HomeMy WebLinkAboutCalifornia, State Of; 1982-12-01; Lands‘( 4 - . .* r’
STAiE OF CALIFORNIA STATE LANDS COMMISSION
FOR RECORDERS USE ONLY
RECORDED AT THE REQUEST OF
State of California/State Lands Commission
Official Business - Document entitled to free
recordation pursuant to Government Code
Section 27383.
WHEN RECORDED MAIL TO
State Lands Commission
1807 - 13th Street
Sacramento, CA 95814
Attention: Title Unit
LEASE NO. Fb?c 68173.4
w 23101
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 COM-
MISSION (1807 - 13th Street, Sacramento, California 95814). pursuant to Division 6 of the Public Resources Code and
Title 2, Division 3 of the California Administrative Code, and for consideration specified in the Lease, does hereby lease,
demise and let to: City of Carlsbad
hereinafter referred to as Lessee:
WHOSE MAILING ADDRESS IS: 1200 Elm Avenue
Carlsbad, California 92008
those ‘certain lands described in Section 3 subject to the reservations, terms, convenants and conditions of this Lease.
LEASE TYPE: General Permit - Public Agency Use
Pacific Ocean at Carlsbad,
LAND~PE: Sovereign LOCATION: San Dierro County
LAND USE OR PURPOSE: Installation and maintenance of a protective Longard Tube
revetment.
TERM: Forty-nine (49)
ending November 30, 2031
CONSIDERATION: $
years; beginning December 1, 1982
, unless sooner terminated as provided under this Lease.
Public benefit
subject to modification by Lessor as specified in Paragraph 2(b) of Section 4.
Form 61.1611/80)
AUTHORIZED IMPROVEMENTS: One Longard Tube revetment and sand backfill
•I EXISTING:
Et TO BE ‘CONSTRUCTED; CONSTRUCTION MUST BEGIN BY:
AND BE COMPLETED BY: June 1, 1983
LIABILITY INSURANCE: N/A
SURETY BOND OR OTHER SECURITY: N/A'
SECTION 2
SPECIAL PROVISIONS
BEFORE THE EXECiJTlON OF THIS LEASE, ITS PROVISIONS ARE AMENDEli REVISED OR SUPPLEMENTED AS FOLLOWS:
1. This lease shall be effective only insofar as- Lessee has. permission from
all upland owners adjacent to the Lease Premises to-maintain the improve-
ments authorized herein.
2. It is an express condition of this Lease that should Lessee's permit from'the California Coastal Commission be terminated and not extended then this lease shall terminate also. Lessee shall notify Lessor in the event of such termination by the California Coastal Commission.
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SECiION 3
LAND DESCRIPTION W 23101
A strip of tide and submerged land in the City of Carlsbad, County of San Diego,
State of California beneath the proposed Longard Tubular Revetment and backfill
as shown on the City of Carisbad Engineering Department Drawing No. 222-2,
Project No. CC-1126.
END OF DESCRIPTION
PREPARED SEPTEMER 22, 1982 BY BOUNDARY AND TITLE UNIT, LEROY WEED, SUPERVISOR
SECTION 4
GENERAL PROVISIONS
1. GENERAL
These provisions are applicable to all leases, permits, rights-of- way, easements, or licenses or other interests in real property con-
veyed by the State Lands Commission.
2. CONSIDERATION
(a) Categories:
(1) Rental:
Lessee shall pay the annual rentalasstated in Section 1
or 2 to Lessor without deduction, delay or offset, on or before
the beginning date of this Lease and on or before each anni-
versary of its beginning date during each year of the Lease
term.
(2) Royalty or other considemtion:
Lessee shall pay a royalty or other consideration in the
amount, method and manner as specified in Section 1 or 2.
(3) Non-Monetary Consideration:
If a monetary rental, royalty, or other consideration is
not specified in Section 1 or 2, consideration toLessor for this
Lease shall be the public use, benefit, health or safety, as
appropriate, however Lessor shall have the right to review
such consideration at any time and to set a monetary rental if
the State Lands Commission, at its sole discretion, deter-
mines that such action is in the best interest of the State.
Lessee shall notify Lessor within ten (10) days in the event that the public is charged any direct or indirect fee for use and
enjoyment of the Lease Premises.
(b). Modification:
Lessor may modify the amount or rate of consideration effec-
tive on each fifth anniversary of the beginning date of this Lease.
