HomeMy WebLinkAboutReso 98-090 - Approve entering into a General Lease-Public Agency Use (Ref W25260) with the Calif State Lands Commissino for the Const & Main of a 26' x 585' Pedestrian Bridge at Turtle Bay, Sac River, Redding .. ° � .
RESOLUTION NO. 98- q0
A RESOLUTION OF THE CITY COUNCII. OF THE CITY OF
REDDING APPROVING �N�'ERING INTO A GENERAL
L�ASE—PUBLIC AGENCY USE (REF. W25260) WITI� THE
CALIFOItNIA STATE LANDS COMMISSION FOR THE
CONSTRUCTION AND MAINTENANCE OF A 26 FOOT x 585
FOOT PEDESTRIAN BRIDGE AT TURTLE BAY, SACRAMENTO
RIVER, REDDING.
BE IT RESOLVED that the City Council approves entering into the attached 25-year General
Lease—Public Agency Use between the California State Lands Commission and the City of Redding for
the construction and maintenance of a 26 foot x 585 foot pedestrian bridge at Turtle Bay, Sacramento
River, Redding.
BE IT F'URTHER RESOLVED that the Mayor is authorized to execute the lease on behalf of
the City and have his signature notarized; and the City Clerk is directed to attest his signature and affix
the seal of the City thereto. The executed lease is to be submitted by the City's Director of Community
Services or his designee to the State Lands Commission no later than June 18, 1998.
I HEREBY CERTIFY that the foregoing resolution was introduced, read and adopted at a
regular meeting of the City Council on the 16th day of June, 1998, by the following vote:
AYES: COUNCILMEMBERS: Anderson, Cibula, Kight , McGeorge and Kehoe
NOES: COi1NCIL MEMBERS: None
ABSENT: COiJNCIi,MEMBERS: None
ABSTAIN: COiJNCII,MEMBERS: None
�
DAVID HOE, May
Attest: Fornz Appro
. '
I�-- �
�/�l ` �
Connie Strohmayer, Ci Clerk W. Leonard Wingate, Ci Attorney �
�y
. � . �
RECORDED AT THE REQUEST OF
AND WHEN RECORDED MAIL TO:
STATE OF CALIFORNIA
California State Lands Commission
Attn: Title Unit
100 Howe Avenue, Suite 100-South
Sacramento, CA 95825-8202
STATE OF CALIFORNIA
OFFICIAL BUSINESS
Document entitled to free recordation
pursuant to Government Code Section 27383
A.P.N.102-040-01,ll 2-270-13 SPACE ABOVE THIS LINE FOR RECORDER'S USE
County: Shasta
W 25260
LEASE PRC
This Lease consists of this summary and the following attached and incorporated parts:
Section 1 Basic Provisions
Section 2 Special Provisions Amending or Supplementing Section 1 or 4
Section 3 Description of Lease Premises
Section 4 General Provisions
SECTION 1
BASIC PROVISIONS
THE STATE OF CALIFORNIA, hereinafter referred to as Lessor acting by and through the
CALIFORNIA STATE LANDS COMMISSION (100 Howe Avenue, Suite 100-South, Sacramento,
California 95825-8202), pursuant to Division 6 of the Public Resources Code and Title 2, Division 3 of
the California Code of Regulations, and for consideration specified in this Lease, does hereby lease,
demise and let to:
CITY OF REDDING
hereinafter referred to as Lessee:
WHOSE MAILING ADDItESS IS: 777 Auditorium Drive
Redding, California 96001
y • �
those certain lands described in Section 3 subject to the reservations, terms, covenants and conditions of
this Lease.
L�ASE TYPE: General Lease - Public Agency Use
LAND TYPE: Submerged
LOCATION: Turtle Bay, Sacramento River in the City of Redding, Shasta County
LAND USE OR PURPOSE:
The construction and maintenance of a 26 foot x 585 foot pedestrian bridge
TERM: 25 years; beginning June 1, 1998; ending May 31, 2023, unless sooner terminated
as provided under this Lease.
