HomeMy WebLinkAboutReso 97-031 - Approve Entering into a General Lease with the California State Lands Comm for Right-of Way use to submerged lands for the Expansion of the S Bonnyview Bridge Accross Sac River . _. ,. • .
RESOLUTION NO. 97-�
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
REDDING APPROVING ENTERING INTO A GENERAL LEASE
WITH THE CALIFORNIA STATE LANDS COMMISSION FOR
RIGHT-0E-WAY USE TO SUBMERGED LANDS FOR THE
EXPANSION OF THE SOUTH BONNYVIEW BRIDGE ACROSS
THE SACRAMENTO RIVER.
WHEREAS, the South Bonnyview Bridge Expansion Project is currently being designed; it is
anticipated that construction bids will be solicited in March 1997, and construction will begin in May
1997; and
WHEREAS, the City, in order to expand the bridge construction, must lease from the state
lands to which the state has title; and
WHEREAS, the attached California State Lands Commission lease (state reference W25369)
allows the City to lease the state lands within the boundaries of the Sacramento River upon and over
which the South Bonnyview Bridge is to be expanded; there is no monetary rental for the lease at this
time, but the state reserves the right to do so; and
WHEREAS, staff is seeking Council's approval to enter into the lease;
NOW, THEREFORE, IT IS RESOLVED that the City Council approves entering into the
attached lease with the California State Lands Commission; the City Manager is authorized to execute
the lease on behalf of the City; and the City Clerk is directed to attest his signature and affix the seal of
the City thereto.
I HEREBY CERTIFY that the foregoing resolution was introduced, read and adopted at a
regular meeting of the City Council on the 18th day of February, 1997, by the following vote:
AYES: COUNCIL MEMBERS: R. Anderson, Kehoe and Murray
NOES: COUNCIL NIEMBERS: None
ABSENT: COUNCIL MEMBERS: P. Anderson and McGeorge
ABSTAIN: COUNCIL MEMBERS: None
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DAVID L. c�EORV , M yor �
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Attest: Form Appro . �
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Connie Strohmayer, City lerk �W. Leonard Wingate,�C Attorney
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STATE OF CALIFORNIA FOR RECORDERS USE ONLY
STATE LANDS COMMISSION
RECORDED AT THE REQUEST OF
State of California
State Lands Cortmission
Document entitled to free
recordation pursuant to
Government Code Section 27383.
WHEN RECORDED MAIL TO
State Lands Comnission
100 Howe Avenue, Suite 100 South
Sacramento, California 95825
Attention: Title Unit
LEASE NO.
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 STATE LANDS CONIl�IISSION (100 Howe Avenue, Suite 100-South,
Sacramento, California 95825) , 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
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hereinafter referred to as Lessee :
WHOSE MAILING ADDRESS IS: 760 Parkview Avenue
Redding, California 96001
those certain lands described in Section 3 subject to the reservations,
terms, covenants and conditions of this Lease .
LEASE TYPE: GENERAL LEASE - RIGHT OF WAY USE
LAND TYPE: Submerged land
LOCATION: Sacramento River, City of Redding, Shasta County
LAND USE OR PURPOSE: The South Bonnyview bridge : The continued use and
maintenance of the existing two-lane bridge; and the construction, use
and maintenance of a new two-lane bridge to be located approximately
four feet from the existing bridge, both bridges being located within
the same right of way.
TERM: 25 years beginning February l, 1997 ending January 31, 2022 ,
unless sooner terminated as provided under this Lease .
CONSIDER.ATION: The public use and benefit, with the State reserving the
right at any time to set a monetary rental if the Commission finds such
action to be in the State ' s best interest .
Subject to modification by Lessor as specified in Section 4 - General
Provisions .
AUTHORIZED IMPROVEMENTS: A two-lane bridge within the same right of way
as the South Bonnyview Bridge .
x EXISTING: A two-lane bridge currently known as the South
Bonnyview Bridge .
x TO BE COMPLETED BY: December 31, 1999 .
LIABILITY INSURANCE: N/A.
SURETY BOND OR OTHER SECURITY: N/A.
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SECTION 2
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This Land description is solely for
� purposes of generally defining the lease
1�., � c�� premises,and is not intended to be,nor
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.���'��`"���'�`�� , SECTION 3
����`����`���<::.. PROPOSED BRIDGE W 25369
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� � SECTION 4 �
GENERAL PROVISIONS
1. GENERAL within sixry (60) days after 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, easemenu, or licenses or other interesu in real shall be conclusively presumed to he an abandonment.
property conveyed by the State Lands Commission.