Should Lessor fail to exercise such right effective on any fifth
anniversary it maydosoeffectiveon anyone(l thenextfour(4)
anniversaries following such fifth anniversary, without prejudice
to its right to effect such modification on the nextor anysucceed-
ing fifth anniversary. Any modification of the amount or rate of
consideration made pursuant to this paragraph shall conform
to Title 2, Division 3 of the California Administrative Code and no
such modification shall become effective unless Lessee is given
written notice at least sixty (60) days prior to the effective date.
(c) Penalty and Interest:
Any installments of rental, royalty, or other consideration
accruing under this Lease not paid when due shall be subjecttoa
penalty and shall bear interest as specified in Public Resources
Code Section 6224 and Section 2.
3. BOUNDARIES
This Lease is not intendedto establish the State’sboundariesand
is made without prejudice to either party regarding any boundary
claims which may be asserted presently or in the future.
4. LAND USE
(a) Genaral:
Lessee shall use the Lease Premises only for the purpose or
purposes stated in Section 1 or 2 and only for the operation and
maintenance of the improvements authorired in Section 1 or 2.
Lessee shall commence use of the Lease Premises within ninety
(90) days of the beginning date of this lease. Thereafter Lessee’s discontinuance of such use for a period of ninety (90) days shall
be conclusively presumed to be an abandonment.
fb) Repairs and Maintenance:
Lessee shall, at its own expense, keep and maintain the Lease Premises and all improvements in good order and repair
and safe condition.
(c) Additions, Attemtions and Removal:
(1) Additions - No improvements other than those ex-
y
pressly authorired in Section 1 or 2 of this Lease shall be con-
structed by the Lessee on the Lease Premises without the
prior written consent of Lessor. Lessee shall notify Lessor
within ten (10) days after commencing the construction of
authorized improvements and within sixty (60) days after
completing them.
(2) Alteration or Removal - Except as provided under this
Lease, no alteration or removal of existing improvements on
or natural features of the Lease Premises shall be undertaken
without the prior written consent of Lessor.
(d) Conservation:
Lessee shall practice conservation of water and other natural
resources and shall prevent pollution and harm to the environ-
ment in or on the Lease Premises.
(e) Enjoyment:
Nothing in this Lease shall preclude Lessee from excluding
persons from the Lease Premises when their presence or activity
constitute a material interference with Lessee’s use and enjoy-
ment of the Lease Premises as provided under this Lease.
(1) Discrimination:
Lessee in its use of the Lease Premises shall notdiscriminate
against any person or class of persons on the basis of race, color,
creed, national origin, sex, age, or physical handicap.
(g) Residential Use:
Unless otherwise allowed under this Lease, improvements
on the Lease Premises shall not be used as a residence or for the
purpose of mooring a floating residence.
5. RESERVATIONS, ENCUMBRANCES AND RIGHTS-OF-WAY (a) Reservations:
(1) Lessor expressly reserves all natural resources in or on
the Lease Premises, including but not limited to oil, coal,
natural gas and other hydrocarbons, minerals, aggregates,
timber and geothermal resources, aswell as the right togrant
leases in and over the Lease Premises for the extraction of
such natural resources, however such leasing shall be
neither inconsistent nor incompatible with the rights or
privileges of Lessee under this Lease.
(2) Lessor expressly reserves a right to go on the Lease
Premises and all improvements for any purpose associated
with this Lease or for carrying out any function required by
law, or the rules, regulations or management policies of the
State Lands Commission, Lessor shall have a right of reason-
able access to the Lease Premises across Lessee owned or
occupied lands adjacent to the Lease Premises for any pur-
pose associated with this Lease.
(3) Lessor expressly reserves to the public an easement
for convenient access across the Lease Premises to other
State-owned lands located near or adjacent to the Lease
Premises and a right of reasonable passage across and along
any right-of-way granted by this Lease, however, such ease-
ment or right-of-way shall be neither inconsistent nor in-
compatible with the rights or privileges of Lessee under this
Lease.
(4) Lessor expressly reserves the right to lease, convey, or encumber the Lease Premises, in whole or in part, during the lease term for any purpose not inconsistent nor incompatible
with the rights or privileges of Lessee under this Lease.
(b) Encumbrances:
This Lease may be subject to pre-existing contracts, leeses,
licenses, easements, encumbrances and claims and it is made
without warranty by Lessor of title, condition or fitness of the land
for the stated or intended use.