CONSIDERATION:
The public use and benefit; with the State reserving the right at any time to set a
monetary rent if the Commission finds such action to be in the State's best
interest.
Subject to modification by Lessor as specified in Paragraph 2(b) of Section 4 -
General Provisions.
AUTHORIZED IMPROVEMENTS:
26 foot x 585 foot pedestrian bridge
EXISTING:
x TO BE COMPLETED BY:
December 31, 2001
LIABILITY INSURANCE:
$1,000,000 Combined Single Limit
SURETY BOND OR OTHER SECURITY:
N/A
SECTION 2
SPECIAL PROVISIONS
BEFORE THE EXECUTION OF THIS LEASE, ITS PROVISIONS ARE AMENDED,
REVISED OR SUPPLEMENTED AS FOLLOWS:
No additional covenants.
. � • -
;� _//�� , .� ,:, \ � 9 oP ,, � . �u �,�_:� _ _ '-------_ ._�..
. i � � . � . o_ . ° � . � D :
. '�' � 1\ ��.t6c ���� Q. �. �� ., n�rs�...w. _.��t:
-- �/ . •1 �, � :� o '�_� i • � � �' `__ � ! e . .
..� � , � e ..
� , r..f�` • � � , a� ,� e �
,��,• ._ i� . o.
� _�' � ' � ':%.:��` ),: �`' e i. - e, � ' - _•": .. . ° /�
�r � ' .�' � � — �I' °. v Q''" `�- °'�'�
L�s I �' , , .. � o :.,'�� !+� �
�� . - -- _�.�� �.;'`��� - - . ,ti4�.� - . _ '� ` �
�'. _ o
, , �--� r' - � • o +o�.a� �o
�___..-. _. - — ' _� � .,�-.
�� �� ' . � � I
-=-=_- — -%� , � 8 r. � � �--
—` "_S=._ .` '�_" ... �;r�;; .L. ..o 0
�'__ _+�` ' l. y.�� , y�a. a �cdlr' °° " .�� ��/�
l - � a
_sr-�,"� I ='O�: � p:.} , � . ' .��i • . � �O/.i
- �' A {� O -,L7O } ,. J - o o.
_.,` ; �+� �t, '. ..��.. �� • ��`� _ /! � . .
. � . • . d �� . J /— .
. ` ::� (p� . ' O�fT1f'�' � O _ .
1 e� L LL► 7 +�j,�� /��
. , ;;��'� �o '�� - o ' I / �
,!�� a �� �,• .. ,� ] y � �� � .
` • �—�-�..r-�-�J / /
\,��°�e�� � ° ,/ b� ? � - : �_'�
::�_j Q .,��.po �e•^ .
��1:� .:;: � �� .:�'" �,. - � a.
��� . , � ee. ��A.I i
. ,;� Q
}/ � • ry i i
. ... ��/ `/. _ �
--� � _ _ ��r a
•�� I a�fi �
��1��D
' - �J� / �
f�J L
� � �Y� �
�� . O
3 n 7y� f
i ar� •
r
�1 L
f• � /
/ n }�J t
�_ �J� t
I ��.ffi O.S .
I I � � '}'
� �'��:>"- .�-
. � � Or . ' : "�•
� O c '� t �.�c�� � .. •p .� � i •
. �_� �..:_--
1 I v� •
. �\\ 7 -r r� - ��,�`�.'�4'— • •t I,�
—i=_�o�� � - ---_-_ _ . ""' _ _ __- –%,� = �/ : .�"`:e : ii
_..�--�– � � � �J�_ �- �- �� � ---�; r �– p
--_ - "�- .. ,�� - ... — _ � � - � ��:. � ,;
_ �.. '�,J� ,� :.
