HomeMy WebLinkAboutCDP 98-69; Saxony Pump Station Rehab; Coastal Development Permit (CDP) (15)DUDEK
& ASSOCIATES, INC.
Professional Teams for Complex Projects
ineering, Planning,
Environmental Sciences and
Management Services
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Corporate Office:
605 Third Street
Encinitas, California 92024
760.942.5147
Fax 760.632.0164
1493-60
.'!: 1899
January 18, 1999
Mr. Van Lynch
Assistant Planner
City of Carlsbad
2075 Las Palmas Dr.
Carlsbad, CA 92009-1576
Re: CDP 98-69 - Saxony Pump Station Rehabilitation
Dear Mr. Lynch:
In response to your letter regarding the State Lands Commission involvement, dated
1/7/99, please find enclosed a copy of the Lease agreement between the State Lands
Commission and Leucadia County Water District for the subject property.
On page 2 of the Lease document there are two sentences which indicate the State Lands
Commission's understanding of the project. These sentences immediately follow the
bold headings: "LAND USE OR PURPOSE" and "AUTHORIZED IMPROVEMENTS".
Please call Jim Harry or Steve Jepsen with any questions or comments.
Very truly yours,
Dudek & Associates, Inc.
Sreve Jepsen
Project Engineer
Attachments
cc: Denis Pollak, Leucadia County Water District
Steve Deering, Dudek & Associates
Jim Harry, Dudek & Associates
STATE OF CALIFORNIA
STAT€ LANDS COMMISSION
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FOR RECORDERS USE ONLY
RECORDED AT THE REQUEST OF
State of California
State Lands Commission
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 95825-8202
Attention: Title Unit
LEASE NO.
W 25497
This Lease consists of this summary and the following attached and
incorporated parts:
Section 1
Section 2
Section 3
Section 4
Basic Provisions
Special Provisions Amending or Supplementing
Section 1 or 4
Description of Lease Premises
General Provisions
SECTION 1
BASIC PROVISIONS
THE STATE OF CALIFORNIA, hereinafter referred to as Lessor acting by and
through the 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:
LEUCADIA COUNTY WATER DISTRICT
hereinafter referred to as Lessee:
WHOSE MAILING ADDRESS IS:1960 La Costa Avenue
Carlsbad, California 92009
those certain lands described in Section 3 subject to the reservations,
o od conditions of this Lease.terms, covenants and conditions of this Lease.
LEASE TYPE: General Lease - Public Agency Use
LAND TYPE: Sovereign Public Trust Lands
LOCATION: Adjacent to Batiquitos Lagoon in Carlsbad, San Diego County
LAND USE OR PURPOSE: A paved area for a truck turnaround and certain
above ground and underground pump station facilities.
TERM: 25 years; beginning December 1, 1998 and ending November 30,
2023, unless sooner terminated as provided under this Lease.
CONSIDERATION: Public Use and Benefit;with the State reserving the
right 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 Section 4 - General
Provisions.
AUTHORIZED IMPROVEMENTS: Truck Turnaround Area for Maintenance Vehicle
Access; Above ground motor control center; Underground valve vault;
Portion of Emergency Bypass Connection.
X EXISTING: Sewer Manhole Cover
X TO BE CONSTRUCTED; CONSTRUCTION MUST BEGIN BY: 1/1/99
AND BE COMPLETED BY: 1/1/2000
LIABILITY INSURANCE: $1,000,000 Combined Single Limit Coverage
SURETY BOND OR OTHER SECURITY: N/A
SECTION 2
Lessor and Lessee acknowledge that the sovereign lands which are the
subject of this lease are also presently under lease to the California
Department of Fish and Game (PRC 7242.9) as part of the Batiquitos
Lagoon Ecological Reserve. Lessee acknowledges that this lease is
entered into subject to Lease PRC 7242.9 as authorized by Section 4,
Paragraph 5(a)(4), thereof.
