SECTION MC104 SIGNS AND ADDRESSES
MC104.1 Road signs. (FIRE 010). All newly constructed or approved roads and streets shall be designated by names or numbers, posted on signs clearly visible and legible from the roadway.
Size of letters, numbers and symbols for street and road signs shall be a minimum four-inch letter height, ½-inch stroke, and shall be a color that is reflective and clearly contrasts with the background color of the sign. All numerals shall be Arabic. Street and road signs shall be non- combustible and shall be visible and legible from both directions of vehicle travel for a distance of at least one hundred (100) feet. Height, visibility, legibility, and orientation of street and road signs shall be meet the provisions of the jurisdiction. This section does not require any entity to rename or renumber existing roads or streets, nor shall a roadway providing access only to a single commercial or industrial occupancy require naming or numbering. Signs required under 31 this section identifying intersecting roads, streets and private lanes shall be placed at the intersection of those roads, streets and/or private lanes. Signs identifying traffic access or flow limitations (i.e., weight or vertical clearance limitations, dead-end road, one-way road or single lane conditions, etc.) shall be placed: (a) at the intersection preceding the traffic access limitation; and (b) not more than one hundred (100) feet before such traffic access limitation.
Road, street and private lane signs required by this article shall be installed prior to final acceptance of road improvements by the Fire Code Official.
MC104.2 Addresses for buildings. (FIRE 011). All buildings shall be issued an address in accordance with jurisdictional requirements. Each occupancy, including detached accessory dwelling units (ADU), except accessory buildings, shall have its own permanently posted address. When multiple occupancies exist within a single building, each individual occupancy shall be separately identified by its own address. Letters, numbers and symbols for addresses shall be a minimum of four-inch (4”) height, 1/2-inch stroke, contrasting with the background color of the sign, and shall be Arabic. The sign and numbers shall be reflective and made of a noncombustible material. Address signs shall be placed at each driveway entrance and at each driveway split. Address signs shall be and visible from both directions of travel along the road.
In all cases, the address shall be posted at the beginning of construction and shall be maintained thereafter. Address signs along one-way roads shall be visible from both directions of travel.
Where multiple addresses are required at a single driveway, they shall be mounted on a single sign. Where a roadway provides access solely to a single commercial occupancy, the address sign shall be placed at the nearest road intersection providing access to that site. Permanent address numbers shall be posted prior to requesting final clearance.
SECTION MC105 WATER SUPPLY
MC105.1 Water systems. (FIRE 012). The provisions of this condition shall apply when new parcels are approved by a local jurisdiction. The emergency water system shall be available on- site prior to the completion of road construction, where a community water system is approved, or prior to the completion of building construction, where an individual system is approved.
Approved water systems shall be installed and made serviceable prior to the time of construction.
Water systems constructed, extended or modified to serve a new development, a change of use, or an intensification of use, shall be designed to meet, in addition to average daily demand, NFPA Standard 1142 or other adopted standards. The quantity of water required pursuant to this chapter shall be in addition to the domestic demand and shall be permanently and immediately available.
MC105.2 (RESERVED) (FIRE 013).
MC105.3 Single parcel fire protection water supply. (FIRE 014). For development of structures totaling less than three thousand (3,000) square feet on a single parcel, the minimum fire protection water supply shall be four thousand nine hundred (4,900) gallons. For development of structures totaling three thousand (3,000) square feet or more on a single parcel, the minimum fire protection water supply shall be nine thousand eight hundred (9,800) gallons.
For development of structures totaling more than ten thousand (10,000) square feet on a single parcel, the reviewing authority may require additional fire protection water supply. Other water supply alternatives, including ISO Rural Class 8 mobile water systems, may be permitted by the fire authority to provide for the same practical effect. The quantity of water required by this condition shall be in addition to the domestic demand and shall be permanently and immediately available.
32 MC105.4 Fire hydrants and valves. (FIRE 015). A fire hydrant or fire valve is required. The hydrant or fire valve shall be eighteen (18) inches above grade, eight feet from flammable vegetation, no closer than four feet nor further than twelve (12) feet from a roadway, and in a location where fire apparatus using it will not block the roadway. The hydrant serving any building shall be not less than fifty (50) feet and not more than one thousand (1,000) feet by road from the building it is to serve. Minimum hydrant standards shall include a brass head and valve with at least one 2 1/2-inch National Hose outlet supplied by a minimum four inch main and riser. More restrictive hydrant requirements may be applied by the Reviewing Authority. Each hydrant/valve shall be identified with a reflectorized blue marker, with minimum dimensions of three inches, located on the driveway address sign, non-combustible post or fire hydrant riser. If used, the post shall be within three feet of the hydrant/valve, with the blue marker not less than three feet or greater than five feet above the ground, visible from the driveway. On paved roads or driveways, reflectorized blue markers shall be permitted to be installed in accordance with the State Fire Marshal's Guidelines for Fire Hydrant Markings Along State Highways and Freeways, May 1988.
SECTION MC106 SETBACKS
MC106.1 Setbacks. (FIRE 016). Except as permitted by the fire code official, all parcels one acre and larger shall provide a minimum thirty (30) foot setback for new buildings and accessory buildings from all property lines and/or the center of the road. For parcels less than one-acre, alternate fuel modification standards or other requirements may be imposed by the Fire Code Official to provide the same practical effect.
SECTION MC107 VEGETATION AND DEBRIS DISPOSAL
MC107.1 Disposition of vegetation and debris fuels. (FIRE 017). Disposal, including chipping, burying, or removal to a landfill site approved by the local jurisdiction, of vegetation and debris caused by site development and construction, road and driveway construction, and fuel modification shall be completed prior to final clearance of the related permit.
SECTION MC108 GREENBELTS
MC108.1 Greenbelts. (FIRE 018). Subdivisions and other developments, which propose greenbelts as a part of the development plan, shall locate said greenbelts strategically as a separation between wild land fuels and structures. The locations shall be approved by the Fire Code Official.
SECTION MC109 DEFENSIBLE SPACE
MC109.1 Standard defensible space requirements. (FIRE 019). Defensible space requirements shall meet Section 4291 of the Public Resources Code or the Monterey County Code, whichever is more restrictive. Additional or alternate fire protection approved by the Fire Code Official may be required to provide reasonable fire safety. Environmentally sensitive areas may require alternative fire protection, to be determined by the Fire Code Official and other jurisdictional authorities.
MC109.2 (RESERVED) (FIRE 020).
33 SECTION MC110 FIRE PROTECTION SYSTEMS
MC110.1 Residential fire sprinkler systems (Standard). (FIRE 021). The building(s) and attached structure(s) shall be fully protected with automatic fire sprinkler system(s). Installation shall be in accordance with the applicable NFPA standard. A minimum of four sets of plans for fire sprinkler systems must be submitted by a California licensed C-16 contractor and approved prior to installation. This requirement is not intended to delay issuance of a building permit. A rough sprinkler inspection must be scheduled by the installing contractor and completed prior to requesting a framing inspection.
MC110.2 (RESERVED) (FIRE 022).
MC110.3 (RESERVED) (FIRE 023).
MC110.4 Residential fire alarm systems. (FIRE 024). The residence shall be fully protected with an approved household fire warning system as defined by NFPA 72. Plans and specifications for the household fire warning system shall be submitted by a California licensed C-10 contractor and approved prior to installation. Household fire warning systems installed in lieu of single-station smoke alarms required by the California Residential Code shall meet the requirements of the California Residential Code.
MC110.5 (RESERVED) (FIRE 025).
(Ord. 2025-16 § 1 (Exh. A (15) (part)), 2025)
34 Agenda Item: 10L(2)
City Council Meeting of
September 15, 2026ORDINANCE NO. 2026-
AN ORDINANCE AMENDING THE MARINA MUNICIPAL CODE (MMC),
CHAPTER 17, ARTICLE 4, BY AMENDING SECTIONS 17.42.170 SHORT -TERM RENTALS. THE PROPOSED ORDINANCE IS EXEMPT FROM ENVIRONMENTAL REVIEW PURSUANT TO SECTION 15061(b)(3) OF THE CEQA GUIDELINES. -oOo-
THE CITY COUNCIL OF THE CITY OF MARINA DOES HEREBY ORDAIN AS FOLLOWS:
1. The City Council of the City of Marina (City) acknowledges the importance of the Short-Term Rental Program in protecting Marina’s neighborhood integrity. As a result, the City Council requested that the Community Development Dept. (CDD) propose amendm ents to the Marina Municipal Code (MMC) that would enhance regulatory clarity, strengthen enforcement, and help ensure that STR operations remain consistent with the City’s broader policy goals and neighborhood protection standards.
2. On May 19, 2026, City Council adopted Ordinance 2026 -05 amending Section 17.42.170 of the Zoning Ordinance, entitled “Short-term rentals,” to better protect neighborhood integrity.
3. The proposed amendments to Chapter 17 of the MMC are consistent with Section 17.72 (Amendments).
4. Environmental. The proposed Ordinance amendments are not subject to environmental review pursuant to the State CEQA Guidelines, California Code of Regulations, Title 14, Article 5, Section 15061(b)(3), because the proposed procedural changes would not result in a direct or a reasonably foreseeable indirect physical change in the environment and the proposed ordinance is covered by the general rule that CEQA applies only to projects which have potential for causing significant effect on the environment. There fore, the adoption of this ordinance is exempt from CEQA, and no further environmental review is necessary.
5. Effective Date. This Ordinance shall be in full force and effect on thirty (30) days after its final passage and adoption.
1 6. Severability. If any portion of this Ordinance is found to be unconstitutional or invalid the City Council hereby declares that it would have enacted the remainder of this Ordinance regardless of the absence of any such invalid part.
7. Posting of Ordinance . Within fifteen (15) d ays after the passage of this Ordinance, the City Clerk shall cause it to be posted in the three (3) public places designated by resolution of the City Council.
The foregoing Ordinance was introduced at a regular meeting of the City Council of the City of Marina duly held on September 1 , 2026, and was passed and adopted at a regular meeting duly held on September 15, 2026, by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
Bruce C. Delgado, Mayor
ATTEST:
__________________________
Anita Sharp, Deputy City Clerk
2 Exhibit A
(New text is indicated with underlining, and deleted text is indicated with strikethrough) …
Chapter 17.42.170
SHORT-TERM RENTALS
Sections:
…
17.42.170 Short-term rentals.
…
A. Purpose. The purpose of this section is to establish a permitting process and appropriate standards for the short-term rental of a whole dwelling unit, or portion of the same, for a period of twenty-nine consecutive days or less.
B. Definitions. For the purposes of this section, the following definitions shall apply:
1. “Hosting platform” means a marketplace in whatever form or format which facilitates home-sharing or vacation rental, through advertising or other means, using any medium of facilitation, and from which the operator of the housing platform derives revenues, including booking fees or advertising revenues, from providing or maintaining the marketplace.
2. “Primary residence” means an owner’s permanent residence or usual place of return for housing as documented by evidence of a Monterey County assessor’s homeowners exemption and at least two forms of identification in the owner’s name: motor vehicle registration, driver’s license, state and federal tax returns, a bank account statement, voter registration, a lease or rental agreement, or a utility bill from within the past sixty days.
An owner may have only one primary residence at any given time. A primary residence is a “one-family dwelling” as defined in Section 17.04.290.
3. “Registry” or “city registry” means the list of STR permits issued in a calendar year.
The City shall bear responsibility for keeping the registry up-to-date with current permits.
4. “STR guest(s)” or “guest(s)” means any person or group of persons staying at an STR for no more than twenty-nine (29) consecutive days.
5. “STR owner” or “owner” means the person, or persons, individually, jointly, in common, or a living trust whereby the trustor and trustee are the same person, whereby such property is under single or unified control holding fee title under a fee interest or a leasehold interest authorizing sublease, which rents a dwelling operated and used as an STR.
3 6. “Short-term rental” or “STR” means a primary residence, or any portion thereof, rented for occupancy for lodging or sleeping purposes for a period of twenty-nine consecutive days or less.
7. “Transient occupancy tax” or “TOT” means local transient tax as set forth in Chapter 3.12. The tax is paid by the guest when paying for their rental. The collected TOT is then remitted to the City.
8. “Advertising” means signs, circulars, cards, telephone books, newspapers, magazines, posters, email, mobile applications, television, radio, or any other representation implying or stating the property is available for short-term rental use.
C. Short-Term Rental Requirements and Conditions.
1. Compliance With Applicable Laws. The owner must comply with all applicable laws, rules, and regulations pertaining to the use and occupancy of the STR.
2. Short-Term Rental Permit Required. A permit from the CCity (hereinafter referred to as an “STR permit”) is required for all STRs shorter than twenty-nine consecutive days.
3. Validity Period. An STR permit shall expire on June 30th of each calendar year and may be renewed upon reissuance of a business license and proof of timely payment of transient occupancy tax (TOT) during the time period of operation of the STR. An STR permit is only valid for up to one year, subject to renewal, and does not run with the land.
Therefore, the issuance of an STR permit for a period of up to one year does not create a fundamentally vested right. As such, the CCity reserves the right to deny renewal of an STR permit for any reason, without the applicant having a right to hearing or other due process rights. During the application renewal submission, the owner must resubmit proof of “primary residence” as listed in subsection (B)(2) of this section.
4. Change in Ownership. The STR permit shall be invalidated by a change in owner of an STR, except when a spouse or domestic partner is added to the title of the property or the property is converted to a trust, which is principally under the same ownership. If the STR permit is invalidated by a change in ownership, the owner must complete the reapplication process within forty days or the right to the STR permit will be lost.
5. Noise and Disturbances. Guests are subject to the requirements of Chapter 9.24, Noise Regulations.
6. Revocation of STR Permit. An STR permit may be revoked by the CCity due to the failure to meet the requirements set forth in this code and state law, subject to the discretion of the CCity. Any applicant or permit holder whose request for permit has been denied, or whose permit has been revoked, shall be ineligible for a two-year period from 4 applying for a new permit. Such period shall run from the date of any final determination of denial or revocation. No person whose permit has been revoked shall continue to engage in, or carry on, the activity for which the permit was granted unless and until such permit has been reinstated or reissued.
7. Appeal Process. Revocation of an STR permit may be appealed pursuant to Section 17.70.020. The appeal shall be accompanied by a filing fee, if any, as established by City council resolution.
8. Good Neighbor Brochure. A good neighbor brochure, the contents of which shall be set by resolution of the planning commission, shall be required on the premises of any STR.
9. Occupancy Limitations. The maximum number of guests permitted in an STR is two per bedroom, plus two additional guests per unit (as shown in the following table). No more than twelve guests shall be permitted to stay in an STR.
Number of
Bedrooms
Number of Guests
Allowed
0 (studio) 2
1 4
2 6
3 8
4 10
5+ 12
10. Transient Occupancy Tax. Transient occupancy tax (TOT) shall be collected on all short-term rentals. STR owners are solely responsible for the collection of all applicable TOT and remittance of the collected tax to the City on a monthly basis. If a hosting platform collects payment for short-term rentals, then it and the STR owner shall both have legal responsibility for the collection and remittance of TOT.
11. Advertising STR Without STR Permit. No owner, owner representative, responsible tenant, person acting as agent, real estate broker, real estate sales agent, property manager, reservation service or otherwise shall post, publish, circulate, broadcast or maintain any advertisement of an STR property if that property does not operate pursuant to a valid STR permit.
5 12. Parking. Each designated on-site parking space at a transient use site shall be made available for use by overnight occupants of that site and any on-site driveway must be available for the use of the guests of the site. Each private contract or tenancy shall specify what the maximum number of tenant vehicles to be parked at or in proximity to a transient use site (whether on street or off street), which shall not exceed the number of bedrooms included in the contract or tenancy.
13. Contact Information. The owner shall maintain a clearly visible on-site placard, accessible from the public right-of-way, displaying the name and twenty-four-hour contact information of the owner or designated local contact person authorized to respond to complaints. The owner shall include the property address and contact information in all advertisements and online listings for the short-term rental.
14. Specific Prohibitions. The owner is responsible for ensuring the property does not become a nuisance due to any short-term rental occupant activities. The activities prohibited for short-term rentals are examples that include, but are not limited to, the following:
a. Senior housing units and below market rate units may not be used for short- term rental purposes.
b. An owner may not have a short-term rental permit on more than one parcel for short-term rental use in the CCity’s jurisdiction. In addition, the parcel listed on the permit must be owner-occupied as defined by primary residence. c. Commercial or assembly uses, such as weddings, corporate events, and parties, are prohibited in short-term rentals.
d. Short-term rental to unaccompanied minors is prohibited. e. Short-term rentals are prohibited in accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs) that received approval on or after January 1, 2020. ADUs and JADUs that received approval prior to January 1, 2020, are exempt from this prohibition and may be used as short-term rentals, provided the owner obtains a valid STR permit.
f. Parcels that have an ADU or JADU that received approval on or after January 1, 2020, are prohibited from obtaining a short-term rental permit. Parcels with an ADU or JADU that received approval prior to January 1, 2020, are exempt from this prohibition.
g. Short-term rentals are prohibited in recreational vehicles (RVs), tents, and other nonpermanent structures.
6 15. Density Limits. Upon the effective date of the ordinance codified in this chapter, all new STR permits shall be subject to a fifty-five-foot zone of exclusion. The fifty-five- foot zone of exclusion shall be drawn from the STR parcel boundary. A property shall be ineligible to hold an STR license if any part of its parcel boundary is within the fifty-five- foot zone of exclusion of an existing STR. Subject to the city manager or his/her designee’s discretion, a property may be eligible for an STR permit if its parcel boundary is outside the zone of exclusion but an associated legal easement is within the fifty-five- foot range (i.e., a reverse ingress or egress easement creates a flag lot). Implementation of this section for existing permit holders will be deferred until June 30, 2027, and will take effect upon issuance of an STR permit during the renewal process. STR permit holders within a fifty-five-foot zone of exclusion will not be allowed to operate an STR after June 30, 2027.
16. Permit Cap. The total number of short-term rental permits issued and active within the City shall not exceed fifty (50) at any time. No new permit shall be issued once the cap has been reached, unless an existing permit is revoked or terminated.
17. Duration. The number of nights that the property can be used for short-term rental purposes shall be limited to one hundred eighty (180) nights per calendar year. During the submission of a new application, the owner must submit a proposed rental calendar not to exceed one hundred eighty (180) nights and, upon a renewal application, the owner must submit proof he/she/they have not exceeded the one hundred eighty nights.
D. Permit Application Procedures. An application for an STR permit shall be filed with the community development department upon forms, the content of which shall be set by resolution of the planning commission and shall, at a minimum, request:
1. The name, address, assessor’s parcel number (APN) for the STR owner’s property, and telephone number of the owner of the STR for which the STR permit is to be issued.
2. A statement of the anticipated daily rental charge for the STR and written acknowledgment of the responsibility to pay TOT associated with the rental of the STR.
3. A valid business license issued by the City for the STR, with the stipulation that the actual business license number must be included in any solicitation for an STR.
4. An STR permit application nonrefundable fee. The fee will cover the estimated costs of reviewing the application.
5. Plans, which do not need to be drawn up by a professional, but drawn to scale including the following:
a. Plot plan showing location of all property lines, location of all existing buildings, and location of dimensioned on-site parking spaces. 7 b. Floor plan showing all rooms with each room labeled as to room type. Floor plan modifications must be submitted within seventy-two hours of updating STR platform listings.
6. The rental/lease agreement to be used, or house rules/requirements, which shall include, but not necessarily be limited to, the following:
a. Number of guests allowed, which shall not exceed two (2) per legal bedroom plus two (2) additional guests.
b. Number of vehicles a guest is allowed to park on site and off site per subsection (C)(12) of this section.
c. A nuisance management plan that includes maintaining a decibel reader on site at all times to monitor noise levels.
7. Once the STR permit is issued, the STR permit number must be listed on all platform listing headlines and the platform web links provided to the City.
E. Hosting Platform Requirements.
1. Hosting platforms together with STR owners shall be responsible for collecting all applicable TOTs and remitting the same to the City. The hosting platform shall be considered an agent of the owner for purposes of TOT collections and remittance responsibilities as set forth in Chapter 3.12.
2. Subject to applicable laws, hosting platforms shall disclose to the City on a regular basis each home-sharing and vacation rental listing located in the City, the names of the persons responsible for each such listing, the address of each such listing, the length of stay for each such listing, and the price paid for each stay. Hosting platforms that fail to comply will be subject to fines and penalties pursuant to Section 1.12.080.
3. Hosting platforms shall not complete any booking transaction for any residential property or unit unless it is listed on the City’s registry at the time the hosting platform receives a fee for the booking transaction.
4. A hosting platform operating exclusively on the internet, which operates in compliance with subsections (E)(1), (E)(2), and (E)(3) of this section, shall be presumed to be in compliance with this section, except that the hosting platform remains responsible for compliance with the administrative subpoena provisions of this code.
5. The provisions of this section shall be interpreted in accordance with otherwise applicable state and federal laws and will not apply if determined by the City to be in violation of, or preempted by, any such laws.
8 6. Pursuant to the City’s adoption of SB 346 (Durazo, 2025), short-term rental facilitators shall report the physical address, including the nine-digit zip code, of each short-term rental located within the City every three months. Failure to submit the required report may result in administrative fines, penalties, or an audit initiated by the City. Facilitators shall provide additional information requested by the City, as authorized by SB 346, if the City deems such information necessary to identify a specific short-term rental. Short-term rental facilitators shall include in each listing any applicable local business license number and transient occupancy tax certification issued by the City.
F. Liability and Enforcement.
1. Any owner, owner representative, responsible tenant, person acting as agent, real estate broker, real estate sales agent, property manager, reservation service or otherwise who uses, arranges, or negotiates for the use of residential property in violation of the provisions of this section is guilty of an infraction for each violation, and for each day in which such residential property is used, or allowed to be used, in violation of this chapter.
2. Violations of this chapter may be prosecuted pursuant to Section 1.12.080 and issued a civil penalty not exceeding the amounts set forth in California Government Code Section 36900(d).
3. Retain the ordinance provision prohibiting a short-term rental in any property with an ADU and/or JADU approved after January 1, 2020 and further recommend that enforcement begin on June 30, 2027, to maintain consistency with the 55-foot exclusion- zone provision; and
4. Defer enforcement of the final Ordinance to January 31, 2027, following final approval by the City Council; and
G. Review of Chapter. This chapter shall be reviewed three (3) years after its adoption. At that time, City staff shall evaluate the implementation of the short-term rental (STR) ordinance and present their findings to the planning commission. (Ord. 2026-05 Exh. A, 2026; Ord. 2019-02 § 1 (Exh. A), 2019).
2113522.1
9 September 6, 2026 Item No. 11a
Mayor and Member of the City Council Meeting
City Council of September 15, 2026
THE CITY COUNCIL TO HOLD A PUBLIC HEARING INTRODUCING
ORDINANCE NO. 2026-, IN SUPPORT OF HOUSING ELEMENT PROGRAM 1.4 BY ADDING SECTION 17.51 (RELIGIOUS AND INSTITUTIONAL HOUSING OVERLAY) TO TITLE 17 (ZONING CODE) OF THE CITY OF MARINA MUNICIPAL CODE; AND F IND THESE ACTIONS ARE EXEMPT FROM ENVIRONMENTAL REVIEW PER SECTION 15061(B)(3) OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) GUIDELINES.
RECOMMENDATION
1. Adopt a motion introducing Ordinance No. 2026, amending Title 17 (Zoning Ordinance) to implement Program 1.4 of the Housing Element.
2. Find that adoption of the ordinance is exempt from the California Environmental Quality Act (CEQA) per Section 15061(b)(3) of the CEQA Guidelines.
BACKGROUND
On April 11, 2024, the California Department of Housing and Community Development (State HCD) certified the City of Marina’s Housing Element. Since that time, City staff have endeavored to take specific steps to implement the Sixth Cycle Housing Element. I n 2026, approximately six separate actions will be required to be completed by the end of the calendar year. One action is the implementation of Program 1.4 of the Housing Element which mandates a zoning text amendment in support of Assembly Bill 1851 (AB 1851) and Senate Bill 4 (SB 4).
ANALYSIS
Program 1.4 Affordable Housing on Faith Based Properties Several cities throughout the United States have explored the concept of developing underutilized religious land to create housing for their communities. Oftentimes, religious institutions are located on large parcels of land, with ample parking lots or op en spaces. As housing costs increase, these underutilized lots can be transformed into much -needed affordable housing developments for local community members. The City of Marina can use these housing units to meet their Regional Housing Needs Allocation (RHNA) requirement. For religious organizations in the Marina community, this concept also benefits them greatly. Most of the potential properties for this project are located centrally or in residential areas, with easy accessibility to transit stops.
The proposed Religious and Institutional Housing Overlay Zone (RIHO) facilitates the development of affordable housing for very low -income and low -income households on properties owned by religious institutions. RIHO implements Program 1.4 of Marina’s 6th Cycle Housing Element and complies with California Government Code Sections 65913.16 (SB 4), 65913.4, and 65913.6, which require jurisdictions to permit housing as a use by right on lands owned by an independent institution of higher education or religious institution.
August 5, 2026 City Council Meeting
On the August 5, 2026 the City Council directed staff to revise the draft ordinance to make the RIHO provisions apply only within the Downtown Vitalization Specific Plan (DVSP) Core and to not go beyond what may be the minimum required under Senate Bill 4 (SB 4) and AB 1851. Additionally, the City Council directed a review of the ordinance in 2027 during the mid cycle review of the Housing Element. The edits proposed tonight are consistent with this direction. 1 Council Question Regarding Exclusion of Sex Offenders and Persons Convicted of Violent Crimes from Affordable Housing
At the conclusion of the August 5, 2026 public hearing on RIHO, the City Council asked whether the City may exclude registered sex offenders, or persons convicted of homicide or other violent crimes, from affordable housing in the City. Where such individuals may reside, and who may be denied tenancy in a particular development, are matters governed principally by State law and by State and federal fair housing law. The City’s role is a narrow and, to the extent it exists at all, is exercised through tools other than the zoning code.
Two separate bodies of law bear on the question asked by the City Council. First, where a registered sex offender may reside is regulated by State law and enforced by State correctional authorities as a condition of parole or supervision, rather than by the City. State law does give cities a narrow ability to adopt residency restrictions that may be stricter than the State baseline. However, that authority is exercised through a standalone, citywide ordinance of general application rather than through a zoning overlay or a condition imposed on affordable housing . That said, the courts have placed meaningful limits on it. Restrictions applied on a blanket basis, without regard to an individual’s offense or circumstances, have been invalidated by courts where their practical effect was to place most of a community’s rental housing off limits and, in doing so, to increase homelessness and undermine supervision. Any local ordinance , should the City move forward with such a measure, would therefore need to be applied on an individualized basis, tailored to a demonstrated public safety concern, and supported by a record showing that adequate housing remains available within the City.
State law imposes no comparable residency restricti ons on persons convicted of homicide or other violent offenses who are not required to register, so a restriction reaching that broader group would have no corresponding State-law basis.
Second, who may be admitted to or denied tenancy in a particular affordable development is governed largely by State and federal fair housing law and, where public funding is involved, by the requirements of the applicable funding program , whether State (HCD, etc.) or federal (HUD) . Fair housing law prohibits blanket exclusions of persons with criminal records and requires any criminal history screening to be individualized and tied to a legitimate interest in the safety of residents, employees, or property . That said, State law does allow housing to be denied to a registered sex offender where necessary to protect a person at risk. Screening decisions of that nature, however, rest with the housing provider, subject to those laws, and not with the City. A further constraint applies to affordable housing approved under the State streamlining statutes, including those the RIHO implements: the City must approve qualifying projects ministerially and may not impose additional conditions of its own, so occupancy criteria based on criminal history could not lawfully be attached to those approvals.
If the City Council wishes to pursue the subject further, it can direct staff and the City Attorney to return with potential options available to the City, including the scope, limits, and practical enforceability of a standalone ordinance.
CORRESPONDENCE
No applicable correspondence to this permit has been received as of July 30, 2026.
