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HomeMy WebLinkAboutReso 96-044 - Approving entering into a General Lease with the State of Calif, State Lands, Division, for the Replacement of the Diestelhorst Bridge Across the Sacramento River . � � � RESOLUTION NO. 96-�5� A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING APPROVING ENTERING INTO A GENERAL LEASE (PUBLIC AGENCY USE) WTTH THE STATE OF CALIFOItNIA, STATE LANDS DIVISION, FOR THE REPLACEMENT OF THE DIESTELHORST BRIDGE ACROSS THE SACRAMENTO RIVER. WHEREAS, the Lake Redding Bridge Project is currently being advertised, and bids are to open on March 5, 1996; and WHEREAS, the City, in order to construct the bridge, needs authority from the state which has title to the lands beneath the river; and WHEREAS, the attached California State Lands Commission lease (state reference W24099) allows the City to lease the state lands within the boundaries of the Sacramento River upon and over which the Lake Redding Bridge is to be constructed; there is no fee attached to the lease at this time, but it does provide that the state may impose a fee in the future; and WHEREAS, staff is seeking Council's approval to enter into the lease; NOW, THEREFORE, TT IS HEREBY 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 special meeting of the City Council on the 26th day of February, 1996, by the following vote: AYES: COUNCIL MEMBERS: P• Anderson, R. Anderson, McGeorge, Murray and Kehoe NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None ABSTAIN: COUNCIL MEMBERS: None . ,� �� �- DAVID A. HOE, Mayor � � � ATTEST: FORM APPROVED: � � . � �� , � , ,i�r�c'� ;�/�-�- CONI'VIE STROHMAYER, C erk W. LEONARD WINGA ; Gity':Attome .:::::_::: � . .y . ..... .. . � � 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 Commission 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�2ISSION (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 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 - PUBLIC AGENCY USE LAND TYPE: Submerged LOCATION: Sacramento River, Shasta County LAND USE OR PURPOSE: Replacement of Diestelhorst Bridge TERM: 25 years, beginning March 1, 1996, ending February 28, 2021, 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 . S�ubject to modification by Lessor as specified in Section 4 - General Provisions . AUTHORIZED IMPROVEMENTS: Construction of Diestelhorst Bridge EXISTING: X CONSTRUCTION TO BE COMPLETED BY: 12/31/98 . LIABILITY INSUR.ANCE: N/A. SURETY BOND OR OTHER SECURITY: N/A. ---------------------------------------------------------------- SECTION 2 l . Section 4 paragraph 10 (f) is deleted and replaced as follows : Lessee ' s mortgage or hypothecation of this Lease, if approved by Lessor, shall be subject to terms and conditions found in a separately drafted Agreement and Consent to Encumbrancing of Lease available from Lessor upon request . � � � 2 . Lessee shall comply with the Environmental Impact Report/Environmental Assessment (SCH 88021601) and the Mitigation and Monitoring Plan prepared and adopted by the City of Redding. . ' � � � � amdoai�n�wa 9 e � � b i , + � � � e�. - . - �-�t--��... f ,_ .... I �J (� I LL�y � • .: 1.])�00 ' W1W1Yn S� yN00r� : .F.. � �+ p , ?,�'� o, �����. �'"^' . ,�I ;�y ' ff�� �/�II'1� I�,'^ _ � �`�.-`..�.,,�� _._ "_ __�NYOf I±�_��`___ ' ..... . 1 .. ^ �ZmN /" i.Nlf�__—�^� � . �� QZ F- /.r.{.^ I I I � �� �� 'L� � � Il \ <z O ��1�"4�. 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'—' __ a e - � � \ I � i 4 i 4 `�\ � �- — -I— �— -uwaw---�$�— -- � �-,��` ' ,` \ :\ "`� a , ;/� ,� `"' i �, � w�'��� -- -�I---'i ----- - --+-- - _ � Q, i � � -� _, ` � � ' �% -- �-�4— i---- ----�— -�+-----. � A \ \ cN � � \ i � � � �`\`\�' �� ` � ' � `_lLJ — \ \ ��. �a ��/F a `% — �1 � �MF��rtf5 6�3 } . - ���ir� r1� • `�" \\ �'011U'1�� ��(�. '2� I � \ �l � e�`���\� n��� ��.' _ �- _ ` - N � 4 \ � • Z --}- --j-- � I I i i i i i p o � This exhibit is solely for purposes of generally defining the lease premises,and SECTION ��3�� is not intended to be,nor shall it be construed as, a waiver or limitation of any � . W-24099 .: :: _ State interest in the subject or other property. . _- � SECITON 4 � GENERAL PROVISIONS i. c�L �a� naa;�,a�c;��a� 'Ibue ptwisions arc applicable to all leaus,permits,rights-of-way, (1) Additions-No impiovements other than thoae upressly easemrnts,or licenses or other interesu in rcal property mnveyed by authorized in this I.eau shall be constructed by the Itssee on the State Lands Commission. , the I,ease Prcmises without the prior written consent of Lusor. 