TITLE
Recommendation to authorize City Manager to execute an operation and maintenance agreement by and between the City of Long Beach and the Aquarium of the Pacific for the education feature entitled
“Our Watershed Story.” (District 2)
DISCUSSION
On February 6, 2007, the City Council authorized the City Manager to execute a right of entry permit with the Aquarium of the Pacific (Aquarium) to enable the Aquarium access across City-owned property adjacent to Pierpoint Landing for the installation of an educational exhibit known as "Our Watershed Story" (Exhibit). A copy of the Council Letter is attached (Attachment A).
The Exhibit is part of the Aquarium's master plan for the Watershed Exhibit Expansion Project. It complements the theme depicted on the existing watershed education feature known as the "Wave Fountain," which illustrates the natural process of the watershed and the birth of the Los Angeles and San Gabriel Rivers flowing from the San Gabriel Mountains to the Pacific Ocean.
To ensure continuous maintenance of the Exhibit and the integrity of the Rainbow Harbor area and Pierpoint Landing, it is necessary to enter into an agreement to assign all maintenance responsibilities associated with the Exhibit to the Aquarium.
The following are major provisions for the proposed agreement:
Term: 20 years - the expected life of the Exhibit. The term shall end concurrent with the removal of the Exhibit.
Restoration: Upon termination of the agreement, the City, in its sole discretion, shall be entitled to require the paving over or landscaping of the affected area with a surface compatible with the surrounding hardscape, at the sole cost of the Aquarium.
Operation, Maintenance and Repair: The Aquarium shall be responsible for all costs of operation, maintenance, and repair of the Exhibit.
This matter was reviewed by Principal Deputy City Attorney Charles Parkin on May 24, 2007, and Budget and Performance Management Bureau Manager David Wodynski on May 29...
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