash receptacles
Installed drinking fountain and two outside showers
^ Refurbished restroom building - inside and outside
The following improvements were performed on the Coastal Bluff under the initial Permit:
Removed invasive and non-native plants
^ Installed on-grade irrigation system
^ Planted over 5,000 native plants on bluff
^ Installed protective cages around selective plants
Installed protective fencing at both ends of bluff
^ Sprayed south end of bluff with native hydroseed mix
Today, a year after execution of the Permit, the subject sites are dramatically transformed, and are
under regularly scheduled maintenance programs. By virtually all accounts, successful results for these
areas were in fact achieved within the initial Permit.
Page 3
Presuming successful results were achieved within the initial term of the Permit, the City's intent was to
execute a long term Agreement for continuation and expansion of the described services on these sites.
The City and the State have one such Agreement already in place. It is for the Ocean Street Sculpture
Park (Sculpture Park), located northwest of the intersection of Pine Avenue and Carlsbad Boulevard. In
1990, the City and the State entered into a 20-year Agreement for Sculpture Park. In 2011, based on
the successful results achieved, the City and the State entered into a successor 20-year Agreement.
Due to the extensive nature and duration of an Agreement, additional levels of State review and
approval are needed. The process of fully executing an Agreement with the State typically requires at
least one year. At the City Council's direction, staff has continued to meet regularly with State staff to
discuss the potential for executing an Agreement on the Picnic Facilities, Coastal Bluff, and other state-
owned beach sites. Until an Agreement is executed, staff recommends renewing the Permit on the
Picnic Facilities and Coastal Bluff for one year, beginning 5/20/15, and ending 5/19/16 [Exhibit 5].
FISCAL IMPACT:
There is no new fiscal impact associated with the recommended action. The City Council appropriated
one-time funds of $899,930 to the Capital Improvement Program and $115,000 in annual operating
funds to the Parks Maintenance budget on 5/20/14.
ENVIRONMENTAL IMPACT:
Pursuant to Public Resources Code Section 21065, the recommended action does not constitute a
"project" within the meaning of CEQA in that it has no potential to cause either a direct physical change
in the environment, or a reasonably foreseeable indirect physical change in the environment, and thus
does not require environmental review.
EXHIBITS:
1. Resolution # 2015-118 , renewing a Right of Entry Permit with State of California
Department of Parks & Recreation to improve/maintain the Upper Picnic Facilities at Tamarack State
Beach and the Coastal Bluff at Tamarack/Frazee State Beach
2. Aerial photo depicting the boundaries of Tamarack State Beach Upper Picnic Facilities
3. Aerial photo depicting the boundaries of Tamarack/Frazee State Beach Coastal Bluff
4. Right of Entry Permit between State of California Department of Parks & Recreation and City of
Carlsbad to improve/maintain the Upper Picnic Facilities at Tamarack State Beach and the Coastal
Bluff at Tamarack/Frazee State Beach, beginning 5/20/15, and ending 5/19/15.
B<Hii>rr
1 RESOLUTION NO. 2015-118
2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, RENEWING THE RIGHT OF ENTRY PERMIT WITH THE
STATE OF CALIFORNIA DEPARTMENT OF PARKS & RECREATION TO
4 IMPROVE/MAINTAIN THE UPPER PICNIC FACILITIES AT TAMARACK
STATE BEACH AND THE COASTAL BLUFF AT TAMARACK/FRAZEE
5 STATE BEACH
6
y WHEREAS, the State of California Department of Parks and Recreation (State) operates
8 under significant budget constraints that resulted in a corresponding decline in the quantity and
^ quality of services it provided to the public at Tamarack and Frazee State Beaches; and
10
WHEREAS, this fact was evident at the Tamarack State Beach Upper Picnic Facilities
11
(Picnic Facilities) and the Tamarack/Frazee State Beach Coastal Bluff (Coastal Bluff) prior to
12
5/20/14; and
j4 WHEREAS, on that date, the City of Carlsbad (City) entered into a Right of Entry Permit
15 (Permit) with the State to improve/maintain the Picnic Facilities and the Coastal Bluff.