Form 51.15 (l/80)
(c) Rights-of-Way:
If this Lease is for a right-of-way covering one or more pipe-
lines or conduits, the Lease Premises include only land actually underlying the pipelines or conduits, and Lessor hereby grants to
Lessee a non-exclusive right to go onto the lands adjacent to the Lease Premises as is reasonable and necessary for installation,
inspection and maintenance of the pipelines or conduits.
6. RULES, REGULATIONS AND TAXES
(a) Lessor and Lessee shall comply with and be bound by all presently existing or subsequently enacted rules, regulations.
statutes or ordinances of the State Lands Commission or any
other governmental agency or entity having lawful authority and
jurisdiction.
(b) Lessee recognizes and understands in accepting this Lease
that it may be liable for a possessory interest tax imposed by a city
or county on its leasehold interest and that its payment of such
a tax shall not reduce the amount of consideration due Lessor
under this Lease and that Lessor shall have no liability for the
payment of such a tax.
INDEMNITV _’
(a) Lessor shall not be liable and Lessee shall indemnify, hold
harmless and, at the option of Lessor, defeird Lessor;itsofficers,
agents, and employees against and for any and all liability, claims,
damages or injuries of any kind and from any cl~s$ occitrringon
the Lease Premises or improvements, or-arisingTout oCor con-
nected in any way with the issuance of this Lease.
(b) Lessee shall give prompt notice to Lessor in I$ of any
accident, injury or casualty on the Lease Premise’s,
LIABILITY INSURANCE
(a) If so specified in Section 1 or 2, Lessee shall obtain at its
own expense and keep in full force and effect during the Lease
term with an insurance company acceptable to Lessor compre- hensive liability insurance, for specified categories and amounts,
insuring Lessee and Lessor against any and all claims or liability
arising out of the ownership, use, occupancy, condition or main-
tenance of the Lease Premises and all improvements.
(b) The insurance policy or policies shall name the State as an
additional insured or co-insured party as to the Lease Premises
and shall identify the Lease by its assigned number. Lessee shall
provide Lessor with a certificate of such insurance and shall
keep such certificate current.
(c) The liability 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 im-
proved by Lessor or restored pursuant to Paragraph 13.
SURETY BOND
(a) If so specified in Section 1, Lessee shall providea 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 increase the amount of the surety bond or other
security device to cover any additionally authorized improve-
ments, 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 sub-
sequently until all of, the Lease Premises have been either
accepted as improved by Lessor or restored pursuant to Para-
graph 13.
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 .noi sublet the Lease Premises, in wholeor in part,
or allow any parson other than the Lessee’s employees, agents,
servants ‘and invitees to occupy or use all or any portion of the
Lease Premises witliotit the prior written consent of Lessor. Q
(b) This Lease shall be appurtenant to littoral or riparian land
and any ownership interest or use rights of Lessee m such lands
and it shall not be severed from such rights or interests without
the prior written consent of Lessor.
11. DEFAULT AND REMEDIES
(a) Default:
The occurrence of any one or more of the following events
shsll constitute a default or breach of this Lease by Lessee:
(1) Lessee’s failure to make any payment of rental, royalty,
or other consideration as required under this Lease.
(2) Lessee’s failure to obtain or maintain liability insurance
or a surety bond or other security device as required under
this Lease.
(3) Lessee’s vacation or abandonment of the Lease
Premises during the Lease term.
(4) Lessee’s failure to observe or perform any other term,
covenant or condition of this Lease to be observed or per- formed by the Lessee when such failure shall continue for a
period of sixty (60) days after Lessor’s giving written notice;
however, if the nature of Lessee’s default or breach is such
that more than sixty (60) days are reasonably required for its
cure, then Lessee shall not be deemed to be in default or
breach if Lessee commences such cure within such sixty(60)
day period and diligently proceeds with such cure to
completion.
(b) Remedies:
In the event of a default or breach by Lessee and Lessee’s
failure to cure such default or breach, Lessor may at any timeand with or without notice do any one or more of the following:
(1) Ae-enter the Lease Premises, remove all persons and
property, and respossess and enjoy such premises.
(2) Terminate this Lease and Lessee’s right of possession
of the Lease Premises. Such termination shall be effective
upon Lessor’s giving written notice and upon receipt of such
notice Lessee shall immediately surrender possession of the
Lease Premises to Lessor.