CONFLICT OF INTEREST
City Council members are subject to all aspects of the Political Reform Act. City Council members must not make, participate in making, or attempt to influence in any manner a governmental decision which they know, or should know, may have a material effec t on a financial interest. Staff are not aware that any City Council member owns property within 500 feet of any affected sites. Since this 2 is a legislative act that impacts all zoning districts in which single-family and multifamily dwellings are a permitted or conditionally permitted use, the proposed RIHO is not expected to result in any material effect on City Council members’ financial interest.
EX PARTE COMMUNICATION DISCLOSURES
Adoption of an ordinance is a legislative act of the City Council and therefore ex -parte disclosure does not apply.
ENVIRONMENTAL DETERMINATION
The proposed project is exempt from the California Environmental Quality Act (CEQA) under Section 15061(b)(3), as the adoption of the ordinance will have no reasonable possibility that the project will have a significant effect on the environment. Adoption of the RIHO does not itself approve any specific housing development project, does not authorize physical development on any property, and does not exempt future discretionary projects from otherwise applicable environmental review. Any potential physical environmental effects assoc iated with housing development that is required to be approved ministerially pursuant to Government Code Section 65913.16 would result from development authorized by State law rather than from adoption of this ordinance. Projects within the RIHO that do no t qualify for ministerial approval under Government Code Section 65913.16 remain subject to all otherwise applicable review procedures of the Marina Municipal Code, including environmental review pursuant to CEQA, as applicable.
CONCLUSION
This request is submitted for consideration and recommendation to the City Council.
Respectfully submitted,
________________________
Guido Persicone, AICP
Community Development Director
City of Marina
REVIEWED/CONCUR
______________________
Matthew Mogensen
City Manager
City of Marina
3 ORDINANCE NO. 2026-
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MARINA AMENDING TITLE 17, ARTICLE 5, OF THE MARINA MUNICIPAL CODE BY ADDING A NEW SECTION 17.51 “RELIGIOUS AND INSTITUTIONAL HOUSING OVERLAY”
WHEREAS, the City of Marina adopted its 6th Cycle Housing Element for the 2023 -2031 planning period to identify and plan for the City’s existing and projected housing needs, including the City’s Regional Housing Needs Allocation; and
WHEREAS, Program 1.4 of the City of Marina 6th Cycle Housing Element calls for the City to facilitate affordable housing opportunities on properties owned by religious institutions and institutions of higher education; and
WHEREAS, California Government Code Section 65913.16, enacted through Senate Bill 4, requires local agencies to approve qualifying affordable housing development projects on land owned by religious institutions and independent institutions of higher education through a ministerial approval process, subject to the requirements and limitations of State law; and
WHEREAS, on October 3, 2023, the City Council of the City of Marina authorized the City to accept an allocation not to exceed $85,000 from the Association of Monterey Bay Area Governments (AMBAG) through the Regional Early Action Planning Grants of 2021 pr ogram, known as REAP
2.0, to support eligible planning activities that facilitate housing production and implementation of the City’s Housing Element; and
WHEREAS, on January 23, 2025, the City amended an existing contract dated July 28, 2022, authorizing Rincon Consultants, Inc. to prepare an Economical Housing Toolkit and to create an overlay zone to implement Programs 2.3 and 1.4 of the City’s Housing Element respectively; and
WHEREAS, on March 26, 2026, at a duly noticed public hearing, the Planning Commission received written and verbal testimony regarding the Religious and Institutional Housing Overlay and recommended adoption of the proposed ordinance to the City Council on the condition that Staff adjust the language of the Intent section of the ordinance, reduce the maximum unit size allowed in projects which do not provide 100% deed restricted units, reduce the maximum density allowed in residential zones to 25 dwelling units per acre, and to add language to provide for public meetings for projects proposed pursuant to the Religious and Institutional Housing Overlay to the extent allowed by State law; and
WHEREAS, the Religious and Institutional Housing Overlay is intended to establish local development standards and procedures that implement applicable State law, provide clarity to property owners and project applicants, and facilitate affordable housing o n eligible institutional properties; and
WHEREAS, projects that qualify for approval pursuant to Government Code Section 65913.16 are subject to the ministerial approval provisions of that statute and the Religious and Institutional Housing Overlay; and
WHEREAS, projects within the Religious and Institutional Housing Overlay that do not qualify for ministerial approval under Government Code Section 65913.16 remain subject to all otherwise applicable review procedures of the Marina Municipal Code, includin g environmental review pursuant to the California Environmental Quality Act, as applicable; and
4 WHEREAS, adoption of the Religious and Institutional Housing Overlay does not itself approve any specific housing development project, does not authorize physical development on any property, and does not exempt future discretionary projects from otherwise applicable environmental review; and
WHEREAS, the City Council finds that adoption of the Religious and Institutional Housing Overlay is exempt from CEQA pursuant to CEQA Guidelines Section 15061(b)(3), the common -sense exemption, because it can be seen with certainty that there is no possibi lity that adoption of the ordinance itself would have a significant effect on the environment; and
WHEREAS, any potential physical environmental effects associated with housing development that is required to be approved ministerially pursuant to Government Code Section 65913.16 would result from development authorized by State law rather than from adoption of this ordinance; and
WHEREAS, all the requirements of the Public Resources Code, the State CEQA Guidelines, and the regulations and policies of the City have been satisfied or complied with by the City in connection with the Project; and
WHEREAS, the findings and conclusions made by the City Council in this Ordinance are based upon the oral and written evidence presented as well as the entirety of the administrative record for the proposed Project, which is incorporated herein by this reference. The findings are not based solely on the information provided in this Ordinance; and
WHEREAS, the location and custodian of the documents or other materials which constitute the record of proceedings upon the City Council’s decision are located in the Office of City Clerk; and Now, therefore, the City Council of the City of Marina does find and ordain as follows:
SECTION 1. The foregoing recitals are adopted as findings of the City Council as though set forth fully herein.
SECTION 2. The City Council finds that adoption of this Ordinance is exempt from the California Environmental Quality Act pursuant to CEQA Guidelines Section 15061(b)(3), the common sense exemption, because it can be seen with certainty that there is no possibility that adoption of the Ordinance itself would have a significant effect on the environment. The Ordinance establishes zoning standards and procedures to implement State law and th e City’s Housing Element, does not approve any specific development project, and does not authorize physical development. Projects that qualify for ministerial approval under Government Code Section 65913.16 shall be processed in accordance with that statute. Projects that do not qualify for ministerial approval under Government Code Section 65913.16 shall remain subject to all otherwise applicable review procedures of the Marina Municipal Code and environmental review pursuant to CEQA, as applicable.
SECTION 3. Amendment of the Code. New Chapter 17.51, “Religious and Institutional Housing Overlay,” is added to Title 17 of the Marina Municipal Code to read as follows:
17.51 Religious and Institutional Housing Overlay.
17.51.010 Purpose and Intent.
The Religious and Institutional Housing Overlay Zone (RIHO) facilitates the development of affordable housing for very low-income and low-income households on properties owned by religious institutions. Many of these properties have portions of underutilized land, parking areas, or open space that may provide opportunities for housing development while allowing continued institutional use.
The RIHO implements Program 1.4 of Marina’s 6 th Cycle Housing Element and helps address the City’s Regional Housing Needs Allocation (RHNA). State law, including California Government 5 Code Sections 65913.16 (Senate Bill 4), 65913.4, and 65913.6, requires jurisdictions to permit qualifying housing developments as a use by right on lands owned by religious institutions through a ministerial approval process, which limits local discretion to prohibit such development. This overlay zone establishes local development standards to implement these state requirements and provide clarity to property owners and project applicants.
17.51.020 Applicability.
A. The RIHO shall apply to properties in the City of Marina listed in Table 1 that were owned on or before January 1, 2024, by one or more of the following categories of institutions:
1. Religious institutions;
Table 1
Institution Address APN Underlying Zone
Compass Church Marina 3131 Crescent Ave 032171031000 DVSP Core
17.51.030 Permitted Uses.
A. The RIHO permits all uses allowed under the underlying zoning and the following uses:
1. Single-family residences
2. Duplex / Two-family residences
3. Multiple-family dwellings;
4. Bungalow court or grouped dwellings;
5. Condominiums shall be allowed in accordance with the standards allowed in Chapter 17.66;
6. Accessory dwelling units pursuant to the provisions of Section 17.42.040;
7. Senior housing;
8. Home occupations pursuant to Section 17.42.110;
9. Efficiency units, as defined by Cal. Health and Safety Code § 17958.1;
10. Childcare centers, recreational, social, or educational facilities operated by community-based organizations are allowed as a ground-floor ancillary use for projects that meet requirements as defined by Government Code § 65913.6.
11. Transitional housing pursuant to Section 17.04.711;
12. Supportive housing pursuant to Section 17.04.698;
13. Emergency shelters pursuant to Section 17.04.292.
17.51.040 Application and Review.
A. Housing development projects meeting RIHO standards are subject to and the following application filing requirements:
1. Form of Application. An application for a project approval shall be completed on a form provided by the Planning Department.
2. Environmental Review of SB4 Qualifying Applications. Projects proposed within the Religious and Institutional Housing Overlay District that qualify for approval pursuant to California Government Code Section 65913.16 shall be processed in accordance with the ministerial approval provisions of that statute and this chapter.
3. Environmental Review of applications which do not qualify for approval under SB4. Projects within the Overlay District that do not qualify for ministerial approval under Government Code Section 65913.16 shall be subject to all otherwise applicable review procedures of the Municipal Code. Such projects shall require environmental review in accordance with the California Environmental Quality Act, including preparation of the appropriate environmental documentation (e.g., exemption, negative declaration, mitigated negative declaration, or 6 environmental impact report) as determined by the City. Approvals for a project not qualifying under Government Code Section 65913.16 shall not be granted until the City has completed the required environmental review pursuant to CEQA.
4. Ministerial Approval. Administrative approval is ministerial in nature and may be conducted at the staff level under the general direction of the Community Development Director. A public community meeting prior to filing an application is required to the extent allowed by state law. Approval shall be granted by the Community Development Department only when the permit application contains sufficient information for the Community Development Department to verify that the proposed use will be consistent with the standards outline d in this subsection. No building, grading or other construction permit shall be issued by the responsible department until the administrative approval process has been conducted by the planning department. Compliance with the requirements of this section shall not, however, waive any additional requirements for compliance such as an application for a lot line adjustment, merger of parcels, or subdivision in conjunction with approval of an application.
A separate application for the lot line adjustment, merger of parcels, or appropriate subdivision map shall proceed in accordance with Title 16.
5. Approval. The Community Development Director shall approve any application that complies with all requirements of this section.
6. Notice of Decision. A notice of decision shall be sent to both the applicant and the applicant’s representative (as shown on the application) via first-class mail and postage prepaid or email and shall be provided to any person who has made a written request for a copy of the decision.
The decision of the Community Development Director shall be final and conclusive.
7. Expiration of Administrative Review. Within two years of the date of approval by the Community Development Director, construction shall have commenced or the approval shall become null and void. A one-year extension may be granted by the Community Development Director for good cause if the project is compliant with the original approval.
17.51.050 General Regulations.
A. Relationship to State Density Bonus Law.
1. At the discretion of the applicant, the incentives provided pursuant to the RIHO may be combined with the incentives provided pursuant to state density bonus law California Government Code Section 65915, as may be amended.
B. Affordable Housing Requirements.
1. Enhanced Affordability Standard. One hundred percent of the development project’s total units, exclusive of a manager’s unit or units, are for lower income households, as defined by Chapter 17.48.060 Affordable Housing Standards, except that up to 20 percent of the total units in the development may be for moderate-income households, and 5 percent of the units may be for staff of the institution that owns the property. Units in the development shall be offered at affordable housing cost or affordable rent, as set in an amount consistent w ith Chapter 17.48.060 Affordable Housing Standards. The rent or sales price for a moderate - income unit shall be affordable and shall not exceed 30 percent of income for a moderate - income household or homebuyer for a unit of similar size and bedroom count in the same ZIP Code in the city.
7 2. Agreement. Prior to issuance of building permits, the applicant shall execute an agreement with the City. The agreement shall be in a form approved by the City Attorney and executed by the City Manager. . It shall require affordability of the affordable dwelling units for a period of not less than fifty-five years for units that are rented and forty -five years for units that are owner occupied and shall be recorded with the County Recorder.
C. Required Parking for Existing RIHO Uses.
1. Definition. “RIHO -use parking spaces” means off-street parking required for an proposed religious institution or an existing use, religious institutions
2. Parking Reductions. The reduction or elimination of RIHO -use parking spaces to accommodate a proposed housing development pursuant to this chapter shall not exceed:
a. For an existing RIHO l use to be retained: 50 percent of the number of institutional -use parking spaces available at the time of the request.
b. For a newly constructed RIHO use: 50 percent of the number of parking spaces required for the RIHO uses.
17.51.060 Development Standards.
A. For a housing development project developed in accordance with this Chapter, the following standards shall apply. A property owner may elect to develop the site under the underlying zoning district, in which case the standards of that district shall govern.
1. Development Standards for Projects meeting the Enhanced Affordability Standard. Projects that comply with the Enhanced Affordability Standard shall meet the following development standards:
a. Maximum Density. The maximum density shall be the greatest of the following:
i. The maximum density allowed by the property’s underlying zoning district; ii. The maximum density allowed by the underlying zoning district of any adjoining parcel;
iii. 25 dwelling units per acre for properties with a residential underlying zoning district; or
iv. 50 dwelling units per acre for properties with a non -residential underlying zoning district.
b. Maximum Building Height. The maximum building height shall be the greater of the following:
i. One story, or 11 feet, above the maximum height allowed by the property’s underlying zoning district, or
ii. The maximum height allowed by the underlying zoning district of any adjoining parcel.
c. Setbacks. Front, side, and rear setbacks shall be those of the underlying zoning district. d. Site Coverage. The greater of the maximum site coverage of the underlying zone or 70%. e. Off Street Parking. Off-street parking for residential units developed pursuant to this chapter shall be provided at the following rates.
i. One off-street parking space per dwelling unit is required. ii. No off-street parking shall be required if the property is located within one -half mile walking distance of public transit, either a high -quality transit corridor or a major transit stop as defined in subdivision (b) of Section 21155 of the Public Resource s Code.
8 f. Total Open Space Required. Developments shall provide the lesser of the minimum required by the underlying zone or 200 square feet of open space per dwelling unit. Open space may be provided as private or common open space or combination thereof. g. Design Standards. Housing development projects, as defined in Chapter 17.04, Definitions, shall comply with the City of Marina Residential Mixed -Use Objective Design Standards unless located within a Specific Plan area, in which case, the development shall be subject to the design standards of that Specific Plan.
SECTION 4. Severability. If any section, subsection, clause or phrase of this Ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted the Ordinance and each section, subsection, sentence, clause, or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases be declared invalid.
SECTION 5. Implementation. The City Manager is directed to execute all documents and to perform all other necessary acts to implement this Ordinance.
SECTION 6. Effective Date. This Ordinance shall be in full force and effect thirty (30) days after its final passage and adoption.
SECTION 7. In fiscal year 2027-2028 city staff shall review the effectiveness of the ordinance and report findings to the Planning Commission.
I HEREBY CERTIFY that the foregoing Ordinance was introduced at a regular meeting duly held on the 15th day of September 2026, and was passed and adopted by the City Council of the City of Marina at a regular meeting duly held on the 6th day of October 2026, by the following vote:
AYES, COUNCIL MEMBERS:
NOES, COUNCIL MEMBERS:
ABSENT, COUNCIL MEMBERS:
ABSTAIN, COUNCIL MEMBERS:
_________________________________
Bruce Delgado, Mayor
ATTEST:
_________________________________
Anita Sharp, Deputy City Clerk
9 September 11, 2026 Item No. 11b
Honorable Mayor and Members City Council Meeting
of the Marina City Council of September 15, 2026
CITY COUNCIL TO CONSIDER ADOPTING ORDINANCE NO. 2026-xx,
AN URGENCY ORDINANCE PROHIBIT ING THE PROCESSING AND
APPROVAL OF NEW DATA CENTER LAND USE APPLICATIONS
WITHIN CITY LIMITS TO ALLOW FOR EVALUATION OF THE
PUBLIC WELFARE AND ENVIRONMENTAL IMPACTS AND THE
ENACTMENT OF FURTHER AND APPROPRIATE REGULATIONS
CONCERNING THE SAME PURSUANT TO GOVERNMENT CODE
SECTION 65858(a).
REQUEST:
It is requested that the City Council:
1. Adopt Urgency Ordinance No. 20 26-xx to t emporarily prohibit land use applications for data centers and/or the establishment and operation of data centers within the city limits pursuant to Government Code Section 65858(a); and
2. Determine that the adoption of the Urgency Ordinance is not subject to environmental review pursuant to the CEQA Guidelines Section 15061(b)(3) because the proposed procedural changes would not result in a direct or a reasonably foreseeable indirect physical change in the environment.
BACKGROUND:
State law permits the City to adopt a temporary moratorium ordinance —prohibiting otherwise permitted uses —when those uses conflict with potential land use proposals that the City is considering, studying, or intending to study within a reasonable time. Adoption of such ordinances require a four-fifths vote of the Council. As part of the moratorium ordinance, the Council must find that there is a current and immediate threat to the public health, safety or welfare of City residents.
Data centers provide the necessary computing hardware —servers, storage systems, and networking equipment —for the digital economy. However, communities nationwide are experiencing the repercussions from accelerating data center land uses, including: increased demands for energy and water consumption; increased noise; crime and security issues; diminished air quality; pollution; aesthetic impacts; and decreased property values and quality of life to surrounding neighborhoods. Existing utility infrastructure, especially in smaller communities, is often unable to support data centers’ intensive demand for electricity, water, and sewage systems.
Currently, the City’s Zoning Code does not regulate , restrict, nor define, data center land uses.
Certain areas of the city (e.g., specific plan areas) allow industrial uses and utilities to be principally permitted or permitted with a conditional use permit. Depending on how data centers are defined and categorized, they may be allowed in some plan ar eas, particularly in areas zoned for industrial uses. If data centers were to be allowed in all industrially zoned districts, data centers would potentially be allowed in nearly all such undeveloped areas within the City.
In addition, the State of California is considering Assembly Bill 2469, which would prohibit a local agency from approving construction of a new, or expansion of an existing, data center unless the project applicant provides the local agency with analysis of certain project needs. For instance, the applicant would need to supply the city with a water supply assessment, a water scarcity plan 1 1
(beginning January 1, 2028), and other disclosures regarding the workforce needs associated with the data center project. AB 2469 would also require a data center proponent to assume the full cost of any water infrastructure upgrades necessary to provide water service to the data center.
ANALYSIS:
California State law, Government Code Section 65858, allows a city to adopt an interim urgency ordinance prohibiting a specified use while the city studies more restrictive land use regulations for that use. Section 65858(a) provides that “to protect the public safety, health, and welfare,” a legislative body may adopt an interim ordinance “prohibiting any uses that may be in conflict with a contemplated general plan, specific plan, or zoning proposal” that th e city “is considering or studying or intends to study within a reasonable time.” A temporary moratorium on the establishment of data center uses will allow the City time to conduct research and provide analysis on regulations and standards that could be appropriately applied to data centers. To utilize this statute, the City Council must find that the use poses a current and immediate threat to the public health, safety, or welfare and it must approve the ordinance by a four -fifths vote. The interim ordinance is valid for a period of 45 days. It may be extended after notice and a public hearing for 10 months and 15 days, and subsequently extended for one year, upon authorization of the City Council.
It is generally accepted that data centers place significant demands on public utilities and infrastructure and create substantial environmental and land use impacts . As a high-impact land use, restrictions further limiting where d ata centers may be located within the City, as well as regulations addressing conservation of community resources (e.g., water supply and sewer capacity), public services, and community safety, may be appropriate. The City of Marina to date has established no such standards. Over the past several months, cities around the state have adopted moratoria on the establishment of data centers in their communities (e.g., Morgan Hill, Oakley, and Monterey Park) while they study similar regulations on data centers’ location and operations. Other cities have already established substantive policies or regulations regarding data center uses (e.g., Gilroy and San Jose).
Given that other commun ities have put moratoria in place or established regulations for data centers, it is possible that cities such as Marina, without regulations on data centers, could become more appealing for the establishment of this use. An urgency ordinance is recommended to temporarily prohibit the establishment of data center uses until Staff have time to study appropriate approaches for the city and research other regulations. This matter is urgent because without a moratorium, several data centers could potentially locate in the City’s industrial zoning districts.
Without a temporary moratorium, and absent zoning regulations that govern the location of data centers, data centers may be located in areas that create land use compatibility conflicts and could result in impacts related to use of community resources and community safety.
The proposed urgency ordinance will enable Staff to time to conduct research, evaluate impacts, gather public input, and ultimately draft zoning regulations that foster economic growth while protecting the City’s residents. The City shall not receive, accept, process, or approve any data center land use application as long as the ordinance is in effect, including any requests to amend an existing zoning district to add data center as an allowable use. Under Government Code Section 65858, the City Council must find that the use poses a current and immediate threat to the public health, safety, or welfare and it must approve the ordinance by a four -fifths vote. The interim ordinance is valid for a period of 45 days. It may be extended after notice and a public hearing for 10 months and 15 days, and subsequently extended for one year, upon authorization of the City Council. In total, the urgency moratorium may last for two years.
2 2
FISCAL IMPACT:
There are no fiscal implications in connection with the urgency ordinance to establish a temporary moratorium on firearm and ammunition retail establishments by an additional 10 months and 15 days.
ENVIRONMENTAL DETERMINATION:
The City has determined that the proposed action is not a project as defined by the California Environmental Quality Act (CEQA) (CCR, Title 14, Chapter 3 (“CEQA Guidelines”), Article 20, Section 15378). In addition, CEQA Guidelines Section 15061 (b) includes the general rule that CEQA applies only to activities which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.
Because the proposed urgency ordinance and temporary moratorium on establishing and operating new data centers has no potential to cause any direct or any reasonably foreseeable indirect physical change on or in the environment, adopting this ordinance is not considered a project under CEQA. Any subsequent discretionary projects resulting from this action will be assessed for CEQA applicability.
ATTACHMENTS:
Draft Ordinance 2026-xx
Respectfully submitted,
____________________________
Guido Persicone
Community Development Director
City of Marina
REVIEWED/CONCUR:
_____________________________
Matt Mogensen
City Manager
City of Marina
3 3
ORDINANCE NO. 2026-xx
AN URGENCY ORDINANCE OF THE COUNCIL OF THE CITY OF
MARINA TEMPORARILY PROHIBITING THE PROCESSING AND
APPROV AL OF NEW DATA CENTER LAND USE APPLICATIONS
WITHIN CITY LIMITS TO ALLOW FOR EV ALUATION OF THE PUBLIC
HEALTH AND WELFARE AND ENVIRONMENTAL IMPACTS AND THE
ENACTMENT OF FURTHER AND APPROPRIATE REGULATIONS
CONCERNING THE SAME PURSUANT TO GOVERNMENT CODE
SECTION 65858(a)
-oOo-
THE CITY COUNCIL OF THE CITY OF MARINA DOES HEREBY ORDAIN AS FOLLOWS:
1. The City Council finds that it is necessary to adopt this ordinance pursuant to Government Code section 65858(a) to protect the public health, safety, and welfare of the residents of Marina. This ordinance is intended to temporarily prohibit the processing and approval of new data center land use applications in the City pending further review and study.
2. Data centers provide the computing hardware—servers, storage systems, and networking equipment—to power the digital economy; such hardware enables large-scale software systems to handle traditional computational workloads, supports cloud-based storage and web services, and provides the massive processing capabilities required for generative artificial intelligence.
3. The City’s Zoning Code does not currently explicitly regulate or restrict the establishment or operation of data center land uses different from other general industrial uses, nor has the City previously approved any data center use permit within jurisdictional limits.
4. At its City Council meeting on September 15, 2026, the Council held a public hearing regarding data center land uses and deliberated concerning the potential and asserted impacts to public health and the environment should any developer apply for, and receive, a Use Permit or other approval for a data center land use.
EXHIBIT A
4 5. Pursuant to the City of Marina’s police power, the City Council of the City of Marina has the authority to enact and enforce ordinances and regulations for the public peace, morals, and welfare of the City and its residents.
6. California Government Code Section 65858 provides that, without following the procedures otherwise required prior to the adoption of a zoning ordinance and for the purpose of protecting the public safety, health and welfare, the City Council may adopt, as an urgency measure, an interim ordinance prohibiting any uses which may be in conflict with “a contemplated general plan, specific plan, or zoning proposal that the City Council, planning commission or the planning department is considering or studying or intends to study within a reasonable time.”
7. Consistent with the above authority, and in response to conditions and evidence of which it has recently become aware, the City Council desires to adopt a moratorium prohibiting the processing and approval of data center land uses to allow for evaluation of the acceptable scope and development standards of such uses within the City.
8. This matter is urgent, and the subject of a temporary moratorium, because a number of data centers could potentially currently locate in a number of zoning districts throughout the City, without clear local regulation.
9. Without a temporary moratorium, and absent zoning regulations that govern the location of data center land uses, new data centers may be established in areas that result in compatibility conflicts, and may require a level of community resources and services that could have a detrimental effect on the health, safety and welfare of the community.
10. The City Council finds that the foregoing conditions exist, which require the immediate preservation of the public health, safety, and welfare or the community pursuant to California Government Code Section 65858. This ordinance establishes a moratorium for forty-five (45) days prohibiting data center land use in all zoning districts.
EXHIBIT A
5 11. In light of these findings and all evidence in the record, including, but not limited to the staff report accompanying this Urgency Ordinance, the City Council finds that this moratorium is justified in accordance with Government Code section 65858.
12. Environmental. The proposed Urgency Ordinance is not subject to environmental review pursuant to the State CEQA Guidelines, California Code of Regulations, Title 14, Article 5, Section 15061(b)(3) because the proposed procedural changes would not result in a direct or a reasonably foreseeable indirect physical change in the environment and the proposed ordinance is covered by the general rule that CEQA applies only to projects which have potential for causing significant effect on the environment. Therefore, the adoption of this ordinance is exempt from CEQA, and no further environmental review is necessary.
13. Effective Date. This Ordinance is declared to be an urgency measure adopted pursuant to Government Code Section 65858. As set forth in the findings above, this Ordinance is necessary for preserving the public safety, health, and welfare. Pursuant to Government Code section 65858, this Ordinance is effective immediately by a 4/5 vote of the City Council and shall be in full force and effect for 45 days from the date of its adoption. This 45 -day period may be extended by the City Council in accordance with the provisions of Government Code section 65858.
14. Severability. If any portion of this Ordinance is found to be unconstitutional or invalid the City Council hereby declares that it would have enacted the remainder of this Ordinance regardless of the absence of any such invalid part.
15. Posting of Ordinance. Within fifteen (15) days after the passage of this Ordinance, the City Clerk shall cause it to be posted in the three (3) public places designated by resolution of the City Council.
The foregoing Ordinance was introduced at a regular meeting of the City Council of the City of Marina duly held on September 15, 2026, and was passed and adopted at a regular meeting duly held on ________________, 2026, by the following vote:
EXHIBIT A
6 AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
Bruce C. Delgado, Mayor
ATTEST:__________________________
Anita Sharp, Deputy City Clerk
2121992.1
EXHIBIT A
7 September 9, 2026 Item No. 13a
Honorable Mayor and Members City Council Meeting
of the Marina City Council of September 15, 2026
CITY COUNCIL TO ADOPT RESOLUTION NO. 2026-, AUTHORIZING
STAFF TO ISSUE A REQUEST FOR PROPOSALS TO SOLICIT
QUALIFIED OPERATORS FOR A LON G-TERM CONCESSIONAIRE
AGREEMENT AT MARINA EQUESTRIAN CENTER TO INCLUDE
EDUCATIONAL, CULTURAL, RECREATIONAL, AND ENTERTAINMENT
EVENTS AND PROGRAMS IN ADDITION TO EQUESTERIAN USES
REQUEST: It is requested that the City Council consider:
1. Adopting Resolution No. 2026-, authorizing the City Manager to issue a Request for Proposals (RFP) to solicit qualified operators for a long-term concessionaire agreement at Marina Equestrian Center Park to include educational, cultural, recreational, and entertainment event and programs in addition to equestrian uses.
