TITLE
Recommendation to authorize City Manager to execute a revised Use Agreement No. 13-01 with the Los Angeles County Flood Control District for the use of Flood Control District property in Long Beach for a 40-year term. (Districts 8,9)
DISCUSSION
The Los Angeles County Flood Control District (LACFCD) owns the fee title to certain properties (Premises) along the east side of the Los Angeles River, between Osgood Street and Market Street (Attachment A). The City of Long Beach (City) desires to develop, construct, maintain, and operate these Premises in connection with the DeForest Wetlands project. The City and the LACFCD are mutually interested in providing quality public parkland for the benefit of the Long Beach community. The LACFCD is willing to cooperate with the City to open the Premises for parkland, as long as the primary function of the LACFCD property is maintained for flood control purposes.
The City Council authorized the City Manager to execute a use agreement between the City and the LACFCD for the use of LACFCD property on March 20, 2012 (Attachment B). Use Agreement No. 13-01 was fully executed on June 28, 2012, by the LACFCD.
Subsequent to execution of Use Agreement No. 13-01, the California Coastal Conservancy, one of the DeForest Wetlands project granting agencies, requested to review and revise Use Agreement No. 13-01 in order to protect their $1.5 million grant investment. The following terms of Use Agreement No. 13-01 have been revised based on input from the California Coastal Conservancy:
• Authorized Use: If LACFCD conveys an easement or other interest in the Premises for any and all lawful purposes, such easements shall not interfere with the City's use and shall be for the minimum period of time necessary to permit construction and installation of other facilities.
• Termination of Use: If the City is notified by LACFCD that City amenities interfere with a proposed LACFCD flood control project, and that said amenities wil...
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