SECTION 3
LEGAL DESCRIPTION
THAT PORTION OF LOT 14 OF SECTION 34, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN
BERNARDINO BASE AND MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,
ACCORDING TO UNITED STATES GOVERNMENT SURVEY THEREOF APPROVED MAY 3, 1883; BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT 14, SAID CORNER IS AS SHOWN ON RECORD
OF SURVEY MAP NO. 9880, SAID POINT ALSO SHOWN ON RECORD OF SURVEY MAP NO. 10774 AND
LABELED NO. 43 THEREON; THENCE ALONG THE SOUTHERLY LINE OF PARCEL NO. 4 OF DEED
RECORDED SEPTEMBER 2, 1981, AS F/P. 81-280855, O.R., NORTH 86°59'03" WEST 422.39 FEET TO
THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID SOUTHERLY LINE NORTH
86°59'03" WEST 139.91 FEET; THENCE LEAVING SAID SOUTHERLY LINE NORTH 1°10'54" EAST 18.62
FEET; THENCE NORTH 48°56'17" EAST 90.50 FEET; THENCE SOUTH 88°49'06" EAST 20.00 FEET TO
AN ANGLE POINT IN THE BOUNDARY PARCEL A OF EASEMENT RECORDED JUNE 24, 1987 AS F/P.
87-352748, O.R.; THENCE FOLLOWING SAID BOUNDARY (SOUTH 8015'57" EAST- EASEMENT REC.)
SOUTH 8°16'07"EAST 40.00 FEET; THENCE CONTINUING ALONG SAID BOUNDARY AND ITS
PROJECTION THEREOF (SOUTH 75°18'18" E - EASEMENT REC.) SOUTH 75°18'28" EAST 47.59 FEET;
THENCE SOUTH 1°10'54" WEST 33.37 FEET TO THE TRUE POINT OF BEGINNING.
EXCEPTING FROM SAID LAND THAT PORTION DEEDED TO LEUCADIA COUNTY WATER DISTRICT,
A POLITICAL SUBDIVISION, RECORDED AUGUST 11, 1961 UNDER RECORDER'S FILE NO. 138158,
O.R.
CONTAINING 7,175 SQ.FT., MORE OR LESS.
ARVEY, JR.
EXPIRES 12/31/1999
SECTION 4
GENERAL PROVISIONS
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1. GENERAL
These provisions are applicable to all leases, permits, rights-
of-way, easements, or licenses or other interests in real
property conveyed by the State Lands Commission.
2. CONSIDERATION
(a) Categories
(1) Rental
Lessee shall pay the annual rental as stated in this
Lease to Lessor without deduction, delay or offset, on or
before the beginning date of this Lease and on or before
each anniversary of its beginning date during each year
of the Lease term.
(2) Non-Monetary Consideration
If the consideration to Lessor for this Lease is the
public use, benefit, health or safety, Lessor shall have
the right to review such consideration at any time and set
a monetary rental if the State Lands Commission, at its
sole discretion, determines that such action is in the best
interest of the State.
(b) Modification
Lessor may modify the method, amount or rate of
consideration effective on each fifth anniversary of the
beginning date of this Lease. Should Lessor fail to exercise
such right effective on any fifth anniversary it may do so
effective on any one (1) of the next four (4) anniversaries
following such fifth anniversary, without prejudice to its right
to effect such modification on the next or any succeeding fifth
anniversary. No such modification shall become effective
unless Lessee is given at least thirty (30) days notice prior to
the effective date.
(c) Penalty and Interest
Any installments of rental accruing under this Lease not
paid when due shall be subject to a penalty and shall bear
interest as specified in Public Resources Code Section 6224
and the Lessor's then existing administrative regulations
governing penalty and interest.
3. BOUNDARIES
This Lease is not intended to establish the State's boundaries
and is made without prejudice to either party regarding any
boundary claims which may be asserted presently or in the
future.
4. LAND USE
(a) General
Lessee shall use the Lease Premises only for the purpose
or purposes stated in this Lease and only for the operation and
maintenance of the improvements expressly authorized in this
Lease. Lessee shall commence use of the Lease Premises
within ninety (90) days of the beginning date of this Lease or
within ninety (90) days of the date set for construction to
commence as set forth in this Lease, whichever is later.
Lessee shall notify Lessor within ten (10) days after
commencing the construction of authorized improvements and
within sixty (60) days after completing them. Lessee's
discontinuance of such use for a period of ninety (90) days
shall be conclusively presumed to be an abandonment.
(b) Continuous Use
Lessee's use of the Lease Premises shall be continuous
from commencement of the Lease until its expiration.
(c) Repairs and Maintenance
Lessee shall, at its own expense, keep and maintain the
Lease Premises and all improvements in good order and repair
and in safe condition. Lessor shall have no obligation for
such repair and maintenance.
(d) Additions, Alterations and Removal
(1) Additions - No improvements other than those
expressly authorized in this Lease shall be constructed by
the Lessee on the Lease Premises without the prior
written consent of Lessor.