BACKGROUND:
The Marina Equestrian Center Park (MEC Park) is a 27.235-acre property acquired by the City on April 13, 1998, from the United States of America as surplus property. The property was conveyed pursuant to the Defense Base Closure and Realignment Act of 1990 and the Federal Property and Administrative Services Act of 1949, subject to perpetual restrictions requiring its use exclusively for public park and public recreation purposes in accordance with an approved Program of Utilization. The National Park Service (NPS) retains oversight authority, and the United States retains enforcement authority, including reversionary rights.
Beginning in December 30, 2022, the City entered into a Concessionaire Agreement with Chaparral Country Corporation for equestrian operations at MEC Park. However, during 2025, the City identified multiple material violations of that Agreement.
The City issued Notices to Cure on September 23, 2025, and November 26, 2025, to Chaparral Country Corporation. Chaparral Country Corporation failed to provide any written response to either notice or to cure the identified breaches within the required timeframes.
On December 18, 2025, pursuant to Section 27.b of the Agreement, the City issued a Notice of Automatic Termination, effective immediately, due to failure to cure material breaches as set forth in the Notices to Cure.
On March 5, 2026, City Council directed staff to develop other programing options and update the Request for Proposal to solicit qualified operators for a long -term concessionaire agreement at Marina Equestrian Center Park to include educational, cultural, recreational, and entertainment event and programs in addition to equestrian uses. Council also directed that the RFP include the option for responders to propose a smaller or larger footprint for equestrian uses.
ANALYSIS:
Staff recommends that the City Council authorize the City Manager to issue the updated Request for Proposals (RFP) to solicit qualified operators for a new concessionaire agreement. (EXHIBIT A) The RFP process will allow the City to:
• Identify qualified operators with demonstrated experience in conducting, facilitating, and running an educational, cultural, recreational, and entertainment facility in addition to 1 managing an equestrian facility;
• Evaluate proposals based on operational plans, financial capacity, facility improvement program, and alignment with the Property's public recreation mission; • Ensure compliance with federal conveyance requirements and NPS oversight; • Establish fair and transparent terms for long-term operations; and • Maximize public benefit and appropriate revenue to the City.
Staff anticipates the RFP process will take approximately five to six months, which includes time for issuing the RFP, receiving and evaluating proposals, and bringing back recommendations to the City Council to consider the award of a new concessionaire agreement. Any proposed long - term concessionaire agreement will require NPS concurrence pursuant to the Public Conveyance Deed.
In recent discussions with the National Park Service, they have confirmed that the City can operate other park and recreation uses on the property so long as they are compliant with NPS restrictions that the property must be used only for public (not priva te) recreation and park uses , and subject to an approved Program of Utilization.
Examples of different uses could include: a cycle park open to the public that might include a cyclocross course, criterium course, mountain bike pocket park, velodrome, and inline skating course; or zipline, ropes course, and team building course; or park for day and overnight camping; or a par three golf and miniature golf course ; or facilities and programs that provide public educational and cultural opportunities, such as environmental education, nature interpretation, cultural exhibits, community events, arts and cultural programming, and educational workshops.
If the RFP process is unsuccessful in securing a concessionaire that can meet or exceed the City’s expectations for a wide range of recreational amenities and programming options, the City will conduct a feasibility study to more accurately identify what s pecific other uses might be better suited for the property.
FISCAL IMPACT:
The fiscal impact will be minor, involving staff time preparing and issuing the request for proposals and reviewing the proposals after they are submitted.
CONCLUSION:
This request is submitted for City Council consideration and comment.
RECOMMENDED:
Elizabeth Crisante
Recreation & Cultural Services Director
City of Marina
REVIEWED/CONCUR:
Matt Mogensen
City Manager
City of Marina
2 RESOLUTION NO. 2026-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MARINA DIRECTING
AND AUTHORIZING THE CITY MANAGER TO ISSUE A REQUEST FOR PROPOSALS
TO SOLICIT QUALIFIED OPERATORS FOR A LONG-TERM CONCESSIONAIRE
AGREEMENT TO INCLUDE EDUCATIONAL, CULTURAL, RECREATIONAL, AND
ENTERTAINMENT EVENTS AND PROGRAMS IN ADDITION TO EQUESTERIAN USES AT MARINA EQUESTRIAN CENTER PARK.
WHEREAS, the City of Marina ("City") owns certain land totaling 27.235 acres known as the Marina Equestrian Center Park ("MEC Park" or "Property"), obtained from the United States of America as surplus property and deeded to the City on April 13, 1998; and WHEREAS, said conveyance occurred by Quitclaim Deed pursuant to the Defense Base Closure and Realignment Act of 1990, as amended, and the Federal Property and Administrative Services Act of 1949, as amended, and imposes perpetual restrictions requiring use of the Property exclusively for public park and public recreation purposes; and
WHEREAS, the Quitclaim Deed provides that the Property shall not be sold, leased, assigned or otherwise disposed of except to another eligible governmental agency, but permits the City to provide related recreational facilities and services compatible with the approved application through concession agreements with third parties, provided prior concurrence is obtained in writing from the Secretary of the Interior or their delegated repre sentative, the National Park Service ("NPS"); and
WHEREAS, on December 30, 2022, the City entered into a Concessionaire Agreement with Chaparral Country Corporation for equestrian operations at MEC Park; and WHEREAS, during 2025, the City identified multiple material violations of said Agreement by Chaparral Country Corporation, including failure to maintain the property in good condition, failure to comply with applicable laws, lapse in required insurance coverage, unauthorized assignment of the Agreement, and failure to submit required revenue reports and payments; and WHEREAS, the City issued Notices to Cure on September 23, 2025 and November 26, 2025, and Chaparral Country Corporation failed to provide any written response or cure the identified breaches within required timeframes; and
WHEREAS, on December 18, 2025, the City issued a Notice of Automatic Termination of the Concessionaire Agreement, effective immediately, pursuant to Section 27.b thereof; and WHEREAS, the City desires to conduct a competitive solicitation process to identify a qualified operator for a long-term concessionaire agreement for equestrian programs at MEC Park; and WHEREAS, a Request for Proposals process will allow the City to evaluate prospective operators based on experience, operational plans, financial capacity, and alignment with the Property's public recreation mission and federal conveyance requirements; and
WHEREAS, on March 5, 2026, City Council directed staff to develop other programing options and update the Request for Proposal to solicit qualified operators for a long -term concessionaire agreement at Marina Equestrian Center Park to include educational, cultural, recreational, and entertainment events and programs in addition to equestrian uses. Council also directed that the RFP include the option for responders to propose a smaller or larger footprint for equestrian uses. 3 Resolution No. 2026
Page Two
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Marina as follows:
1. The above recitals are hereby incorporated by reference;
2. The City Manager is hereby authorized to issue a Request for Proposals (RFP) to solicit qualified operators for a long-term concessionaire agreement to include educational, cultural, recreational, and entertainment event and programs in addition to equestrian uses at the Marina Equestrian Center Park, consistent with the requirements of the Quitclaim Deed and applicable federal regulations.
PASSED AND ADOPTED by the City Council of the City of Marina at a regular meeting duly held on the 15th day of September 2026, by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSTAIN: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
Bruce C. Delgado, Mayor
ATTEST:
Anita Sharp, Deputy City Clerk
4 Request for Proposals for Concession
at the Marina Equestrian Center Park
to Provide Educational, Entertainment,
and Recreational Facilities and
Programs to the Public
ISSUE DATE: September 18, 2026
IDEAL USE FOR:
Cultural, Educational Learning, Entertainment
Opportunities, Equestrian Center, Adventure
Programming, and Fitness-Based Activities
Optional Site Visit & Pre-proposal Conference Scheduled for: 11:00 a.m., Wednesday, October 14, 2026
Submit Responses to:
Ismael Hernandez, Public Works Director, and
Elizabeth Crisante, Recreation & Cultural Services Director
CITY OF MARINA
211 HILLCREST AVENUE
MARINA CA 93933
Responses Must Be Received by 2:00 p.m.,
Wednesday, November 12, 2026
EXHIBIT A
5 TABLE OF CONTENTS
I. OVERVIEW .................................................................................................................................................. 4 B. BACKGROUND. ...................................................................................................................................... 4 C. CITY GOALS AND OUTCOMES FOR FACILITY. ........................................................................................ 5 D. SCOPE OF SERVICES .............................................................................................................................. 6 E. OPERATING RESPONSIBILITIES.............................................................................................................. 9 F. MINIMUM MANDATORY REQUIREMENTS. ........................................................................................ 10 II. CITY AND NATIONAL PARK SERVICE AUTHORITY AND OVERSIGHT ....................................................... 11 A. NATIONAL PARK SERVICE REVIEW ..................................................................................................... 11 B. CITY RESPONSIBILITIES. ....................................................................................................................... 11 C. CITY OPTION TO REJECT PROPOSAL. .................................................................................................. 11 D. FINAL CONTRACT BY CITY COUNCIL. .................................................................................................. 11 E. NOTICE TO PROPOSERS REGARDING THE PUBLIC RECORDS ACT. ..................................................... 12 F. COMPLIANCE WITH LAWS: PERMITS AND LICENSES. .......................................................................... 12 G. CONFLICT OF INTEREST. ..................................................................................................................... 12 H. GRATUITIES. ........................................................................................................................................ 13
1. DETERMINATION OF PROPOSER’S RESPONSIVENESS AND RESPONSIBILITY ...................................... 13 III. FINANCIAL .............................................................................................................................................. 13 A. CONTRACT TERM/CONCESSION TERM AND CONCESSION COMMENCEMENT DATE ....................... 13 B. FINANCIAL CAPABILITY. ...................................................................................................................... 13 C. PAYMENT OF RENTAL ......................................................................................................................... 14 D. SECURITY DEPOSIT. ............................................................................................................................ 14 E. CITY AUDIT INFORMATION. ................................................................................................................ 14 F. PROVISION OF UTILITIES ..................................................................................................................... 15 IV. INSURANCE. .................................................................................................................................... 15 V. PROPOSAL SUBMISSION REQUIREMENTS ............................................................................................. 15 A. RFP TIMETABLE. .................................................................................................................................. 15 B. PROPOSAL WITHDRAWALS. ............................................................................................................... 16 C. CONTACT WITH CITY/PROPOSERS QUESTIONS .................................................................................. 16 D. VERIFICATION OF INFORMATION ....................................................................................................... 16 E. PROPOSAL SUBMISSION ..................................................................................................................... 17 F. PREPARATION OF THE PROPOSAL. ..................................................................................................... 17 VI. SIGNATURE AUTHORIZATION. ........................................................................................................ 20 VII. SELECTION PROCESS AND EVALUATION CRITERIA .............................................................................. 21 A. SELECTION PROCESS ........................................................................................................................... 21 B. ADHERENCE TO MINIMUM REQUIREMENTS (PASS/FAIL) ................................................................. 21 C. ADHERENCE TO FORMAT. .................................................................................................................. 21 D. EVALUATION AND CRITERIA ............................................................................................................... 21
RFP ATTACHMENT 1
Draft Form of Agreement and Insurance Requirements (Exhibit A)
6 RFP APPENDIX A
REFERENCED DOCUMENTS
A.1 Quitclaim Deed
A.2 Program of Utilization and Site Map
RFP APPENDIX B
REQUIRED FORM (see RFP Section V.F. Preparation of the Proposal, beginning on page 17) B.1 Proposed monthly concession fee to the City
7 REQUEST FOR PROPOSALS: MARINA
EQUESTRIAN CENTER PARK
I. OVERVIEW
A. PURPOSE
The City of Marina is issuing this Request for Proposals (RFP) to solicit proposals for a Concession Agreement for the parcel known as the Marina Equestrian Center Park (herein referred to as “MEC Park”), deeded from the US Government to the City of Marina on April 13, 1998, under the National Park Service’s Federal Lands to Parks Program.
This is a unique opportunity to enter into an agreement to operate a multi-use recreational facility with associated amenities that has at its core a public cultural, educational learning, entertainment opportunities, and equestrian center, located at the gateway to the historic Fort Ord National Monument. Proposed uses of the property are to be consistent with:
(1) Quitclaim Deed recorded in the County of Monterey on April 24, 1998 (Appendix A.1); and (2) Program of Utilization (POU) dated March 21, 2017 (Appendix A.2) 1.
Proposals that fully maximize the site’s potential as a multi-use recreational, educational, and entertainment facilities consistent with City goals and requirements will be favorably considered. Joint proposals between entertainment, educational, equestrian, cultural, and/or recreational groups that achieve this outcome are highly encouraged.
B. BACKGROUND
The City of Marina solicits proposals for the concession and operation of the Marina Equestrian Center facility located at Fifth Avenue and 9th Street, Marina, California 93933. The MEC Park, with over 16,000 square feet of building space was conveyed to the City in 1998, for public recreational use. The MEC Park’s prime location affords it the ability to be the Gateway to the Monterey Peninsula and the Ford Ord National Monument. It offers convenient access to more than 86 miles of trails on the former Fort Ord, sits less than two miles from Downtown Marina, and is in close proximity to the Fort Ord Dunes State Park.
The existing park site contains many historic former military buildings, some of which have been weatherized to preserve the structure but need rehabilitation and adaptive reuse.
The remainder of the park needs rehabilitation and is open to changes to best suit the programming to be proposed by the selected lessee.
The MEC Park property is to be used for public park, educational, entertainment, cultural, recreational, and equestrian purposes. The area to be used for the concession is approximately 14 acres of a larger 35-acre parcel, which includes five former veterinary hospital buildings, three riding arenas, a round pen, parking spaces, and former horse stalls & turnouts, and open spaces. Some of the buildings and barns deemed not suitable for rehabilitation due to their current conditions, have been removed from site.
1 City encourages a diverse uses of the Property. However, uses not encompassed within approved POU may require further review by National Park Service.
8 This facility is intended to serve the City of Marina and the entire Monterey Peninsula region as a premier destination for entertainment, education, recreation, and cultural enrichment . It is designed to accommodate a wide range of users, including youth groups, schools, community organizations, families, visitors, and the general public seeking diverse recreational, educational, and cultural experiences.
The facility should offer a variety of activities, including horseback riding and equine interaction, bicycle rentals and guided tours, ropes courses, fitness-based programs, environmental and equestrian education, and hands-on learning opportunities. In addition, the facility will celebrate the rich cultural heritage of the region through educational exhibits, demonstrations, workshops, cultural festivals, performances, and other community events that promote appreciation of local history, arts, and traditions.
The equestrian facility will also provide organized group programs, educational camps, clinics, and community outreach activities while serving as a venue for public festivals, cultural celebrations, entertainment events, and limited private programming. Together, these amenities will create a vibrant, multi-purpose destination that promotes lifelong learning, healthy lifestyles, community engagement, and cultural exchange.
The facility previously offered a mix of riding lessons available to the public, and occasional public events.
The City intends to continue to enable limited private, self-care boarding and full-care boarding on a portion of the property so long as it does not impede the property to function as a public park, including entertainment, educational, equestrian, and cultural facility. Private usage must be limited to a smaller portion of the property, secondary to services and access benefiting the general public. The long-term or permanent boarding of private horses cannot be permitted under existing regulations. Management systems such as waitlists or lottery systems may be used to ensure park use is maximized while simultaneously prohibiting permanent, private horse-boarding. See attached Exhibit C.
The facility previously offered Personal Action Toward Health (PATH) services two days each week for persons with disabilities. The City expects expansion of usage of its facilities to serve a broad spectrum of individuals with disabilities and therapeutic needs. Coordination with local and regional recreation providers and public and private school districts may also be beneficial. The broadest use required by the conveyance documents is for “public park and public recreation area purposes.”
9 C. CITY GOALS AND OUTCOMES FOR FACILITY
A successful Proposer will demonstrate both the ability and clear commitment to implement a park use program that will meet the following goals and desired outcomes of the City.
1. City Goals
The goals of the City, as recommended by the Ad Hoc Committee final report of March 13, 2012 and as supplemented by additional Council direction on March 5, 2026, include the following:
Emphasize Public Park and
Equestrian Uses
Maximize Value to the City and its
Residents
Facilitate Collaborative Partnerships
A. To support and sustain public park
uses and programs to include
public equestrian activities
A. To provide activities for an entire
family to enjoy, including trail
rides, horse camps, riding
schools, shows, and a venue for
events, including weddings,
parties, entertainment,
educational and cultural activities
A. To create programs to promote
and strengthen local partnerships
with schools, community
organizations, and recreational,
historical, and cultural entities
B. To encourage people to visit the
equestrian facility and enjoy the
amenities provided
B. To ensure that the facility is
operated in a safe and professional
manner and provides equestrian
services for public enjoyment at fair
and reasonable
prices
B. To cooperate and contribute to
intra-city connections with other
park facilities and trails for
multiple recreational disciplines
10 C. To increase public access to
equestrians by providing public
trail rides, lessons, and events
C. To develop and expand use of
premises as a trailhead between
the Fort Ord Dunes State Park
and the Fort Ord National
Monument for a broad spectrum
of recreational users
C. To provide quality services and
programs that will attract and
engage diverse and underserved
audiences
D. To engage newcomers and
returning guests with active use of
park resources
D. To develop and improve uses of
the existing facilities to make
them more accessible, relevant,
and user friendly for the public
D. To provide Eagala, PATH, and
other therapeutic services to
broader audiences of children and
adults of all needs
E. To raise awareness of park
resources through outreach,
marketing, and special events
E. To secure fair rental value for the
premises and provide revenue to
the City to offset park
maintenance and finance
improvements
E. To provide other complementary
park uses and programs that do
not conflict with equestrian
programs
F. To attract and encourage
everyday use by residents of
Marina and tourists from the
region, state, and nation
F. To provide qualified facility
operators the opportunity to
participate in this Request for
Proposal
F. To participate in all City
assessments/evaluations and
provide material requested for
annual reports to City, including
online interim reports and final
reports
2. Desired Outcomes
The desired outcomes of the City in issuing this solicitation include the following:
a. To maintain premises as a public park with free and open daily access b. To ensure compliance with the requirements of Quitclaim Deed recorded April 24, 1998, with incorporated documents
c. To increase visitor access to recreation, education, entertainment and use of the facilities and surrounding trails
d. To increase trail/area use and visitor counts
e. To develop and enhance new and existing uses of the facilities as a public recreation, educational, and entertainment facility and park f. To increase revenues available for improvements of the facilities under the direction of the City
D. SCOPE OF SERVICES
The property is being offered for use as a public park, recreation hub for trails and open space, equestrian center, educational, cultural, and entertainment facility, and event venue in cooperation with the City of Marina.
Note, however, that use of the facilities described below must conform to National Park Service and state building codes governing historic buildings.
Equestrian Focus and Military Theme
The facilities described in section D.1. below must include equestrian-focused activities as the
11 primary uses. Additional buildings and/or facilities to accommodate educational, cultural and entertainment activities may be, and is encouraged to be, added to the Proposer’s concept plan.
Effective use of structures shall increase attractiveness, follow the military theme, and align with the original use of the buildings. The POU, Section “Concept Plan” specifies some additional design guidelines regarding the military theme, landscaping, and signage (Appendix A.2). Photos of both the historic and present versions of the military buildings can be found in Appendix A.4. Creating a coherent theme that honors the military history of the buildings is an important and overreaching design aspect of the MEC Park.
1. Facilities
The portion of the property for concession includes five buildings, parking lot, and outdoor r ec r eati on ar ea s. All five of the buildings are on the historic registry and subject to applicable use requirements. See Appendix A.2 for site map.
a. Building at 2830California Avenue (Main Office Facility) This would be the ideal building for the main lessee to operate out of. The parking lot along 5'h Avenue is the intended main public parking venue.
b. 2834 and 2836 California Avenue
These buildings are ideal for mixed use.
2834 California Avenue
See the Program of Utilization (POU), Section “Cultural and Educational Center” (Appendix A.2) for additional guidance. Proposers are encouraged to use mixed media that will appeal to a vast array of recreationalists and public visitors.
2836 California Avenue
This building may be used as a possible pop-up museum, in lieu of, or in addition to information presented in a visitor’s center. Again, use of mixed media in presenting information is highly encouraged. The museum may wish to utilize a movie loop in addition to still photographs, artifacts, or staged areas commemorating the history of Ford Ord and the MEC Park.
12 c. 2832 California Avenue Building (Culinary Area)
The 2832 5th Ave building has open spaces for possible use. Plumbing hookups for a possible bathroom and/or kitchen.
e. 2830 California Avenue Building (Meeting and Special Event Space) This former Veterinary Clinic building serves as a meeting or event hall. There are four internal offices ( c i t y u s e o n l y ) , o n e A D A c o m p l i a n t bathroom, and a newly renovated kitchen. This building should be publicly accessible while the Park is open and may be a venue for special events or historic and cultural lectures.
f. Arenas and Stalls (Rentals)
There is one m ai n ar ena, a round pin, former horse stalls and turnouts at the MEC Park.
The POU indicates appropriate use of stalls by area. See Appendix A.2. Stalls on the Northwest portion of the property may be made available for rentals after public use has been maximized to the full extent by the lessee.
Proposers may integrate some or all buildings and/or facilities into the concept plan required to be submitted (see RFP Section V), but proposals that fully maximize the site will be favorably considered. The 2838 California Ave Building and the current arenas and stalls represent the portion of the MEC Park that is predesignated for equestrian use.
2. Activities
Activities must align with and foster the aforementioned “City Goals” and National Park Service (NPS) requirements. Activities should work to ensure that the MEC Park is first and foremost a public park. This should include but is not limited to:
• Functioning as a gateway to the Fort Ord National Monument, the Ford Ord Dunes State Park, the Fort Ord Rec Trail and Greenway, and the Monterey Peninsula at large;
• Offering recreational activities such as equestrian rides and services, including the expansion of PATH and EAGALA services to multiple population bases, bicycle rentals, or other fitness-based activities such as ropes courses; and • Benefitting a large population base and fostering diverse activities while limiting private use of facilities including private horse boarding. Any proposed private boarding of horses will be evaluated against attached Exhibit C.
13 3. Hours of Operation
At a minimum, the MEC Park shall operate and be open to the public seven days per week from 8:00am to one hour after sunset. Any intent to deviate from the minimum hours specified herein shall be disclosed in the proposal. It is presumed that staff will be present at the facility on a daily basis. Note, not all activities need to span the scope of all hours.
E. OPERATING RESPONSIBILITIES
Typical responsibilities of the lessee for the operation and maintenance of the MEC Park include but are not limited to:
1. Maintenance
The lessee will keep and maintain the occupied spaces, public restrooms, and public areas, including all structures, in good repair and in decent, safe, and sanitary condition, free and clear of rubbish and litter, at all times, to the satisfaction of the City and in compliance with the concession. Maintenance shall include the removal, disposal, or composting of manure from the premises at least twice per week and the frequent, but no less than twice weekly, manure clean up from the public passage area.
2. Utilities
Lessee will pay for all utilities and services necessary for the occupancy and use of the premises including gas, water, electricity, trash, sewage charges, manure removal/composting program, and telephone and internet connections. Utilities shall be placed in the name of the lessee and shall not be transferable to any other party or location.
3. Care of Horses
Lessee shall understand and comply with all laws, rules, and regulations and guidelines in the care of horses. Programs of care shall include but are not to be limited to daily cleanings of stalls and fly control.
4. Facilities
The Proposer may wish to submit a Capital Improvement Plan (CIP) for making facility and/or infrastructure upgrades. Proposals that include additional capital improvements will be favorably considered. Ideas for possible CIP projects include those that would benefit and enhance public use of the facility, (i.e., educational. cultural, entertainment, a gazebo, recreational equipment rental, ropes course). The City will consider concession term proposals that allow the lessee to recoup its capital investment cost.
Construction of any additional structures will be subject to review and approval by City Planning & Building Department standards and must conform to City zoning rules and regulations. Capital improvement projects and any refurbishment work will be subject to review and approval by the City Planning and Building Department and may be subject to further review and approval by appropriate commissions and/or agencies as necessary.
14 Any capital improvements made to the property shall become City property immediately after construction. The lessee shall agree to relinquish any and all rights to personal property for any improvements necessary to the operation of the facility unless specifically retained in advance in writing approved by the City.
F. MINIMUM MANDATORY REQUIREMENTS
The MEC Park is a possible venue for joint ventures with diverse focuses to enhance the use of the facility as a public park. Equestrian services are deeded with the property and will continue as a recreational service in response to this RFP. However, the City is also interested in fostering mixed uses associated with other recreational activities/services, such as entertainment, cultural, and educational activities that will increase public use of the MEC Park facility. The MEC Park will serve as a recreational/educational/cultural hub for residents and visitors alike.
1. Park Operation and/or Other Recreation Activity Requirements The Proposer should have a wide range of prior experience in the operation of public facilities and/or the proposed recreational, educational, or entertainment facilities, or a similar business, with specific knowledge of recreation activity safety, and should be prepared to provide the City with professional references and the locations of similar facilities under their operation.
Interested and qualified Proposers, who can demonstrate their ability to successfully
provide such services are invited to submit a proposal, provided they meet the following requirements:
a. Proposer must have five (5) years of experience within the last ten (10) years in the operation and maintenance of a similar park or
recreational/educational/entertainment facility;
b. Proposer must possess a complete past record of the operation and maintenance of a similar business as verified and supported by references and letters;
c. Proposer must demonstrate minimal levels of financial responsibility for performance/the necessary line of credit to furnish, operate and maintain the proposed portion MEC Park facility.
2.Equestrian Requirements
The Proposer should have a wide range of prior experience in the operation of public and/or private equestrian center facilities, or a similar business, with specific knowledge of equestrian care practices, and should be prepared to provide the City with professional references and the locations of similar facilities under their operation.
15 Interested and qualified Proposers, who can demonstrate their ability to successfully provide equestrian services are invited to submit a proposal, provided they meet the following requirements:
a. Proposer must have five (5) years of experience within the last ten (10) years in the operation and maintenance of an equestrian facility;
b. Proposer must possess a complete past record of the operation and maintenance of an equestrian business as verified and supported by references and letters;
c. Proposer must demonstrate minimal levels of financial responsibility for performance/the necessary line of credit to furnish, operate and maintain the MEC Park facility;
d. Proposer must comply with any applicable County Public Health Code.
In the event a corporation is proposing to operate the MEC Park facility, said corporation must verify and show that the person employed/designated as manager of the operation meets the above listed qualifications for the respective activities they will be overseeing.
II.
CITY AND NATIONAL PARK SERVICE AUTHORITY AND OVERSIGHT
A. NATIONAL PARK SERVICE REVIEW
Any resulting Concession Agreement will be reviewed by the National Park Service to ensure the site is operated as a public park and that public access and enjoyment are not unduly restricted by private use.
B. CITY RESPONSIBILITIES
The City of Marina has the right to amend this RFP by written addendum. The City is responsible only for that which is expressly stated in the solicitation document and any authorized addenda thereto. The City is not responsible for and shall not be bound by any representations otherwise made by any individual acting or purporting to act on its behalf.
C. CITY OPTION TO REJECT PROPOSAL
The City may, at its sole discretion, reject any or all proposals submitted in response to this RFP. The City shall not be liable for any costs incurred by the Proposer in connection with the preparation and submission of any proposal.
D. FINAL CONTRACT BY CITY COUNCIL
The City Council retains the right to exercise its judgment concerning the selection of a proposal and the terms of any resultant Agreement, and to determine which proposal provides the best overall value to the City. The City Council is the ultimate decision-making body and makes the final decisions to award or not award a contract. Concurrence by the National Park Service for the award of contract is required.
16 Proposers should be familiar with and fully understand the terms and conditions of the Sample Concession Agreement included in Attachment 1 to the RFP [to be provided at a later date].
Proposal should be based on the requirements set forth in this RFP and the sample agreement in its entirety. If a Proposer is awarded the contract, the successful Proposer will have 30 days to review and sign the contract upon receipt. If necessary, minor clarifications approved by the City may be made prior to contract execution. The intent of the contract is to provide the public with a high-quality public park that best serves the community of Marina and visitors alike.