Concurrent with that action, the City Council allocated $899,930 for the corresponding one-
time improvements, and $115,000 per year for the corresponding ongoing maintenance; and
WHEREAS, the City became increasingly concerned about the effects of the State's
declining service levels within these properties on the general public, including residents,
21 business owners, and tourists; and
22 WHEREAS, the State's inability to provide basic improvement and routine maintenance
services on such high profile properties bore a negative reflection on the City's image; and
WHEREAS, several members of the public indicated a desire for the City to assume the
basic improvement and routine maintenance services of State-owned beach sites; and
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to initiate discussions with State staff on the potential for the City to assume such services from
the State - in the short-term, and in the long term - at the Picnic Facilities and at the Coastal
Bluff; and
1 WHEREAS, in consideration of these concerns and desires, the City Council directed staff
2
3
4
5
g WHEREAS, per the terms and conditions of the initial Permit, the State granted the City
7 permission to: 1) enter onto the Picnic Facilities solely for the purpose of "...maintaining
8 landscaping, irrigation systems, hardscapes, and daily facility housekeeping tasks for the
9
comfort station (i.e. blockhouse restroom)...", and 2) enter onto the Coastal Bluff solely for the
10
purpose of "...revegetating native coastal bluff habitat, retrofitting/expanding existing irrigation
11
system, and maintaining said vegetation and irrigation system...."; and
12
j2 WHEREAS, further per the terms and conditions, the initial Permit "...shall only be for
14 the period beginning on 5/20/2014, and ending on 5/19/2015, or as may be reasonably
15 extended by written mutual agreement of the Parties"; and
WHEREAS, the intent of the Permit was to allow the City a timely, short term means of
17
entering the Picnic Facilities and the Coastal Bluff in order to commence improvement and
18
maintenance services; and
19
20 WHEREAS, a year after execution of the Permit, the subject sites are dramatically
21 transformed, and are under regularly scheduled maintenance programs. By virtually all
22 accounts, successful results for these areas were in fact achieved within the initial Permit; and
WHEREAS, presuming successful results were achieved within the initial term of the
Permit, the City's intent was to execute a long term Agreement for continuation and expansion
of the described services on these sites; and
s
1 WHEREAS, due to the extensive nature and duration of an Agreement, additional levels
2
3
4
5
6
7 sites. Until an Agreement is executed, staff recommends renewing the Permit on the Picnic
8 Facilities and Coastal Bluff for one year, beginning 5/20/15, and ending 5/19/16.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad,
California, as follows that:
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of State review and approval are needed. The process of fully executing an Agreement with the
State typically requires at least one year; and
WHEREAS, staff has continued to meet regularly with State staff to discuss the potential
for executing an Agreement on the Picnic Facilities, Coastal Bluff, and other state-owned beach
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15 ///
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1. The above recitations are true and correct.
2. The City Council does hereby renew the Permit with the State to
improve/maintain the Picnic Facilities and the Coastal Bluff.
3. The Mayor is authorized to execute the Permit on behalf of the City of Carlsbad.
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PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City
of Carlsbad on the 19th day of May 2015, by the following vote to wit:
AYES:
NOES:
Council Members Hall, Blackburn, Schumacher, Wood, Packard.
None.
ABSENT: None.
ATTEST:
RBARA ENGLEBON, City Clerk
(SEAL) .y^^^u,„
Exhibit "B" Limit of Work
Native Bluff Restoration
Carlsbad State Beach
0 250 500 1,000
^Feet
6
Exhibit "A" Limit of Work
Tamarack Upper Picnic Facilities
Carlsbad State Beach
0 50 100 200
NORTH
300
• Feet 1
RIGHT OF ENTRY PERMIT
Agency: Department of Parks and Recreation
Project: Operation of Tamarack Upper Picnic Facilities:
Tamarack RR, Grass and Picnic Area & Bluff
This Rlqht of Entry Permit (Permit) is made and entered into this 19' day of May 2015, between the
State of California, acting by and through its Department of Parks and Recreation, hereinafter called
State, and City of Carlsbad, a local Government entity hereinafter called Permittee; State and Permittee
may hereinafter be referred to as a Party, or collectively the Parties.