2. COPA'mERATION (2) Alteration or Removal - Fxcept as provided under this (a) Categories I.ease,no alteration or removal of impro�ements on or natural (1) Rtatal featurss of the I.ease Premisu shall be undertaken without the I.�ssee s6ail pay the annual rental as stated in this I.ease prior wrinem m�sent of Lesaor. � to I.escor without deduction,delay or offut,on or before the beginning date of this I.ease and on or before each anniveisary (e) Coosetvatioo of its beginning date during each year of the I.ea.0 tcrm. I.essee shall practice conurvation of arater,eneigy,and other natural resources and shall prevent pollution and harm to the (2) Noo-Mooetary Caodderation environment. Lucee shall not violate any law or regulation whose If tho consideration to I.essor for this lease is the public purpc�se is to consern resources or to protut the environment. use, bencfit, health or safety, Lessor shall have the right to Violation of this section shall constitute grounds for termination of rcview such consideration at any time and set a monetary rcntal the lease. I,eswr,by its executive oCCicer,shall notify I.essee,wfien if th�State Iands Commission,at its sole discietion,determinu in his or her opinion, Lessee has violated the provisions of this that such action is in the but interest of the State. section and I.essce shall respond and discontinue the conduct or remedy the mndition within 30 days. (b) Modi6catian I.essor may modify the method,amount or rate of consideration (� Tama effective on each fifth annive:sary of the be�nning date of this I.ease. I,essee shall not manufactute or gencrate hazatdous wazta on Should I.essor fail to exercise such right elfective on any fifth the I.tase Premises nnless specifically authorized under other tcrms anniversary it may do so effective on any one(1)of the next four(4) of this I,easc. Lessee shall be fully responsible for any huardous anniversaries follawing such fifth anniveisary,without prejudice to its wasta,substances or materials az defined under federal,state or local right to effect such modification on the next or any succeeding fifth law,regulation,or ordinance that are manufactured,generated,used, annive:sary. No such modification shall become effective unlcss placed,disposed,etored,or trensported on the I.eau Premises during Lessee is given at least thirty(30)days notice prior to the effective the I.ease term and shall comply with and be bound by all applicable datc. pmvisions of such federal,state or loeal law,�gulation or ordinancc dcaling with such waztes,substances or materiak. L,escee thall notify (c) Peaalry and Inte�est I.essor and the appropriate gcmrnmcntal emergency issponsc My installmcnu of rental accruing under this Lease not paid agency(ies) immediately in the event of any release or thrsatcncd when due shall be subject to a penalty and ahall bear interest as release of any such wastes,substances or material� specified in Public Ruources Code Scction 6224 and the I.essoPs thcn cristing administrative isgulations gvveming penalry and (g) Fajvymeac interest. Subject to the provisions of paragraph 5(a)(2)below,nothing in this i.eau shall pteclude.I.essee from excluding persons(rom the 3• BOUNDAKIEiS l.ease Premisu when their prssence or activity constitutes a maeerial 'IT�is lease is not intended to utabl'uh the SWte's boundaries and is interference with l.e.ctee's use and enjoyment o(the I.eau Premius made without prejudice to either party regarding any boundary claims as provided under this l.eau. . which may be asserted presently or in the future. (h) Disc�imination 4. IAND USE l.essee in its use of the I.ease Prsmises shall not diuriminate (a) General against any person or class of persons on the basis of race, color, l.essee shall uu the Lease Premises only for the purpo.0 or creed,religion,national