E. NOTICE TO PROPOSERS REGARDING THE PUBLIC RECORDS ACT Responses to this RFP shall become the exclusive property of the City of Marina. All such proposals submitted in response to this RFP shall be subject to the requirements of the California Public Records Act (California Government Code Section 6250 et seq.). The Proposer must identify in writing all copyrighted material, trade secrets, or other proprietary information the Proposer claims are exempt from disclosure under the Public Records Act. Proposers claiming exemption must include the following statement in their proposal:
The Proposer agrees to indemnify and hold harmless the City, its officers, employees, and agents from any claims, liability, or damages against the City, and to defend any action brought against the City for Proposer’s refusal to disclose such material, trade secrets, or other proprietary information to any party.
Failure of a Proposer to include this statement and/or identify in writing the claimed exempt material shall be deemed a waiver of any exemption from disclosure under the Public Records Act. Requests to review proposal submissions will not be allowed until after a contract is awarded by the City.
The City shall not, in any way, be liable or responsible for the disclosure of any such record or any parts thereof, if disclosure is required or permitted under the California Public Records Act or otherwise by law. A blanket statement of confidentiality or the marking of each page of a proposal as confidential shall not be deemed sufficient notice of exception.
F. COMPLIANCE WITH LAWS: PERMITS AND LICENSES
The lessee’s business will be conducted and maintained in strict compliance with all applicable laws, ordinances, regulations, and other requirements of federal, state, county, city, or other governmental agencies having jurisdiction over the premises.
G. CONFLICT OF INTEREST
Proposers acknowledge that no City employee whose position in the City enables him/her to influence the selection of a Proposer for this RFP, or any competing RFP, nor any spouse or economic dependent of such employees, shall be employed in any capacity by a Proposer or have any other direct or indirect financial interest in the selection of a Proposer. Such acknowledgment must be provided in writing (see RFP Section V.F.1.b., Proposer’s Qualifications and Evidence of Financial Stability).
17 H. GRATUITIES
It is improper for any City officer, employee, or agent to solicit payment or compensation or anything of value, from a Proposer with the implication, suggestion, or statement that the Proposer’s provision of such thing of value may secure more favorable treatment for the Proposer in the award of the contract or that the Proposer’s failure to provide such item of value of the Proposer’s submission.
Additionally, Proposer shall not offer or give either directly or through an intermediary, anything of value, to a City officer, employee, or agent for the purpose of securing favorable treatment with respect to the award of the contract.
A Proposer shall immediately report any attempt by a City officer, employee, or agent to solicit such improper payment or compensation. The report shall be made to the Assistant City Manager.
Failure to report such a solicitation may result in the Proposer’s submission being eliminated from consideration.
I. DETERMINATION OF PROPOSER’S RESPONSIVENESS AND RESPONSIBILITY A responsive Proposer is one whose proposal meets the material requirements of this RFP. A responsible Proposer is one who has demonstrated the attribute of trustworthiness, as well as quality, fitness, capacity, and experience to satisfactorily perform the contract. It is the City’s policy to conduct business only with responsive and responsible Proposers.
III.
FINANCIAL
A. CONTRACT TERM/CONCESSION TERM AND CONCESSION COMMENCEMENT DATE The initial term of the concessi on may be up to 20 years and may include up to two renewal options of 10 years each. It is the City’s intention to enter into a long-term, mutually beneficial concession agreement. A concession commencement date shall be identified, and the selected concessionaire shall be ready to commence operations on said date.
B. FINANCIAL CAPABILITY
The selected proposer must have sufficient financial capability to operate the MEC Park for the intended activities in a professional manner and be able to demonstrate the ability to fund ongoing operations and maintenance of facilities. The proposer must have the demonstrated ability to operate an equestrian and recreation-based facilities or similar business in a businesslike manner and must have the financial capacity to ensure uninterrupted services at all times.
To meet this requirement, Proposer must submit one of the following items that must be prepared by an independent third party:
• The most recent audited financial statement
• Reviewed financial statements for the last five years • A letter of good standing from a credible financial institution or Certified Public Accountant that contains sufficient information for proposal evaluators to reasonably
18 conduct an objective assessment of the Proposer’s financial viability and/or risk of default, OR
• A Dun & Bradstreet Business Information Report or Comprehensive Report prepared or updated within the last 12 months.
See Section V.F.1.b. of this RFP for instructions on submittal format (Proposer’s Qualifications and Evidence of Financial Stability).
C. PAYMENT OF MONTHLY CONCESSION FEE
The portion of the MEC Park designated for use by the equestrian center lessee must include a fixed concession fee per month. Proposers can offer a fixed amount or a combination of a fixed fee and a percentage of gross sales from operations. The proposed fee does not include the utility payments, which shall be the responsibility of the concessionaire.
Proposals that include the use of facilities outside of the equestrian designated area may offer a minimum monthly concession fee and/or calculate such fee on a cost per square foot of business space.
Depending on the proposed uses and the type of proposing entity, the City reserves the right to determine the concession fee payment method that best meets the City’s goals and outcomes identified in Section I.C. of this RFP.
Note: The City desires to enter into a mutually beneficial concession agreement with the successful Proposer. To that end, flexible payment terms that consider economic or other conditions that may impact cash flow will be considered, subject to verification and agreement by the City.
The approximate areas of the additional buildings and open space are as listed:
• 2834 California Avenue (formerly Veterinary Ward A 3142) - 4 7 8 0 sq ft • 2836 California Avenue (formerly Veterinary Ward B 3143) - 4475 sq ft • 2832 California Avenue (formerly Colic Building 3141) - 1315 sq ft • 2830 California Avenue (formerly Veterinary Clinic 3140) - 1864 sq ft • Open Space (approximately 14 acres)
Refer to Appendix B, form 8.1, Proposed Monthly Concession Fees to the City for more information.
D. SECURITY DEPOSIT
Prior to commencement of the term of the Agreement, the successful Proposer must provide to the City a security deposit equal to five times the monthly minimum concession fee. This deposit will act as security for faithful performance under the terms of the Agreement.
E. CITY AUDIT INFORMATION
The City requires that a comprehensive report be prepared by the concessionaire, annually at minimum or more frequently if required by the City. Concessionaire shall furnish the City with an annual financial report, due no later than 30 days after the conclusion of the lessee’s fiscal year. The report should detail all financial aspects including total revenues and gross expenses
19 for yearly operations of the MEC Park including, but not limited to, amortization reports, and all amounts listed in Appendix B, form B.1. Report should include a statement of attestation and be attested by a certified public accountant.
Additionally, upon City request, Proposer must provide the City with access to financial “books” and documents at all times. The “open books” policy is not necessarily part of or does not constitute a part of the yearly audit.
F. PROVISION OF UTILITIES
Concessionaire shall be responsible for arranging and paying for all utilities required on the property. Concessionaire agrees upon entering into occupancy of the property to pay directly to the utility providers or the City for all utility service through existing lines and connections. Concessionaire shall pay all utility charges within twenty (20) days of receipt of invoice and shall provide evidence of payment when requested to do so in writing by the City.
Based on potential capital improvements made by the City and/or Proposer, additional utility lines may be needed, the connection and ongoing costs of which may b e s h a r e d (to be negotiated as part of the initial concession agreement or through subsequent agreement modifications).
IV.
INSURANCE
Concessionaire and its contractors agree to provide insurance in accordance with the requirements set forth by the City and contained in Exhibit A of Attachment 1 to this RFP (Sample Agreement, Exhibit A).
Ongoing insurance coverage shall be evidenced by a certificate of insurance, with appropriate endorsements, naming the City and its agents as named above as additional insureds.
V. PROPOSAL SUBMISSION REQUIREMENTS
A Proposer’s response to this RFP must be made according to the specifications set forth in this section both for content and sequence. Any proposals failing to comply with these Proposal Submission Requirements will be determined to be non-responsive and shall be subject to rejection by the City.
A. RFP TIMETABLE
The timetable for this RFP is as follows:
Issue RFP September 18, 2026
Pre-Proposal Meeting & On-Site Visit
(Optional)
11:00 a.m., October 14, 2026
Deadline for Submittal of Questions 5:00 p.m., October 21, 2026 Proposals Due 5:00 p.m., November 12, 2026
Finalists Identified Week of November 23, 2026
20 Finalist Interviews, if needed Week of December 7, 2026 Negotiation of Concession Terms and
Conditions
Between January 4 and 15, 2027
Contract Award by City Council Between January 19 and February 16, 2027 Begin Providing Services April 1, 2027
Proposers shall request attendance instructions for the optional pre-proposal and site visit via email to [email protected] and [email protected] .
Staff may extend the deadline for acceptance of proposals for such period of time as deemed in the best interest of the City. Proposers shall request deadline extension via email to the above.
B. PROPOSAL WITHDRAWALS
All submitted proposals shall be firm offers and may not be withdrawn for a period of one hundred eighty (180) days following the date and time for receipt of proposals. The Proposer may withdraw its proposal at any time prior to that date and time, which is set forth as the deadline for acceptance of proposals, upon written request to Staff. The withdrawal of a proposal shall not prejudice the right of a Proposer to file a new proposal prior to the proposal closing date. However, once the proposal closing date and time has passed, proposals shall be irrevocable.
C. CONTACT WITH CITY/PROPOSERS QUESTIONS
Proposers must submit written questions regarding this RFP by email to the address listed below. Note: Telephone inquiries will not be answered. All questions will be compiled with the appropriate answers and issued as an addendum to the RFP. The addendum will be distributed to all Proposers that receive the RFP. To ensure receipt of any addendums, Proposers should include the correct address or email address, whichever is appropriate.
Questions must be addressed to the City’s designated RFP contact as follows:
Elizabeth Crisante -Recreation &
Cultural Services Director
City of Marina
211 Hillcrest Avenue
Marina CA 93933
Email: [email protected]
D. VERIFICATION OF INFORMATION
Any reasonable inquiry to determine the responsiveness and responsibility of a Proposer may be conducted by the City. The submission of a proposal shall constitute permission by the Proposer for Staff to verify all information contained therein. If Staff deems it necessary, additional information may be requested from the Proposer. The unreasonable failure of a Proposer to promptly supply information in connection with such inquiry, including but not limited to; information regarding past performance, financial stability, and ability to perform on schedule, may be grounds for a determination that a proposer is non-responsive, and disqualify
21 them for further consideration.
E. PROPOSAL SUBMISSION
An electronic version of the original proposal in PDF format shall be emailed to Mr. Ismael Hernandez, Public Works Director, at [email protected] , copy to Ms. Elizabeth Crisante, Recreation & Cultural Services Director, at [email protected] with the following in the subject area: “Proposal for Concession at the Marina Equestrian Park”
It is the sole responsibility of the submitting Proposer to ensure that its proposal is received before the submission deadline. Submitting Proposers shall bear all risks associated with delays in delivery. Any proposals not received by the scheduled closing time for receipt of proposals will not be considered. No fax or hand-delivered copies will be accepted.
The City reserves the right, in its sole discretion, to reject any or all proposals; to waive minor defects, irregularities, or informalities in any proposal; require additional information from proposers to achieve clarity for evaluation purposes; or modify the procedures and requirements set forth herein.
F. PREPARATION OF THE PROPOSAL
The proposal and each copy must be typewritten on 8 /2” X 11” white paper with one-inch margins and bound in a secure manner. The City discourages overly lengthy proposals. Each Proposer must observe the requirements set forth in Section V, Proposal Submission Requirements, in preparation of a proposal and shall agree to provide the City with any additional information necessary for an accurate Proposal Submission Requirements determination of the prospective Proposer’s qualifications to perform the required services.
1. Proposal Format
The content of the proposal must contain the following information, and must be submitted and labeled in the order shown below:
a. Transmittal Letter
b. Proposer’s Qualifications and Evidence of Financial Stability c. Proposer’s References
d. Proposer’s Concept Plan
e. Proposer’s Service/Maintenance Program
f. Cash Flow Analysis and Pro Forma (including Appendix B form B.1) g. Additional Information
22 Failure to adhere to requested information may be cause for rejection of the proposal as determined in the City’s sole judgement.
a. Transmittal Letter
The transmittal letter must be a maximum of one (1) page, transmitting the proposal on the Proposer’s stationary. The transmittal letter should identify the document as a proposal stating the exact name of the RFP, and include the Proposer’s name, address, telephone, and email address of the person and persons to be used for contact and who will be authorized to represent the firm. The transmittal letter must bear the signature of the person authorized to sign on behalf of the Proposer and to bind the applicant in a contract. The letter shall indicate whether or not the Proposer intends to perform the contract as the single Proposer. The letter must contain a statement that the Proposer will bear sole and complete responsibility for all work.
b.
Proposer’s Qualifications and Evidence of Financial Stability (not-to-exceed 10 double-sided pages)
This section must demonstrate that the Proposer’s organization and proposed team members have the experience and qualifications to perform the required services. This section should include resumes of key team members and a functional organization chart.
In order to be deemed qualified for consideration in the award of a contract for the MEC Park facility, a Proposer must comply with the minimum mandatory requirements for their prospective services as detailed in Section I.F of this RFP.
In the event a corporation is proposing to operate the MEC Park, said corporation must verify that the person(s) employed as manager of the operation shall meet the above- listed requirements.
This section shall include evidence of financial stability as described in Section III.B. of this RFP, and shall include an acknowledgement that no City employee whose position in the City enables him/her to influence the selection of a Proposer for this RFP, or any competing RFP, nor any spouse or economic dependent of such employees, shall be employed in any capacity by a Proposer or have any other direct or indirect financial interest in the selection of a Proposer (see RFP Section II.G).
This section shall also include the following:
• Proposer must identify any contracts terminated within the past three (3) years and the reason for the termination.
• Proposer must provide a listing of any lawsuit or litigation initiated within the last five (5) years against any proposed team members performing substantive
23 work under a resultant concession agreement that includes allegations relating to the performance or quality of work, or discrimination, harassment or retaliation, and the result of that action (as reflected in public court documents) resulting from
(a) any public agency project undertaken by the Proposer or (b) any type of project where such claims or settlements were paid by the Proposer or its insurer.
Proposers who have not been involved in such contract terminations, lawsuits, litigation or claims/settlements shall include a clarifying statement to that effect in this section of the RFP response.
Note: The City requires mandatory background checks to be administered to all employees.
c. Proposer’s References
The Proposer must provide at least three (3) reference where the same or similar scopes of services were provided to other public agencies, or private entities as applicable.
It is the Proposer’s sole responsibility to ensure that the firm’s name, point of contact’s name, title, email address and phone number for each reference is accurate.
d. Proposer’s Concept Plan (not-to-exceed 5 double-sided pages) This section must present a clear concept plan for Proposer’s vision of the MEC Park as it aligns with both Section I.C, City Goals and Outcomes, and the restrictions set forth by both the National Park Service and the POU 2. The Proposer must emphasize use of the premises as a public park with the mindset of inclusivity. This section should include:
- Activities, events, and proposed CIP projects that may be of value in increasing park attendance from all communities.
- Method for advertising the MEC Park, including possible new strategies/attractions in a design that is keeping with the overall theme outlined in the POU, Section “Concept Plan.”
e. Proposer’s Services and Maintenance Program (not-to-exceed 5 double-sided pages)
This section must present a comprehensive program for offering equestrian and/or other recreation, education, and entertainment services to the public and maintaining the facility. In addition to the items listed under Section I.D, Scope of Services, the following factors should be used as a guide for the program:
The nature and extent of proposed equestrian activities and/or other recreational services and the proposed prices for services. Proposers should include a description of all services available to the public.
Staffing plan should indicate the number of employees, their responsibilities, and
2 City encourages a diverse uses of the Property. However, uses not encompassed within approved POU may require further review by National Park Service.
24 number of hours per week/event to be worked.
- The nature and extent of the facility maintenance including, but not limited to, dust control, restroom, water trough, wash rack and stall cleaning, litter control, and manure removal.
- Method for ensuring customer satisfaction, i.e., dealing with public complaints.
f. Proposer’s Cash Flow Analysis and Pro Forma
This section must present an analysis of the Proposer’s revenue and expense projections that demonstrates how sufficient revenue will be generated to recapture the Proposer’s investment, cover operating expenses, service any debt, and provide a fair return. The analysis shall reflect the first five (5) years, first ten (10) years, and first fifteen (15) years of the proposed operation and indicate the estimated annual revenue and operating expense figures. The following factors shall be included:
A list of all revenue producing operations and the anticipated annual gross receipts from each operation.
A complete breakdown of anticipated annual operating expenses.
A list of all funding sources for the proposed operation.
This section must include form B.1 (Proposed Concession Fee to the City), as set forth in Appendix B.
g. Additional Information
This section must be entitled “Additional Information” and will contain material and data not specifically requested for evaluation but which the Proposer desires to submit for consideration. This may include the following types of items:
- Standard sales brochures and materials with minimal technical content. - Sample advertisement/branding content to increase public use of the MEC park. - Supplementary pictures and graphs.
- General narrative of supplementary information.
VI. SIGNATURE AUTHORIZATION
The last page of the proposal must list names of all joint ventures, partners, or others having any right or interest in the Contract or Proceeds thereof. The page must include the signature of the person authorized to bind the applicant in a contract as follows:
Respectfully submitted,
[Firm or Corporate Name]
By Signature
25 By Signature
Date
Address
City, State, Zip Code
Telephone Email
VII. SELECTION PROCESS AND EVALUATION CRITERIA
A. SELECTION PROCESS
The City reserves the sole right to judge the contents of the proposals submitted pursuant to this RFP and to review, evaluate, and select the proposal(s) that represents the best overall value. Following the receipt of proposals, the selection Committee will evaluate the written submittals in accordance with the established evaluation criteria.
In connection with its evaluation, the Committee may invite, at its discretion, the highest rated Proposers to make an oral presentation and be interviewed. During these interviews, the Proposers will be asked to present such information as appropriate in order that the Committee can thoroughly analyze all materials and documentation submitted as part of the proposal. The Committee will employ the evaluation criteria and their expertise in evaluating all proposals, and thereafter, negotiate a concession agreement with the top-rated proposer that will be brought forward to the City Council with a recommendation to award the contract.
B. ADHERENCE TO MINIMUM REQUIREMENTS (Pass/Fail)
A proposal must adhere to the minimum requirements outlined in Section I.F, Minimum Mandatory Requirements. Failure of the Proposer to meet the minimum requirements may eliminate its proposal from further consideration.
C. ADHERENCE TO FORMAT
A proposal must adhere to the specific format outlined in Section V, Proposal Submission Requirements. Each section must be specifically labeled and in the same order as given in Section V.F. Failure of the Proposer to adhere to this format may eliminate its proposal from any further consideration. The City may elect to waive minor irregularities in a proposal if the sum and substance of the proposal is present.
D. EVALUATION AND CRITERIA
All proposals will be evaluated based on the criteria listed below. All proposals will receive a composite score and be ranked in numerical sequence from high to low. The evaluation committee may utilize the services of appropriate experts to assist in this evaluation.
26 Emphasis will be placed on proposals that maximize highest and best use of the MEC Park that is consistent with the City’s goals and outcomes as described in RFP Section I.C.
1. Proposer’s Background and Experience (30%)
Evaluation of the Proposer’s experience, credibility, and capacity as a corporation or other entity to perform the required services based on information outlined in Section I and on the verification of references provided.
2. Concession Fee to the City (20%)
Proposer will be evaluated on the cost benefit to the City based on the proposed concession fee over the term of the contract.
3. Proposer’s Concept and Improvement Plan (20%)
The Proposer will be evaluated on the proposed concept and improvement plans that are to be provided for the public.
4. Service and Maintenance Program (10%)
The Proposer will be evaluated on the proposed services that are to be provided for the public and a maintenance program for day-to-day general upkeep of the facility based on the information provided.
5. Proposer’s Cash Flow Analysis and Pro Forma (20%)
The Cash Flow Analysis and Pro Forma will be evaluated based on the detail and thoroughness with which the Proposer identifies significant operational revenues and expenses and projected profitability of the operation as provided.
27 Attachment 1— DRAFT FORM OF CONCESSION AGREEMENT
CONCESSION AGREEMENT
MARINA EQUESTRIAN CENTER PARK
CITY OF MARINA
and
[CONCESSIONAIRE NAME]
This Concession Agreement (“Agreement”) is made and entered into this ____ day of ____________, 20__, by and between the CITY OF MARINA , a California municipal corporation (“City”), and [CONCESSIONAIRE NAME] , [a California corporation], whose principal place of business is [address], (“Concessionaire”). City and Concessionaire are each a “Party” and together the “Parties.”
RECITALS
A. The City owns approximately 27.235 acres in the City of Marina located at Fifth Avenue and 9th Street and forming part of an approximately 35-acre City-owned site, known as the Marina Equestrian Center Park (“MEC Park” or the “Property”), acquired from the United States acting through the Secretary of the Interior and the National Park Service (“NPS”) under the Federal Lands to Parks Program by Quitclaim Deed executed April 13, 1998 and recorded April 24, 1998 as Instrument No. 9824966, Official Records of Monterey County (the “Deed”), attached as Exhibit A. The Deed conveys the Property in consideration of its perpetual use for public park and public recreation area purposes only, subject to covenants and conditions including the right of the United States to cause title to revert upon an uncured breach.
B. Condition No. 3 of the Deed provides that the Property “shall not be sold, leased, assigned or otherwise disposed of except to another eligible governmental agency,” but that “nothing in this provision shall preclude the [City] from providing related recreational facilities and services compatible with the approved application, through concession agreements entered into with third parties, provided prior concurrence to such agreements is obtained in writing from the Secretary of the Interior.”
C. Use of the Property is further governed by the Program of Utilization approved by the City Council on July 16, 2013 and adopted by Resolution 2017-28 on March 21, 2017 (the “POU”), and by the letter of David Siegenthaler, Pacific West Region, NPS, dated January 12, 2017 (the “NPS Letter”), which concurs in the program of utilization on “the proviso that the City establishes a suitable plan to make boarding of horses an equitable public park use,” and states that “[l]eases and granting of easements or any property rights, are not allowed.” The POU and NPS Letter are attached as Exhibit K.
D. Following the Request for Proposals for Concession at the Marina Equestrian Center Park issued ____________ (the “RFP”), the City Council selected Concessionaire to operate a public park, recreation, equestrian, educational, cultural, and entertainment concession at MEC Park, and has determined that the services described in this Agreement are related recreational facilities and services compatible with the Deed and the POU and in the best interest of the public.
Concessionaire’s proposal dated ____________ (the “Proposal”) is attached as Exhibit M.
E. Concessionaire has deposited $[__________], an amount equal to ________ times the monthly Base Payment, with the City as the Security Deposit.
NOW, THEREFORE, the Parties agree as follows:
SECTION 1. DEFINITIONS
1.1 “Applicable Laws” means all federal, state, and local statutes, ordinances, codes, rules, regulations, orders, permits, and policies now or hereafter applicable to the Property or the Concession Operations, including the Deed, the POU, NPS requirements applicable to property conveyed under the Federal Lands to Parks Program, the Marina Municipal Code, and all accessibility, environmental, health, safety, labor, and nondiscrimination laws.
1.2 “City Manager” means the City Manager of Marina or their written designee. Every approval, consent, determination, direction, or election reserved to the City may be given by the City Manager unless this Agreement or Applicable Laws requires City Council action.
28 1.3 “Concession Location” means the portion of MEC Park assigned to Concessionaire and depicted on Exhibit C, as the City may modify it.
1.4 “Concession Operations” means all activities, services, programs, events, and business conducted by Concessionaire, or by any person acting through or with the permission of Concessionaire, at, on, from, or in connection with MEC Park.
1.5 “Gross Receipts” means all revenues, fees, charges, rents, commissions, sponsorships, donations solicited in connection with the Concession Operations, and other consideration of every kind, in cash or otherwise, received or receivable by Concessionaire or by any subconcessionaire, vendor, contractor, affiliate, or other person operating through or with Concessionaire’s permission, arising from the Concession Operations, without deduction for any cost or expense. The only permitted deductions are sales taxes separately stated and actually remitted, and documented refunds on transactions previously included. Gross Receipts includes all boarding fees of every category, all revenue from ancillary and third-party activities, and the fair market value of any consideration received other than cash.
1.6 “MEC Park” or “Property” has the meaning given in Recital A.
1.7 “Operating Plan” means the plan attached as Exhibit H, as the City may revise it.
1.8 “Required Services” and “Authorized Services” mean the services so designated in Exhibit D.
SECTION 2. GRANT OF PRIVILEGES; NATURE OF INTEREST
2.1 Grant. Conditioned on full and continuing compliance with this Agreement, the City grants Concessionaire the non- exclusive privilege to enter and use the Concession Location for the sole purpose of providing the Required Services and Authorized Services to the visiting public during the Term.
2.2 No Property Interest. This Agreement is a concession agreement authorized by Condition No. 3 of the Deed. It is a revocable, non-possessory privilege personal to Concessionaire. It is not a lease, sublease, easement, franchise, partnership, or conveyance, and grants no leasehold, possessory, tenancy, occupancy, or other interest in real property and no leasehold surrender interest. Concessionaire acknowledges the NPS Letter’s statement that leases and the granting of easements or any property rights are not allowed at MEC Park. No portion of MEC Park may be dedicated to private use, and nothing in this Agreement creates any right of exclusive occupancy.
2.3 No Compensable Interest. Concessionaire waives all claims to relocation assistance or benefits, goodwill (including under Code of Civil Procedure section 1263.510), business interruption, lost profits, severance damages, and compensation of any nature arising from the expiration, suspension, modification, or termination of this Agreement or the withdrawal of any facility. Concessionaire acquires no compensable interest in any improvement, fixture, or capital expenditure at MEC Park.
2.4 Non-Exclusive; Public Park First. The City reserves the right to conduct, and to authorize others to conduct, any activity at MEC Park consistent with the Deed and the POU, provided it does not unreasonably and materially impair Concessionaire’s ability to perform the Required Services. The City’s primary purpose in entering into this Agreement is to make recreational facilities and services available to the general public. In any conflict between Concessionaire’s commercial interests and the public park and public recreation purposes of MEC Park, the public park purposes control and this Agreement shall be interpreted accordingly.
SECTION 3. CONCESSION LOCATION; CITY ACCESS, INSPECTION, AND WITHDRAWAL
3.1 Concession Location. The Concession Location consists of approximately fourteen (14) acres of MEC Park as depicted on Exhibit C, generally comprising the five former Fort Ord Station Veterinary Hospital buildings (each a historic property), being 2838 5th Avenue (main office facility), 2834 5th Avenue (approximately 4,780 square feet ), 2836 5th Avenue (approximately 4,475 square feet), 2832 5th Avenue (approximately 1,315 square feet), and 2830 5th Avenue (approximately 1,864 square feet); riding arenas; horse stalls; turnouts; and the parking areas designated on Exhibit C (“Parking Areas”), including the 5th Avenue parking lot, which is the main public parking venue for MEC Park. The Parking Areas are within the Concession Location solely for purposes of Concessionaire’s maintenance obligations and remain open to the public at all times. [ Details regarding the facilities are referenced in the RFP; the specific list of locations included within the Concession Location will be updated based on proposal accepted].
3.2 Areas Open to the Public. The following shall remain open to the general public during all MEC Park hours, without charge and without purchase of any service: the restroom in the building at 2834 5th Avenue; the building at 2830 5th Avenue except during a City-approved event; all Parking Areas, including the 5th Avenue public parking lot; and all 29 trails, pathways, and open areas. Concessionaire shall not gate, fence, sign, obstruct, or otherwise restrict public access to any area of MEC Park without the City’s prior written approval.
3.3 Withdrawal of Facilities. The City may withdraw from the Concession Location any land, building, or facility the City determines is necessary for public park purposes, public health or safety, compliance with the Deed or NPS requirements, or protection of park or historic resources, on ninety (90) days’ written notice, or immediately where the City determines public health or safety or park resources require. Concessionaire’s only remedy is a proportionate reduction of the Base Payment based on the ratio the withdrawn area bears to the Concession Location. No other compensation of any nature is due, and no reduction is available where the withdrawal results from an Event of Default.