(2) Alteration or Removal - Except as provided under
this Lease, no alteration or removal of improvements on
or natural features of the Lease Premises shall be
undertaken without the prior written consent of Lessor.
(e) Conservation
Lessee shall practice conservation of water, energy, and
other natural resources and shall prevent pollution and harm
to the environment. Lessee shall not violate any law or
regulation whose purpose is to conserve resources or to
protect the environment. Violation of this section shall
constitute grounds for termination of the Lease. Lessor, by its
executive officer, shall notify Lessee, when in his or her
opinion, Lessee has violated the provisions of this section and
Lessee shall respond and discontinue the conduct or remedy
the condition within 30 days.
(f) Toxics
Lessee shall not manufacture or generate hazardous
wastes on the Lease Premises unless specifically authorized
under other terms of this Lease. Lessee shall be fully
responsible for any hazardous wastes, substances or materials
as defined under federal, state or local law, regulation, or
ordinance that are manufactured, generated, used, placed,
disposed, stored, or transported on the Lease Premises during
the Lease term and shall comply with and be bound by all
applicable provisions of such federal, state or local law,
regulation or ordinance dealing with such wastes, substances
or materials. Lessee shall notify Lessor and the appropriate
governmental emergency response agency(ies) immediately in
the event of any release or threatened release of any such
wastes, substances or materials.
(g) Enjoyment
Subject to the provisions of paragraph 5 (a) (2) below,
nothing in this Lease shall preclude Lessee from excluding
persons from the Lease Premises when their presence or
activity constitutes a material interference with Lessee's use
Page3
policy. The coverage provided by the insured (Lessee) shall
be primary and non-contributing.
(c) The insurance coverage specified in this Lease shall be
in effect at all times during the Lease term and subsequently
until all of the Lease Premises have been either accepted as
improved, by Lessor, or restored by Lessee as provided
elsewhere in this Lease.
9. SURETY BOND
(a) Lessee shall provide a surety bond or other security
device acceptable to Lessor, for the specified amount, and
naming the State of California as the assured, to guarantee to
Lessor the faithful observance and performance by Lessee of
all of the terms, covenants and conditions of this Lease.
(b) Lessor may require an increase in the amount of the
surety bond or other security device to cover any additionally
authorized improvements, alterations or purposes and any
modification of consideration.
(c) The surety bond or other security device shall be
maintained in full force and effect at all times during the
Lease term and subsequently until all of the Lease Premises
have been either accepted as improved, by Lessor, or restored
by Lessee as provided elsewhere in this Lease.
10. ASSIGNMENT, ENCUMBRANCING OR SUBLETTING
(a) Lessee shall not either voluntarily or by operation of law,
assign, transfer, mortgage, pledge, hypothecate or encumber
this Lease and shall not sublet the Lease Premises, in whole
or in part, or allow any person other than the Lessee's
employees, agents, servants and invitees to occupy or use all
or any portion of the Lease Premises without the prior written
consent of Lessor, which consent shall not be unreasonably
withheld.
(b) The following shall be deemed to be an assignment or
transfer within the meaning of this Lease:
(1) If Lessee is a corporation, any dissolution, merger,
consolidation or other reorganization of Lessee or sale or
other transfer of a percentage of capital stock of Lessee
which results in a change of controlling persons, or the
sale or other transfer of substantially all the assets of
Lessee;
(2) If Lessee is a partnership, a transfer of any interest
of a general partner, a withdrawal of any general partner
from the partnership, or the dissolution of the
partnership.
(c) If this Lease is for sovereign lands, it shall be
appurtenant to adjoining littoral or riparian land and Lessee
shall not transfer or assign its ownership interest or use rights
in such adjoining lands separately from the leasehold rights
granted herein without the prior written consent of Lessor.
(d) If Lessee desires to assign, sublet, encumber or otherwise
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transfer all or any portion of the Lease Premises, Lessee shall
do all of the following:
(1) Give prior written notice to Lessor;
(2) Provide the name and complete business
organization and operational structure of the proposed
assignee, sublessee, secured third party or other
transferee; and the nature of the use of and interest in the
Lease Premises proposed by the assignee, sublessee,
secured third parry or other transferee. If the proposed
assignee, sublessee or secured third party is a general or
limited partnership, or a joint venture, provide a copy of
the partnership agreement or joint venture agreement, as
applicable;
(3) Provide the terms and conditions of the proposed
assignment, sublease, or encumbrancing or other
transfer;
(4) Provide audited financial statements for the two
most recently completed fiscal years of the proposed
assignee, sublessee, secured party or other transferee;
and provide pro forma financial statements showing the
projected income, expense and financial condition
resulting from use of the Lease Premises; and
(5) Provide such additional or supplemental information
as Lessor may reasonably request concerning the
proposed assignee, sublessee, secured party or other
transferee.
