Sec. 2. The Board hereby transfers control of the Lands to the City Council together with all City owned improvements situated on, under and above the Lands and all leases, franchises, permits, licenses, contracts, and agreements (the "Agreements") affecting said Lands to which the Board is a party or which otherwise encumber the Lands; subject however to the restrictions and limitations on use imposed by the legislative grants of tide and submerged land by the State of California to City, Sections 1205, 1215 and 1216 of the City Charter and the federal navigational servitude. 2.1 The Agreements include but are not limited to the leases and permits granted by the Board to Long Beach Cannons, Inc. (Harbor Department Document No. HD-4284), Point Pacific Corporation (Harbor Department Document No. HD-2828), Forte Hotels International, Inc. (Harbor Department Document No. HD-4436), Island Express Helicopters, Inc. (Harbor Department Document No. HD-4770) , and Catalina Channel Express, Inc. (Harbor Department Document No. HD-5096). Upon the effective date of this Ordinance, the City Council and the City Manager shall have and exercise all powers, rights, duties and obligations reserved to the Board and the Executive Director of the Long Beach Harbor Department in all such Agreements.

2.2 The transfer of control of the Lands to the City Council under this Ordinance shall not include the lands upon which the energy plant currently servicing the RMS Queen Mary is now situated but shall include the right of the City Council and its designees to use, occupy, operate and maintain the energy plant and related equipment, pipelines and appurtenances. The Board reserves the right to direct the relocation of the energy plant at any time in which event the Board shall reimburse the City Council for all costs incurred in the relocation.

Sec. 4. The costs of the defense and payment of any claims for damages arising out of or related to the Lands occurring prior to the effective date of this Ordinance and the duty to obtain full compliance with the provisions of the Management Agreement dated July 23, 1992 (Harbor Department Document No. HD-5074) shall be the responsibility of the Board. The costs of defense and payment of any claims arising after the effective date of this Ordinance with respect to the Lands and after the transfer and assumption by the City Council of the Leases shall be the responsibility of the City Council. Except as expressly provided in this Ordinance the Board shall not be responsible for or be obligated to pay any debt, liability, claim, cost or expense including without limitation charges for City services related or attributable to the Lands or the improvements situated thereon.

Sec. 5. Upon the effective date of this Ordinance, the Board shall have fully discharged and performed all of its obligations, duties and powers conferred upon it by Ordinance No. C-5395.

Sec. 6. This ordinance shall be signed by the President or Vice President of the Board of Harbor Commissioners and attested to by the Secretary. The Secretary shall certify to the passage of this ordinance by the Board of Harbor Commissioners of the City of Long Beach, shall cause the same to be posted in three (3) conspicuous places in the City of Long Beach, and shall cause a certified copy of this ordinance to be filed forthwith with the City Clerk of the City of Long Beach. This ordinance shall take effect on the 31st day after its final passage or upon the date the City Council accepts the transfer of control of the Lands and Agreement as provided herein, whichever is later.

(Signed)

(Signed)

Secretary 

I hereby certify that the foregoing ordinance was adopted by the Board of Harbor Commissioners of the City of Long Beach at its meeting of November 30________, 1992 by the following vote:

Ayes: Commissioners: Friedland.Perez.Bellehumeur_________

Noes: Commissioners: None

Absent: Commissioners: Hearrean, Hauser

(Signed)

Carmen Perez