Agmt16 State of CA- Dept of Parks and Recreation, Division of Boating and Waterways

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EXHIBIT B Surrendered and Abandoned Vessels Exchange (SAVE) Grant Program 1 . NEEDS AND OBJECTIVES OF DBW a. Pursuant to its authority under Harbors and Navigation Code section 525, the Division of Boating and Waterways (DBW) wishes to contract with Grantee for the removal and disposal of abandoned, wrecked or dismantled vessels, or parts thereof, or any other partially submerged objects (hereinafter "eligible water hazards") which pose a substantial hazard to navigation within Grantee's jurisdiction as listed on the Questionnaire, found in Exhibit A. b. Pursuant to its authority under Harbors and Navigation Code Section 525 , the Division of Boating and Waterways (DBW) wishes to contract with Grantee for the removal and disposal of surrendered vessels, or parts thereof, which are in danger of being abandoned and has a likelihood of causing environmental degradation or becoming a hazard to navigation within Grantee's jurisdiction as specified according to the Grantee's Work Plan, found in Exhibit A. 2. WATER HAZARDS ELIGIBLE FOR REMOVAL AND DISPOSAL The funds provided under this Agreement shall be used for the combined purposes of Surrendered and Abandoned Vessels Exchange (SAVE) as follows : a. Abatement, removal, storage and/or disposal of eligible water hazards . For purposes of this Agreement, "abandoned" is defined in Harbors and Navigation Code section 522(a): "Any hulk, derelict, wreck, or parts of any ship, vessel , or other watercraft sunk, beached , or allowed to remain in an unseaworthy or dilapidated condition upon publicly owned submerged lands, salt marsh, or tidelands within the corporate limits of any municipal corporation or other public corporation or entity having jurisdiction or control over those lands, without its consent expressed by resolution of its legislative body, for a period longer than 30 days without a watchman or other person being maintained upon or near and in charge of the property, is abandoned property". Harbors and Navigation Code, Section 525 (1 )(A): " . . .the Abandoned Watercraft Abatement Fund, which is hereby created as a special fund . Moneys in the fund shall be used exclusively, upon appropriation by the Legislature, for grants to be awarded by the department to local agencies for the abatement, removal, storage, and disposal as public nuisances of any abandoned property as described in Section 522 or for the disposal of surrendered vessels as defined in Section 526. 1 , wrecked or dismantled vessels, or parts thereof, or any other partially submerged objects that pose a substantial hazard to navigation, from navigable waterways or adjacent public property or private property with the landowner's consent . b. The funds provided under this Agreement shall not be utilized for abatement, removal, storage, or disposal of commercial vessels. Commercial vessels include those vessels for which the most recent registration or documentation was commercial , even though that registration or documentation may have lapsed . c. If Grantee is reimbursed for the costs related to the abatement, removal, storage, ATTY/AGR/2016.249/STATE OF CALIFORNIA DEPARTMENT OF PARKS & RECREATION DIVISION OR BOATING & WATERWAYS REV: 09-01-16 RL Page 4 of 33