HomeMy WebLinkAbout2019-05-14; City Council; Resolution 2019-064RESOLUTION NO. 2019-064
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, AUTHORIZING A RIGHT OF ENTRY PERMIT WITH THE STATE
OF CALIFORNIA DEPARTMENT OF PARKS & RECREATION TO MAINTAIN
THE UPPER PICNIC FACILITIES AT TAMARACK STATE BEACH AND THE
COASTAL BLUFF AT TAMARACK/FRAZEE STATE BEACH
L.\IIIBI I I
WHEREAS, on May 20, 2014, the City of Carlsbad (City) entered into an initial Right of Entry
Permit (Permit) with the State to improve and maintain the Upper Picnic Facilities (Picnic Facilities) at
Tamarack State Beach and the Coastal Bluff at Tamarack/Frazee State Beach (Coastal Bluff) for a term
of one year; and
WHEREAS, the intent of the Permit was to provide enhanced coastal experiences for residents,
business owners, and visitors of the City of Carlsbad; and
WHEREAS, with that action, the City Council allocated $899,930 in corresponding one-time
improvements for these areas, and $115,000 per year in corresponding continuing maintenance; and
WHEREAS, the City Council directed staff to initiate discussions with State staff on the potential
for the City to assume improvement and maintenance services from the State -both in the short-term,
and in the long term -at the Picnic Facilities and at the Coastal Bluff; and
WHEREAS, based upon the successful results achieved at these sites within the initial term of
the Permit, on May 19, 2015, the City Council adopted Resolution No. 2015-118 authorizing a new
Permit, beginning May 20, 2015, and ending May 19, 2016; and
WHEREAS, both the City and the State expressed an interest in entering into a new Permit for
an additional year, on May 17, 2016, the City Council adopted Resolution No. 2016-089 approving a
new Permit, beginning May 20, 2016, and ending May 19, 2017; and
May 14, 2019 Item #2 Page 4 of 17
WHEREAS, both the City and the State expressed an interest in entering into a new Permit for
an additional year, on May 9, 2017, the City Council adopted Resolution No. 2017-073 approving a new
Permit, beginning May 20, 2017, and ending May 19, 2018; and
WHEREAS, both the City and the State expressed an interest in entering into a new Permit for
an additional year, on May 9, 2017, the City Council adopted Resolution No. 2018-065 approving a new
Permit, beginning May 20, 2018, and ending May 19, 2019; and
WHEREAS, at the City Council's direction, staff held several meetings with representatives from
the State's local and district offices between 2014 and 2019 to discuss the potential for a long-term
operating agreement on the Picnic Facilities, the Coastal Bluff, and other State-owned beach sites; and
WHEREAS, staff recommends the authorization of a new Permit to maintain the Picnic Facilities
and the Coastal Bluff for another year, beginning May 20, 2019, and ending May 19, 2020; and
WHEREAS, to address ongoing maintenance needs, sufficient operating funds are available in
the adopted FY 2018-19 Parks maintenance budget and the requested FY 2019-20 parks maintenance
budget.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as
follows:
1. The above recitations are true and correct.
2. The City Council does hereby authorize and direct the Mayor to execute the Permit with
the State to maintain the Picnic Facilities and the Coastal Bluff for one year, which is
attached to this Resolution as Attachment A.
May 14, 2019 Item #2 Page 5 of 17
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on
the 14th day of May 2019, by the following vote, to wit:
AYES:
NAYS:
ABSENT:
Hall, Blackburn, Bhat-Patel, Schumacher, Hamilton.
None.
None. 1n~#&lr
l L ['}111 --i/ ·
\__lJ)Y\ ,NA~ If k 1/luv'vJ.-/
r1_BARBARA ENGLESON, City Clerk
(SEAL)
May 14, 2019 Item #2 Page 6 of 17
ATTACHMENT A
Agency: Department of Parks and Recreation
RIGHT OF ENTRY PERMIT
Project: Operation of Tamarack Upper Picnic Facilities:
Tamarack RR, Grass and Picnic Area & Bluff
This Right of Entry Permit (Permit) is made and entered into this 19th day of May, 2019, 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 California; and ·
• Whereas, Permittee has applied to State for permission to access Carlsbad State Beach for ·
purposes of carrying out grounds keeping, maintenance of facilities, and restoration of the coastal
bluff habitat (the 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;
2.
3.
4.
5.
Project Description: By this .Permit, the State hereby grants to the Permittee permission to enter
onto-those-lands-depicted-andfor-described-on-Exhib1ts-''A_ll_and_J'BJJ._(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 Exhibit "B''. · ·
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, including all
State Park re9ulations. Permittee shall, at Permittee's sole cost and expense, comply with the .
Project Description, and requirements and mitigations contained in the Environmental Document.
Prior to commencement of any work, Permittee shall o_btain 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, alon9 with the
corresponding a_gency contact and telephone numbers, and related California Environmental
Quality Act (CEQA) and/or National Environmental Policy Act (NEPA) documentation as applicable.
Term of Permit: This Permit shall only be for the period beginning on May 20, 2019, and ending
on May 19, 2020 or as may be reasonably extended by written mutual agreement of the Parties.