RECITALS
• Whereas, the State owns, operates and maintains the State Park known as Carlsbad State Beach, in
the County of San Diego, State of Califomia; and
• Whereas, Permittee has applied to State for permission to access for purposes of carrying out
groundskeeping, maintenance of facilities, and restoration of the coastal bluff habitat (tne Project);
and
• Whereas, the State desires to accommodate Permittee's application for permission to enter Carlsbad
State Beach for purposes of the Project, as provided herein and as, and to the extent, such Project
may be ultimately described, permitted, approved and conditioned by this document and subsequent
environmental documents, and as may be conditioned by any other regulatory agency having
jurisdiction, if applicable.
TERMS AND CONDITIONS
Now therefore, the State by this Permit hereby grants to the Permittee permission to enter upon State's
property, conditioned upon the agreement of the Parties that this Permit does not create or vest in Permittee any interest in the real property herein described or depicted, that the Permit is revocable and
non-transferable, and that the Permit is further subject to the following terms and conditions:
1. Project Description: By this Permit, the State hereby grants to the Permittee permission to enter
onto those lands depicted and/or described on Exhibits A" and "B" (the Property), attached hereto
and herein incorporated by this reference, solely for the purpose of 1) maintaining landscaping, irrigation systems, hardscapes, and daily facility housekeeping tasks for the comfort station (for the
Area described in Exhibit "A" and 2) revegetating and maintaining the native coastal bluff habitat
within a 4.8 acre area also described in B<hibit '*B"
2. Permit Subject to Laws and Regulatory Agency Permits: This Permit is expressly conditioned
upon Permittee's obtaining any and all regulatory permits or approvals required by the relevant
regulatory agencies for the Project and Permittee's use of the Property, and upon Permittee's
compliance with all applicable municipal, state and federal laws, rules and regulations, includingLall
State Park regulations. Permittee shall, at Permittee's sole cost and expense, comply with the Project Description, and requirements and mitigations pursuant to the California Environmental Quality Act
Prior to commencement of any work. Permittee shall obtain all such legally required permits or
approvals and submit to the State full and complete copies of all permits and approvals, including
documentation related to or referenced in such permits and approvals, along witn the corresponding agency contact and telephone numbers, and related CEQA and/or National Environmental F'olicy Act
(NEPA) documentation as applicable.
3. Term of Permit: This Permit shall only be for the period beginning on 05/20/2015. and ending on
5/19/2016, or as may be reasonably extended by written mutual agreement of the Parties.
4. Consideration: As this is a mutually beneficial agreement between the parties which will improve
facility features and maintenance, a component ofCA State Parks' Mission and Director's Strategic
Vision, no monetary compensation is being sought by Permitee.
5. Permit Subject to Existing Claims: This Permit is subject to existing contracts, permits, licenses,
encumbrances and claims which may affect the Property.
6. Waiver of Claims and Indemnity: Permittee waives all claims against State, its officers, agents
and/or employees, for loss, injury, death or damage caused by, arising out of, or in any way
connected with the condition or use of the Proper^, the issuance, exercise, use or implementation of
this Permit, and/or the rights herein granted. Pennittee further agrees to protect, save, hold harmless,
indemnify and defend State, its officers, agents and/or employees from any and all loss, damage,
claims, demands, costs and liability which may be suffered or incurred by State, its officers, agents
and/or employees from any cause whatsoever, arising out of, or in any way connected with this
Permit, exercise by Permittee of the rights herein granted. Permittee's use of the Property and/or the
Project for which this Permit is granted, except those arising out of the sole active negligence or willful
misconduct of State. Permittee will further cause such indemnification and waiver of claims in favor of
State to be inserted in each contract that Permittee executes for the provision of services in
connection with the Project for which this Permit is granted.
7. Contractors: Permittee shall incorporate the terms, conditions and requirements contained herein
when contracting out all or any portion of the work permitted hereunder. Permittee shall be
responsible for ensuring contractor/subcontractor compliance with the terms and conditions contained
herein. Failure of Permittee's contractors to abide by State's terms and conditions shall constitute
default by Permittee (see DEFAULT paragraph below) allowing State to terminate this Permit and
seek all legal remedies.
8. Insurance Requirements: As a condition of this Permit and in connection with Permittee's
indemnification and waiver of claims contained herein. Permittee shall maintain, and cause its
contractors to maintain, a policy or policies of insurance as follows:
A. Commercial Permittees
Permittee shall maintain motor vehicle liability with limits of not less than $1,000,000 per accident.