3.4 City and NPS Entry and Inspection. The City, its officers, agents, employees, contractors, and designees, and NPS, may enter any part of the Concession Location and inspect the Concession Operations and all related records: at any reasonable time, with or without notice, for any lawful purpose, including inspection, posting notices of non- responsibility, environmental and compliance audits, and performance of work; and at any time without notice in an emergency or to perform necessary City functions, and in an emergency the City may use any means it deems proper to open doors. No entry constitutes a forcible or unlawful entry, a detainer, or an actual or constructive eviction, or entitles Concessionaire to any abatement or damages. The City shall inspect on a regular basis, and Concessionaire shall correct any deficiency identified within the time the City specifies. Concessionaire further acknowledges the right of access reserved to the United States, the Army, the U.S. Environmental Protection Agency, the California Department of Toxic Substances Control, and other federal agencies under Deed Conditions Nos. 5(7), 17, and 27 to enter MEC Park to determine compliance with the Deed and to conduct response or corrective action. Concessionaire shall cooperate fully with any such access, and waives any claim against the City arising from it.
3.5 Personal Property. City-owned personal property and fixtures made available to Concessionaire are inventoried in Exhibit G. Concessionaire shall maintain them in good working condition, ordinary wear excepted, shall not remove them from MEC Park without written approval, shall promptly report loss or damage, and shall account for and return them on expiration or termination. Concessionaire shall reimburse the City for the replacement cost of any item lost, damaged beyond ordinary wear, or not returned.
3.6 Easements and Reservations. The Concession Location is subject to all matters of record and to the Deed, including the reservation at Condition No. 10.1 of a 0.942-acre area for the U.S. Army Corps of Engineers for ten (10) years from the date of the Deed ; the reservations at Conditions Nos. 10.2 and 10.3 for storm and sanitary sewer and water distribution lines; and the requirement at Condition No. 9 that the City convey to Monterey County an easement for a future light rail corridor across approximately 4.117 acres. Concessionaire shall not impair the maintenance, repair, or replacement of the improvements described in Condition No. 10, and waives any claim arising from the exercise of any reserved right or the conveyance of the light rail easement, including any claim for interruption of Concession Operations.
SECTION 4. TERM; NPS CONCURRENCE; EXTENSION
4.1 NPS Concurrence a Condition Precedent. This Agreement has no force or effect, and Concessionaire has no right to occupy or use MEC Park, unless and until the City receives the written concurrence of the Secretary of the Interior, acting through NPS, as required by Condition No. 3 of the Deed. If NPS declines to concur, or conditions concurrence on changes the City declines to accept, this Agreement is void ab initio, the Security Deposit shall be returned, and neither Party shall have any liability to the other.
4.2 Term. The initial term commences on the Commencement Date, which the City shall establish by written notice after NPS concurrence is obtained, and continues for [up to twenty (20)] years unless sooner suspended or terminated (the “Term”). The Parties anticipate a Commencement Date of April 1, 2027.
4.3 Extension. The City may, but is not obligated to, extend the Term for [up to [two (2)] additional periods of not more than ten (10)] years each, in the City’s sole and absolute discretion, subject to each of the following: (a) Concessionaire requests the extension in writing between two hundred seventy (270) and one hundred eighty (180) days before expiration; (b) Concessionaire is not, and has not within the preceding twelve (12) months been, in default beyond any cure period; (c) Concessionaire has received a rating of “satisfactory” or better on each annual performance evaluation for the preceding three (3) years; (d) the Parties agree in writing on payment terms for the extension; and (e) NPS concurrence is obtained to the extent required. This Agreement creates no option, right of first refusal, expectancy, or entitlement to extension, and no course of dealing shall create one.
4.4 Holding Over. Occupancy or operation after expiration or termination of this Agreement without the City’s written consent is unauthorized. Concessionaire shall pay, as damages and not as rent, two hundred percent (200%) of the Base 30 Payment then in effect, prorated daily, plus all percentage payments, and remains subject to every obligation of this Agreement. No holding over creates a tenancy or extends the Term.
SECTION 5. SERVICES AND OPERATIONS
5.1 Required and Authorized Services. Concessionaire shall provide the visitor services designated in Exhibit D as “Required Services,” at the service levels, frequencies, and hours specified in Exhibit D, Exhibit L, and the Operating Plan. Concessionaire may, but need not, provide the services designated in Exhibit D as “Authorized Services.” Concessionaire shall provide no service, program, event, or activity at MEC Park that is not a Required or Authorized Service without the City’s prior written approval and, where required by the Deed or POU, NPS concurrence. Exhibit D-3 lists prohibited uses. All use of the facilities shall conform to National Park Service requirements and to state building codes governing historic buildings.
5.2 Quality; City Control. Concessionaire shall conduct the Concession Operations in a businesslike, careful, clean, safe, and professional manner satisfactory to the City, and shall furnish at its sole cost all personnel, equipment, animals, goods, and supplies necessary to do so. The City reserves the right to determine and control the nature, type, and quality of all services, programs, merchandise, and food and beverage offered at MEC Park, and to require discontinuation of any offering the City determines is inconsistent with the Deed, the POU, or the public park purpose. Concessionaire shall maintain a coherent design theme that honors the military history of the buildings and aligns with the POU section entitled “Concept Plan,” including as to signage and landscaping.
5.3 Ancillary and Third-Party Activities. Third parties may provide goods or services at the Concession Location only with the City’s prior written approval of both the activity and the party. Each such party shall, as Deed Condition No. 5(5) requires, sign a City-approved agreement undertaking the same obligations imposed on Concessionaire to the extent applicable, name the City as an additional insured on insurance meeting the requirements of Exhibit J, and account for all revenue, which is included in Gross Receipts. Concessionaire shall give the City a copy of each agreement for transmittal to the Secretary of the Interior. Management agreements, and any arrangement under which a third party operates all or substantially all of the Required Services, are prohibited. Concessionaire remains fully responsible for every such party.
5.4 Operating Plan. The initial Operating Plan is Exhibit H and establishes requirements for operating hours and days, staffing, animal care and welfare, risk management, emergency and fire response, manure management, dust and vector control, weed and pest management, customer service, and public access. The City may revise the Operating Plan from time to time after consultation with Concessionaire, consistent with the main body of this Agreement, and Concessionaire shall comply within thirty (30) days after notice, or sooner where public health or safety or animal welfare requires. Before commencing operations, Concessionaire shall obtain City approval of an Emergency Action and Fire Protection Plan, a Safety Plan (including protection of the public from injury by any animal), a Manure Management Plan, an Animal Care and Welfare Plan, a Risk Management Plan, an Environmental Management Plan (addressing waste minimization, recycling, waste handling, stormwater protection, spill prevention and response, and a hazardous materials inventory), and the Boarding Plan. Copies of all approved plans shall be kept on file with the City and at the Concession Location. Concessionaire shall maintain portable fire extinguishers of the number, type, and rating prescribed by the City or the fire authority.
5.5 Private and Exclusive-Use Events. Because no portion of MEC Park may be dedicated to private use, any event that would exclude the general public from any portion of MEC Park requires the City’s prior written approval, may not exceed [____] hours, may not occur more than [____] times per calendar year, may not close more than [____] percent of MEC Park at any one time, and must leave the remainder of MEC Park, including Parking Areas necessary for public access, open to the public. Private clubs, memberships, and arrangements conferring preferential or exclusive access to any facility at MEC Park are prohibited.
5.6 Non-Exclusivity of Trail Rides. Concessionaire’s authority to operate organized trail rides originating or terminating at MEC Park is non-exclusive. The City may authorize other providers and shall have public trail access accommodated at all times.
5.7 Volunteers and Community Access. Concessionaire shall make good faith efforts to recruit and use volunteers and shall provide reasonable access for City-sponsored community events and programs. Any scheduling conflict shall be resolved by the City Manager.
31 SECTION 6. PUBLIC ACCESS, HOURS, RATES, AND NONDISCRIMINATION
6.1 Public Access and Hours. MEC Park shall remain open to the public during the hours established by the Marina Municipal Code and, at a minimum, shall operate and be open to the public seven (7) days per week from 8:00 a.m. until one hour after sunset, with Concessionaire staff present at the facility daily. Not every service need be offered during all such hours. Hours and days of operation for the Concession Location are set in the Operating Plan and subject to City approval. Concessionaire shall post and maintain a current schedule of operating hours, shall not reduce hours or suspend any Required Service without prior written City approval, and shall conduct operations so as not to impede or discourage public access to and use of MEC Park.
6.2 Rates. All rates and charges to the public shall be reasonable, appropriate to the type and quality of facilities and services provided, and set so as to encourage participation by the general public. Concessionaire shall maintain and publicly post a complete price schedule for all goods and services; the schedule and any change to it require the prior approval of the City Manager, and Concessionaire shall charge no fee not on the approved schedule.
6.3 Impartiality. Concessionaire shall observe, and require its employees to observe, strict impartiality as to rates and services. Complimentary or reduced rates may be offered only as customary in the business and as approved by the City.
No preference of any kind may be given to officers, employees, family members, or affiliates of Concessionaire, or to boarders, with respect to access to any public facility at MEC Park.
6.4 Nondiscrimination. Concessionaire shall not discriminate in employment or in the provision of services on any basis protected by law, and shall comply with all nondiscrimination requirements applicable to the Property, including 43 C.F.R. Part 17, Title VI of the Civil Rights Act of 1964, the Age Discrimination Act of 1975, Section 504 of the Rehabilitation Act of 1973, the Architectural Barriers Act of 1968, the Americans with Disabilities Act of 1990, and California’s Fair Employment and Housing Act and Unruh Civil Rights Act.
6.5 Parking. Parking Areas shall remain available to the general public. Concessionaire shall not use any Parking Area for storage, trailer parking, or equipment staging, and shall not reserve, restrict, or sign any space, without prior written City approval. Overnight trailer parking, if authorized, requires separate written approval, is limited to designated areas and durations, and does not constitute residential occupancy.
SECTION 7. PERFORMANCE STANDARDS
7.1 Standards and Measurement. Concessionaire shall meet or exceed the performance standards in Exhibit L and shall collect and report the data specified there each month. The City may independently measure performance by inspection, public survey, review of records, and any other reasonable means.
7.2 Annual Evaluation; Improvement Plan. The City shall evaluate Concessionaire’s performance at least annually and assign a rating of “excellent,” “satisfactory,” “marginal,” or “unsatisfactory,” with a written statement of deficiencies for any rating below satisfactory. Within fifteen (15) days after a “marginal” or “unsatisfactory” rating, or after written notice of a failure to meet any performance standard, Concessionaire shall submit a Performance Improvement Plan for City approval. Failure to submit an acceptable Performance Improvement Plan, or to perform an approved one, is an Event of Default . Two (2) consecutive “unsatisfactory” ratings, or three (3) ratings of “marginal” or worse in any five- year period, is an Event of Default for which no cure period is required.
7.3 Reserved.
SECTION 8. EQUESTRIAN BOARDING PROGRAM
8.1 Governing Principle. Boarding at MEC Park is permitted only where structured as a public park and public recreation use. Consistent with the NPS Letter, no boarding may establish a long-term right of exclusive occupancy or any right or expectation of renewal, dedicate any portion of MEC Park to private use, or impede public access to or use of MEC Park. The only boarding permitted beyond short-term visitor boarding is limited-duration public boarding awarded through the equitable public allocation system required by Exhibit E. A boarding agreement is not a lease, tenancy, or interest in real property. Boarding shall be structured so that no person requesting public-access use of the stabling facilities is turned away for lack of accommodation. Transient and public-access use has priority over private boarding at all times; if transient demand cannot be met from available stalls, Concessionaire shall remove privately boarded horses as necessary to meet that demand.
8.2 Boarding Plan. Concessionaire shall not board or stable any horse at MEC Park except under a written Boarding Plan approved by the City in advance and consistent with Exhibit E, resubmitted annually not later than sixty (60) days 32 before each anniversary of the Commencement Date. The Boarding Plan shall specify at minimum: the total stalls at MEC Park and the number allocated to each category; the published rate schedule for each category; the boarding agreement form; the waiting list, allocation, and selection procedures; the term and non-renewal rules; the recordkeeping and reporting method; and the procedure for removal of a horse upon expiration, default, or City direction. The City may approve, conditionally approve, or reject the Boarding Plan in its sole discretion and may require revisions at any time to maintain compliance with the Deed, the POU, or NPS requirements.
8.3 Permitted Categories. Only the following are permitted, subject to the caps and terms in Exhibit E:
(a) Program Horses. Horses owned by Concessionaire, or leased by Concessionaire from a person who is not a boarder or applicant for boarding, and actually used for public rental, guided trail rides, lessons, or therapeutic programs.
(b) Short-Term Visitor Boarding. Boarding for visitors coming to the area to use MEC Park, its trails, or surrounding public lands, or to participate in an event at MEC Park, for not more than [ ] consecutive days, not renewable except as provided in Exhibit E.
(c) Limited-Duration Public Boarding. Boarding of privately owned horses, on a self-care or full-care basis only if authorized in the approved Boarding Plan, only in stalls of MEC Park designated in the Boarding Plan, only after public-access use of the stabling facilities has been maximized, and in all events subject to the stall caps, allocation procedures, fixed non-renewable terms, waiting periods, and household limits in Exhibit E.
8.4 Prohibited. The following are prohibited: any boarding agreement purporting to grant a leasehold, tenancy, possessory interest, right of exclusive occupancy, or right of renewal; any term exceeding the maximum in Exhibit E ; any assignment, transfer, or sale of a boarding position; any waiting list preference or priority for an officer, employee, contractor, family member, or affiliate of Concessionaire; any private signage, fencing, gating, lock, or other indicium of private or reserved use anywhere at MEC Park; and any boarding that renders stalls, turnouts, arenas, or Parking Areas unavailable for public programs. A violation of this Section is an Event of Default.
8.5 Records and Reporting. Concessionaire shall maintain, make publicly available to the extent permitted by law, and produce immediately on demand to the City and NPS, the current waiting list, all applications received, documentation of each allocation cycle, allocation and rotation records, the boarding rate schedule, the City-approved boarding agreement form, all executed boarding agreements, and a current roster of all horses by category, owner, stall, and contract expiration date. Concessionaire shall deliver a quarterly Boarding Program Report in the form required by Exhibit E, certified by an officer of Concessionaire.
8.6 Revenues. All boarding revenue is included in Gross Receipts. Concessionaire acknowledges the NPS Letter’s statement that revenue generated by a non-public-recreational use may not be justified on the basis of its eventual economic support of the park, and that park improvements may not be made dependent upon income from horse boarding.
8.7 City Right to Reduce or Suspend. The City may reduce the stalls available for any boarding category, or suspend or terminate any category, on thirty (30) days’ notice, or immediately where public health or safety, animal welfare, or a communication from NPS requires, if the City determines the boarding program impedes public use, is inconsistent with the Deed, the POU, or NPS requirements, or is not administered in accordance with the approved Boarding Plan.
Concessionaire’s only remedy is a proportionate reduction of the Base Payment reflecting the reduction in stalls. No other compensation is due Concessionaire or any boarder, and no reduction is available where the City’s action results from an Event of Default or from Concessionaire’s failure to administer the program as approved.
SECTION 9. CONCESSION PAYMENTS
9.1 Base Payment. Concessionaire shall pay a monthly concession fee of $[__________] per month (the “Base Payment”), in advance on or before the first day of each month, without notice, demand, offset, abatement, or deduction. The Base Payment consists of a fixed monthly fee for the equestrian-designated portion of the Concession Location plus $[____] per square foot per month for building space outside the equestrian-designated area. The Base Payment does not include utilities, which Concessionaire pays. Month One means the first full calendar month of occupancy following the Commencement Date.
9.2 CPI Adjustment. On the first day of the thirteenth (13th) month and each anniversary thereafter, the Base Payment shall be increased by the percentage increase, if any, in the Consumer Price Index for All Urban Consumers, San Francisco-Oakland-Hayward statistical area (or the successor index designated by the City), of the index most recently published before the adjustment date over the index most recently published before the preceding adjustment date (and, 33 for the first adjustment, before the Commencement Date). The Base Payment shall never be reduced below the amount then in effect. Concessionaire shall pay at the prior rate until the adjustment is determined and shall pay the difference within ten (10) days after notice.
9.3 Percentage Payment. In addition, Concessionaire shall pay a percentage of Gross Receipts, due with the monthly report:
Month One through Month [6]: [____]% of Gross Receipts
Month [7] through Month [24]: [____]% of Gross Receipts Month [25] through the end of the Term: [____]% of Gross Receipts In addition, for any month beginning with Month [24] in which Gross Receipts exceed $[__________], Concessionaire shall pay an additional [____]% of all Gross Receipts for that month.
9.4 Minimum Annual Payment. The total of Base Payments and percentage payments for any twelve-month period shall not be less than $[__________], which amount shall be reduced proportionately, for the period affected, by any Base Payment reduction the City makes for withdrawn facilities or reduced boarding stalls. Any shortfall is due within thirty (30) days after the end of the period.
9.5 Capital Replacement Reserve. Concessionaire shall deposit into a Capital Replacement Reserve, within fifteen (15) days after the last day of each month, an amount equal to [____]% of Gross Receipts for that month. The Reserve shall be a segregated interest-bearing account at a federally insured institution, identified to the City in writing. Reserve funds may be expended only on non-recurring component renewal projects the City approves in writing in advance, such as roofs, building systems, drainage, fencing, and arena footing, and not on routine or operational maintenance, housekeeping, or groundskeeping. Their expenditure relieves Concessionaire of no maintenance obligation and creates no ownership or compensable interest, and Concessionaire shall keep auditable records of every expenditure. Failure to make timely deposits, to maintain the segregated account, or to expend Reserve funds when directed is an Event of Default, and the City may in addition require a bond equal to the estimated annual contribution. Any unexpended balance shall be remitted to the City within fifteen (15) days after expiration or termination and applied to MEC Park capital needs. The City may, in its sole discretion and by written amendment, credit against the Capital Replacement Reserve contribution or the Base Payment the documented cost of capital improvements Concessionaire constructs under an approved Capital Improvement Plan.
9.6 Late Payment; No Offset. Any amount not paid when due bears a late charge of ten percent (10%) plus interest at ten percent (10%) per annum, or the maximum rate permitted by law if less, from the due date until paid. Acceptance of a late or partial payment waives no default or right, and no endorsement or statement on any check constitutes an accord and satisfaction. All payments are absolute obligations and are not contingent on profitability or volume of public use.
They may not be withheld, offset, abated, or reduced on account of any claim, dispute, casualty, suspension, withdrawal of facilities, or alleged breach by the City. The only exceptions are the proportionate Base Payment reductions this Agreement expressly provides for withdrawn facilities and reduced boarding stalls, and any abatement the City grants in its discretion during a suspension. The City may apply any payment received to any outstanding obligation of Concessionaire in its sole discretion, regardless of Concessionaire’s designation.
9.7 Underpayment. If an audit discloses that Gross Receipts were understated, or amounts due underpaid, by three percent (3%) or more for any period, Concessionaire shall pay the deficiency with interest and reimburse the City for the full cost of the audit within thirty (30) days after demand. An understatement of ten percent (10%) or more, or any intentional understatement, is an Event of Default .
9.8 Use of Revenues. The NPS Letter states that under the Deed any revenues generated on the parkland must be channeled back to park maintenance, operations, and improvements. Accordingly, all amounts received by the City under this Agreement shall be separately accounted for and applied solely to the maintenance, operation, and improvement of MEC Park.
SECTION 10. RECORDS, REPORTS, AND AUDIT
10.1 Records and Accounting. Concessionaire shall maintain a complete accounting system under generally accepted accounting principles from which all information this Agreement requires can be produced, shall use the accrual method if annual Gross Receipts equal or exceed $250,000, and shall record all sales on a City-approved system . All books, records, contracts, boarding agreements, waiting lists, point-of-sale data, bank statements, tax returns, and supporting documentation shall be retained within California for not less than four (4) years after the end of the fiscal year to which 34 they relate and until resolution of any pending audit, claim, or litigation, and produced to the City within five (5) business days of written request, except that boarding program records shall be produced immediately on demand.
10.2 Monthly Report. On or before the fifteenth (15th) day of each month, Concessionaire shall deliver a report for the preceding month, certified by an officer as true and correct, itemizing Gross Receipts by revenue category , operating expenses, public participation counts by program, public benefit programming delivered, and the performance data required by Exhibit L, with payment of all amounts then due.
10.3 Annual Report. Not later than forty-five (45) days after the end of each fiscal year, and more frequently if the City requires, Concessionaire shall deliver a comprehensive annual financial report covering all Concession Operations, including total revenues and gross expenses for the year, statements of revenues and expenses, a balance sheet, amortization reports, a reconciliation of Gross Receipts to payments made to the City, and a statement of Capital Replacement Reserve activity. The report shall include a statement of attestation and be attested by a certified public accountant. If annual Gross Receipts are $1,000,000 or more, the statements shall be audited by an independent Certified Public Accountant in accordance with generally accepted auditing standards; if $500,000 or more but less than $1,000,000, reviewed by an independent Certified Public Accountant; if less than $500,000, accompanied by the attestation of an independent Certified Public Accountant unless the City directs otherwise.
10.4 Audit. The City, its auditors, and NPS may examine, audit, and copy all records relating to the Concession Operations during the Term and for four (4) years thereafter, on reasonable notice during normal business hours, and Concessionaire shall make its personnel available. Upon the City’s request, Concessionaire shall also provide the City access to its financial books and documents at all times. The City bears the cost of an audit except where an understatement of Gross Receipts or an underpayment of amounts due requires Concessionaire to reimburse it.
10.5 Support for the City’s Federal Reporting. Deed Condition No. 4 requires the City to submit biennial reports to the Secretary of the Interior, and the NPS Letter confirms those reports are submitted by the City rather than the concessionaire. Concessionaire shall furnish the City, within twenty (20) days of request, all data the City requires for those and any other NPS reports, including park use and condition, revenues and expenditures, capital improvements, management issues, use of revenues, and nondiscrimination.
10.6 Public Records. Records submitted to the City are subject to disclosure under the California Public Records Act and may be released by the City or NPS to the extent required by law. Concessionaire shall identify in writing any material it claims is exempt from disclosure, and shall indemnify, defend, and hold harmless the City, its officers, employees, and agents from any claim, liability, or damages arising from that claim of exemption or from the City’s withholding of the material at Concessionaire’s request.
SECTION 11. MAINTENANCE, REPAIR, AND CASUALTY
11.1 Allocation; Concessionaire Obligation. Maintenance, repair, and utility responsibilities are allocated in Exhibit I, which the City may revise from time to time after consultation with Concessionaire consistent with the main body of this Agreement. Except as expressly assigned to the City, Concessionaire shall at its sole cost maintain the Concession Location and all improvements, fixtures, equipment, arenas, stalls, turnouts, fencing, and grounds in good, clean, safe, sanitary, and attractive condition, free and clear of rubbish and litter at all times, and make all necessary repairs.
Maintenance shall include daily stall cleaning, fly control, cleaning and maintenance of restrooms, water troughs, and wash racks, litter and dust control, and the removal, disposal, or composting of manure from MEC Park not less than twice per week, with manure cleared from public passage areas not less than twice per week.
11.2 City Obligation. The City shall deliver the structural facilities in good working order and shall provide necessary structural and utility system repairs in a timely manner within funding available to the City. The City is responsible for asbestos and lead-based paint removal and remediation required by Applicable Laws, except where made necessary by Concessionaire’s act or omission. Concessionaire shall promptly notify the City in writing of any health, safety, building code, or accessibility deficiency in the structural facilities. Nothing in this Section obligates the City to expend funds in excess of amounts appropriated by the City Council.
11.3 Nuisance; City Self-Help. Concessionaire shall commit or permit no waste or nuisance and shall abate any such condition within forty-eight (48) hours after written notice, or immediately where public health, safety, or animal welfare is at risk. If Concessionaire fails to abate or to perform any other obligation on time, the City may enter and perform it at Concessionaire’s expense, without liability for any resulting loss or interruption of Concession Operations.
Concessionaire shall reimburse the City for all costs plus a fifteen percent (15%) administrative charge within ten (10) days after demand; unpaid amounts bear the late charge and interest this Agreement provides for late payments and may be deducted from the Security Deposit. Self-help does not cure the underlying default or limit any other remedy. 35 11.4 Casualty. If any improvement within the Concession Location is damaged or destroyed by fire or other casualty, this Agreement continues in full force without abatement of any payment, and Concessionaire shall repair and restore the improvement at its sole cost, in accordance with plans approved by the City, whether or not insurance proceeds are sufficient. Concessionaire may terminate only if the damage is not covered by insurance this Agreement requires and the cost to repair exceeds twenty-five percent (25%) of the replacement value of all improvements within the Concession Location immediately before the casualty, by written notice given within ten (10) days after the repair cost and replacement value are determined; the City may defeat that termination by electing, within twenty (20) days after the notice, to pay the excess over twenty-five percent (25%), in which case this Agreement remains in effect and Concessionaire shall complete the repair. Damage caused by the willful act or negligence of Concessionaire or its personnel shall be repaired by Concessionaire at its sole cost in all events, and damage that would have been covered by insurance this Agreement requires is treated as covered. The City may terminate following any casualty that in its judgment renders continued operation impracticable or inconsistent with the public park purpose, without compensation to Concessionaire.
SECTION 12. ALTERATIONS, IMPROVEMENTS, AND HISTORIC PRESERVATION
12.1 City Consent; Title; Liens. Concessionaire may submit a Capital Improvement Plan for the City’s approval.
Concessionaire shall make no alteration, improvement, installation, or removal at MEC Park without the City’s prior written consent, and no work shall commence until plans and specifications are approved and all permits issued. All work shall be completed diligently and in a good and workmanlike manner, is subject to review and approval by the City Public Works, and Planning and Building Departments, shall conform to City zoning rules, and may require further approval by other commissions or agencies. All alterations, improvements, and fixtures become the property of the City immediately upon construction or installation without compensation, and Concessionaire relinquishes all rights to any personal property constituting an improvement necessary to the operation of the facility unless specifically retained in advance in writing approved by the City; on expiration or termination the City may require Concessionaire to remove any or all of them and restore the affected area at its sole cost. Concessionaire shall keep MEC Park free of liens arising from its work, shall discharge or bond over any lien within ten (10) days after notice, and the City may post and record notices of non-responsibility and may discharge a lien and recover its costs .
12.2 Environmental and Cultural Review. Any site plan or project that would alter the facilities or the use of MEC Park is subject to compliance with state and local environmental and cultural resource requirements, including the California Environmental Quality Act. Concessionaire shall bear the cost of any review, study, or mitigation required for a project it proposes.
12.3 Historic Properties. MEC Park includes historic properties, including the five former Fort Ord Station Veterinary Hospital buildings. Any proposed change to a historic structure or its setting may require consultation with the State Historic Preservation Officer and shall comply with the Secretary of the Interior’s Standards for the Treatment of Historic Properties and the accompanying Guidelines for Rehabilitating Historic Buildings. Concessionaire shall not alter, paint, cover, remove, or attach anything to any historic feature without prior written City approval.
12.4 Discoveries. If Concessionaire encounters any archaeological or cultural resource or human remains, it shall immediately cease work in the vicinity, notify the City, and not resume until authorized. If Concessionaire discovers any ordnance or explosive, it shall not remove, disturb, or destroy it, shall secure the area, and shall immediately notify local law enforcement, the City, and, if necessary, the Directorate of Law Enforcement at the Presidio of Monterey, in accordance with Deed Condition No. 21.
12.5 Prevailing Wages. If any alteration or improvement constructed by or for Concessionaire constitutes a public work for purposes of the California prevailing wage law, it shall be constructed in compliance with Labor Code section 1720 et seq. and implementing regulations, including registration and payment of prevailing wages. The City makes no representation whether any work is a public work. Concessionaire shall indemnify, defend, and hold harmless the City to the fullest extent permitted by law from all claims, liability, loss, penalties, and expense (including attorneys’ fees) arising from any failure to comply.