— —;-��� : -� - — _ _ �• _ �— —�_ ' ,,,� • s
_ ' _'-. ��•�'`�1 •.? �- ..- _�_", � _ ._ _ . .. l ., . ,
. � `��. � a
--?�."}--- �� ~^ � - �iq� czer• {.. �� ���
1 :Y". �. ,`u�..��^ it ' a - — `i� _ — � . ' '..... � �
, / '+�—� � _ k f, ., 7i�� — �1 99ot' .
�;� ;>�' _ .1V I l. f ,,,,� _ � . –
�+� i iV"`"" � c-n.� � s'ce+'
�•' �`'`�"'�.��i 'tAR.i�ir _
.��.� /+ r_ .: `�
–=���'c-�--� \� `��t� 3}. � l�•__ � /
. �* •\+�e' 'Z�t� s y i
-- � � _ � rzs• � � � '� �--
- -- �
This Laud descri�tion is soleiy for purAoses of generally denn�the Iease � SECTION 3
premises,and is not inteaded to be,nor shall it be coIIsmied as, a waive:or • W 15260
Iimitation of auy State iaterest in the subject or any othe:pmpe:ty_ � -
' • SECTION 4 �
GENERAL PROVISIONS
1. GENERAL within sixty (60) days aftec completing them. Lessee's
These provisions are applicable to all leases, permits, rights- discontinuance of such use for a period of ninery (90) days
of-way, easements, or licenses or other interests in real shall be conclusively presumed to he an abandonment.
properry conveyed by the State Lands Commission.
(t�) Continuous Use
2. CONSIDERATION Lessee's use of the Lease Premises shall be continuous
(a) Categories from commencement of the Lease until its expiration.
(1) Rental
Lessee shall pay the annuai rental as stated in this (c) Repairs and Maintenance
Lease to Lessor without deduction, delay or offset, on or Lessee shall, at its own expense, keep and maintain the
before the beginning date of this Lease and on or before Lease Premises and all improvements in good order and repair
each anniversary of its beginning date durin; each year and in safe condition. Lessor shall have no obligation for
of the Lease term. such repair and maintenance.
(2) Non-Monetary Consideration (d) Additions, Alterations and Removai
If the consideiation to Lessor for this Lease is the (1) Additions - No improvements other than those
public use, benefit, health or safety, Lessor shall have expressly authorized in this Lease shall be constructed by
the right to review such consideration at any time and set the Lessee on the Lease Premises without the prior
a mone[ary rental if the State Lands Commission, at its written consent of Lessor.
sole discretion, determines that such action is in the best
interest of the State. (2) Alteration or Removal - Except as provided under
this Lease, no alteration or removal of improvements on
(b) Modification or natural features of the Lease Premises shall be
Lessor may modify the method, amount or ra[e of undertaken without the prior written consent of Lessor.
consideration effective on each fifth anniversary of the
beginning date of this Lease. Should Lessor fail to exercise (e) Conservation
such right effective on any fifth anniversary it may do so Lessee shall practice conservation of water, energy, and
effec[ive on any one (1) of the next four (4) anniversaries other natural resources and shall prevent pollution and harm
following such fifrh anniversary, without prejudice to its right to the environment. Lessee shall not violate any law or
to effect such modification on the next or any succeeding fifth regulation whose purpose is to conserve resources or to
anniversary. No such modification shall become effective protect the environment. Violation of this section shall
unless Lessee is given at least thirry (30) days notice prior to constitute grounds for termination of the Lease. Lessor, by iu
the effective date. executive officer, shall notify Lessee, when in his or her
opinion, Lessee has violated the provisions of this section and
(c) Penalty and Interest Lessee shail respond and discontinue the conduct or remedy
Any installments of rental accruing under this Lease not the condition within 30 days.