Such insurance shall cover liability arising out of a motor vehicle, including all owned, hired, and
non-owned motor vehicles.
Permittee shall maintain statutory Workers' Compensation and employer's liability insurance
coverage in the amount of $1,000,000/employee/disease/each accident, for all its employees who
will be engaged in the performance of work on the Property, including special extensions where
applicable. Said policy shall include a waiver of subrogation in favor of State. If the permittee
has no employees and/or the owner(s) have elected not to be covered by workers' compensation.
Permittee shall provide State with a written confirmation that Permittee is not required to be,
and/or has elected not to be, covered by Workers' Compensation.
Permittee shall procure commercial general liability insurance at least as broad as the most
commonly available ISO policy form CG 0001 covering premises operations, products/completed
operations, personal/advertising injury and contractualliability with limits not less than $1,000,000
per occurrence and $2,000,000 general aggregate. Said policy shall apply separately to each
insured against whom any claim is made or suit is brought subject to the Permittee limits of
liability
B. Private Party Permittees
Permittee shall maintain personal auto insurance with limits of not less than $100,000 bodily injury
per person, $300,000 bodily injury per accident, and $50,000 property damage per accident.
Permittee shall maintain comprehensive personal liability with limits of not less than $300,000
each occurrence.
Each policy of insurance required by this provision shall: (a) be in a form, and written by an insurer,
reasonably acceptable to State ancf(b) be maintained at Permittee's sole expense.
Permittee shall provide to the State within five (5) business days following receipt by contractor a copy
of any cancellation or non-renewal of insurance required by this Permit.
Insurance companies issuing such policies shall have a rating classification of "A-" or better and
financial size category ratings of "VII" or better according to the latest edition of the A.M. Best Key
Rating Guide. AllTnsurance companies issuing such policies shall be licensed admitted insurers or
eligible surplus lines insurers authorized to do business in the State of California.
Said motor vehicle liability and commercial general liability policies shall contain an endorsement
naming the STATE OF CALIFORNIA and the CALIFORNIA DEPARTMENT OF PARKS AND
RECREATION as an additional insured at no cost to State. The endorsements shall be provided and
not substituted by referring to such coverage on the certificate of insurance.
Permittee shall provide to State evidence that the insurance required to be carried by this Permit,
including the endorsements affecting the additional insured status and waiver of subrogation, is in full
Rev. 6/6/2012 2 of 6
force and effect and that premiums therefore have been paid. Such evidence shall, at State's
discretion, be in the form of a Certificate of Insurance or DPR Form 169A, Certificate of Insurance for
Concession Contracts/Special Events, or a certified copy of the original policy, including all
endorsements.
Permittee is responsible for any deductible or self-insured retention contained within the insurance
program.
Should Permittee fail to keep the specified insurance in effect at all times, Permittee shall be
considered to be in default of this Permit, and State may, in addition to any other remedies it has,
terminate this Permit.
Permittee shall require and ensure that all contractors and subcontractors have adequate insurance
meeting the coverage requirements in this provision.
Any insurance required to be carried shall be primary and not excess to any other insurance carried by State.
Coverage shall be in force for the complete term of this Permit, including any extension thereof, and for all work being done for which this Permit is required.
9. Reservation of Rights: State reserves the right to use the Property in any manner, provided such
use does not unreasonably interfere with Permittee's rights herein.
10. Access Limits and Conditions: Access to the Property shall be limited to the access designated
by State.
11. Notice of Work: Any required notices to State shall be sent to the State authorities in charge of
Carlsbad State Beach named below. At least forty-eight (48) hours prior to any entry upon the
Property for any of the purposes hereinabove set forth. Permittee shall provide the State contact[s]
named below with written notice of Permittee's intent to enter the Property. Permittee shall also
notify the State contact[s] listed below in writing at least forty-eight (48) hours prior to any change in
the Project schedule or cessation or completion of work. Should State personnel need to contact Permittee, State shall notify Permittee's contact person listed below:
STATE: PERIVIITTEE'S CONTACT:
Contact: Superintendent Robin Greene Contact: Superintendent Kyle Lancaster
District: San Diego Coast /North Sector Department: Parks & Recreation
Address: 2680 Carlsbad BI, Carlsbad, CA 92008 Address: 799 Pine Ave., Carlsbad, CA 92008
Telephone: (760)720-7001 Telephone: (760)434-2941
E:mail: robin.greene@parks.ca.gov E:mail: kyle.lancaster@carlsbadca.gov
12. Limits of Worl<: In no event shall this Permit authorize work in excess or contrary to the terms and
conditions of any regulatory agency permit or approval. Under no circumstances, whether or not
authorized by any regulatory agency, other permit or any person or entity other than State, shall
work exceed that which is authorized by this Permit.
