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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 />a.Pursuant to its authority under Harbors and Navigation Code (HNC) section 525(1)(a), <br />the Division of Boating and Waterways (DBW) wishes to contract with Grantee for the <br />removal and disposal of: <br />(1)Abandoned property as described in HNC 522 (below) within Grantee’s <br />jurisdiction as listed in Exhibit A. <br />HNC Section 522: “Any hulk, derelict, wreck, or parts of any ship, vessel, <br />or other watercraft sunk, beached, or allowed to remain in an unseaworthy <br />or dilapidated condition upon publicly owned submerged lands, salt marsh, <br />or tidelands within the corporate limits of any municipal corporation or other <br />public corporation or entity having jurisdiction or control over those lands, <br />without its consent expressed by resolution of its legislative body, for a <br />period longer than 30 days without a watchman or other person being <br />maintained upon or near and in charge of the property, is abandoned <br />property.” <br />(2)Surrendered vessels as defined in HNC 526.1 <br />HNC Section 526.1: “surrendered vessel” means a recreational vessel that <br />the verified titleholder has willingly surrendered to a willing public agency <br />under both of the following conditions: <br />(a)The public agency has determined, in its sole discretion, that the <br />vessel is in danger of being abandoned, and therefore has a <br />likelihood of causing environmental degradation or becoming a <br />hazard to navigation. <br />(b)The decision to accept a vessel is based solely on the potential of <br />the vessel to likely be abandoned and cause environmental <br />degradation or become a hazard to navigation.” <br />(3)Wrecked or dismantled vessels, or parts thereof, or any other partially <br />submerged object that pose a substantial hazard to navigation, from <br />navigable waterways or adjacent public property, or private property with the <br />landowner’s consent. <br />b.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 />c.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 />d.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 />Date: 08/12/2022 Contract # C22S0624, City of San Leandro Marina, Surrendered and Abandoned Vessel <br />Exchange (SAVE) Fiscal Year 2022/2023 <br />__________________________________________________________________________ <br />Page: 6 of 4141