Consideration: As this is a mutually beneficial agreement between the parties which will improve
facility features and maintenance, a component of CA State Parks' Mission and Director's Strategic
Vision, no monetary compensation is being sought by Permittee. . .
Permit Subject to Existing Claims: This Permit is subject to existing contracts, permits, licenses,
encumbrances and claims which may affect the Property. . .
May 14, 2019 Item #2 Page 7 of 17
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 Property, the issuance, exercise, use or impleme'ntation
of this Permit, and/or the rights herein granted. Permittee 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:
General Provisions Applying to All Policies
A
B.
C.
D.
E.
F.
G.
H.
I.
J.
Coverage Term -Coverage needs to be in force for the complete term of the contract. If
insurance expires during tlie term of the contract, a new certificate must be received by the
State at least ten (10) days prior to the expiration of this insurance. Any new insurance must
still comply with the original terms of the contract. ·.
Policy Cancellation or Termination & Notice of Non-Renewal -Contractor is responsible
to notify the State within five business days before the effective date of any cancellation, non-
renewal, or material change that affects required insurance coverage. In the event Contractor
fails to keep in effect at all times the specified insurance coverage, the State may, in addition
to any other remedies it may have, terminate this Contract upon the occurrence of such
event, subject to the provisions of this Contract.
Deductible -Contractor is responsible for any deductible or self-insured retention contained
within their insurance program.
Primary Clause -Any required insurance contained in this contract shall be primary, and not
excess or contributory, to any other insurance carried by the State.
Insurance Carrier Required Rating -All insurance companies must carry a rating
acceptable to the Office of Risk and Insurance Management. If the Contractor is self-insured
for a portion or all of its insurance, review of financial information including a letter of credit
may be required. .
Endorsements -Any required endorsements requested by the State must be physically
attached to all requested certificates of insurance and not substituted by referring to such
coverage on the certificate of insurance. . ·
Inadequate Insurance -Inadequate or lack of insurance does not negate the contractor
obligations under the contract. . . .
Satisfying an SIR -All insurance required by this contract must allow the State to pay and/or
act as the contractor's agent in satisfying any self..:insured retention (SIR). The choice to pay
and/or act as the contractor's agent in satisfying any SIR is at the State's discretion.
Available Coverages/Limits -All coverage and limits available to the contractor shall also be
available and applicable to the State. ·
Subcontractors -In the case of Contractor utilization of subcontractors to com~lete the
contracted scope of work, contractor shall include all subcontractors as insured s under
Contractor and insurance or SUIJply evidence of insurance to The State equal to policies,
coverages and limits required of Contractor. ·
COMMERCIAL GENERAL LIABILITY:
Rev. 7/18/2017 2 of7
May 14, 2019 Item #2 Page 8 of 17
C~mmercial General Liabi_lity Insurance covering b(?di_ly injury and prqperty damage in a form and
with coverage that are satisfactory to the State. This insurance shall include personal and
advertising injury liability, products and completed operations, and liability assumed under an
insured contract. . Coverage shall be written on an occurrence basis in an amount of not less than
$1,000,000 per occurrence. Annual aggregate limit shall not be less than $2,000,000. The State
of California, its officers, aaents, and employees are to be covered as additional insureds·
with respect to liability arismg out of work or operations.
AUTOMOBILE LIABILITY INSURANCE:
Automobile Liability Insurance covering all owned, non-owned, and hired vehicles with a combined
single limit of not less than $1,000,000 for bodily injury and property damage. The State of ·
California, its officers, agents, and employees are to be covered as additional insureds with
respect to liability arising out of work or operations.
WORKERS COMPENSATION AND EMPLOYERS LIABILITY:
Workers' Compensation insurance as required by the State of California, with Statutory Limits, and
Employer's Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or
disease. The Workers' Compensation policy shall be endorsed with a waiver of subrogation
in favor of the State of Cal ifornia.
· 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 Park named below. At least forty-eight (48) hours prior to any entry upon ttie ·
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:
12.
13.
14.
STATE: . . PERMITTEE'S CONTACT:
Contact: Superintendent Lisa Urbach Contact: Interim Director Kyle Lancaster
· District: San Diego Coast District/North Sector City of Carlsbad, Parks & Recreation
Address: 2680 Carlsbad Blvd., Carlsbad, CA 92008 Address: 799 Pine Ave., Carlsbad, CA 92008
Telephone: (760) 720-7001
· Email: Lisa.Urbach@parks.ca.gov
Telephone: (760) 434-2941
Email: Kyle.Lancaster@carlsbadca.gov
Limits ofWork: 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. :
~ublic Sa~ety: Permittee shall erect orange plastic temporary construction fencing and appropriate
s1gnage prior to commencement of work to prevent public access to the construction zone.
Perm1ttee 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. .
Compliance with Project Requirements, Monitoring and Mitigation Measures (if applicable):
Prior to commencement of revegetating native coastal bluff habitat State will update CEQA
document (NOE 2002/2003-SD-78) that updates and specifies resource monitoring and mitigation
measures. The measures identified shall be completed by the permittee in accordance with and to
· 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
submit a DPR 412A permit application to the District cultural resource specialist for approval prior
to commencing any archaeological or cultural investigations of the Property.