13. Public Safety: Permittee shall erect orange plastic temporary construction fencing and appropriate
signage prior to commencement of work to prevent public access to the construction zone.
Permittee shall remove such fencing within two (2) days after the completion of work. Permittee
shall take, and shall cause its contractors or subcontractors to take, any and all necessary and
reasonable steps to protect the public from harm in connection with the Project or implementation of
this Permit.
14. Compliance with Project Requirements, Monitoring and Mitigation Measures (If applicable):
Prior to commencement of revegetating native coastafbluff habitat State will update CEQA
document (NOE 2002/2003-SD^8) that updates and specifies resource monitoring and mitigation
measures. The measures identified shall be completed by Permittee in accordance with ancTto the
satisfaction of the District Superintendent or designee.
Permittee's activities conducted under this Permit shall comply with all State and Federal
environmental laws, including, but not limited to, the Endangered Species Act, CEQA, and Section
5024 of the Public Resources Code.
Any of Permittee's archaeological consultants working within the boundaries of the Property shall
obtain a permit from the California State Parks Archaeology, History & Museums Division prior to
commencing any archaeological or cultural investigations of the Property.
Rev. 6/6/2012 3 of 6
Permittee shall immediately advise State's contact person if any new site conditions are found during
the course of permitted work. State will advise Permittee if any new historical resources (including
archaeological sites), special status species, threatened/endangered species protocols, or other
resource issues are identified within the Project site. Permittee shall abide by District Superintendent
or designee's instructions to protect the resource(s) during the permitted work or risk revocation of
the Permit.
Permittee shall make all excavation activities on the Property available to the State Archaeologist for
observation and monitoring. During excavation, the State archaeological monitor may observe and
report to the State on all excavation activities. State archaeological monitor shall be empowered to
stop any construction activities as necessary to protect significant cultural resources from being
disturbed.
In the event that previously unknown cultural resources, including, but not limited to, dark soil
containing shell, bone, flaked stone, groundstone, or deposits of nistoric trash are encountered
during Project construction by anyone, work will be suspended at that specific location, and the
Permittee's work will be redirected to other tasks, until after a State-qualified archaeologist has
evaluated the find and implemented appropriate treatment measures and disposition of^artifacts, as
appropriate, in compliance with all applicable laws and department resource directives.
If human remains are discovered during the Project, work will be immediately suspended at that
specific location and the District Superintendent or designee shall be notified by Permittee. The
specific protocol, guidelines and channels of communication outlined by the California Native
American Heritage Commission (NAHC), and/or contained in Health and Safety Code Section 7050.5
and Public Resources Code Sections 5097.9 et seq., will be followed. Those statutes will guide the
potential Native American involvement in the event of discovery of human remains.
Permittee shall provide a written work schedule to State so that the State archaeological monitor can
arrange to be on site on the necessary days. Pennittee shall provide reasonable advance notice of
and invite the District Superintendent or designee to any preconstruction meetings with the prime
contractor or subcontractors.
15. Restoration of Property: Permittee shall complete the restoration, repair, and revegetation of the
Property in consultation with and to the satisfaction of, the State Environmental Scientist within one
(1) year after completion of the Project or the expiration or termination of this Permit, whichever
comes first. This obligation shall survive the expiration or termination of this Permit.
16. Performance Bond: If required by State in order to ensure that Permittee performs and completes
its obligations in accordance with the terms of the Permit, Permittee shall obtain a Performance
Bond in the amount of from a surety duly licensed in the State of California. Permittee shall provide
State with a copy of such insurance bond.