origin,sex,age,or handipp. purposes stated in this I.tau and only for the operation and maintenance of thc improvemcnts exprcssly authorized in this I.ease. (i) Residential Use Lessee shall mmmence use of the L.ease Ptemises within ninery(90) No portion of the I.eau Premises ahall bc used az a location days o!the beginning date of this L,ease or within ninety(90)days o( for a rcsidence or for the purpose of mooring a strutture which is the date sct for mnstruction to mmmence as set(orth in this Lease, used as a rrsidence. For purposes of this Lease, a residence or whichcver is later. L.escee shall notify Lessot within ten (10)days floating residence includes but is not limited to boats, barges, aftcr mmmencing the mnstruction of authorized improvements and houseboats,trailers,cabins or combinations of such facilitiu or other within sixty(60)days after mmpleting them. I.esue's discontinuance such structuirs which prwide wernight accommodations to the of such use for a period of ninety(90) days shall be coaclusivcly Les,ue or others. presumed to be an abandonment. 5. RP�RVATIONS,IIVCIJMBRANC�S AND RIGI�IS-ORWAY (b) Cootinuous Uce (a) Rrseivatioas Lessee'a usc of the Leau Premixs shall be continuous from (1) I.estor exp:estly rsserns all natural resources in or on thc commencement of the I.ease until its expiration. L.ease Premises, including but not limited to timber and mincrals at defined under Public Resouires Code Scctions (c) Repaia and Ndain�r^'TM*' 6401 and 6407,as well as the right to gtant leaus in and Lesue shall,at its awn expense,keep and maintain the I.case ov�r the I,eau Premises for the extraction of such natural Premises and all imprwements in good order and repair and in safe rssources; hoavever, such Iwsing shall be neithcr condition. l.essor shall have no obligation [or such repair and imm�sistent nor incompatible with the.rights or privilegu maintenanco. of I.essee under.this Lease.::�::: � - ' Form S1.IS(Rcv.I1/9l) Pa�2 (2) I.essor expressty teserves a right t� on the L,ease _ (b) The insurance�icy or policia shall name the State o( Premises and all imprwements for anypnrpose associated GGfornia,its officcrs,employcu and wlunteers as insureds as to with this I.ease or for carrying out any function rcquired the L.eau Premises and shall identify the Leau by its assigncd by law,or the rules,zegulations or management poiiries of number. Lessee shall provide I,essor with a certificate of ruch the State Iands Commission. Lessor shall have a right of insurance and shall keep such certificate current.-The policy (or reasonable access to the I.eau Premises across L.essee endo:semcnt) must provide that the insu�r wiU aot cancel the owned or octvpied lands adjacent to the Lea.0 Premises insured's coverage without thirty(30)days prior written noticc to for any purpose associated with this Lease. I.essor. I.essor will not be responsible for any pfemiums or other asscssmenu on the poliry. Tlu coverage p:vvided by the insured (3) Lessor expressly restrves to the public an easement for (I.esue)ahalt be primary and non�ontributing. ' mnvenieat aaess acruss the I.easc Premises to othcr State-ovmed lands located near or adjacent to the Lease (c) The insurance coverage speci6ed in this I.ease shall be in eClut Premises and a right of ressonable pa.ssage ac:oss and at all timu during the Lease term and subsequendy unril alI of the along aey right-0f�vay granted by this L,ease; how�ver, Lea.0 Prsmises have been either acapted as improved,by L,essor,or such easement or right-oF-�ray shal!be neither imm�sistent trstoted by I.essee as pt+ovided ekewhete in this Lease. nor inmmpatible with the rights or privileges of Lessee under this I.ease. _ 9. SUREIY BOND (a) Lessee shall provide a surety bond or other security devicc (4) I.e.csor expressly reserns the right to lease, mnvey, or acceptable to Lessor,for the specified amount,and naming thc State encumber the L.ease Premises,in whole or in part,during of Califomia as the assured, to guarantee to Lessor the faithful the Lea.0 term for any purpose not inconsisten[ or oburvance and performance by Lessee of atl of the terms,cavenants inmmpatible with the rights or privileges of