Rev. 7/18/2017 3 of 7.
May 14, 2019 Item #2 Page 9 of 17
15.
16.
17.
18.
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 historic trash are encountered
during Project con~truction ~y anyone, work will be Sl;JSpended at that spe~ific location,_ and the
Perm1ttee's work will be redirected to other tasks, until a State archaeologist or professionally
q~alifiE:q designe:e has evaluated ~he fi~d and il')lpleme~ted appr~priate treatment measures and
d1spos1t1on 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.
If resource monitoring is required to be performed by State staff, the Permittee shall provide a
written work schedule to the State at least 48 hours in advance of the work. Permittee shall provide
reasonable advance notice of and invite the District Superintendent or designee to any
preconstruction meetings with the prime contractor or subcontractors.
Restoration of Property: Permittee shall complete the restoration, repair, and revegetation of the
Property in consultation with, and tel 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.
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.
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 determJnes 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.
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 otherwise approved in advance in writing by State. Exception: Grounds
maintenance and janitorial employees, contractors and agents may be on site between 6:30am -
midnight for the purpose of servicing the facilities. 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 ttie 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 otherwise subject to all other conditio_ns
and/or restrictions of this Permit and any applicable laws, state pa rk regulations and state park
policies.
Rev. 7/18/2017 4 of7
May 14, 2019 Item #2 Page 10 of 17
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,
employees, representatives, invitees or licensees, the right at any and all times, and any and all
places, to te·mporarily enter upon said Property to survey, inspect, or perform any other lawful State
purposes.
20.
Permittee shall not interfere with State's right to enter.
Protection of Property: Permittee shall pr~tect the Property, including all improvements and all
natural and cultural features thereon, at all times at Perm1ttee'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 maintained 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 cir adjacent to the Property.
(c)
(d)
(e)
(f)
(g)
(h)
Permittee shall not cut, prune or remove any vegetation upon the Property, except as
identified in the Project description and herein permitted or subsequently approved in writing
by the District Superintendent. · ·
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. ·
Permittee shall not grade or regrade, or alter in any way, the ground surface of the Property,
except as·herein permitted, or subsequently approved in writing by the District
Superintendent.
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.
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 Superintendent. _
Permittee shall exercise due diligence to protect the Property against damage or destruction
by fire, vandalism and any other causes. . ·
21. Defaulf: In the event of a default or breach by Permittee of any of the terms or conditions set forth
in this Permit, St~te may at ai:1y 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)
(b)
Rev. 7/18/2017
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 whether Permittee has abandoned t~e Property; or
Immediately terminate this Permit upon giving written notice to Permittee, whereupon .
Perm!ttee shall !mmediately surrender possession of the Property to State and remove all of
Perm1ttee's equipment and 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)
(ii)
any amount necessary to compensate State for all the detriment proximately caused by
Permittee's failure to perform its obligations under this Permit, including, but not limited
to, compensation for the cost of restoration, repair and revegetation of the Property,
which shall be done at State's sole discretion and compensation for the detriment which
in the ordinary course of events would be likely to result from the default; plus ·
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. .
5 of?
May 14, 2019 Item #2 Page 11 of 17
22.
23.
24.
State's Rightto Cure Permittee's Default: At any time afterPermittee 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. If State. at any time, by reason of such default or breach, pays any sum or does
any act that requires the payment of any sum, the sum paid by State shall be due immediately from
Permittee to State at the time the sum is paid. The sum due from Permittee to State shall bear the
maximum interest allowed by California law from the date the sum was paid by State until the date
oh which Permittee reimburses State. · ·
Revocation of Permit: The State shall have the absolute right to revoke this Permit for any
reason upon ten (10) days written notice to Permittee. 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 cf ate 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 a.nd 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.
Recovery of Legal Fees: In any action brought to enforce or interpret any provisions of this
Permit or to restrain the breach 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 11 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.
27.
28.
29.
. Reliance on Investigations: Permittee declares that it has made such investigation of the facts
pertaining to this Permit, the Property and all the matters pertainin9 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. ·
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.
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. . ·
Assignment: This Permit shall not be assigned, mortgaged, hrpothecated, or transferred by
Perm1ttee, whether voluntarily or involuntarily or by operation o law, nor shall Permittee let, sublet
or grant any license or permitwith respectto 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.
Rev. 7/18/2017 6 of7
May 14, 2019 Item #2 Page 12 of 17
STATE OF CALIFORNIA
Department of Parks and Recreation
By: L{t/a/4:r-
Name: Kimberly Weinstein
Title: District Superintendent (acting)
San Diego Coast District
4477 Pacific Highway
San Diego, CA 9211 0
(619) 488-3356
Kimberly.Weinstein@parks.ca.gov
Rev. 7/18/2017
CITY OF CARLSBAD
~~:me:711.lf/J2
Title: Mayor
City Hall
1200 Carlsbad Village Dr.
Carlsbad, CA 92008
(760) 434-2820
council@carlsbadca.gov
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May 14, 2019 Item #2 Page 13 of 17