12.6 Height. No structure shall exceed an elevation of 330 feet mean sea level at its highest point without a determination of no hazard to air navigation from the Federal Aviation Administration under 14 C.F.R. Part 77, as required by Deed Condition No. 22.
36 SECTION 13. ENVIRONMENTAL COMPLIANCE AND HAZARDOUS MATERIALS
13.1 Condition of the Premises; No Warranty. Concessionaire has inspected MEC Park and accepts the Concession Location “as is” and “where is,” with all faults. The City has given Concessionaire the right to review the maps and records of the former Army base on file with the City and, subject to the prohibition below on wells and groundwater, to inspect and test the property, soils, and improvements. The City makes no representation or warranty as to the condition of the Property or its suitability for Concessionaire’s intended use, except that no City officer, employee, or agent has caused any condition of pollution or contamination now existing on the Property; that exception does not extend to any condition caused by the federal government or any prior occupant. Concessionaire waives any claim or right of action against the City arising out of the condition of the Property, its soils, or the groundwater beneath it, including any claim of indemnity for costs of abatement or cleanup, except a claim arising out of a condition of pollution or contamination caused by an officer, employee, or agent of the City.
13.2 Asbestos and Lead-Based Paint. Pursuant to Health and Safety Code section 25359.7(a) and Deed Conditions Nos. 19 and 20, Concessionaire is notified that the structures at MEC Park are known to contain asbestos-containing materials and lead-based paint, as documented in the surveys attached as Exhibit F. Concessionaire shall comply with all laws relating to asbestos and lead-based paint, shall not disturb any such material, and shall immediately report any damaged or disturbed material to the City.
13.3 CERCLA, the FFA, and Institutional Controls. MEC Park lies within the Fort Ord National Priorities List site and is subject to the Federal Facilities Agreement, applicable Records of Decision, and the institutional controls described in the Deed. Concessionaire shall not undertake any activity that would interfere with any response action, remediation system, or CERCLA cleanup, shall give the City advance written notice of any construction or similar work, and shall comply with all institutional controls, in accordance with Deed Conditions Nos. 11 through 17.
13.4 Groundwater. In accordance with Deed Condition No. 15, Concessionaire shall not drill, install, or use any water well at MEC Park and shall not use or access the groundwater beneath MEC Park for any purpose. All water shall be obtained through existing service connections.
13.5 Habitat and Endangered Species. Concessionaire shall comply with the Fort Ord Habitat Management Plan, the Endangered Species Act, and the Biological Opinion of the U.S. Fish and Wildlife Service dated April 11, 1997, as applicable to MEC Park, in accordance with Deed Condition No. 18.
13.6 Hazardous Materials. Concessionaire shall not cause, and shall not allow its employees, agents, contractors, or invitees to cause, any Hazardous Material to be brought upon, kept, used, stored, generated, released, or disposed of at or transported over MEC Park, except ordinary quantities of materials customarily used in equestrian operations, handled in strict compliance with Applicable Laws and the approved Environmental Management Plan. “Hazardous Material” means any material now or hereafter deemed by any governmental authority to pose a present or potential hazard to public health, welfare, or the environment, including any hazardous substance, pollutant, or contaminant under CERCLA, 42 U.S.C. §§ 9601 et seq., or Health and Safety Code sections 25140 or 25316; asbestos and asbestos- containing materials; lead-based paint; and petroleum and its fractions and derivatives.
13.7 Notice and Corrective Action. Concessionaire shall give the City immediate written notice of any discharge, release, or threatened release of any hazardous or toxic substance at or near MEC Park, of any threatened or actual notice of violation from any regulatory agency, and of any communication with a regulatory agency concerning the Concession Operations, and shall afford the City the opportunity to participate in all such communications and in any discussion regarding settlement, cleanup, or abatement. Concessionaire shall provide the City copies of all documents, reports, monitoring data, and manifests submitted to any regulatory agency. Concessionaire shall at its sole cost promptly control, contain, and remediate any discharge, release, or violation arising from the Concession Operations, pay all resulting fines and penalties, use the best available technology to restore the affected area to the condition existing immediately before the release, and comply with the City’s directives to clean up or remove any material it brought to MEC Park. If Concessionaire fails to do so promptly, the City may, after notice, take any action it deems necessary and Concessionaire shall pay all costs on demand.
SECTION 14. UTILITIES, LICENSES, PERMITS, AND TAXES
14.1 Utilities. Except as expressly assigned to the City in Exhibit I, Concessionaire shall pay all expenses of the Concession Operations, including all utilities serving the Concession Location, within twenty (20) days after receipt of invoice, and shall furnish evidence of payment on request. All utilities shall be placed in the name of Concessionaire and are not transferable to any other party or location. If additional utility lines are required in connection with capital improvements made by the City or Concessionaire, the connection and ongoing costs may be shared as the Parties agree in writing. 37 The City is responsible for utility system upgrades necessary for safe, secure, and code-compliant operation, within available funding. The City will use reasonable efforts to continue existing service but does not guarantee it.
Concessionaire waives all claims arising from any interruption, including any claim for abatement, shall maintain contingency arrangements for animal welfare, and has no recourse where the City cannot provide service because of a consumption limit, curtailment, or legal restriction.
14.2 Licenses and Permits. Concessionaire shall obtain and maintain at its sole cost all licenses, permits, and approvals required for the Concession Operations, including a City business license, all subject to City code enforcement and to safety, health, and fire inspection. Concessionaire shall comply with all applicable provisions of the Monterey County public health code. Failure to obtain or maintain any required license or permit is an Event of Default.
14.3 Taxes. Concessionaire shall pay before delinquency all taxes and assessments lawfully imposed on its property, operations, or interest. Pursuant to Revenue and Taxation Code section 107.6, Concessionaire is notified that its use of public property may create a possessory interest subject to property taxation for which Concessionaire may be liable.
The City makes no representation regarding the existence or amount of any such tax.
SECTION 15. PERSONNEL
15.1 Staffing and Qualifications. Concessionaire shall employ at its sole expense a qualified General Manager and sufficient qualified staff to perform the Required Services at the required levels, shall identify its General Manager and key personnel to the City in writing, and shall notify the City within five (5) business days of any change. All employees shall clear a criminal background check (including Live Scan) satisfactory to the City before beginning work. All personnel who instruct, supervise, or have contact with minors shall in addition be at least eighteen (18) years of age and shall hold current CPR and first aid certification. The manager of the operation shall at all times satisfy the minimum qualifications stated in the RFP, including not less than five (5) years of experience within the preceding ten (10) years in the operation and maintenance of an equestrian facility and of a comparable park, recreational, educational, or entertainment facility, and any successor manager requires the City’s written approval. Concessionaire shall maintain records of all clearances and certifications, produce them on request, and adopt and enforce a policy on the prevention and reporting of abuse and molestation.
15.2 Conduct; Removal. On written request of the City stating the reason, Concessionaire shall immediately remove from MEC Park any person whose conduct the City determines is detrimental to the public, park resources, animal welfare, or the operation of MEC Park. The request is not an exercise of control over Concessionaire’s employment decisions.
15.3 On-Site Presence. Any overnight caretaker or security presence requires prior written City approval, is limited to animal welfare and site security, does not constitute a tenancy or residence, and creates no occupancy right. No residential use of any structure at MEC Park is permitted absent separate written City approval and full compliance with Applicable Laws.
15.4 Labor Compliance. Concessionaire is solely responsible for all wages, benefits, payroll taxes, workers’ compensation, and compliance with all labor and employment laws.
SECTION 16. SIGNAGE AND PUBLICITY
16.1 Federal Lands to Parks Sign. Concessionaire shall not remove, obscure, alter, or damage any permanent sign required by Deed Condition No. 2 identifying MEC Park as parkland acquired from the federal government for use by the general public, and shall promptly report any damage to it. The City’s current NPS guidance is that the sign bear the language:
“This park land was acquired through the FEDERAL LANDS TO PARKS PROGRAM of the United States Department of the Interior, National Park Service, for use by the general public.”
16.2 Other Signage. Concessionaire shall place no sign, banner, or advertisement at MEC Park without the City’s prior written approval as to content, size, materials, and location. The City may remove any unapproved sign without prior notice at Concessionaire’s expense.
16.3 Publicity. All promotional material in any medium shall identify Concessionaire as an authorized concessionaire of the City of Marina, accurately describe MEC Park as a public park open to the general public, and not state or imply any private, exclusive, or membership character. The City may require correction of any noncompliant material.
Concessionaire shall not use the City’s name, seal, or logo without prior written approval. 38 SECTION 17. INSURANCE, SECURITY, AND LIEN
17.1 Insurance. Concessionaire shall at its own expense procure and maintain throughout the Term the insurance described in Exhibit J, all subject to City approval as to form and content, and shall require and verify that every subcontractor, subconcessionaire, vendor, and third-party operator maintains conforming insurance naming the City as an additional insured.
17.2 Lapse; No Limitation. A lapse, cancellation, or material reduction of any required coverage entitles the City to suspend Concession Operations immediately and without notice. Concessionaire shall give the City immediate written notice of any material change in its insurance program. The insurance requirements do not limit Concessionaire’s indemnity or any other obligation, and the City’s approval or acceptance of any policy is not a representation that the coverage is adequate.
17.3 Bond. The City may require Concessionaire to furnish and maintain a faithful performance bond or irrevocable standby letter of credit, in a form and from an issuer acceptable to the City, in an amount up to one (1) year’s Base Payment plus the estimated annual Capital Replacement Reserve contribution, and may increase the required amount upon a material change in the scope or risk of the Concession Operations or following any Event of Default.
17.4 Security Deposit. Before the commencement of the Term, Concessionaire shall deposit with the City, as security for the faithful performance of every obligation under this Agreement, the sum of $[__________], an amount equal to _________ times the monthly Base Payment. The City may apply the deposit, without prejudice to any other remedy, to any amount owed by Concessionaire, including self-help costs, unpaid payments, and the cost of repairing damage or removing property, and Concessionaire shall restore it in full within ten (10) days after notice. The deposit is not an advance payment, a measure of damages, or a limitation on liability, and bears no interest for Concessionaire. Any balance shall be returned within sixty (60) days after Concessionaire has fully surrendered the Concession Location and satisfied all obligations.
17.5 Lien. As additional security for performance and for payment of all damages and claims resulting from Concessionaire’s failure to perform, the City shall have at all times a first lien on all personal property, equipment, inventory, and accounts of Concessionaire located at or arising from operations at MEC Park. Concessionaire shall execute any document the City reasonably requests to perfect this lien. The City will subordinate this lien to a bona fide purchase-money security interest in specific equipment acquired for use in the Concession Operations, upon written request and on terms reasonably acceptable to the City.
SECTION 18. INDEMNIFICATION
18.1 Indemnity. To the fullest extent permitted by law, Concessionaire shall indemnify, defend (with counsel reasonably acceptable to the City), and hold harmless the City and its elected and appointed officials, officers, employees, agents, and volunteers, and the United States of America, the Secretary of the Interior, NPS, and the Department of the Army and their officers, employees, and agents (the “Indemnified Parties”), from all claims, demands, actions, losses, liabilities, damages, fines, penalties, judgments, response costs, and expenses of every kind, including attorneys’ and expert fees, arising at any time out of or in any way connected with, actually or allegedly, in whole or in part: (a) any act or omission of Concessionaire or its officers, employees, agents, contractors, subcontractors, subconcessionaires, vendors, volunteers, boarders, or invitees; (b) any breach or default by Concessionaire; (c) Concessionaire’s use, occupancy, or operation of MEC Park; (d) any injury to or death of any person or damage to property occurring at MEC Park in connection with the Concession Operations, including injury caused by any animal; (e) any release or threatened release of Hazardous Material by Concessionaire or its personnel or invitees; or (f) any failure to comply with the Deed, the POU, or Applicable Laws. This indemnity extends to any liability the City incurs to the United States under Deed Conditions Nos. 8, 20.3, and 24 on account of Concessionaire’s acts, omissions, or use of MEC Park. Concessionaire shall promptly notify the City of all losses, injuries, and claims.
18.2 Limitation. Concessionaire need not indemnify or defend the City to the extent liability is caused by the sole negligence or willful misconduct of the City, its officers, employees, or agents, as determined by written agreement of the Parties or final judgment by a court of competent jurisdiction. Where the City’s fault accounts for only a portion of the liability, Concessionaire’s obligation extends to the portion not attributable to the City’s sole negligence or willful misconduct.
18.3 Defense and Settlement. The duty to defend arises upon tender and is independent of the duty to indemnify. The City may at its election retain separate counsel to participate in the defense at Concessionaire’s expense if Concessionaire fails to provide a defense reasonably satisfactory to the City or if a conflict of interest exists. No claim may be settled on terms that impose any obligation on, admit any liability of, or affect any right of the City without the City’s prior written consent.
39 18.4 Subcontractor/Subconcessionaire Indemnity. Concessionaire shall obtain from every contractor, subcontractor, subconcessionaire, vendor, and third-party operator an executed indemnity in favor of the Indemnified Parties containing provisions identical to this Section, or such other provisions as the City approves in writing; if it fails to do so, Concessionaire remains fully responsible under this Section for that party’s acts and omissions.
SECTION 19. ASSIGNMENT AND CHANGE OF CONTROL
19.1 No Assignment. Concessionaire shall not assign, transfer, sell, hypothecate, encumber, pledge, or otherwise dispose of this Agreement or any interest in it, voluntarily or by operation of law, and shall not sublet, license, or permit the use or occupancy of any portion of the Concession Location by any other person, without the City’s prior written consent, which the City may withhold in its sole and absolute discretion, and without NPS concurrence to the extent required by the Deed.
19.2 Change of Control. A transfer, in one or a series of transactions, of more than [twenty-five percent (25%)] of the ownership interests or voting control of Concessionaire, a merger or consolidation, a sale of all or substantially all of its assets, or a change in the persons controlling day-to-day management of the Concession Operations is an assignment requiring the City’s consent.
19.3 Effect of Violation. Any purported assignment, transfer, encumbrance, sublease, or change of control in violation of this Section is void, is an Event of Default for which no cure period is required, and is separately grounds for immediate termination by the City. The City’s consent to one transaction is not consent to any other.
SECTION 20. COMPLIANCE WITH THE DEED, THE POU, AND NPS REQUIREMENTS
20.1 Subordination; Order of Precedence. This Agreement and all Concession Operations are subject and subordinate to the Deed, the POU, the NPS Letter, and all NPS requirements applicable to MEC Park, which are incorporated by this reference and bind Concessionaire to the same extent they bind the City. In any conflict, the Deed controls, then NPS requirements, then the POU, then this Agreement. MEC Park is held by the City for public park and public recreation area purposes in perpetuity, and every use must serve that purpose.
20.2 Reversion. Concessionaire acknowledges that under Deed Condition No. 26 the United States may, upon an uncured breach, elect to cause all right, title, and interest in MEC Park, together with all improvements and without compensation, to revert to the United States; that under Condition No. 28 the City must protect and maintain the Property pending reversion; and that Concessionaire’s own personal property and improvements may be subject to seizure by the United States without compensation. If the United States gives notice of intent to revert or of a breach that could result in reversion, the City may direct Concessionaire to take specified corrective action at Concessionaire’s sole cost and may suspend or terminate this Agreement immediately, without compensation of any kind.
20.3 NPS Review and Direction. This Agreement and any amendment, extension, or successor agreement must be reviewed by NPS for consistency with the terms of the property transfer, including to ensure that MEC Park is operated as a public park and that public access and enjoyment are not unduly restricted by private use, and NPS may require changes as a condition of concurrence. Concurrence by NPS is required for the award of this Agreement. Concessionaire shall cooperate in that review and shall execute any amendment the City determines is necessary to obtain or maintain concurrence within thirty (30) days after request; failure to do so is an Event of Default. If NPS or the Secretary of the Interior directs, requests, or advises the City to modify, suspend, or terminate this Agreement or any Concession Operation, or declines to concur in any amendment or extension, the City may act accordingly immediately upon written notice, without compensation or liability, and Concessionaire waives any claim arising from such action.
20.4 Concessionaire Covenant Under Deed Condition No. 5(5). Concessionaire, as a person authorized to provide services under the program for which the Deed was made, undertakes for itself, its successors, and assigns the same nondiscrimination and program obligations imposed on the City by Deed Condition No. 5, agrees that the United States may seek judicial enforcement of that covenant, and consents to the City furnishing a copy of this Agreement to the Secretary of the Interior.
SECTION 21. DEFAULT AND CITY REMEDIES
21.1 Events of Default. Each of the following is an “Event of Default”:
(a) Failure to pay any amount when due, not cured within ten (10) days after written notice. 40 (b) Failure to provide any Required Service at the service level, frequency, capacity, or hours required by this Agreement, the Operating Plan, Exhibit D, or Exhibit L , or failure to open or operate as scheduled (nonperformance), not cured within ten (10) days after written notice, provided that where the failure creates a risk to public health or safety or animal welfare the cure period is such shorter period as the City specifies, which may be immediate.
(c) Failure to meet any performance standard in Exhibit L, or to submit or perform a Performance Improvement Plan, or receipt of two (2) consecutive “unsatisfactory” annual performance ratings, or three (3) ratings of “marginal” or worse in any five-year period.
(d) Breach of any other term of this Agreement, not cured within fifteen (15) days after written notice specifying the breach; provided that if the breach cannot reasonably be cured in that time, Concessionaire is not in default if it commences cure and submits a written cure schedule acceptable to the City within that period and thereafter diligently completes the cure within the time the City approves. (e) Commission of the same or a substantially similar breach two (2) or more times within any twelve (12) month period, whether or not previously cured. No cure period applies to a repeat breach. (f) Use of MEC Park for any unauthorized purpose, or in any manner inconsistent with the Deed, the POU, or the NPS Letter, or any action the City determines creates a risk of reversion under Deed Condition No. 26. (g) Violation of this Agreement’s prohibitions on boarding practices, management agreements, private and exclusive- use events, or assignment or change of control, or of the prohibited uses listed in Exhibit D, or the grant to any person of any lease, easement, tenancy, possessory interest, or other property right in any portion of MEC Park.
A good faith position taken by Concessionaire in a possessory interest tax proceeding is not a violation of this subsection.
(h) Failure to obtain or maintain, or the lapse, cancellation, or material reduction of, any required insurance, bond, or letter of credit, or failure to restore the Security Deposit when required. (i) Failure to make timely deposits to, maintain, or expend when directed the Capital Replacement Reserve. (j) Failure to submit any required report, record, certification, or data by the date due, or submission of any report, record, or certification that is materially false, incomplete, or misleading. (k) Understatement of Gross Receipts by ten percent (10%) or more, any intentional understatement, or any fraud, misrepresentation, or dishonest act in the performance or procurement of this Agreement. (l) Abandonment or vacation of the Concession Location, or cessation of the Required Services, for more than three (3) consecutive days without prior written City approval. (m) Conviction of Concessionaire or any of its principals, officers, or key personnel of a felony, of any crime involving fraud, dishonesty, or moral turpitude, or of any offense involving abuse of or a crime against a minor or vulnerable adult; debarment or suspension by any government agency; or an agency finding of violation of any animal welfare law.
(n) Any condition the City determines presents an imminent threat to public health or safety, animal welfare, or park, historic, or natural resources, not abated within the time the City specifies. (o) Appointment of a receiver or trustee for all or substantially all of Concessionaire’s assets, an assignment for the benefit of creditors, the filing of a petition by or against Concessionaire under any bankruptcy or debtor relief statute, or the taking of Concessionaire’s interest upon execution or attachment; in the case of an involuntary filing, only if not dismissed or vacated within thirty (30) days. Concessionaire shall give the City written notice within five (5) days after any such filing or proceeding. The Parties intend that this Agreement is not a lease but a revocable privilege and an executory contract.
(p) Failure to comply with any final order, citation, or notice of violation of any regulatory agency within the time required by that order.
21.2 Remedies. Upon an Event of Default the City may exercise any one or more of the following, concurrently or successively, in addition to every other right or remedy at law or in equity, all of which are cumulative and non- exclusive: suspend all or part of the Concession Operations; perform the obligation and recover the cost plus a fifteen percent (15%) administrative charge; withdraw any portion of the Concession Location without the notice otherwise required; draw upon the Security Deposit, bond, or letter of credit and require its restoration; withhold any approval, 41 consent, or extension; terminate this Agreement; recover all damages caused by the default, including the cost of re- procuring the services, the cost of operating or securing the Concession Location, enforcement costs, and, at the City’s election in lieu of re-procurement damages, all amounts that would have been payable to the City for the remainder of the Term, discounted to present value; and obtain specific performance, injunctive relief, or a receiver, the Parties agreeing that damages alone are inadequate for a breach that impairs public use of parkland held in perpetual public trust or creates a risk of reversion.
21.3 No Compensation; No Waiver; Waiver of Notice Statutes. Except only for the proportionate Base Payment reductions this Agreement provides for withdrawn facilities and reduced boarding stalls, and any abatement the City grants in its discretion during a suspension, no compensation or adjustment of any nature is due Concessionaire on account of any suspension, withdrawal of facilities, modification, or termination, including for lost income, lost profits, unamortized investment, goodwill, or expenditures made in reliance on this Agreement. No failure or delay by the City in complaining of any act or omission, in exercising any right, or in declaring a default, however long continued, is a waiver; no waiver is effective unless in writing signed by the City Manager; a waiver on one occasion is not a waiver on any other; and acceptance of any payment or performance after a default waives no default. Because this Agreement is not a lease, Concessionaire waives, to the extent permitted by law, any right to notice or reinstatement under Code of Civil Procedure sections 1161 and 1179 and any comparable statute, and any right to relief from forfeiture, to the extent applicable.
SECTION 22. SUSPENSION AND TERMINATION
22.1 Suspension. The City may suspend all or part of the Concession Operations at any time on written notice to protect the public, park, historic, or natural resources, or animal welfare, to comply with an NPS direction, or upon any Event of Default, effective immediately where circumstances require. No compensation is due and no payment obligation is abated, except that the City may in its discretion abate the Base Payment during a suspension not caused by Concessionaire. Concessionaire shall resume operations promptly upon written notice lifting the suspension.
22.2 Termination for Default. Upon the occurrence of any Event of Default, the City may terminate this Agreement effective immediately, or on such later date as it specifies, by written notice, without compensation of any kind and without relieving Concessionaire of any accrued or surviving obligation. Where a cure period is stated for an Event of Default, the default occurs only if the breach is not cured within that period. Where no cure period is stated, the default occurs upon the event, and the City may exercise any remedy, including immediate termination, on written notice and without affording an opportunity to cure.
22.3 Termination for Convenience. The City may terminate this Agreement for any reason or no reason upon [ninety (90) days’ written notice]. Concessionaire’s sole entitlement is to conduct the Concession Operations through the effective date of termination; no other compensation of any nature is due.
22.4 Immediate Termination on Non-Default Grounds. Whether or not an Event of Default has occurred, the City may terminate effective immediately upon written notice, without any cure period, upon: (a) any determination by the City that continued operation presents an imminent threat to public health or safety, animal welfare, or park, historic, or natural resources; (b) any notice from the United States of a breach of the Deed that could result in reversion, or any exercise or threatened exercise of the reversion right; (c) any direction or request from NPS or the Secretary of the Interior to modify, suspend, or terminate this Agreement or any Concession Operation, or any refusal by NPS to concur; (d) any withdrawal, revocation, suspension, or expiration of an NPS concurrence previously obtained; or (e) any Event of Default arising from fraud, misrepresentation, dishonesty, or a qualifying understatement of Gross Receipts; from a felony or other disqualifying conviction, debarment, or agency finding of an animal welfare violation; or from receivership, an assignment for the benefit of creditors, or a bankruptcy or debtor relief filing. A failure to obtain NPS concurrence in the first instance renders this Agreement void rather than terminated.
22.5 Termination by Concessionaire. Concessionaire may terminate without cause upon [one hundred eighty (180) days’ prior written notice], and remains fully liable for every obligation, including payment obligations, through the effective date and for its surrender and transition obligations. Concessionaire may terminate for the City’s material breach only after written notice specifying the breach and the City’s failure to cure within sixty (60) days, or, if the breach cannot reasonably be cured in that time, to commence cure within that period and thereafter diligently prosecute it.
22.6 Automatic Termination; Effect. This Agreement terminates automatically, without notice, upon expiration of the Term, upon reversion of title to the United States, or upon the dissolution of Concessionaire. Upon expiration or termination for any reason: all amounts accrued through the effective date become immediately due, and the unexpended Capital Replacement Reserve balance is due within fifteen (15) days; all additions, alterations, and improvements become the property of the City without compensation, subject to the City’s option to require removal and restoration; 42 Concessionaire shall surrender the Concession Location as provided below; and all provisions intended by their nature to survive shall survive.
SECTION 23. SURRENDER AND TRANSITION
23.1 Surrender. Concessionaire shall surrender the Concession Location in as good or better condition as at the commencement of the Term, ordinary wear excepted, broom clean, free of all animals, manure, feed, bedding, refuse, liens, and Concessionaire property. Concessionaire shall complete all outstanding maintenance and repair obligations before surrender or, at the City’s election, pay the City the reasonable cost of completing them.
23.2 Removal of Property. Concessionaire shall remove all of its personal property and all animals within sixty (60) days after expiration or termination, or sooner if the City requires, and shall repair any damage caused by removal. Property remaining after that period is subject to a City-determined storage charge. On the sixtieth (60th) day after expiration or termination, all personal property of Concessionaire remaining at MEC Park, other than property the City has elected to use during the transition, becomes the property of the City without compensation; Concessionaire forfeits any interest in it, and the City may sell, transfer, donate, or dispose of it without further notice and retain all proceeds. If Concessionaire fails to vacate, the City may re-enter and remove Concessionaire, its personnel, animals, and property, and shall have every other remedy at law or in equity.
23.3 Transition Deliverables. Not later than one hundred twenty (120) days before expiration, and within ten (10) days after any notice of termination, Concessionaire shall deliver to the City a written Transition Plan for approval and shall designate a transition coordinator. Not later than the effective date of expiration or termination, or on such earlier date as the City specifies, Concessionaire shall deliver to the City, in electronic and hard copy: all boarding waiting lists, applications, allocation records, executed boarding agreements, and the current horse roster; all customer reservation and enrollment data, with payment of the unearned balance of all gift certificates, prepaid packages, credits, and deposits; all animal, veterinary, and vaccination records; all maintenance records, work order histories, warranties, and inspection reports; all permits, licenses, and regulatory correspondence; all environmental records; all keys, access codes, and administrative credentials, and all domain names, social media accounts, and telephone numbers used to promote MEC Park; a final accounting of Gross Receipts, amounts due the City, and Capital Replacement Reserve activity; and a current inventory of City-owned personal property reconciled to Exhibit G. Concessionaire shall not remove or destroy any record required to be delivered under this Section.
23.4 Continuity of Public Services. Concessionaire shall continue to provide all Required Services at full service levels through the effective date and shall not reduce hours, cancel programs, or discontinue any service in anticipation of the transition. Upon the City’s request, Concessionaire shall (a) allow the City or a successor operator to use, for not more than one hundred eighty (180) days after expiration or termination, its personal property used in the Concession Operations (excluding inventory and intangible assets), at a fee equal to that property’s annual depreciation plus a return on book value at the prime rate then published by the Federal Reserve Board, prorated for the period of use; and (b) sell its usable inventory to the successor at documented invoice cost. Concessionaire shall cooperate reasonably with the City and any successor, including site visits and orientation during the final sixty (60) days, shall not solicit boarders, customers, participants, or employees away from MEC Park during the transition, shall not disparage the City, MEC Park, or any successor operator, and shall not represent that MEC Park will close or that services will be discontinued unless the City has so advised.
23.5 Boarder Notice. Concessionaire shall notify every boarder in writing, in a form approved by the City, not less than twenty (20) days before expiration of this Agreement or immediately upon notice of termination, that boarding at MEC Park is subject to this Agreement, that no renewal is guaranteed, and of the date by which the horse must be removed.
SECTION 24. GENERAL PROVISIONS
24.1 Independent Contractor. Concessionaire is an independent contractor. This Agreement creates no employment, agency, partnership, joint venture, or representative relationship and gives neither Party the right to supervise or direct the functions of the other. Neither Party may act for or obligate the other.