Lessec under and conditions of this Lease. this l.ease. (b) I.essor may require an increa.0 in the amount of thc surety (b) Facvmbranoex bond or other securiry device to cover any additionally authoriud This Lease may be subject to pre-existing cantracts, leases, impravemenu, alterations or purpnses and any modification of licenses, easemenu, oncumbranca and claims and is made mnsideration. without warranty by I,essor of tiHe,mndition or 6tness of the land for the stated or intended purpose. (t) The surety bond or other security device shall be maintained in • full fose and effeet at all dmu during the l.ease term and 6. RLJL.ES,RF.GUTAZ70N5 AND TA7�S subsequently until all of the L.ease Premius have been either (a) I.essee shall complywith and be bound byall ptssently existing aocepted as improved,by Lessor,or irstoied by Lessee as provided or subuquently enacted rula,regulations,statutes or ordinances of elseafiere in this l,ease. the State Lands Commission or any other govemmental agcncy or entity having lawful authority and jurisdiction. 10. ASS7GNMIIdT.HVCCTH�RANCIIJG OR SUBIEI'I�VG (a) I.escceshallnoteitherwluntarilyorbyoperationoflaw,assign, (b) I.essee undeistands and agreu that a neeescary condition for transfer,mortgage,pledge,hypothecate or eneumber this Lease and the granting and continued e�dstence of this Leaxe is that Lessee shall not eublet the Lease Ptemises,in ahole or in part,or allow any obtain and maintain all permits or other entitlemen[s. � peTson other than the Lessee's employea, agents, setvants and invitea to occupy or use all or any portion of the I.ease Premises (c) I.cssee accepts responsibility for and agreu to pay any and all without the prior written eonsent o[Lessor,which consent shall not possessory interest taxa, ascessments, uscr fees or service charges be unreasonably withheld. imposed on or.associated with the leasehold interest,improvements or the Lease Premises,and such payment shall not reduce rental due (b)• The follawing shall be deemed to be an assignment or transfcr Lessor under this Lease and I.escor shall have no liability for such within the meaning of this Lease: payment. (1) If l.essee is a mrporation, any dissolution, merger, 7. INDPMNI'I'Y consolidation or other rcorganization of I.essee or sale or other (a) Lessor shall not be liable and Lesue shall indemnify, hold transfer ot a pereentage of capital stock of l.esue which results harmless and, at the option of l.essor, defend Lessor, its officecs, in a change of controlling persons,or the sale or other transfer agcnts, and employees against and for any and all liability, claims, of substantially all the assets of I.essee. damages or injuries of any kind and from any eause,arising out of or connected in any way with the issuance,enjoyment or breach o!this (2) If I.essee is a partnetship,a transfer of any intecut of a Lease or Lesxe's use of the Lease Premises ezcept for any such general partnet,a withdrawal of any general partner from thc liability,claims,damage or injury solely caused by the negligence of partnership,or the dissolution of the partnership. l.essor,its officers,agents and employeu. (c) ]f this I,ease is for sovereign lands,it shall be appurtenant to (b) Lessee ahall notify I.essor immediately in case of any accident, adjoining littoral or riparian land and Lesue shall not transfer or injury or casualty on the Lea.0 Premises. assign its ownecship interest or use rights in such adjoining lands separately from the leauhold rights granted herein without the prior 8. ITISURANC�: writtem m�sent of Lessor. (a) Lcssce shall obtain and maintain in lull locee and effect during the term of this Lease comprehensive general liability insurance and (d) I[ L.essee desires to assig�, sublet, encumber or otherwise property damage insurence, with such coverage and limits as may be transfer all or any portion of the Lease Premises,l.