paid when due shall be subject to a penalry and shall bear
interest as specified in Pubiic Resources Code Section 6224 (f) Toxics
and the Lessor's then existing administrative regulations Lessee shall not manufacture or generate hazardous
�overning penalry and interest. wastes on the Lease Premises unless specifrcally authorized
under other terms of this Lease. Lessee shall be fully
3. BOU�IDARIES responsible for any hazardous wastes, substances or materials
Tliis Lease is not intended to establish the State's boundaries as defined under federal, state or local law, regulation, or
and is made without prejudice to either parry regarding any ordinance that are manufactured, generated, used, placed,
boundary claims which may be asserted presently or in the disposed, stored, or transported on the Lease Premises during
future. the Lease term and shall comply with and be bound by all
applicable provisions of such federal, state or local law,
�. LAND USE regulation or ordinance dealing with such wastes, substances
(a) General or materials. Lessee shall notify Lessor and the appropriate
Lessee shall use the Lease Premises only for the purpose governmental emergency response agency(ies) immediately in
or purposes stated in this Lease and only for the operation and the event of any release or threatened release of any such
maincenance of the improvemenu expressly authorized in this wastes, substances or materials.
Lease. Lessee shal( commence use of the Lease Premises
within ninety (90) days of the beginning date of this Lease or (g) Enjoyment
within ninery (90) days of the date set for construction to Subject to the provisions of paragraph 5 (a) (2) below,
commence as set forth in this Lease, whichever is later. nothing in this Lease shall preclude Lessee from excluding
Lessee shall notify Lessor within ten (10) days after persons from [he Lease Premises when [heir presence or
commencing the construction of authorized improvements and activiry constitutes a material interference with Lessee's use
' ' �
,_ • Page 2 • -
and enjoyment of the Lease Premises as provided under this (b) Encumbrances '
Lease. This Lease may be subject to pre-existing contracts,
leases, licenses, easements, encumbrances and claims
(h) Discrimination and is made without warranry by Lessor of title,
Lessee in its use of the Lease Premises shall not condition or fitness of the land for the stated or intended
discriminate against any person or class of persons on the purpose.
basis of race, color, creed, religion, national origin, sex, age,
or handicap. 6. RULES, REGULATIONS AND TAYES
(a) Lessee shal!comply with and be bound by all presently
(i) Residential Use existing or subsequendy enacted rules, regulations, statutes or
Iv'o portion of che Lease Premises shall be used as a ordinances of the State Lands Commission or any other
location for a residence or for the purpose of mooring a governmental agency or entiry having lawful audloriry and
structure which is used as a residence. For purposes of this jurisdiction.
Lease, a residence or floating residence includes but is not
(imited to boats, barges, houseboats, trailers, cabins or (b) Lessee understands and agrees that a necessary condition
combinations of such facilities or other such structures which for che granting and continued exis[ence of this Lease is that
provide overnight accommodations to the Lessee or others. . Lessee obtain and maintain all permits or other entitlements.
5. RESERVATIONS, ENCUMBRANCES AND RIGHTS- (c) Lessee accepts responsibiliry for and agrees to pay any
OF-WAY and all possessory interest ta�ces, assessmenu, user fees or
(a) Reservations service charges imposed on or associated with the leasehold
(1) Lessor expressly reserves all natural resources in or interest, improvements or the Lease Premises, and such
on the Lease Premises, including but not limited to payment shall not reduce rental due Lessor under this Lease
timber and minerals as defined under Public and Lessor shall have no liability for such payment.