24.2 Force Majeure. Concessionaire is not in default for a temporary interruption of Concession Operations caused directly by riot, war or declared national emergency affecting the City of Marina, sabotage, civil disturbance, insurrection, explosion, flood, earthquake, landslide, wildfire, strike or other labor disturbance, government-ordered closure of general application, or other catastrophic event beyond its reasonable control, provided Concessionaire gives written notice within five (5) days, uses diligent efforts to resume, and continues to care for all animals. “Catastrophic event” does not include Concessionaire’s financial condition or ability to perform, loss of any employee or contractor, change 43 in market conditions or demand, increase in cost, or any permitting failure resulting from Concessionaire’s own act, omission, or lack of diligence. The event excuses performance only while it continues and only to the extent of the actual interruption; it does not excuse any amount accrued before the event, extend the Term, or limit the City’s right to suspend or terminate. If the event continues more than ninety (90) consecutive days, either Party may terminate on thirty (30) days’ written notice without compensation to Concessionaire.
24.3 Notices. Notices shall be in writing and are deemed given upon personal delivery, one (1) business day after deposit with a nationally recognized overnight courier, or three (3) business days after deposit in the United States mail, registered or certified, return receipt requested, addressed to the City at City Manager, City of Marina, 211 Hillcrest Avenue, Marina, California 93933, with a copy to the City Attorney at the same address, and to Concessionaire at [Name, Title, Address]. Either Party may change its address by written notice. Any notice the City may give with immediate effect may also be given by hand delivery to the person then in charge at the Concession Location or by posting there, effective upon delivery or posting.
24.4 Dispute Resolution; Venue. If a dispute arises as to the interpretation or application of this Agreement, the Parties shall meet and confer in good faith within fifteen (15) days after written request, and may by mutual written agreement submit the dispute to mediation with the mediator’s cost shared equally. Any action arising out of this Agreement shall be filed and maintained exclusively in the Superior Court of California, County of Monterey, and California law governs without regard to conflicts principles. No dispute may be submitted to binding arbitration except by separate written agreement executed after the dispute arises and approved by the City Council. The existence of a dispute does not excuse or delay Concessionaire’s obligation to perform, to pay any amount when due, or to comply with any City direction, and does not suspend the City’s right to exercise any remedy. Any claim by Concessionaire for money or damages against the City is subject to the claims presentation requirements of Government Code sections 900 et seq. and 910 et seq., compliance with which is a condition precedent to suit.
24.5 Attorneys’ Fees. In any action to enforce or interpret this Agreement, the prevailing party is entitled to its reasonable attorneys’ fees, expert fees, and costs, including those incurred on appeal and in enforcing any judgment.
24.6 Entire Agreement; Amendment; Exhibits. This Agreement, including all Exhibits, contains the entire agreement of the Parties and supersedes all prior negotiations, representations, and agreements, except that the commitments made in the Proposal survive and are enforceable by the City as obligations of Concessionaire; in any conflict between this Agreement and the Proposal, this Agreement controls. No alteration, amendment, or addition is valid unless in writing signed by both Parties and, where required by the Deed, concurred in by NPS. No oral representation forms the basis of or may amend this Agreement. All Exhibits are incorporated by reference. In any conflict the order of precedence is:
the Deed; NPS requirements, including the NPS Letter; the POU; the main body of this Agreement; and then the remaining Exhibits.
24.7 Severability. If any provision is held invalid or unenforceable it shall be severed and the remainder shall continue in effect, provided that if severance would defeat the public park purpose or NPS concurrence the City may terminate on thirty (30) days’ notice.
24.8 No Third-Party Beneficiaries; Successors. Except for the Indemnified Parties and the United States, this Agreement confers no right on any third party. Subject to the restrictions on assignment, it binds and benefits the Parties and their permitted successors.
24.9 Time; City Discretion. Time is of the essence in the performance of every obligation of Concessionaire. Wherever this Agreement provides for a City determination, approval, consent, or election, the City may exercise its reasonable discretion, except where this Agreement states the City may act in its sole discretion or sole and absolute discretion, in which case no standard of reasonableness applies and no implied covenant limits the City’s exercise of that discretion.
24.10 Non-Appropriation. Nothing in this Agreement obligates the City to expend in any fiscal year any sum in excess of amounts appropriated by the City Council, and no provision shall be construed to create a debt or liability of the City in excess of such appropriations.
24.11 Conflicts; Debarment; Authority. Concessionaire warrants that no City officer or employee has any financial interest in this Agreement in violation of Government Code sections 1090 et seq. or 87100 et seq.; that no City employee is able to influence the selection of a proposer, and no spouse or economic dependent of such an employee, is employed by Concessionaire or has any direct or indirect financial interest in this Agreement; that neither Concessionaire nor anyone acting on its behalf has offered or given anything of value to any City officer, employee, or agent to secure favorable treatment, and that Concessionaire shall immediately report to the City Manager any solicitation of such a payment; that it has employed no person to solicit or secure this Agreement for a contingent fee; and that neither it nor any of its 44 principals is debarred, suspended, or excluded from participation in any government program, and shall notify the City immediately if that changes. Each person signing warrants authority to bind the Party on whose behalf they sign.
24.12 Counterparts; Construction. This Agreement may be executed in counterparts, each an original, and signatures delivered electronically have the same effect as originals. This Agreement is the product of negotiation and shall not be construed against either Party as drafter; headings are for convenience only; and “including” means “including without limitation.”
24.13 Survival. The provisions of this Agreement concerning the absence of any compensable interest, accrued payments, records and audit, prevailing wages, environmental compliance and hazardous materials, indemnification, City remedies, the waiver of compensation and of notice statutes, the effect of expiration or termination, surrender and transition, and these general provisions survive expiration or termination, together with every other provision that by its nature is intended to survive.
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first written above.
CITY OF MARINA
By: ______________________________________ [Name], City Manager
APPROVED AS TO FORM: ______________________________________ [Name], City Attorney
ATTEST: ______________________________________ [Name], City Clerk
[CONCESSIONAIRE NAME]
By: ______________________________________ [Name], [Title]
EXHIBITS
Exhibit A - Quitclaim Deed (Instrument No. 9824966)
Exhibit B - MEC Park Site Map
Exhibit C - Concession Location
Exhibit D - Required Services, Authorized Services, and Prohibited Uses Exhibit E - Equestrian Boarding Program Rules
Exhibit F - Asbestos and Lead-Based Paint Surveys
Exhibit G - Personal Property and Fixtures Inventory
Exhibit H - Operating Plan
Exhibit I - Maintenance Plan and Allocation of Services and Utilities Exhibit J - Insurance Requirements
Exhibit K - Program of Utilization and NPS Letter
Exhibit L - Performance Standards
Exhibit M - Concessionaire’s Proposal
45 EXHIBIT D
REQUIRED SERVICES, AUTHORIZED SERVICES, AND PROHIBITED USES [SAMPLE ONLY; EXHIBIT TO BE UPDATED BASED ON PROPOSAL ACCEPTED; EXCEPT FOR PROHIBITED USES, WHICH ARE PROHIBITED PER QUITCLAIM DEED ]
D-1. REQUIRED SERVICES
Concessionaire shall provide each of the following, at not less than the minimum levels stated in Exhibit L:
1. Public riding lessons and equine husbandry instruction for all ages and ability levels, on a published schedule open to enrollment by any member of the public.
2. Guided trail rides of varying durations, on a published schedule, open to the general public.
3. Public horse rentals for use at MEC Park and on adjoining public trails, subject to rider qualification and safety requirements.
4. Youth and adult equine day camps and programs, including summer and school-break sessions.
5. Pony rides and introductory experiences for young children and first-time riders.
6. Group programming, including school field trips, scouting and youth organization outings, and community group programs.
7. Historic and cultural interpretation of the Fort Ord Station Veterinary Hospital buildings and the site’s military and equestrian history, consistent with the POU, together with interpretive displays approved by the City.
8. Public benefit programming, including fee-waiver or scholarship slots for Marina residents, youth, and low-income participants; accessible or adaptive riding opportunities; and free public open-house days.
9. Short-term visitor boarding under Exhibit E.
10. Maintenance, animal care, and site security in accordance with the Operating Plan, Exhibit I, and the condition standards in Exhibit L-2.
11. Environmental, equestrian, and historical education programming, including exhibits, demonstrations, and workshops.
12. Operation of the building at 2834 5th Avenue as a visitor center offering trail amenities and informational programming, and of the building at 2836 5th Avenue as a museum or exhibit space, in each case using mixed media approved by the City.
13. Therapeutic and adaptive equine services, including PATH and EAGALA or equivalent programs, at not less than the minimum stated in Exhibit L-1(8).
14. Operation of MEC Park as a trailhead and gateway to the Fort Ord National Monument, Fort Ord Dunes State Park, and the Fort Ord Rec Trail and Greenway, including public trail information and amenities.
D-2. AUTHORIZED SERVICES
Concessionaire may, with the City’s prior written approval of the activity, schedule, and location, provide the following. No authorization is exclusive.
1. Wagon, carriage, hayride, and stagecoach rides.
2. Themed events, clinics, and horse shows open to public spectatorship.
3. Living history programs and reenactments.
4. Team-building and company group programs.
5. Equine-assisted therapeutic programs by qualified providers (for example, PATH, EAGALA, Horses for Heroes), consistent with the POU.
6. Petting zoo and small-animal exhibits, subject to the Animal Care and Welfare Plan. 46 7. Bicycle rentals and guided bicycle tours, ropes courses, fitness-based activities, and other non-motorized equipment rentals consistent with the POU.
8. Food and beverage service, including use of the 2832 5th Avenue culinary area for event staging and trail hub snacks, food trucks, and catered events, subject to health permits.
9. Weddings and private-event packages, subject to the limits on private and exclusive-use events.
10. Off-site and beach rides originating at MEC Park, subject to all permits from agencies with jurisdiction.
11. Retail sales of merchandise reflecting the equestrian, historic, and interpretive themes of MEC Park.
12. Museum or exhibit space for equine and Fort Ord memorabilia.
13. Live music and public performances, subject to noise limits and City approval.
14. Overnight trailer parking, subject to separate written City approval.
15. Limited-duration public boarding, only as authorized under Exhibit E.
16. Support for City-operated programs and events.
D-3. PROHIBITED USES
1. Any boarding not expressly permitted by Exhibit E, and any boarding or other arrangement establishing a right of exclusive occupancy, a right of renewal, or dedicating any portion of MEC Park to private use.
2. Any private club or membership arrangement, and any event or use that does not comply with the limits on private and exclusive-use events.
3. Any residential occupancy except as expressly approved by the City in compliance with 24 C.F.R. Part 35, Subpart H.
4. Any water well or use of groundwater.
5. Any activity that is not a Required or Authorized Service and is not separately approved in writing by the City.
6. Any assignment, sublease, license, or management agreement except as this Agreement expressly permits.
D-4. STAFFING
Concessionaire shall employ at minimum a General Manager responsible for overall operations, permits, customer service, safety and emergency procedures, and coordination with the City; a Lead Instructor with at least three (3) years of lesson instruction experience, proficient in the disciplines offered; sufficient instructors, support staff, and maintenance personnel to deliver the Required Services; and an approved overnight site presence. All personnel shall satisfy the qualification and background check requirements of this Agreement.
47 EXHIBIT E
EQUESTRIAN BOARDING PROGRAM RULES
[SAMPLE ONLY; EXHIBIT TO BE UPDATED BASED ON PROPOSAL ACCEPTED ]
This Exhibit governs boarding and gives effect to the conditions in the National Park Service letter of January 12, 2017, on which NPS concurrence in the Program of Utilization is expressly conditioned. Bracketed values are to be completed by the City before execution.
E-1. CATEGORIES, CAPS, AND TERMS
Category 1 - Program Horses. Horses owned or leased by Concessionaire and actually in public service. Cap: [____] stalls.
Category 2 - Short-Term Visitor Boarding. Maximum term [ ] consecutive days; not renewable, and the same horse or owner may not board again in this category within thirty (30) days after a stay without written City approval. Cap:
[____] stalls.
Category 3 - Limited-Duration Public Boarding, on a self-care or full-care basis. Permitted only if authorized in the approved Boarding Plan, and only after public-access use of the stabling facilities has been maximized. Cap: not more than [ ] of total stalls at MEC Park and in no event more than [____] stalls. Maximum term [ ] months. No renewal, extension, holdover, or right of first refusal. After a term expires, neither the horse nor the owner (nor any member of the owner’s household) is eligible for another Category 3 award for [ ] months. Limit of one (1) horse per household at any time.
Reserved. Not fewer than [____] stalls shall be held available at all times for public programs, City programs, event use, and short-term visitor boarding, and may not be committed to Category 3. If at any time transient or public-access demand cannot be met from available stalls, Concessionaire shall remove privately boarded horses as necessary to meet that demand, on not more than [ ] days’ notice to the boarder.
E-2. EQUITABLE PUBLIC ALLOCATION
(a) Public notice. Concessionaire shall advertise the availability of boarding opportunities on its website, at MEC Park, and by notice to the City for posting on the City’s website, not less than thirty (30) days before each allocation cycle. (b) Waiting list. A single written waiting list for each category shall be maintained in the order applications are received, on a City-approved form, publicly posted (with applicant names redacted as required by law), showing each applicant’s position and application date, and open to inspection by the City and NPS at any time. (c) Allocation cycles. Category 3 opportunities shall be awarded in cycles occurring not less often than [ ], in waiting list order. Random selection shall be used solely to establish the relative order of applicants whose applications were received on the same day or during the same open-enrollment window, conducted openly and documented in writing.
An applicant who declines an award retains its position for one cycle and is then placed at the end of the list. (d) Rotation. An applicant who has completed a Category 3 term is placed at the end of the waiting list, behind all applicants who have not previously held an award, and is subject to the waiting period in Section E-1. (e) No preferences. No preference or priority may be given on the basis of any relationship to Concessionaire, including officers, employees, contractors, family members, affiliates, prior boarders, or persons who have made any donation or payment. Any such preference is a prohibited boarding practice. (f) Uniform published rates. Boarding rates shall be uniform within each category, published, and approved by the City. No premium, deposit, key fee, donation, or other charge may be required as a condition of an award beyond the published rate and a reasonable City-approved security deposit.
E-3. OPERATING RULES
(a) No boarder has a right to any specific stall, turnout, or arena, and Concessionaire may relocate any horse as necessary for park operations, public programs, maintenance, or City direction. (b) No boarder may install or maintain any sign, lock, gate, fence, storage structure, or other indicium of private or reserved use anywhere at MEC Park.
48 (c) Boarder access is limited to park hours established by the Marina Municipal Code, except as the City approves in writing for animal welfare.
(d) Arenas, round pens, trails, and other facilities shall be available to the general public and to public programs on the same terms as to boarders; no facility may be reserved for boarders’ exclusive use. (e) Every boarding agreement shall be on the City-approved form and shall state on its face, in bold type: that MEC Park is public parkland acquired through the Federal Lands to Parks Program and dedicated to public park and public recreation use in perpetuity; that the agreement conveys no interest in real property, no right of exclusive occupancy, and no right of renewal; that it is subordinate to this Agreement and terminates automatically upon the expiration, suspension, or termination of this Agreement; and that the City may require removal of the horse. (f) Concessionaire shall require and maintain proof of current vaccination, any veterinary required test, and liability insurance from every boarder.
E-4. REPORTING AND OVERSIGHT
(a) The quarterly Boarding Program Report shall show, for the period: stalls in use by category; applicants and awards by category; waiting list length and movement; boarding revenue by category; any relocation, removal, or early termination; and an officer’s certification that the program has been administered in full compliance with this Exhibit.
A materially false or incomplete report is an Event of Default . (b) The City may audit the boarding program at any time, with or without notice, including by reviewing records, observing an allocation cycle, and contacting applicants and boarders. (c) The City may direct Concessionaire to reduce Category 3 stalls, suspend new awards, terminate any award made in violation of this Exhibit, or discontinue Category 3 boarding entirely, in its sole discretion, on thirty (30) days’ notice or immediately where public health or safety, animal welfare, or NPS requires. Except for the proportionate Base Payment reduction this Agreement provides for a reduction in stalls, no compensation is due Concessionaire or any boarder.
49 EXHIBIT J
INSURANCE REQUIREMENTS
J-1. MINIMUM SCOPE AND LIMITS
1. Commercial General Liability: ISO Form CG 00 01 on an occurrence basis, including products and completed operations, property damage, bodily injury, and personal and advertising injury, with limits no less than $5,000,000 per occurrence and a general aggregate twice the required occurrence limit. Coverage shall include liability arising from animals, equine activities, participants, and spectators, and shall not exclude equine or participant liability [specialized equine activity insurance may be required].
2. Automobile Liability: ISO Form CA 00 01, any auto (Code 1), or if no owned autos, hired (Code 8) and non-owned (Code 9) autos, with limits no less than $1,000,000 per accident, extending to horse trailers and towed equipment.
3. Workers’ Compensation: statutory limits, with Employer’s Liability of no less than $1,000,000 per accident for bodily injury or disease.
4. Property Insurance: all risks of loss to Concessionaire improvements, betterments, and personal property and to City- owned personal property in Concessionaire’s care, at full replacement cost with no coinsurance penalty, endorsed to include Legal Liability Coverage (ISO Form CP 00 40 or equivalent) with a limit equal to the replacement cost of the facilities within the Concession Location.
5. Sexual Abuse or Molestation: because operations include contact with minors, if the CGL policy is not endorsed to include affirmative coverage, a separate policy with limits no less than $1,000,000 per occurrence and $2,000,000 aggregate.
6. Care, Custody and Control: coverage for animals in Concessionaire’s care, custody, or control, including boarded horses, in an amount acceptable to the City.
7. Pollution Liability: if the City determines operations warrant it, limits no less than $1,000,000 per occurrence.
If Concessionaire maintains broader coverage or higher limits than required, the City is entitled to the broader coverage and higher limits, and any proceeds in excess of the specified minimums shall be available to the City.
J-2. REQUIRED PROVISIONS
Additional Insured. The City, its officers, officials, employees, agents, and volunteers, and the United States of America and its officers, employees, and agents, shall be additional insureds on the CGL and automobile policies for liability arising out of operations performed by or on behalf of Concessionaire, using endorsements at least as broad as ISO CG 20 10 11 85 or, if unavailable, CG 20 10 with CG 20 37 (later edition), together with CG 20 26, CG 20 33, or CG 20 38 as applicable.
Primary and Non-Contributory. Concessionaire’s insurance shall be primary and non-contributory, at least as broad as ISO CG 20 01 04 13, as respects the additional insureds; any insurance or self-insurance of the City is excess and shall not contribute. This applies equally to excess and umbrella policies, which must follow form or be broader and provide all required coverages.
Waiver of Subrogation. Concessionaire grants the City a waiver of subrogation and shall obtain any endorsement necessary to effect it, whether or not the City has received the endorsement.
Notice of Cancellation. Coverage shall not be canceled or materially reduced except on thirty (30) days’ prior written notice to the City, ten (10) days for non-payment of premium.
Self-Insured Retentions. Retentions must be declared to and approved by the City. No CGL or excess policy may carry a retention or deductible exceeding $25,000 without written City approval. All retentions and deductibles are Concessionaire’s sole responsibility and do not apply to the additional insureds; the policy shall provide that the retention may be satisfied by either the named insured or the City and that defense costs satisfy the retention. The City may deduct from any amount due Concessionaire to fund a retention.
Acceptability of Insurers. Insurers shall be authorized to do business in California with a current A.M. Best rating of no less than A:VII unless otherwise acceptable to the City.
Verification. Concessionaire shall furnish original certificates and amendatory endorsements, or applicable policy language, together with the declarations and endorsement pages of the CGL and any excess policies, all received and approved by 50 the City before operations commence. The City’s failure to obtain them beforehand does not waive Concessionaire’s obligation to provide them, and the City may require complete certified copies of all policies at any time.
Third Parties; Modification. Concessionaire shall require and verify conforming insurance and additional insured status from every subcontractor, subconcessionaire, vendor, and third-party operator before permitting it to operate at MEC Park.
The City reserves the right to modify these requirements, including limits and coverages, based on the nature of the risk, prior experience, insurer, coverage, or other circumstances.
51 EXHIBIT L
PERFORMANCE STANDARDS
[SAMPLE ONLY; EXHIBIT TO BE UPDATED BASED ON PROPOSAL ACCEPTED ]
Bracketed values are to be completed by the City before execution, consistent with the selected proposal.
L-1. MINIMUM SERVICE LEVELS
1. Operating days and hours. Open to the public seven (7) days per week from 8:00 a.m. until one hour after sunset, with staff present daily, excepting only [____] closure days per year approved in advance.
2. Lessons. Not fewer than [____] public lesson slots per week across not fewer than [____] ability levels, on a published schedule with open enrollment.
3. Trail rides. Not fewer than [____] public guided trail rides per week in peak season and [____] per week off-season.
4. Public horse availability. Not fewer than [____] horses in active service and suitable for public rental and instruction at all times.
5. Camps and youth programs. Not fewer than [____] camp sessions per year serving not fewer than [____] participants annually.
6. Group and school programming. Not fewer than [____] school, scout, or community group programs per year.
7. Interpretive programming. Not fewer than [____] public interpretive programs per year, plus maintenance of City- approved interpretive displays.
8. Public benefit programming. Not fewer than [____] scholarship or fee-waiver slots per year for Marina residents, youth, and low-income participants; not fewer than [____] adaptive or therapeutic sessions or referrals per year; and not fewer than [____] free public open-house days per year.
L-2. OPERATIONAL AND CONDITION STANDARDS
1. Stalls cleaned daily; fly control maintained; manure removed, disposed of, or composted from MEC Park not less than twice per week; manure cleared from public passage areas not less than twice per week.
2. Restrooms open during all park hours, stocked, and cleaned not less than daily; water troughs and wash racks cleaned and maintained.
3. Arenas dragged and maintained in safe, usable condition; footing maintained; dust controlled.
4. Grounds and buildings kept free of litter, debris, unauthorized storage, and trip hazards.
5. Animal welfare in accordance with the Animal Care and Welfare Plan; no violation of any animal welfare law; veterinary care on call at all times.
6. Nuisance abated within forty-eight (48) hours of notice, or immediately for a health or safety condition.
7. Maintenance response: emergencies within [two (2)] hours; safety-related work orders within [twenty-four (24)] hours; routine work orders within [ten (10)] days.
8. Customer complaints acknowledged within [two (2)] business days and resolved or escalated to the City within [ten (10)] business days; complaint log maintained and produced monthly.
9. Reports delivered by the dates this Agreement requires.
10. Boarding program administered in full compliance with Exhibit E.
52 EXHIBITS TO BE ATTACHED
Exhibit A - Quitclaim Deed, United States to City of Marina, executed April 13, 1998 and recorded April 24, 1998 as Instrument No. 9824966, Official Records of Monterey County, with its Exhibits A, B, and C.
Exhibit B - MEC Park Site Map showing the full 27.235-acre Property, buildings, arenas, stalls, turnouts, parking areas, and park boundaries.
Exhibit C - Concession Location map and description, identifying the areas assigned to Concessionaire and the areas reserved for general public use.
Exhibit F - Asbestos Survey Report, U.S. Army Corps of Engineers, Fort Ord Installation (April 1993), and lead-based paint survey materials for each building within the Concession Location.
Exhibit G - Inventory of City-owned personal property and fixtures, with condition noted, jointly inspected and signed by both Parties before the Commencement Date.
Exhibit H - Operating Plan, including operating days and hours, staffing, animal care and welfare, manure management, emergency action and fire protection, safety, dust and vector control, weed and pest management, and customer service procedures.
Exhibit I - Maintenance Plan and Allocation of Services and Utilities, assigning each service, utility, and building system to the City or Concessionaire, with the schedule of life-safety and accessibility items to be addressed by the City.
Exhibit K - Program of Utilization approved July 16, 2013 and adopted by Resolution 2017-28 on March 21, 2017, with the National Park Service letter of January 12, 2017.
2120592.2
53 RFP for Concession at the Marina Equestrian Park City of Marina, CA
34 54
55 56
57 58
59 60
61 62
63 Exhibit A
Description of Parcel A, Being a Portion of Fort Ord
• Military Reservation, Shown as Parcel 1 in Volume 19
CERTAIN real property Situated in Moriterey CitfLands Tract No: 1, County of Monterey, Stat� of ·calif ornia, pai:ticularly described as fallows: • • - . . . . . . . .
· PARCEL� (27.235 ACRES)
. .
. COMMENCING at a 6" concrete monument wittl lead and tack (no ·tag) found at that certain Comer Numbered two hundred sixty-one (261) of Parcel 1, as _said comer and parcel are· shown_ and - so designated . on that certain map entitled "Record of Survey showing the .
Perimeter Boundary of the Fort Ord Military Reservation,: etc.", filed September 7, 1994 in Volume 19 of Surveys, at Page 1, Records of Monterey County, Califomia,.said monument and comer being at coordinate Northing= 2138286.563 and Easting= 5745�02.987; thence (a)
(1)
(2)
(3)
(4)
'. (5)
_(6)
(7)
(8)
{9)
s. 77° 55' 43" w., 3680.54 feet to-the TRUE POINT OF BEGINNING (being at coordinate Northing =
2137516.848 and Easting = 57 4_1503.834); thence
s. 56° 33' 29" E., 181.47 feet; thence
S. 4 7° 51' 16" E., 403.83 feet; thence
S. 29° 11' 45" W., 478.33 fe�t; thence
s·. 39° 53' 22" W., 171.53 feet; thence
_s. 14° 58' 50" W.,-308,06_feet; thence
.. .
s. 20° 53' 46: w� .. 96.22 feet; thence·
I
.s_. 15° 18'.06" e:, 18_3.54 feet� thence
s. 17° 52-' 59" W. (at 78.15 feet, a point hereinafter being referred to as "Point A"), 208.16 feet; thence
N. 72° 39' 23" W., 894.99 feet; thence
(1 O) N. 16° 51' 19" E., 793.54 feet; thence
(11) N. 44° 32' 33" E., 921.14 feet to the TRUE. POINT OF BEGINNING.
City of Marina Page 9 of 11
Equestrian Center Deed of Conveyance
64 65
RESOLUTION 2017-28
A RESOLUTION OF THE CITY COUNCI L OF THE CITY OF MARINA
APPROVING THE ADOPTION AND IMPLEMENTATION OF THE PROGRAM OF
UTILIZATION FOR THE MARINA EQUESTRIAN CENTER PARK APPROVED BY THE NATIONAL PARK SERVICE ON JANUARY 12, 2017; DIRECT STAFF TO
PREPARE AND ISSUE A REQUEST FOR PROPOSAL (RFP) FOR A
CONCESSIONAIRE TO OPERATE AN EQUESTRIAN FACILITY AT THE
MARINA EQUESTRIAN CENTER PARK CONSISTENT WITH THE PROGRAM OF UTILIZATION AND DIRECTION FROM NPS; AND PROVIDE STAFF WITH ANY FURTHER DIRECTION.
WHEREAS on July 16, 2013, City Council unanimously adopted a proposed Program of Utilization (POU) for the Marina Equestrian Center Park (Exhibit A);
WHEREAS in July 2013, the proposed POU was submitted to the National Park Service;
WHEREAS on January 12, 2017, the National Park Service communicated its approval of the proposed POU with the proviso that the City establish a suitable plan to make boarding of horses an equitable park use (Exhibit B);
WHEREAS the City is authorized to seek a concessionair e to operate the equestrian facility and Council’s adoption of the POU is required preliminary to issue a Request for Proposal (RFP);
NOW, THEREFORE BE IT RESOLVED that the City Council hereby:
1. Approves Resolution No. 2017 – approving the adoption and impl ementation of the Program of Utilization for the Marina Equestrian Center Park, submitted to the National Park Service in July 2013 and approved by the National Park Service on January 12, 2017;
2. Directs staff to prepare and issue a Request for Proposal (R FP) for a concessionaire to operate an equestrian facility at the Marina Equestrian Center Park consistent with the Program of Utilization and direction from NPS
PASSED AND ADOPTED by the City Council of the City of Marina at a regular meeting duly held on the 21st day of March, 2017, by the following vote:
AYES: COUNCIL MEMBERS: Amadeo, Morton, O’Connell, Brown, Delgado NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
ABSTAIN: COUNCIL MEMBERS: None
___________________________
Bruce C. Delgado, Mayor
ATTEST:
____________________________
Anita Sharp, Deputy City Clerk
66 Proposed Program of Utilization – Approved by City Council on July 16, 2013 Page 1 Proposed Program of Utilization
This is a Program of Utilization for property known as the "Marina Equestrian Center" (herein referred to as "MEC"), deeded from the US Government to the City of Marina on April 13, 1998 under the National Park Service's Federal Lands to Parks Program.
