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EXHIBIT B - GRANT TERMS AND CONDITIONS <br />SURRENDERED AND ABANDONED VESSEL EXCHANGE (SAVE) GRANT PROGRAM <br />1.PURPOSE OF THE PROGRAM: <br />Pursuant to its authority under Harbors and Navigation Code (HNC) section 525(1)(a), the <br />Division of Boating and Waterways (DBW) wishes to contract with Grantee for the removal and <br />disposal of: <br />a.Abandoned property as described in HNC 522 (below) within Grantee’s jurisdiction as <br />listed in Exhibit A. <br />HNC Section 522: “Any hulk, derelict, wreck, or parts of any ship, vessel, or other <br />watercraft sunk, beached, or allowed to remain in an unseaworthy or dilapidated <br />condition upon publicly owned submerged lands, salt marsh, or tidelands within the <br />corporate limits of any municipal corporation or other public corporation or entity <br />having jurisdiction or control over those lands, without its consent expressed by <br />resolution of its legislative body, for a period longer than 30 days without a watchman <br />or other person being maintained upon or near and in charge of the property, is <br />abandoned property.” <br />b.Surrendered vessels as defined in HNC 526.1 <br />HNC Section 526.1: “surrendered vessel” means a recreational vessel that the <br />verified titleholder has willingly surrendered to a willing public agency under both of <br />the following conditions: <br />(a)The public agency has determined, in its sole discretion, that the vessel is in <br />danger of being abandoned, and therefore has a likelihood of causing <br />environmental degradation or becoming a hazard to navigation. <br />(b)The decision to accept a vessel is based solely on the potential of the vessel <br />to likely be abandoned and cause environmental degradation or become a <br />hazard to navigation.” <br />c.Wrecked or dismantled vessels, or parts thereof, or any other partially submerged <br />object that pose a substantial hazard to navigation, from navigable waterways or <br />adjacent public property, or private property with the landowner’s consent. <br />d.The funds provided under this Agreement shall not be utilized for surrender, <br />abatement, removal, storage, or disposal of commercial vessels. Commercial vessels <br />include those vessels for which the most recent registration or documentation was <br />commercial, even though that registration or documentation may have lapsed. <br />e.If Grantee is reimbursed for the costs related to the surrender, abatement, removal, <br />storage, and/or disposal of an eligible water hazard by the registered or legal owner or <br />other person or entity known to have an interest in the water hazard, then the water <br />hazard shall no longer be eligible for funding under this Agreement. Grantee shall <br />notify DBW in writing of such reimbursement and shall return all funds disbursed by <br />DBW to Grantee with respect to such water hazard immediately. <br />f.Vessels listed in Exhibit F Application/Scope of Work are considered solely a <br />demonstration of the agency’s need for funding, not an approval that the individual <br />vessels are eligible for SAVE funding. <br />Date: 09/10/2021 Contract # C21S0606, City of San Leandro Marina, Surrendered and Abandoned Vessel <br />Exchange (SAVE) Fiscal Year 2021/2022 <br />__________________________________________________________________________ <br />Page: 4 of 4040