(b) 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 annual 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 during each yeaz 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 Removal
If the consideration 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 consideradon at any time and set the Lessee on the Lease Premises without the prior
a monetary rental if the State Lands Commission, at its written consent of Lessor.
sole disc:reUon,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) Modi�cation or natural features of the Lease Premises shall be
Lessor may modify the method, amount or rate of undertaken without the prior written consent of Lessor.
consideratior.i 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
effective on any one (1) of the nezt four (4) anniversaries other natural resources and shall prevent pollution and harm
following such fifth 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 its
the effective date. ezecutive ofFicer, shall notify Lessee, when in his or her
opinion, Lessee has violated the provisions of this section and
(c) Penalty and Interest -� Lessee shall respond and discontinue the conduct or remedy
Any installmenu 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 Public Resources Code Section 6224 (� Toxics
and the Lessor's then existing administrative regulations Lessee shall not manufacture or generate hazardous
governing penalty and interest. wastes on the Lease Premises unless specifically authorized
under other terms of this Lease. Lessee shall be fully
3. BOUNDARIES responsible for any hazardous wastes, substances or materials
This 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,
4. 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
maintenance of the improvements expressly authorized in this wastes, substances or materials.
Lease. Lessee shall commence use of the Lease Premises
within ninery(90)days of the beginning date of this Lease or (g) Enjoyment
within ninety (90) days of the date set for construction to Subject to the provisions of paragraph 5 (a) (2) below,
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commence as set o m this Lease, whichever is later. nothing in this Lease;shall preclude;;:i;essee:from excluding.. .
Lessee shall notify Lessor within ten (10) days after persons from the Lease Premises when their presence or
commencing the construction of authorized improvemenu and activity constitutes a material interference with Lessee's use
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policy. The coverage provided by the insured (Lessee) shall transfer all or any portion of the Ixase Premises, Lessee shall
be primary and non-conuibuting. do all of the following:
(c) The insurance coverage specified in this Lease shail be (1) Give prior written notice to Lessor;
in effect at all times during the Lease term and subsequently
until all of the 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 party or other
transferee; and the nature of the use of and interest in the
9. SURETI'BOND Lease Premises proposed by the assignee, sublessee,
(a) Lessee shall provide a surery bond or other security secured third parry or other uansferee. If the proposed
device acceptable to Lessor, for the specified_amount, and assignee, sublessee or secured third parry is a general or
naming the State of California as the assured, to guarantee to limited partriership, or a joint venture, provide a copy of
Lessor the faithful observance and performance by Lessee of the partnership agreement or joint venture agreement, as
all of the terms, covenanu 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 security device to cover any additionally assignment, sublease, or encumbrancing or other
authorized improvem�nts, alterations or purposes and any transfer;
modification of consideration.
(4) Provide audited financial statemenu for the two
(c) The surety bond or other security 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 parry or 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. ASSIGNMENT,ENCi1MBRANCING OR SUBLETTING (5) Provide such addivonal or supplemental information
(a) Lessee shall not either voluntarily or by operation of law, as Lessor may reasonably 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, sublessees,
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 contezt of the proposed use: the
(b) The following shall be deemed to be an assignment or proposed party's financial suength and reliabiliry, their
transfer within the meaning of this Lease: business ezperience and ezpertise, 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 resulu in a change of controlling persons, or the (e) Lessor shall have a reasonable period of time from the
sale or ather uansfer of substantially all the assets of receipt of all documenu and other information required under
Lessee; this provision to grant or deny iu approval of the proposed
P�Y•
(2) If L.essee is a partnership, a transfer of any interest
of a general partner, a withdrawal of any general partner (� 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 ripazian land and Lessee
shall not transfer or assign its ownership interest or use rights (g) Upon the ezpress written assumption of all obligations
in such adjoining lands separately from the leasehold 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 liability 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)
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STATE OF CALIFORNIA - STATE LANDS COMMISSION
LEASE P.R.C. NO.
This I.ease 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 WITNIESS WHEREOF, the parties hereto have executed this Lease as of the date hereafter affixed.
LESSEE STATE OF CALIFORNIA
STATE LANDS COMMISSION
By:
Title:
- Date•
ACKNOWLEDGEMENT S This Lease was authorized by the
1G1�California State Lands Commission on s
j��
(Month Day Year)
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Form 51.15 (Rev. 4/96)