17. Right to Halt Work: The State reserves the right to halt work and demand mitigation measures at
any time, with or without prior notice to Permittee, in the event the State determines that any
provision contained herein has been violated, or in the event that cessation of work is necessary to
prevent, avoid, mitigate or remediate any threat to the health and safety of the public or state park
personnel, or to the natural or cultural resources of the state park.
18. Use Restrictions: The use of the Property by Permittee, including its guests, invitees, employees,
contractors and agents, shall be restricted to the daytime hours between sunrise and sunset on a
day-by-day basis, unless othen/vise approved in advance in writing by State. No person shall use or
occupy the Property overnight.
Activities on the Property shall be conducted only in a manner which will not interfere with the orderly
operation of the state park. Permittee shall not engage in any disorderly conduct and shall not
maintain, possess, store or allow any contraband on the Property. Contraband includes, but is not
limited to: any illegal alcoholic beverages, drugs, firearms, explosives and weapons.
Roads and trails where motorized vehicles are normally prohibited may be used for vehicle access
by Permittee, its employees, agents or contractors for patrol, maintenance or repair purposes only,
and only to the extent specified by State, and shall be othenwise subject to all other conditions and/or
restrictions of this Permit and any applicable laws, state park regulations and state park policies.
Permittee shall not use or allow the Property to be used, either in whole or in part, for any purpose
other than as set forth in this Permit, without the prior written consent of the State.
19. State's Right to Enter: At all times during the term of this Permit and any extension thereof, there
shall be and is hereby expressly reserved to State and to any of its agencies, contractors, agents.
Rev. 6/6/2012 4 of 6
/2>
employees, representatives, invitees or licensees, the right at any and all times, and any and all places, to temporarily enter upon said Property to survey, inspect, or peri'orm any other lawful State
purposes.
Permittee shall not interfere with State's right to enter.
20. Protection of Property: Permittee shall protect the Property, including all improvements and all
natural and cultural features thereon, at all times at Permittee's sole cost and expense, and
Permittee shall strictly adhere to the following restrictions:
(a) Permittee shall not place or dump garbage, trash or refuse anywhere upon or within the
Property, except in self-contained trash receptacles that are maintainecl to State's satisfaction
by Permittee.
(b) Permittee shall not commit or create, or suffer to be committed or created, any waste,
hazardous condition or nuisance in, on, under, above or adjacent to the Property.
(c) Permittee shall not cut, prune or remove any vegetation upon the Property, except as
identified in the Project description and herein pennitted or subsequently approved in writing
by the District Superintendent.
(d) Permittee shall not disturb, move or remove any rocks or boulders upon the Property, except as identified in the Project description and herein permitted or subsequently approved in
writing by the District Superintendent.
(e) Permittee shall not grade or regrade, or alter in any way, the ground suri^ace of the Property,
except as herein permitted, or subsequently approved in writing by the District
Superintendent.
(f) Permittee shall not bait, poison, trap, hunt, pursue, catch, kill or engage in any other activity
which results in the taking, maiming or injury of wildlife upon the Property, except as identified in the Project description and herein permitted or subsequently approved in writing by the
District Superintendent.
(g) Permittee shall not use, create, store, possess or dispose of hazardous substances (as
defined in the California Hazardous Substances Act) on the Property except as herein
permitted, or subsequently approved in writing by the District Supenntendent.
(h) Permittee shall exercise due diligence to protect the Property against damage or destmction
by fire, vandalism and any other causes.
21. Default: In the event of a default or breach by Permittee of any of the terms or conditions set forth
in this Permit, State may at any time thereafter, without limiting State in the exercise of any right of
remedy at law or in equity which State may have by reason of such default or breach:
(a) Maintain this Permit in full force and effect and recover the consideration, if any, and other
monetary charges as they become due, without terminating Permittee's right to use of the
Property, regardless of wnether Permittee has abandoned the Property; or
(b) Immediately terminate this Permit upon giving written notice to Permittee, whereupon
Permittee shall immediately surrender possession of the Property to State and remove all of
Permittee's equipment anci other personal property from the Property. In such event. State
shall be entitled to recover from Permittee all damages incurred or suffered by State by
reason of Permittee's default, including, but not limited to, the following:
(i) any amount necessary to compensate State for all the detriment proximately caused by
Permittee's failure to peribrm its obligations under this Permit, including, but not limited to,
compensation for the cost of restoralion, repair and revegetation of the Property, which shall
be done at State's sole discretion and compensation for me detriment which in the ordinary
course of events would be likely to result from the default; plus
(ii) at State's election, such other amounts in addition to or in lieu of the foregoing as may be
permitted from time to time by applicable law.