Resources Code Sections 6401 and 6407, as welt as
the right to grant leases in and over the Lease 7. INDEMNITY
Premises for the extraction of such natural (a) Lessor shall not be liable and Lessee shall indemnify,
resources; however, such leasing shall be neither hold harmless and, at the option of Lessor, defend Lessor, its
inconsistent nor incompatible with the rights or officers, agents, and employees against and for any and all
privileges of Lessee under this Lease. liabiliry, claims, damages or injuries of any kind and from any
cause, arising out of or connected in any way with the
(2) Lessor expressly reserves a right to go on the Lease issuance, enjoyment or breach of this Lease or Lessee's use
Premises and all improvements for any purpose of the Lease Premises except for any such liabiliry, claims,
associated with this Lease or for carrying out any damage or injury solely caused by the negligence of Lessor,
function required by law, or the rules, regulations or ' its officers, agents and employees.
management policies of the State Lands
Commission. Lessor shall have a right of (b) Lessee shall notify Lessor immediately in case of any
reasonable access to the Lease Premises across accident, injury or casualry on the Lease Premises.
Lessee owned or occupied lands adjacent to the
Lease Premises for any purpose associated with this 8. INSURANCE
Lease. (a) Lessee shall obtain and maintain in full force and effect
during the term of this Lease comprehensive general liabiliry
(3) Lessor expressly reserves to the public an easement insurance and property damage insurance, with such coverage
for convenient access across the Lease Premises to and limits as may be reasonably requested by Lessor from
other State-owned lands located near or adjacent to time to time, but in no event for less than the sum(s) specified,
the Lease Premises and a right of reasonable insuring Lessee and Lessor against any and ail claims or
passage across and along any right-of-way granted liabiliry arising out of the ownership, use, occupancy,
by this Lease; however, such easement or right-of- condition or maintenance of the Lease Premises and all
way shall be neither inconsistent nor incompatible improvements.
with the rights or privileges of Lessee under this
Lease. (b) The insurance policy or policies shall name the State of
California, iu officers, employees and volunteers as insureds
(4) Lessor expressly reserves the right to lease, convey, as to the Lease Premises and shall identify the Lease by its
or encumber the Lease Premises, in whole or in assigned number. Lessee shall provide Lessor with a
part, during the Lease term for any purpose not certiticate of such insurance and shall keep such certificate
inconsistent or incompatible with the rights or current. The policy (or endorsement) must provide that the
privileges of Lessee under this Lease. insurer will not cancel the insured's coverage without thirty
(30) days prior written notice to Lessor. Lessor will not be
responsible for any premiums or other assessmenu on the
Form 51.15 (Rev. 4/96)
,� � Page 3 �
�,
• policy. The coverage provided by the insured (Lessee) shall transfer all or any portion of the Lease Premises, Lessee shall
be primary and non-contributing. do all of the following:
(c) The insurance coverage specitied in this Lease shall be (1) Give prior written notice to Lessor;
in effect at all times durina the Lease term and subsequently
until all of che Lease Premises have been either accepted as (2) Provide the name and complete business
improved, by Lessor, or restored by Lessee as provided organization and operational structure of the proposed
elsewhere in this Lease. assignee, sublessee, secured third parry or other
transferee; and the nature of the use of and in[erest in the
9. SURETY BOND Lease Premises proposed by the assignee, sublessee,
(a) Lessee shall provide a surery bond or other securiry secured third party or other transferee. If the proposed
device acceptable to Lessor, for the specifled amount, and assignee, sublessee or secured chird parry is a general or
naming the State of California as the assured, to guarantee to limited partnership, or a joint venture, provide a copy of
Lessor the faithful observance and performance by Lessee of the parmership agreement or joint venture agreement, as
all of the terms, covenants and conditions of this Lease. applicable;
(b) Lessor may require an increase in the amount of the (3) Provide the terms and conditions of the proposed
surery bond or other securiry device to cover any additionally assignment, sublease, or encumbrancing or other
authorized improvemenrs, alterations or purposes and any transfer;
modification of consideration.