�ssee shall do all reasonably requuted by I.essor trom time to time,but in no event(or of the Collawing. less than the sum(s)specified,insuring l.essee and Lessor against any and alI claims or liability arising out of the oametship,use,occupancy, (1) Give prior written notia to I.essor, condition or maintenance of the Lease Premisu and aIl imprcrvcments. • . _ . , .. ..:. Form 51.iS(Rcv.ll%91) - - • Page 3 . (2) Prwide the name and complete busmess organization and 11. DFFAULT AND�IE�S operational struccure of the proposed assignee, sublessee, (a) Defadt secured third party or othcr transferec; and the nature of the Zhe occurrence of any one or moce oF the folloaing evcnts shap use of and intcrest in the Lea.0 Premises proposed by the immediately and without further notice constitute a defaul[or assignee,sublessee,securrd third party or other transfcrea If breach of the I.ease by Lessee: the pioposed astignce, sublessee or sccured third party is a general or limited partnership, or a joint venture, provide a (1) L,escee's failure to make any payment of rental,royalry,or mpy o[the partne:ship ag�ement or joint venture agrcement, other mnsideration as rcquired under this i.esu; as applicable; (2) L.estee's failure to obtain or maintain liabiliry insurance or (3) Provide the terms and conditions of thc proposed •a snzety bond or othcr securiry device as tequiKd undcr assignment,sublease,or encumbrancing or other transfer, this Lease; . (4) Provide audited financial statements for the tcvo most (3) I.essee's vacation or abandonment of the I.ease Piemisa recently completed fiscal yeats of the propoud assignee, (including the covenant for continuous uu as ptovided for sublcssee,securcd parry or other transferee; and provide pro in paragraph 4)during the I.ease term; forma financial statements showing the projected income, expense and finanrial eondition resulting from use of the I.ease (4) I.essee's failure to obtain and maintain all necescary Premises;and governmental permits or other entitlements; (5) Provide such additional or supplemental information as (5) Lescee's failure to comply with all applirable provisions of Lrssor may reasonably requut concerning the proposed fedcral,state or local law,regulation or ordinancc dcaling astignee,sublessee,secured party or other transfercc. with hazatdous waste,substances or materials as defined under such law, L,essor will evaluate propased assignecs, sublesseu, ucured third parties and other transfereu and grant approval or (6) I,essee's failure to mmmence to construct and to complete disapproval according to standards of commercial eonstruction of the improvements authoriud by this Leasc nasonableness considering the following facto� within the within the time limits specified in this L�ease;and/or context of the ptvposed use: the proposed part�s financial strength and reliability,their business euperience and expertise, (� I.escee's failure to mmply with applicable provisions of their personal and business reputation, their managerial and federal,state or local laws or o�dinancu relating to issuu operational skills,their prvpoaed use a�d projected rental,as of Health and Safety, or whose pu:pase is to mnurn well as other relcvant factots. iesources or to protect thc em�ironment. (e) I.cssor shall have a reasonable period ot timc!rom the reccipt (b) I.es.ue's failure to oburve or perfotm any other term,covenant of all documenu and other infotmation required under this provision or condition of this l.eau to be obscrnd or per[ormed by the I.cssee to grant or dcny its approval of the proposed party. when such failure shall continuc for a period of thirty(30)days after Lestor's giving written notice; however, if the natuie of l,escee's (� Lessee's mortgage or hypothecation of this Lea.u,if appraved default or breach under this paragnph is such that mote than thirty by Lessor, shalt bc subject to terms and mnditions found in a (30)days are reasonably required for its cure,then 1.Gaee ahall not separately drafted s[andard form (Agreement and Consent to be deemed to be in default or breach if Itssee mmmencu such curc Encumbrancing of L.ease)arailable from Lessor upon request, within such thirty(30)day period and diligently proceeds with such cure to completion. (g) Upon the expr+ess written assumption of all obligations and duties under this l.eau by an assignee apprcn+ed by Lescor, the (c) Remalies Lessee may be releaud from all liability under this I.eau arising after