22. State's Right to Cure Permittee's Default: At any time after Permittee is in default or in material
breach of this Permit, State may, but shall not be required to, cure such default or breach at
Permittee's cost.
Rev. 6/6/2012 5 of 6
23. Revocation of Permit: The State shall have the absolute right to revoke this Permit for any reason
upon ten (10) business days written notice to Pennittee. Written notice to Permittee may be
accomplished by electronic or facsimile transmission, and the notice period set forth in this paragraph shall begin on the date of the electronic or facsimile transmission, or, if sent by mail, on
the date of delivery. If Permittee is in breach of the Permit or owes money to the State pursuant to
this Permit, any prepaid monies paid by Permittee to State shall be held and applied by the State as
an offset toward damages and/or amounts owed. Nothing stated herein shall limit the State's
exercise of its legal and equitable remedies.
24. Recovery of Legal Fees: In any action brought to enforce or interpret any provisions of this Permit
or to restrain the oreach of any agreement contained herein, or for the recovery of possession of the
Property, or to protect any rights given to the State against Permittee, and in any actions or
proceedings under Title Tl of the United States Code, if the State shall prevail in such action on trial
or appeal, the Permittee shall pay to the State such amount in attorney's fees in said action as the
court shall determine to be reasonable, which shall be fixed by the court as part of the costs of said action.
25. Voluntary Execution and Independence of Counsel: By their respective signatures below, each
Party hereto affirms that they have read and understood this Permit and have received independent
counsel and advice from their attorneys with respect to the advisability of executing this Permit.
26. Reliance on Investigations: Permittee declares that it has made such investigation of the facts pertaining to this Permit, the Property and all the matters pertaining thereto as It deems necessary,
and on that basis accepts the terms and conditions contained in this Permit. Permittee
acknowledges that State has made, and makes, no representations or warranties as to the condition
of the Property, and Permittee expressly agrees to accept the Property in its as-is condition for use
as herein permitted.
27. Entire Agreement: The Parties further declare and represent that no inducement, promise or
agreement not herein expressed has been made to them and this Permit contains the entire
agreement of the Parties, and that the terms of this agreement are contractual and not a mere recital.
28. Warranty of Authority: The undersigned represents that they have the authority to, and do, bind
the person or entity on whose behalf and for whom they are signing this Permit and the attendant
documents provided for herein, and this Permit and said additional documents are, accordingly,
binding on said person or entity.
29. Assignment: This Permit shall not be assigned, mortgaged, hypothecated, or transferred by
Permittee, whether voluntarily or involuntarily or by operation of law, nor shall Permittee let, sublet or
grant any license or permit with respect to the use and occupancy of the Property or any portion
thereof, without the prior written consent of State.
30. Choice of Law: This Permit will be governed and construed by the laws of the State of California.
STATE OF CALIFORNIA
Parks and Recrealtion
City Of Carlsbad
Bv: / ^Ut^^
Name: Garratt Aitchison
Title: Acting District Superintendent
San Diego Coast District
4477 Pacific Highway
San Diego, CA 92110
PH (619) 488-3356
Garrat.Aitchison(a)parks.ca.gov
By:
Name:
Title:
Address
y. ''Matt Hall
Mayor
City Hall
1200 Carlsbad Village Dr.
Carlsbad, CA 92008
PH (760) 434-2820
council(5)carlsbadca.gov
Approved As To Form^
Name: Paul Edr
Title: Sr. Assistant City Attorney
Rev. 6/6/2012 6 of 6
Exhibit "A" Limit of Work
LiRJi ^aniarack Upper Picnic Facilities
Carlsbad State Beach
0 50 100 200
NORTH
300
• Feet
IL
Exhibit "B" Limit of Work
Native Bluff Restoration
Carlsbad State Beach
0 250 500 1,000
^Feet
n