Agmt 2004 State Dept of Boating and Waterways

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Exhibit A ~ F Prior to the commencement of the construction of the Project, the Grantee shall cause the contractor and a corporate surety acceptable to the Department to furnish in favor of the Grantee and the Department, as their interests may appear, bonds or other security interests ' as allowed pursuant to Public Contract Code sections 10263 and 22300 in the minimum i di t d b l t amoun s n ca e ow: e 1. Faithful performance -One Hundred Percent (100%) of the total contract bid price. r 2. Labor and materials -One Hundred Percent (100%) of the total contract bid price. G. The Grantee's personnel and construction of the Project shall be under the supervision of qualified inspectors. lnspection reports and related inspection data shall at all reasonable times be accessible to the Department personnel, and on request copies of such reports and data shall be provided to the Department by the Grantee. H. Time is of the essence in this Agreement. ART ICLE 7- OPERATION OF PROJECT A. The Grantee shall not transfer its interest in the Property Area without the written ' approval of the Department. B. The Project and all other improvements constructed or placed in the Project Area shall be ' operated as a recreational boat launching facility. The Project Area shall be open to all recreational vessels, including vessels powered by 2-stroke and 4-stroke gasoline engines, at all times during the term of this Agreement except as approved by the Department and Commission. Notwithstanding Harbors and Navigation Code section 660, any non- emergency restrictions related to time-of-day use, speed zones, special-use areas, or pollution control measures in the Project Area which result in closure or partial closure of ' waterways in the project area to any recreational vessel shall be subject to prior approval by artment and Commission the De Fail i i l f th nd t bt D t t p . ure n pr or approva epar o o a o e men a Commission for such restrictions shall constitute a breach of this Agreement and may result in penalties set forth in Article 8 (3). C. The Grantee (or any lessee or concessionaire operating under the authority of the Grantee) ' shall not charge a fee or combination of fees totaling more than $13.00 to include but not limited to the following activities within the Project Area: vessel launch and retrieval, parking, entry, day-use, and water-use. However, such total fee may be increased annually in accordance with percentage changes in the United States Bureau of Labor Statistics Price Index (CPI) using the U. S. City Average (1982-54 = 100) for July 2001 (177.5) as the base for any such adjustment. Any adjustment exceeding the annual percentage change in the ~ CPI shall be made only after the Grantee obtains the written approval of the Department. REVISION 01/21/04 035ANLEANDR01 6