Lessor will evaluate proposed assignees, sublessees,
secured third parties and other transferees and grant
approval or disapproval according to standards of
commercial reasonableness considering the following
factors within the context of the proposed use: the
proposed party's financial strength and reliability, their
business experience and expertise, their personal and
business reputation, their managerial and operational
skills, their proposed use and projected rental, as well as
other relevant factors.
(e) Lessor shall have a reasonable period of time from the
receipt of all documents and other information required under
this provision to grant or deny its approval of the proposed
party.
(f) Lessee's mortgage or hypothecation of this Lease, if
approved by Lessor, shall be subject to terms and conditions
found in a separately drafted standard form (Agreement and
Consent to Encumbrancing of Lease) available from Lessor
upon request.
(g) Upon the express written assumption of all obligations
and duties under this Lease by an assignee approved by
Lessor, the Lessee may be released from all liability under
this Lease arising after the effective date of assignment and
not associated with Lessee's use, possession or occupation of
Form 51.15 (Rev. 4/96)
Page 5
shall be to the satisfaction of Lessor and shall be completed
within ninety (90) days after the expiration or sooner
termination of this Lease or after compliance with paragraph
12(d), whichever is the lesser.
(d) In removing any or all the improvements Lessee shall be
required to obtain any permits or other governmental
approvals as may then be required by lawful authority.
(e) Lessor may at any time during the Lease term require
Lessee to conduct at its own expense and by a contractor
approved by Lessor an independent environmental site
assessment or inspection for the presence or suspected
presence of hazardous wastes, substances or materials as
defined under federal, state or local law, regulation or
ordinance manufactured, generated, used, placed, disposed,
stored or transported on the Lease Premises during the term
of the Lease. Lessee shall provide the results of the
assessment or inspection to Lessor and the appropriate
governmental response agency(ies) and shall further be
responsible for removing or taking other appropriate remedial
action regarding such wastes, substances or materials in
accordance with applicable federal, state or local law
regulation or ordinance.
13. QUITCLAIM
Lessee shall, within ninety (90) days of the expiration or
sooner termination of this Lease, execute and deliver to
Lessor in a form provided by Lessor a good and sufficient
release of all rights under this Lease. Should Lessee fail or
refuse to deliver such a release, a written notice by Lessor
reciting such failure or refusal shall, from the date of its
recordation, be conclusive evidence against Lessee of the
termination of this Lease and all other claimants.
14. HOLDING-OVER
Any holding-over by Lessee after the expiration of the Lease
term, with or without the express or implied consent of
Lessor, shall constitute a tenancy from month to month and
not an extension of the Lease term and shall be on the terms,
covenants, and conditions of this Lease, except that the annual
rental then in effect shall be increased by twenty-five percent
(25%).
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.
(b) Time
Time is of the essence of this Lease and each and all of
its terms, covenants or conditions in which performance
is a factor.
(c) Notice
All notices required to be given under this Lease shall be
given in writing, sent by U.S. Mail with postage prepaid,
to Lessor at the offices of the State Lands Commission
and the Lessee at the address specified in this Lease.
Lessee shall give Lessor notice of any change in its name
or address.
(d) Consent
Where Lessor's consent is required under this Lease its
consent for one transaction or event shall not be deemed
to be a consent to any subsequent occurrence of the same
or any other transaction or event.
(e) Changes
This Lease may be terminated and its term, covenants
and conditions amended, revised or supplemented only
by mutual written agreement of the parties.
(f) Successors
The terms, covenants and conditions of this Lease shall
extend to and be binding upon and inure to the benefit of
the heirs, successors, and assigns of the respective
parties.
(g) Joint and Several Obligation
If more than one Lessee is a party to this Lease, the
obligations of the Lessees shall be joint and several.
(h) Captions
The captions of this Lease are not controlling and shall
have no effect upon its construction or interpretation.
(i) Severability
If any term, covenant or condition of this Lease is
determined by a court of competent jurisdiction to be
invalid, it shall be considered deleted and shall not
invalidate any of the remaining terms, covenants and
conditions.
Form 51.15 (Rev. 4/96)
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
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