In the event of a default or breach by I.esue and l,essee's the effective date of assignment and not associated with Lessee's use, failure to euiz such default or breach,Les.wr may at any time and possession or occupation o[ or activities on the Leasc Premius; with or without notice do any one or more o(the following. exccpt as to any ha7ardous vrastes,substances or materials as defined undcr federal state or local law, rcgutation or ordinance (1) Re-enter the I.ease Premisu, remove all persons and manufaccured,generated used,placed disposed,stored or tnnspottcd property,and repossrsc and enjoy such premisu; on the Lease Premises. (2) Terminate this Lease and I.e.aee's right of posu.ssion of (h) I(the Les.ue filu a petition or an ordcr for relief is enteted the I.tau Premises. Sucfi termination shall be eflective against Lcssee,undcr Chapteis 7,9,11 or 13 of the Bankruptcy Code upon Lessor's giving written notice and upon isceipt of (ll USC Sect. 301,et seq.)then the trustee or debtor-in-posu.ssion such notice I.esue shall immediately sumnder posussion muse elect to ascume or reject this Lease within sixry(60)days after of the I.ease P:emises to I.exsor, filing o[thc pctition or appointment of the trustee,or the L.ease shall bc dccmed to have been rejected, and Lessor shall be cntitled to (3) Maintain this Lease in full fom and effect and recover immediate pcsu.ssion of the L.ease Premises. No assumption or any�ntal, royalty,or.othcr mnsideration az it bccromu assignment of this Leau shall be effective unless it is in writing and due without terminating l,essee's right of poscescion unless the trustee or debtor-in-posuscion has cured all defaults under rzgardless of whether l.esvee shall have abandoned the this Lease(monctary and non-monetary)or has provided l.essor with Leau Premises;and/or adequate assurances (1) that within ten (10) days from the date of such assumption or assignment, all monetary defaults under this (4) Fxercise any other right or rsmedy which I,e.ssor may have Lcase witl be curcd;and(2)that within thirty(30)days from the date at law or equity. of such assumption,all non-monetary defaults under this Lease will be cured;and(3)that all provisions of this Lease will be satisfactorily performcd in the future. 12. RFSInRA'IION OP IL►SE PRFI�SSS . . ... .. .. ._ .._ .. .. .._... . .._ _. - Form 51.15(Rev.11/91) ' Yage 4 . . • , (a) Upon expiratioa or sooner terminat�f this Lea.u, Lessor Time is� essence of this I.ease and each and atl of its upon written notice may takc title to any or all imprwements, teans,cavenants or conditions in which perfonnancc is a factor. including Cills,or Irasor may iequire L,essee to remove all or any • • sueh imprwemrnu at its sole expense and risk;or Lessor may itself (�) � • ismove or have removed all or any portion of such improvements at �All notices required to be given under thia Lease shall be given I.essee's sole eupense. I.essee shall deliver to Lessor such 'in ariting,sent by U.S.Mail w�ith poatage prepaid,to I.cssor at documentation ac may be necescary to mmey title to such the o�ces of the State Lands Commission and the I.essee ac thc improvements to I.essor free and clear of any liens,mortgages,loans address specified in this I.ease. l.essee shall give l.escor noticc or any other encumbrances. of any change in its name or add�ssc. - (b) In removing any such improvements I.essee shall restore thc (d) �n� Lea.0 Premiscs as nearly as possible to the mnditions c�dsting prior Wherc I.essor's mnsent is tequired under this I.ease iu mnunt to their installation or mnstruction. for one transaaion or event shall not be deemed to be a rnnsent to any subsequent oavresnce of the same or any other (c) All plans for and subsequent removal and restoration shall be transaction or event. . to the satisfaction ot I,essor and shall be completed within ninety(90) � days aft�r the expiration or sooner termination of this Lease or after (�) �8� mmpliance with pardgraph 12(d),whichever is the lesser. This I.ease may be terminated and its term, covenants and conditions amended, ttvised or supplemented only by mutual (d) In removing any or all the improvements I.esue shall be written