(4) Provide audited financial statements for the two
(c) The surery bond or other securiry device shall be most recently completed fiscal years of the proposed
maintained in full force and effect at all times during the assignee, sublessee, secured party c�r other transferee;
Lease term and subsequently until all of the Lease Premises and provide pro forma financial statements showing the
have been either accepted as improved, by Lessor, or restored projected income, expense and financial condition
by Lessee as provided elsewhere in this Lease. . resulting from use of the Lease Premises; and
10. ASSIGNMEN'T,ENCUMBRANCING OR SUBLETTING (5) Provide such additional or supplemental information
(a) Lessee shall not either voluntarily or by operation of law, as Lessor may reasonabiy request concerning the
assign, transfer, mortgage, pledge, hypothecate or encumber proposed assignee, sublessee, secured party or other
this Lease and shall not sublet the Lease Premises, in whole transferee.
or in part, or allow any person other than the Lessee's
employees, agents, servants and invitees to occupy or use all Lessor will evaluate proposed assignees, subiessees,
or any portion of the Lease Premises without the prior written secured third parties and other transferees and grant
consent of Lessor, which consentshall not be unreasonably approval or disapproval according to standards of
withheld. commercial reasonableness considering the following
factors within the context of the proposed use: the
(b) The following shall be deemed to be an assignment or proposed party's financial strength and reliabiliry, their
transfer within the meaning of this Lease: business experience and expertise, their personal and
business reputation, their managerial and operational
(1) If Lessee is a corporation, any dissolution, merger, skills, their proposed use and projected rental, as well as
consolidation or other reorganization of Lessee or sale or other relevant factors.
other transfer of a percentage of capital stock of Lessee
which results in a change of controliing persons, or the (e) Lessor shall have a reasonable period of time from the
sale or other transfer of substantially atl the assets of receipt of all documents and other information required under
Lessee; this provision to grant or deny its approval of the proposed
party.
(2) If Lessee is a pannership, a transfer of any interest
of a general parcner, a withdrawal of any general partner (f) Lessee's mortgage or hypothecation of this Lease, if
from the partnership, or the dissolution of the approved by Lessor, shall be subject to terms and conditions
partnership. found in a separately drafted standard form (Agreement and
Consent to Encumbrancing of Lease) available from Lessor
(c) If this Lease is for sovereign lands, it shall be upon request.
appurtenant to adjoining littoral or riparian land and Lessee
shall not transfer or assign iu ownership interest or use rights (g) Upon the express written assumption of all obligations
in such adjoining lands separately from the leasehotd rights and duties under this Lease by an assignee approved by
granted herein without the prior written consent of Lessor. Lessor, the Lessee may be released from all liabiliry under
this Lease arising after the effective date of assignment and
(d) If Lessee desires to assign, sublet, encumber or otherwise not associated with Lessee's use, possession or occupation of
Form 51.15 (Rev. 4/96)
.. � ,�
,
� Page 4 � .
- .�
or activities on the Lease Premises; except as to any ordinances relating to issues.of Health and Safety�
hazardous wastes, substances or materials as defined under or whose purpose is to conserve resources or to
federal state or local law, regulation or ordinance protect the environment.
manufactured, genera[ed, used, placed, disposed, stored or
transported on the Lease Premises. (b) Lessee's failure to observe or perform any other term,
� covenant or condition of this Lease to be observed or
(h) If the Lessee files a petition or an order for relief is performed by the Lessee when such faiture shall continue for
entered against Lessee, under Chapters 7,9,11 or 13 of the a period of thirry (30) days after Lessor's giving written
Bankruptcy Code (11 USC Sect. 101, et seq.) then the trustee notice; however, if the nature of Lessee's default or breach
or debtor-in-possession must elect to assume or reject this under this paragraph is such that more chan [hirry (30) days
Lease within sixty (60) days after filin� of the petition or are reasonably required for its cure, d�en Lessee shall not be
appointment of the trustee, or the Lease sha(I be deemed to deemed to be in default or breach if Lessee commences such
have been rejected, and Lessor shall be entitled to immediate cure within such thirty (30)day period and diligently proceeds
possession of the Lease Premises. No assu�hption or with such cure to completion.