This
program of utilization specifies the use of the property consistent with the Quitclaim Deed recorded in the County of Monterey on April 24, 1998; and specifies budget, time for completion and environmental impacts.
Physical Description
The
MEC is an approximately 35-acre facility bound by Ninth Street on the south, California Avenue to the west, Imjin Parkway to the north and the former post stockade to the east. The site includes five of the six original buildings of the 1941 Fort Ord Station Veterinary Hospital, three arenas, one round pen, 73 horse stalls, and 33 horse turnouts. Unrelated existing structures on the site are a portable building formerly used by the Army Corps of Engineers, and a shortwave radio building with accompanying radio antennas. There is a cell tower on the site from which additional monthly income for park development is generated.
Purpose
Geographically, Marina is without dispute the northern gateway to the Monterey Peninsula, Fort Ord National Monument, and Fort Ord Dunes State Park. The MEC will be key in Marina’s plans to market this identity, besides being a recreational draw in itself.
The
MEC shall serve the residents of the City of Marina and tourists to the Monterey Peninsula as a multi-use recreational facility with a primary focus on outdoor recreation serving as a primary connection between the urban and natural resources of the City of Marina by capitalizing on its proximity and connections to the newly designated Fort Ord National Monument (Department of the Interior) and the Fort Ord Dunes State Park (California State Parks). It will serve as a spacious public park with natural landscapes, stables, horse and bicycle rentals; serve as a recreation hub for activities by individuals and groups; and be a venue for public events and celebrations for the city and region. Community access and programming will be developed for the radio and portable buildings
in coordination with recreation and cultural
programs provided by the City alone and in cooperation with regional park programming providers.
The park is half a mile from another Lands to Parks transfer, consisting of 12 acres at 8th Street
and 2nd Avenue. With proper planning, the MEC will connect the two federally granted parks and provide much-coveted northern gateway to the Monterey Bay at Fort Ord Dunes State Park. The existing Monterey Bay Coastal Trail through the state park enables recreationers to travel 29 miles between Castroville to the north and Asilomar/Pacific Grove to the south. Trekkers will branch off the coastal trail into Marina and to the MEC for amenities, services, rental of horses and bikes, and greenway access to Fort Ord National Monument.
EXHIBIT A
67 Proposed Program of Utilization – Approved by City Council on July 16, 2013 Page 2 In addition to the connection between the urban and natural worlds the park will provide a connection between Fort Ord’s past and present. Combining a location rich in recreational potential with structures whose history unites a number of compelling themes, the park will beckon locals and visitors to exploration and refreshment. With enhancement of naturalistic landscapes, the addition of scenic walking paths and facilities for picnics, horse/bicycle rentals, outdoor recreation, and public
and private events, the MEC shall be the emblem of Marina excellence in recreation, as Golden Gate Park is for San Francisco.
In addition to creating new and needed recreational
opportunities, the proposal further benefits
the public by potentially anchoring a new community identity, creating jobs, and supporting the local economy. The City of Marina and its residents have identified these benefits as goals consistent with the community's vision (City of Marina, 2003).
Outdoor recreation is a $46B annual industry in California. Marina’s weather, location, and the resources given by the Army on the breakup of Fort Ord, including airport, beach, equestrian center, and trail system make it an ideal destination for outdoor recreation tourists.
Concept Plan
Outdoor recreation is prescribed by the Fort Ord Base Reuse Plan. The City of Marina is already an outdoor recreation venue on the Peninsula. The MEC is very well situated to provide both a destination venue and to fulfill the desired connection between the urban and natural resources of the City of Marina,
and the City with the newly designated Fort Ord National Monument and the Fort Ord Dunes State Park.
The MEC will provide and manage significant new
public outdoor recreation opportunities for
all on the park site and the surrounding area. It will serve as both a venue and a recreation hub for residents and tourists to enjoy the horseback riding, off-road and on-road bicycling, and hiking. The equestrian facilities on the site will be available for public use, horse rentals, lessons, guided trail rides, both temporary and some private, long-term boarding, and multiple disciplines of equine therapy. All amenities will promote informal and structured cultural and recreational opportunities. All recreational opportunities will be available to the local and regional public, and insofar as possible be accessible for people with disabilities. Associated parking and other required support amenities will be included as part of the development of the site.
The MEC’s second major connection
is cultural. Thematically, the park will capitalize on the five Fort Ord Station Veterinary Hospital structures, which provide an excellent example of the mobilization-style construction now fast disappearing on Fort Ord. This medical facility is a significant landmark in the history of warfare, represented the final years of horse use by U.S. cavalry and field artillery. The continuity of
use and unaltered appearance of the structures create
an opportunity for living history. Historical continuity will also be an important aspect of MEC design and branding. The park will have a retro military theme for signage, accouterments, and amenities, to contribute to the singular identity
of the venue and to avoid stylistic clashes when
used for living history events. The buildings have been identified as the last existing World War II era veterinary hospital in the United States.
68 Proposed Program of Utilization – Approved by City Council on July 16, 2013 Page 3
FUNCTIONS OF THE MARINA EQUESTRIAN CENTER
Public Park
The MEC will serve as a community park with picnic area, benches, landscaping, bike racks, and walking paths for visitors.
The area north of 9th Street, east of California Avenue and west of the large arena, south of the small arena will be closed to vehicular traffic. This southeast corner of the property, in and around the historical structures lining California Street (the C-5 Building and Colic Building and its surrounding area) will be most heavily used for general park purposes. The large open space between these buildings and the main arena will serve as picnic area, a place for public and private events. Addition of picnic facilities, barbecues, bench seating, and landscape will transform this area and provide an inviting place to meet, eat and mingle. The addition of a gazebo will provide a stage, enhancing both private and public events.
Hik
ing paths will be developed through the natural landscape of the northwestern portion of the property. A trail will traverse the northern perimeter of the property along Imjin Parkway to further the objective of creating connections for multiple disciplines of recreational users and commuters to the residential neighborhoods of Marina. Developing a run/walk path between the park and Peninsula Wellness Center to the west along Imjin Parkway will encourage development of a cooperative, outdoor fitness program for fitness center members and its patients.
Landscaping will pay homage to traditional military and national-park practices such as white- painted rocks demarking flowerbeds. Additional trees will be added to soften sea breezes and improve shade and aesthetics.
Nature trails will draw visitors into the natural, coastal landscape.
Interpretive signage will enhance the knowledge and enjoyment. Vista points will be accessed by trails and enhanced with installation of seating.
Trails and Recreation Hub
The City of Marina will capitalize on
the open space corridor prescribed in Fort Ord Reuse Plan Map 3.6-1. The MEC will provide trailhead amenities as set forth in the land application submitted by the City of Marina to the National Park in a letter of May 25, 1994, citing “the need to keep the stables open at Fort Ord to provide public recreation and to take advantage of the extensive trail system currently available, particularly in the north-easterly region of the base.” Connection with the trail system is an extremely valuable aspect of the MEC, both in economic and recreational terms. The MEC will provide bike racks, hitching posts, trailer parking, and water for man, horse, and dog, maps, restrooms, picnic tables, and other typical recreation hub amenities, including a snack shop. The City will also plan a route for the “Beach to National Monument”
that connects with the MEC and the second Lands to Parks transfer at 8th Street and 2nd Avenue.
Cultural and Educational Center
Stabilization and revitalization of the veterinary hospital buildings will allow for interpretation of the buildings in their original use as well as stress the broader scope of military presence on the Monterey Peninsula; provide meeting and event space; provide a venue for historical displays 69 Proposed Program of Utilization – Approved by City Council on July 16, 2013 Page 4 both from Fort Ord and other military periods of interest; and incorporate a Marina visitor center and reception area with brochures and maps. Installation of equipment to accommodate automated slide-talks and/or movie programming that tells the history of the Fort, Marina and the County through photos and films will be incorporated. The story of the soldier and the warhorse may be further illustrated with reenactments and demonstrations in the equestrian portion of the park.
The MEC will be integrated into Marina life as a destination for annual school trips and senior outings, rec department activities, and community events.
Children’s horse, art, and nature day-
camps will be offered in the summer. Instruction will be provided by volunteer docents, groups, and businesses or city or school district staff.
Space for these classes will be available in the C-5,
Colic, C-6, and portable and radio buildings.
Focuses may include:
o Fort Ord and Presidio of Monterey history
o site history
o equestrian topics
o native plants
o Native American history
o leave-no-trace trail principles
o bike–horse safety
o art
o shortwave radio and citizens’ emergency response
Equestrian Center
Utilization of the property as an equestrian center was the guiding purpose of the land grant from the
National Park Service through the Federal Lands to Parks program. In its application letter, dated May 25, 1994, the City of Marina cites a need to “operate the stables for community benefit and to make the stables available to military families, as well as the civilian community at large. Recently F.O.R.G. (the Fort Ord Reuse Group) amended the reuse plan to allow the use of a stable in the area it is currently located.”
The
equestrian functions of the property will continue. The City currently is engaged in preparation of a Request for Proposal for a concessionaire to restructure and manage equestrian uses of the park, with the specific direction to increase public uses and access. Guided trail rides, lessons, and equine activities are to be offered to the public.
The ability to rent
horses for riding lessons and guided trail rides will be a significant feature of the park. The facility will also accommodate transient horse use by enabling tourists to board horses for a day or for the duration of a longer stay in our local hotels/motels and for equine events.
A portion of the existing stables will be available for self-care and full-care boarding. Fees for these services will be at market rate, although City of Marina residents may receive a resident discount. This is not to suggest fewer privately owned horses, but rather, better management of the space available to minimize the area dedicated to private use.
Partial funding of the planned
park improvements is dependent upon generation of revenues from horse boarding. 70 Proposed Program of Utilization – Approved by City Council on July 16, 2013 Page 5
Qualified providers will offer a variety of horse-based therapeutic programs such as PATH, EAGALA, and Horses for Heroes.
Public-event Venue
Public events such as history days, Halloween, Veterans Day, and other holiday celebrations put on by City of Marina and partners, as well as lectures, and meetings will be accommodated in and around the buildings. The buildings will provide multiple private party and meeting venues.
Uses are expected to include city-sponsored activities and events as well as use of the buildings and grounds for weddings, birthdays, and other private events. Possible addition of a gazebo may enhance these uses. Currently the C-5
building will accommodate approximately 75 seats for
meetings and has a sink/prep/storage area with no oven. The Colic Building contains a kitchen with oven and small stage/meeting area. The portable building will also accommodate such use.
The outdoor arenas will be available for public rental.
Recreation
Center
Bike rentals and bicycle tours to Fort Ord National Monument and Fort Ord Dunes State Park will be available. The venue will be marketed as bike friendly, with trailer parking, bike racks, and maps.
This currently under-utilized City land resource will addresses a newly identified, continually growing need in Marina and the region for easy access to trails and open space that offer significant distances and points of interest. The MEC will allow the development and ongoing operation of unique multi-use recreational facilities and opportunities otherwise unattainable by the City.
Site Improvements
The City anticipates working with a park planner to develop future improvements on the site. For example, the topography of the north easterly area of the property may be ideally suited for an amphitheater cut into the leeward side of the property. The natural bowl-like setting may lend
itself to construction of a community amphitheater. This will provide a venue for live stage productions, movies, and other performances.
Bike rental and storage facilities will be developed. Hitching posts and watering troughs added.
Additional bathrooms installed
and food concession incorporated. Portions of the areas presently identified as turnouts will be transformed to complement the park uses.
Time for Completion
The City of Marina regards the fulfillment of this Program of Utilization as high priority.
Budget
The City of Marina will retain the oversight of the proposed park and facility; enlist a park 71 Proposed Program of Utilization – Approved by City Council on July 16, 2013 Page 6 planner as needed; and direct the development through full implementation. An independent concessionaire will be sought for operation of the site consistent with the intended use and ongoing operating costs.
Environmental Impacts
The proposed utilization is consistent with prior public and equestrian use under army ownership, albeit with expansion of the number of users/visitors. While appropriate site specific environmental evaluation will occur during project planning, larger scale environmental evaluations conducted under the base re-use process did not identify any sensitive environmental resources on this site (Fort Ord Base Reuse Authority, 1997).
Guiding Documents
Current and future uses of the Project Site must be consistent with several planning documents including the National Park Service's Federal Lands to Parks Program, the California Outdoor Recreation Plan, the Fort Ord Reuse Plan, and the City of Marina Parks and Recreation Plan.
The
National Park Service (NPS) requires land acquired through the Federal Land to Parks Program be used for "public park and recreational use in perpetuity." The land may be "developed for a single recreational activity, or multiple recreation activities, or be used to support an existing park or recreation area by providing parking or improved access. It may serve as a community center, a neighborhood park, a town square, or a regional or state park" (National Park Service, 2004). The proposed use for the Project Site is consistent with NPS goals as it develops a public park and recreational area serving several recreational purposes. The proposed services will attract individuals and groups throughout the community and beyond and will serve as a community center, a neighborhood park, a recreation hub, and a venue for public and private events.
The California Outdoor Recreation Plan
(CORP), as developed by the California State Parks'
Planning Division, serves as the master plan for parks, outdoor recreation, and open space for all recreation providers. The CORP states that the goal of all park and recreation providers in California should be meeting the park and recreation needs of all current and future residents.
The
Fort Ord Reuse Plan for the City of Marina further defines CORP's broader goals by setting the overall parameters for recreational uses in the former Fort Ord area within which this park is situated. In particular, Objective D for the City of Marina's Recreation Policies and Program is, "Establish a system of community and neighborhood parks which provide recreation opportunities reflective of local community standards" (Fort Ord Reuse Authority, 1997).
Objective E reads, "Create opportunities for economic revitalization of the former Fort Ord through encouragement of commercial recreation opportunities in appropriate settings" (1997).
Both of these
objectives are accomplished in the proposed use.
The Fort Ord Reuse Plan also suggests the
City "utilize the existing equestrian center site as a
major community open space for the district to provide recreational amenities for the residents" (1997).
72 Proposed Program of Utilization – Approved by City Council on July 16, 2013 Page 7
The following sub-policy statements in the Recreation and Open Space Element of the Fort Ord Reuse Plan further support the proposed use:
Recreation Policy D-1: The City of Marina shall designate and locate park facilities to adequately serve the current and projected population of Marina within the former Fort Ord for both active recreation as well as to provide for passive uses such as scenic vistas, fish and wildlife habitat, and nature study.
The proposed use for the MEC will provide facilities for active and passive recreation for the current population and accommodate the projected population for the City of Marina, including the expected increase in population related to planned housing developments in the surrounding area.
Recreation Policy D-2: The City of Marina shall develop active parkland within the former Fort Ord which reflects the adopted City of Marina standard of 5 acres of neighborhood/community parks per 1,000 population.
The proposed facility would provide significantly increased access to quality recreation opportunities for this population in a unique park.
Recreation Policy D-3:
The City of Marina shall maximize use of existing
former military recreation facilities as a catalyst for creation of quality parks and recreation opportunities.
The military used this site for equestrian recreation when Fort Ord was an army base. This proposal would improve currently under-utilized equestrian resources to allow increased public recreational opportunities
for both the horse enthusiast and the passive observer. This plan will expand the use of the facilities and create an equestrian and outdoor recreation venue for the 3.3 million tourists annually to the Monterey Peninsula, in addition to its residents.
The California Outdoor Recreation Plan acknowledges one of the major advantages to participating in outdoor recreation and having a more active lifestyle is improved physical health.
Safe and attractive facilities that promote physical activities are important to city residents and enhance Marina as an attractive place to live and work. The proposed use includes facilities that support opportunities to maximize the health benefits of active recreation.
The
Marina Parks and Recreation Facilities Master Plan (MP&RFMP) mission states "The City of Marina is committed to establishing and maintaining facilities, parks and services that enhance the quality of life for all ages, cultural origins and abilities" (2005). The plan describes a "Community Park" as "a recreation area that provides recreational opportunities for several neighborhoods" and avoids "duplication of facilities already provided in neighborhood parks." The proposed use will
serve people of all ages, cultural origins and abilities from neighborhoods throughout the region, and would be unique in size and scope in the City of Marina and the County of Monterey.
73 Proposed Program of Utilization – Approved by City Council on July 16, 2013 Page 8 In addition, the following statements contained in the document further support the proposed use:
Goal 7: Promote regional and state park and recreational facilities that contribute Marina's evolving role as a visitor-serving/recreational-based destination on the Monterey Peninsula.
Objective 7-2: Explore the development of new regional-based recreational facilities.
Objective 7-3: Identify opportunities that would enhance Marina's identity and role as a visitor-serving coastal destination.
Policy
7-3: Solicit proposals to develop new, regional based recreational facilities.
Summary
Overall, the proposed project meets or exceeds the approved recreational goals and objectives set forth in the guiding documents that govern the use of the MEC and enables the City of Marina to achieve its recreation and open space objectives. The proposed use provides the City of Marina with a unique and significant public recreational opportunity that is consistent with the community's vision for the future of the City.
74 From: Siegenthaler, David [mailto:[email protected]] Sent: Thursday, January 12, 2017 5:10 PM
To: Gail Morton; Layne Long
Cc: Terry Siegrist
Subject: Marina Equestrian Center Program of Utilizatrion
In September 2013 we received an updated draft Program of Utilization (POU) for the 27.24-acre Marina Equestrian Center ("MEC POU Approved by Council 7 -16-2013"). Since that time we have had several convers ations regarding implementation of a Program of Utilization at the site, and our reservations regarding approval of a POU that contained a statement that some areas would still be dedicated to private use. We also understood that there may be some local c ontroversy regarding the highest and best public recreational use to which the property should be put that perhaps the City was still in the process of resolving. In general, however, we find that the proposed utilization plan represents an improved approach to opening the area to public recreational use and would meet NPS requirements for consistency with the terms of the property transfer, with one caveat.
The one area of major concern for us is the private boarding of horses. The first priority, as we understand your POU, would be for stabling horses needed for lessons and rentals, as well as some short-term boarding for visitors coming to the area to use the trails. Those very clearly serve the public park purpose.
Private long-term boarding of horses is not a public recreational use of the site. As we have stated in previous communications, boarding of horses is not precluded as a legitimate public recreational use of the park in certain circumstances. Those circumstances require that boarding of ho rses be structured such that it is a public use, not one that establishes a long -term right of exclusive occupancy. This requires a fair allocation system for boarding opportunities – such as waiting lists, rotations, and award of limited duration (even if longer than short-term) boarding contracts with no guarantee of renewal that allow broad public use. Boarding of horses for anything more than short-term periods, if allowed at all, should use a small percentage of the boarding space available.
The presence of privately owned boarded horses may not impede the public access to and use of the park. Horses owned by a concessionaire that are used for public rental, trail rides, and riding instruction may reside at the stables while in such service. No portion of the park may be dedicated to private use.
The proposed POU remarks that park improvements depend upon income from horse boarding.
As stated above and previously, the park is restricted to use only for park and public recreation area purposes. Therefore any activity conducted on the site must be for that purpose. Generation of revenues by a non -public-recreational use may not be justified on the basis of its eventual economic support of the park. Therefore, any boarding that occurs, must be carried out as a public use. Also, under the terms of the deed, any revenues generated on the parkland must be channeled back to park maintenance, operations, and improvements.
With the proviso that the City establishes a suitable plan to make boarding of horses a n equitable public park use, we concur in the revised program of utilization presented in the referenced 2013 document.
We assume that any site plans that would alter the facilities or use of the area would be subject to compliance with state and local requirements regarding environmental and cultural resources.
EXHIBIT B
75 As a reminder, the area must be permanently and clearly signed as land that was received from the federal government for use as a public park. Our current guidance is for the following language: “This park land was acquired through the FEDERAL LANDS TO PARKS PROGRAM of the United States Department of the Interior, National Park Service, for use by the general public”.
As you know, any concession or license agreements must be reviewed by the National Park Service for consistency with the terms of the transfer. Leases and granting of easements or any property rights, are not allowed.
Biennial Reports are also required under the terms of the transfer, and should be submitted to NPS by the City of Ma rina, not by a licensee or concessionaire. They should include reports of park use and condition, revenues and expenditures, capital improvements, management issues, and a certification regarding non-discrimination and use of revenues. We have a standard form available for this purpose.
Please let me know if you have questions or concerns about any of this, and best wishes to you in the next phase of this project.
Sincerely,
David Siegenthaler
Pacific West Region
National Park Service
333 Bush Street, Suite 500
San Francisco, CA 94104-2828
V: 415-623-2334
F: 415-623-2387
Federal Lands to Parks
Land and Water Conservation Fund
Urban Park and Recreation Recovery Program
National Historic Lighthouse Preservation Program
76 March 17, 2017 Agenda Item: 11c
Honorable Mayor and Members City Council Meeting of the Marina City Council March 21, 2017
CITY COUNCIL CONSIDERS ADOPTING RESOLUTION NO. 201 7–
APPROVING THE ADOPTION AND IMPLEMENTATION OF THE
PROGRAM OF UTILIZATION FOR THE MARINA EQUESTRIAN
CENTER PARK AND DIRECT STAFF
REQUEST:
It is recommended that the City Council:
1. Consider adopting Resolution No. 2017– approving the adoption and implementation of the Program of Utilization for the Marina Equestrian Center Park , submitted to the National Park Service in September 2013 and approved by the National Park Service on January 12, 2017;
2. Direct staff to prepare and issue a Request for Proposal (RFP) for a concessionaire to operate an equestrian facility at the Marina Equestrian Center Park consistent with the Program of Utilization and direction from NPS; and
3. Provide staff with any further direction.
BACKGROUND:
The 35 -acre parcel of property at 5 th Avenue and 9 th Street known as the “Marina Equestrian Center Park” was deeded by the U.S. Government to the City of Marina on April 13, 1998 , under the National Park Service’s Federal Lands to Parks Program. Government ownership is mandatory and the land must be used as a public park and recreational area in perpetuity.
Together, the Quitclaim Deed recorded 4/24/1998 , the “Public Conveyance of Parks and Recrea tion Property at Fort Ord 7/28/1993,” and the letter dated 5/25/1994 with City of Marina Resolution No. 94 - 23 provided for the transfer of 34.7 acres commonly referred to as “horse stables at Fort Ord” to remain as equestrian center for public recreation and use.
Use of the premises is subject to review and approval by the National Park Service. In a letter to the City dated 12/30/1997, the National Park Service requested a more detailed program of utilization for the stable parcel.
The Program of Utili zation was developed by means of an ad -hoc committee , public hearings , and direction of council. On July 16, 2013, City Council received the proposed POU for consideration. (See EXHIBIT A, “Proposed Program of Utilization,” approved by City Council on Jul y 16, 2013.) Council voted unanimously to accept the proposed POU and appointed Councilmember Morton to a) meet with city staff, the city manager, and the city attorney when necessary to review and modify the document where necessary , b) incorporate counc ilmembers’ revisions from the meeting , c) contact the NPS representative for input and approval of the POU, and d) report back to the City Council no later than the first meeting in September 2013 with a status update. The POU was submitted to the National Park Service and on July 25, 2013, a telephonic conference was held with David Siegenthaler of the National Park Service, wherein NPS acknowledged receipt and cursorily reviewed the proposed POU with staff and Councilmember Morton.
Councilmember Morto n and City Manager Layne Long repeatedly made efforts to secure written response to the POU and the first communication was received on January 12, 2017. 77 On January 12, 2017, the National Park Service communicated its approval of the revised POU with the proviso that the City establishes a suitable plan to make boarding of horses an equitable park use. This communication is attached as EXHIBIT B.
ANALYSIS:
The Marina City Council has prioritized the development of the equestrian center as a public park , consistent with the land grant and the best interests of Marina residents and the surrounding community.
The proposed POU was approved by the National Park Service as fulfilling the intentions of the land grant, which cites the park’s ideal location along the trail system between Fort Ord National Monument and Fort Ord Dunes State Park. The POU now requires adoption and implementation by the City . The operation and management of an equestrian facility and activities are highly specialized. The City of Marina is not presently equipped to operate an equestrian facility and will not be so within a reasonable period. The Lands to Park program authorizes the use of concessionaires to offer public services. It is advantageous to the City to issue a Request for Proposal (RFP) to solicit a concessionaire for the establishment of a public equestrian facility and park on approximately 15 acres of the Marina Equestrian Center Park property.
The National Park Service has final approval of a ny concession agreement. In i ts approval of the POU, the National Park Service identified private boarding of horses as an area of major concern , as not being a public recreational use of the site. The boarding of horses is not precluded, however, if structured such that it is a public use, “not one that establishes a long-term right of exclusive occupancy.” The public use may be achieved by: a) allocating a limited percentage of the available boarding space for private boarding, b) limiting the duration of boarding contracts, with no right of renewal, and c) implementing rotations and waiting lists, inter allia.
The POU sets as first priority the stabling of horses for lessons and renta ls, as well as short -term boarding for visitors traveling to use the trails and attend events. Boarding should be structured so that no one requesting public -access use of stabling facilities be turned away owing to lack of accommodations. Transient use must have priority over private boarding; if transient demand cannot be met, renters must be removed to free up space. When transient demand is met, short -term boarding is permitted.
Any concessionaire will necessarily need to provide a fair allocation system for private boarding opportunities for the National Park Service to approve.
FISCAL IMPACT:
The financial impact of the City Council’s decisions is unknown at present. The funds in Fund 25, Dept. 282, “ National Park Servic e Activity, ” shall be applied to offset any monetary impact of the City Council’s decisions from this agenda item.
CONCLUSION:
This matter is submitted to the city council for consideration and action.
Respectfully Submitted
Gail Morton
Gail Morton
City Council Member
REVIEWED/CONCUR:
___________________________
Layne P. Long
City Manager, City of Marina
78 79
80 Trails from Marina Equestrian Center Trailhead
81 FORT ORD REUSE PLAN
LEGEND:
fJCNRs: u«iæaity of camma
FIGURE 3.6-1
EMG Plannlng G«›up Inc Rav.: B7/01 8:37 PM REGIONAL OPEN SPACE SYSTEM 82 RFP for Concession at the Marina Equestrian Park City of Marina, CA
APPENDIXB
Form B.1
PROPOSED RENT TO CITY
The portion of the MEC Park designated for use by the equestrian lessee shall be set at a base rent per month. The proposer shall offer a minimum base rent or may also offer a combination of fixed rent and a percentage of gross sales from operations. The proposed rent does not include the utility payments, which shall be the responsibility of the lessee.
Proposers bidding for use of facilities outside of the equestrian designated area may offer a minimum rent and/or calculate price by $X.XX per square foot of business space.
The approximate areas of the additional buildings and open space are as listed:
• 2834 5th Avenue (formerly Veterinary Ward A 3142) - 4 7 8 0 sq ft • 2836 5th Avenue (formerly Veterinary Ward B 3143) - 4475 sq ft • 2832 5th Avenue (formerly Colic Building 3141) - 1315 sq ft • 2830 5th Avenue (formerly Veterinary Clinic 3140) - 1864 sq ft • Open Space (approximately 14 acres)
Budget Item Amount Payable to City ($)
Proposed Rent for Additional/Outside Square Footage
2834 California Avenue (4780 sq ft +/-)
2836 California Avenue (4475 sq ft +/-)
2832 California Avenue (1315 sq ft +/-)
2830 California Avenue (11864 sq ft +/-)
Open Space (14 Acres +/-)
37 83