agreemont of the partiu. required to obtain any permits or other gcmrnmental approvals as may thrn be�quired by lawful authoriry. (� �� The terms,covenanu and conditions of this l.ease shall extend (e) Lessor may at any time during the lease term require Lessce to to and be binding upon and inure to the benefit of thc hcirs, conduct at its own expense and by a mntractor approved by Lessor successo:s,and assigns of the:esp�ctive partics. an independent environmental site ascessment or inspeccion for the presence or suspeaed presence of hazardous wastu,substancu or (g) �������� materials as deFined under federal,state or local law, rcgulation or If more than one L.essce is a party to this Lease,ihe obligacions ordinance manufactutsd,generated,nsed,placed,disposed,stored oi of the Lesceu shall be joint and sev�rat. transported on the Lease Premises during the term of the I,case. I.esue shall provide the results of the asussment or inspection to (h) C�ptiooe Lcssor and the appropriate gvvemmental tssponse agency(iu) and The raptions of this I.eau a:e not mntrolling and shall have no . shall further be issponsible for removing or taking other appropriate effect upon its construction or interpfetation. remedial action regarding such wastu, substances or materials in accordance with applicable federal,state or locat law regulation or (i) ����y ordinance. lf any term,covenant or mndition of this I.ea.0 is determined by a murt of competent jurisdiction to be invalid, it shall be 13. QLJrIY3AIM considered deleted and shatl not invalidate any of the remaining l,esue ahall, within ninery (90) days o( the expiration or sooner terms,cavenants and mnditions. termination ot this I.ease,execute and deliver to Lessar in a form providcd by L.essor a good and su�cient telease of all rights under / this [.eau. Should Le.sue fail or refuse to deliver such a release,a / writtcn notice by Lessor reriting such failure or refusal shall,from thc / date of its remrdation,be mnelusive evidence against Lesue of the . / termination of this Lease and all other claimants. � � 14. HOI.AING-OVBR � Any holding-over by I.essee after the expiration of the l.eau tcrm, with or without the express or implied consent of I.essor, shall / constitutc a tenancy from month to month and not an ex[ension of / the Lease term and shall be on the terms,cwenants,and conditions / of this Lease,except that the annual rental then in effect shall be / incrcased by tavenry five percent(25%). � � IS. ADDCI70NAI.PROViSIONS � (a) Waiv�r / (1) No term, covenant, or condition of this I,ease and no / dcfault or breach of any such tcrm,covenant or condition / shall bc deemed to have been waived, by Lessor's / acceptance o[a late or nomm�forming performance or / otherwiu,unlesc such a vraiver is exprescly acknowledged / by L.eswr in writing. (2) Any such waive:shall not be deemed to be a waiver of any other term,ar-=::ant or condition of any othcr default or brcach ot any term,covenant or condition of this L.ease. � (b) Timc , - Form 51,15(Rcv.ll/91) , . ; Page 5 � - � s • STATE OF CALIFORNIA - STATE LANDS COMNfISSION 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 L.essor 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 af£ixed. LESSEE STATE OF CALIFORNIA STATE LANDS COMMISSION . By: Title: Date: ACKNOWLEDGEMENT This Lease was authorized by the California State Lands Commission on (Month Day Year) � _ . ...,,... Form 51.15(Rev.11%91) , . � ' • • CALIFORNIA ALL-PURPOSE AC@(iNOWLEDGMENT No.sso� State of County of On before me, , DATE NAME,TITLE OF OFFICER-E.G.,"JANE DOE,NOTARY PUBLIC" personally appeared , NAME(S)OF SIGNER(S) ❑ personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and ac- knowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. SIGNATURE OF NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could preveni fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY-IN-FACT NUMBER OF PAGES ❑ TRUSTEE(S) :� ❑ GUARDIAN/CONSERVATOR � ❑ OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S)OR ENTITY(IES) SIGNER(S)OTHER THAN NAMED ABOVE ......: ,....� .... . OO 1993 NATIONAL NOTARY ASSOCIATION•8236 Remmet Ave:;R:O..Boz 7184•.Canoga Park;CA.91309-7184 ,,, .