assienment of this Lease shaii be effective unless it is in
writing and unless the trustee or debtor-in-possession has (c) Remedies
cured aIl defaults under this Lease (monetary and non- In the event of a default or breach by Lessee and I.essee's
monetary) or has provided Lessor with adequate assurances failure to cure such default or breach, Lessor may at any time
(1) that within ten(10)days from the date of such assumption and with or without notice do any one or more of the
or assignment, all monetary defaults under this Lease wiil be following:
cured; and (2) that within thirty (30) days from the date of
such assumption, all non-monetary defaults under this Lease (1) Re-enter the Lease Premises, remove all persons
will be cured; and(3)that all provisions of this Lease will be and properry, and repossess and enjoy such
satisfactorily performed in the future. premises;
11. DEFAULT AN`D REMEDIES (2) Terminate this Lease and Lessee's right of
(a) Default possession of the Lease Premises. Such termination
The occurrence of any one or more of the following shall be effective upon Lessor's giving written
events shall immediately and without further notice notice and upon receipt of such notice Lessee shall
constitute a default or breach of the Lease by Lessee: immediately surrender possession of tlle Lease
Premises to Lessor;
(1) Lessee's failure to make any payment of rental,
royalry, or other consideration as required under this (3) Maintain this Lease in full force and effect and
Lease; recover any rental, royalry, or other consideration as
it becomes due without terminating Lessee's right of
(2j i.essee's faiiure to ok�tain or maintain liability possession regardless of whether Lessee shall have
insurance or a surery bond or other security device abandoned the Lease Premises; and/or
as required under chis Lease;
(4) Exercise any other right or remedy which Lessor
(3) Lessee's vacation or abandonment of the Lease may have at law or equity.
Premises (including the covenant for continuous use
as provided for in paragraph 4) during the Lease
term; 12. RESTORATION OF LEASE PREMISES
(a) Upon expiration or sooner termination of this Lease,
(4) Lessee's failure to obtain and maintain all necessary Lessor upon written notice may take title to any or a1]
governmental permits or other entitlements; improvements, including fills, or Lessor may require Lessee
to remove all or any such improvements at its sole expense
(�) Lessee's failure to comply with all applicable and risk; or Lessor may itself remove or have removed all or
provisions of federal, state or local law, reaulation any portion of such improvements at Lessee's sole expense.
or ordinance dealing with hazardous waste, Lessee shall deliver to Lessor such documentation as may be
substances or macerials as defined under such law; necessary to convey title to such improvements to Lessor free
and clear of any liens, mortgages, loans or any other
(6) Lessee's failure to commence to construct and to encumbrances.
complete construction of the improvements
authorized by this Lease within the time limits (b) In removing any such improvemenu Lessee shall restore
specified in this Lease; and/or the Lease Premises as nearly as possible to the conditions
existing prior to their installation or construction.
(7) Lessee's failure to comply with applicable
provisions of federal, state or local laws or (c) All plans for and subsequen[ removal and restoration
Form 51.15 (Rev. 4/96)
,� , , .
' � � 4
� • Page 5 •
• -.
shall be to the satisfaction of Lessor and shail be completed (b) Time
within ninery (90) days after the expiration or sooner Time is of the essence of this Lease and each and all of
termination of this Lease or after compliance with paragraph its terms, covenants or conditions in which performance
12(d), whichever is the lesser. is a factor.
(d) In removing any or all the improvements Lessee shall be (c) Notice
required to obtain any permits or other governmental All notices required to be given under this Lease shall be
approvals as may then be required by lawful authoriry. given in writing, sent by U.S. Mai] with postage prepaid,
to Lessor at the offices of the State Lands Commission
(e) Lessor may at any time during the Lease term require and the Lessee at the address specified in this Lease.
