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MEMORANDUM OF AGREEMENT [12-05-2024] PIER G SLIP FILL – CITY OF NEWPORT BEACH [SNL/arh]
MEMORANDUM OF AGREEMENT
BY AND BETWEEN
THE CITY OF LONG BEACH,
ACTING BY AND THROUGH ITS
BOARD OF HARBOR COMMISSIONERS
AND THE CITY OF NEWPORT BEACH
THIS MEMORANDUM OF AGREEMENT (“MOA”) is made and entered into, in duplicate, as of the date executed by the Chief Executive Officer of the Long Beach Harbor Department (“Chief Executive”), by and between the CITY OF LONG BEACH, a California municipal corporation and charter city , acting by and through its Board of Harbor Commissioners (“Port”) pursuant to authority granted by said Board at its meeting of ____________, 202 __; and the CITY OF NEWPORT BEACH , a California municipal corporation and charter city (“City”).
RECITALS:
WHEREAS, the Port owns land and water areas within the City of Long Beach Harbor District known as Pier G;
WHEREAS the Port is undertaking a project that will, among other things, reconfigure the Pier G South Slip (“the Project"), as depicted in Exhibit "A" attached hereto;
WHEREAS, the Port anticipates it will satisfy most of its fill material needs from materials generated by the Project , but in the interest of advancing the regional policy of encouraging the beneficial reuse of dredge material, the Port will endeavor to acc ept dredge material from sources other than the Port by allowing that material to augment the Port’s fill material needs;
WHEREAS any import of fill material from outside the Project limits or the City of Long Beach Harbor District shall be subject to the Port’s fill material criteria , as well as the logistical, technical, and environmental requirements of the Project, and must comply with all applicable laws, rules, regulations, requirements, licenses, permits, and orders, as may be amended from time to time;
WHEREAS, the City is a grantee of state tidelands and desires to dredge and remove approximately 225,000 cubic yards of material from the Lower Newport Bay channels (“Newport Bay Material”);
ATTACHMENT A
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MEMORANDUM OF AGREEMENT [12-05-2024] PIER G SLIP FILL – CITY OF NEWPORT BEACH [SNL/arh] WHEREAS, while the City is the local, non -federal sponsor for the Lower Newport Bay Maintenance Dredging Project and holds the responsibility for providing a disposal location for the dredged material, the dredging contract will be managed and executed by the U.S. Army Corps of Engineers, Los Angeles District, through the authority granted in the Rivers and Harbors Act of 1945 authorizing the Newport Bay Harbor federal project;
WHEREAS, some of the Newport Bay M aterial has been determined by regulatory agencies to be unsuitable for unconfined open ocean disposal;
WHEREAS, the Project is available for placement of unsuitable material, and the Port and City desire to use the Project site for the placement of the Newport Bay Material;
NOW, THEREFORE, in consideration of the mutual promises, covenants and conditions hereinafter contained, the Port and City agree as follows:
1. The above recitals are true and correct.
2. The Port has obtained all necessary regulatory agency approvals for the Project to be used as a placement site for the Newport Bay Material.
3. The Port shall allow the City , without any further agreement, permit, or easement from the Port, to place up to 225,000 cubic yards of Newport Bay Material at the Project site. The Port shall not impose any fee or charge, or otherwise require any payment from the City, for placement of that material. The City’s placement of dredge material shall be subject to all applicable conditions imposed by the aforementioned regulatory agencies.
4. In the event that the funding for the City’s dredging project is insufficient, or if for any other reason, the City cannot deliver some or all of the 225,000 cubic yards of Newport Bay Material to the Project, the Port will be solely responsible for making up any deficit with its own material, and the Port shall hold the City harmless from any costs incurred by the Port as a result, thereof.
5. The City recognizes that time is of the essence in the Project schedule and agrees to place the Newport Bay Material at the Project at the locations and within the time frames specified by the Port. It is agreed by the City that placement of the Newport Bay Material shall be completed before the elevation in the Project fill reaches -10 feet Mean Lower Low Water. If the City cannot deliver the Newport Bay Material to the Project within the time frame specified by the Port, or if the City shall seek other disposal options, this Agreement shall be automatically terminated, and the City shall hold the Port harmless with respect to any costs incurred by the City as a result of such termination. 14-7
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MEMORANDUM OF AGREEMENT [12-05-2024] PIER G SLIP FILL – CITY OF NEWPORT BEACH [SNL/arh]
6. The City agrees to indemnify, defend and hold harmless the Port and its agents , officers and employees, from and against any and all liability , expense, including defense costs and legal fees and claims arising from the City’s placement of Newport Bay Material and performance of its obligations under this Agreement. The obligations assumed by the parties in this section shall survive the termination of this Agreement, whether by expiration or otherwise.
7. Any notice, demand, request or formal communication required or authorized by this Agreement to be given or made to or upon either of the parties to this Agreement shall be deemed properly given or made if delivered , by registered mail postage prepaid, or email to each of the following:
Port:
Port of Long Beach
Attn: Deepen Upadhyay, Senior Program Manager
P.O. Box 570
Long Beach, CA 90801
[email protected]
City:
City of Newport Beach
Public Works Department
Attn: Chris Miller
100 Civic Center Drive
Newport Beach, CA 92660
[email protected]
8. This Agreement shall terminate upon the occurrence of either : (1) the successful completion of the proposed construction project using the Project as the placement site for the Newport Bay Material; or (2) the commencement of the placement of the Newport Bay M aterial at a site other than the Project . The foregoing notwithstanding, either party hereto may terminate this Agreement for a material breach of this Agreement by giving written notice to the other party ninety (90) days prior to the effective date of such termination.
[Signatures on following page]
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EXHIBIT A
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