Lessee to conduct at its own expense and by a contractor Lessee shall give Lessor notice of any change in its name
approved by Lessor an independent environmenta] site or address.
assessment or inspection for the presence or suspected
presence of hazardous wastes, substances or materia(s as (d) Consent
defined under federal, state or local law, regulation or Where Lessor's consent is required under this Lease its
ordinance manufactured, generated, used, placed, disposed, consent for one transaction or event shali not be deemed
stored or transported on the Lease Premises during the term to be a consent to any subsequent occunence of the same
of the Lease. Lessee shall provide the results of the or any other transaction or event.
assessment or inspection to Lessor and the appropriate
governmental response agency(ies) and shall further be (e) Changes
responsible for removing oi taking other appropriate remedial This Lease may be terminated and its term, covenants
action regarding such wastes, substances or materials in and conditions amended, revised or supplemented only
accordance with applicable federal, state or locai law by mutual written agreement of the parties.
regulation or ordinance.
(fl Successors
13. QUITCLAIM The terms, covenants and conditions of this Lease shall
Lessee shall, within ninety (90) days of the expiration or extend to and be binding upon and inure to the benefit of
sooner termination of this Lease, execute and deliver to the heirs, successors, and assigns of the respective
Lessor in a form provided by Lessor a good and sufficient parties.
release of all rights under this Lease. Shou]d Lessee fail or
refuse to deliver such a release, a written notice by Lessor (g) Joint and Several Obligation
reciting such failure or refusal shall, from the date of its If more than one Lessee is a party to this Lease, the
recordation, be conclusive evidence against Lessee of the obligations of the Lessees shall be joint and several.
termination of this Lease and all other claimants.
(h) Captions
14. HOLDING-OVER The captions of this Lease are not controlling and shall
Any holding-over by Lessee after the expiration of the Lease have no effect upon its construction or interpretation.
term, with or without the express or implied consent of
Lessor, shall constitute a tenancy from month to month and (i) Severability
not an extension of the Lease term and shall be on the terms, If any term, covenant or condition of this Lease is
covenants, and conditions of this Lease, except that the annual determined by a court of competent jurisdiction to be
rental then in effect shall be increased by twenry-tive percent invalid, it shall be considered deleted and shall not
(25%). invalidate any of the remaining terms, covenants and
conditions.
15. ADDITIONAL PROVISIONS
(a) Waiver /
(1) No term, covenant, or condition of this Lease and /
no default or breach of any such term, covenant or /
condition shall be deemed to have been waived, by /
Lessor's acceptance of a late or nonconforming /
performance or otherwise, unless such a waiver is /
expressly acknowledged by Lessor in writing. /
/
(2) Any such waiver shall not be deemed to be a waiver /
of any other term, covenant or condition of any /
other default or breach of any term, covenant or /
condition of this Lease. /
/
/
Form 51.15 (Rev. 4/96)
. , . �
� '; ' � ' . �
Page 6 � .
STATE OF CALIFORNIA - STATE LANDS CONIMISSION
LEASE P.R.C. NO.
This Lease shall become effective only when approved by and executed on behalf of the State Lands
Commission of the State of California and a duly executed copy has been delivered to Lessee. The submission
of this Lease by Lessor, its agent or representative for examination by Lessee does not constitute an option or
offer to lease the Lease Premises upon the terms and conditions contained herein, or a reservation of the I.ease
Premises in favor of Lessee. Lessee's submission of an executed copy of this Lease to Lessor shall constitute
an offer to Lessor to lease the Lease Premises on the terms and conditions set forth herein.
IN WITNESS WHEREOF, the parties hereto have executed this Lease as of the date hereafter affixed.
LESSEE STATE OF CALIFORNIA
STATE LANDS COMMISSION
By:
Title:
Date:
���'L'��t c.
W. LEOi�y,':_;�'� �"h'! A E
City +�'tiorne
ACKNQWLEDGEMENT This Lease was authorized by the
California State Lands Commission on
(Month Day Year)
Fvrm 51.15 (Rev. 4/96)