(3) Maintain this Lease in full force and effect and recover
any rental, royalty, or other consideration as they becomedue
without terminating Lessee’s right of possession regardless
of whether Lessee shall have abandoned the Lease
Premises.
(4) Exercise any other right or remedy which Lessor may
have at law or in equity.
12. LESSEE’S TERMINATION
Lessee may terminate this Lease for any reason upon giving
Lessor at least sixty (60) days prior written notice. Lessee agrees that
on the effective date of termination it shall responsibly leave and
surrender the Lease Premises to Lessor in a state of good order, condition, repair, and restoration as provided under Paragraphs 4(b)
and 13. The exercise of such right of termination shall not release
Lessee from liability for any unpaid but accrued rental, royaltyorother
consideration which may be due under this Lease or from any other
obligations still applicable under the Lease. No portion of any rental
paid by Lessee in advance shall be refunded.
.
13. RESTORATION OF LEASE PREMISES
(a) Upon expiration or sooner termination of this Lease, Lessor may accept all or any portion of the Lease Premises, as then im- proved with structures, buildings, pipelines, machinery, facilities and fills in place; or Lessor may require Lessee to remove all
or any portion of such improvements at its sole expense and risk; or Lessor may itself remove or have removed all or any portion of such imptovetnents at Lessee’s sole expense.
(b) In removing any such improvements Lessee shall restore the
Lease Premises as nearly as possible to the conditions existing
prior to their installation or construction.
(c) All such removal and restoration shall be to the satisfaction
of Lessor and shall be completed within ninety (90) days of the
expiration or sooner termination of this Lease.
14. 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 and all other
claimants of the termination of this Lease and any rightsor interests
of Lessee in the Lease Premises.
15. HOLDING-OVER
Any holding-over by Lessee after the expirationof the Leaseterm,
with or without the express or implied consent of Lessor, shall con-
stitute a tenancy from month-to-month and not an extension of the
Lease term and shall be on the terms, convenants and conditions of
this Lease with rental, royalty or other consideration payable m
advance on the first day of each month, at the rate of one-twelfth
(l/l 2th) of the annual amount.
16. ADDITIONAL PROVISIONS I (a) Waiver:
(1) No term, covenant or condition of thus Lease and no
default or breach of any such term, covenant or condition I shall be deemed to have been watved, 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 or 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 United States mail with postageprepaid,
to Lessor at the offices of the State Lands Commission and to
Lessee at the address specified in Section 1. 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 by mutual agree-
ment of the parties.
(f) Successors: The terms, covenants and conditions, of this Lease shall
extend to and be bmding upon and inure to the benefit of the heirs, successors, and assigns of the respective parties and if more than
one Lessee is a party to this Lease, the obligations of the Lessees shall be joint and several.
(g) Captions:
The captions of this Lease are not controlling and shall have
no effect upon its construction or interpretation.
(h) Severability: If any term, covenant or condition of this Lease is judicially
determined to be invalid, it shall be consldered deleted and shall
not invalidate any of the remaining terms, covenants and
conditions.
STATE OF CALIFORNIA - STATE LANDS COMMISSION
LEASE P.R.C. No. &S63-9
This lease will become binding upon the State only when duly executed on behalf of thestate Lands Commission of
the State of California;
IN WITNESS WHEREOF, the parties hereto have executed this lease as of the date hereafter affixed.
LESSEE City of Carlsbad STATE OF CALIFORNIA
Title- bonservauon
bayor Date JA'N 12 1983
ACKNOWLEDGEMENT
The issuance of this lease was authorized by the Srate
Lands Commision on “-__- (Month Day Year)
STATE OF CALIFORRIA
COLJNm OFSfw D/FGO ; ss. ’ .
One this _/.+T*” day of j) ECG~ 6 F_ R , in the year 19x2, before me,
I l ibw-wWA NZ , a Notary Public in and for said , county
and state, personnally appeared w\flrQy 3. tLfls~E@ , known to me to be the
of the c\TY SF CArQCSRAO that executed
the within instrument, and also known to me to be the person who executed the within
instrument on behalf of the CITY 0 i= C,&flLS& A 0 therein names, and acknow-
ledged to me that the fiuoR executed the same.
IN WITNESS WHEREOF, 1 have hereunto set my hand and affixed my official
. real in the County of 5 eti Da(b 0 the day and year in this
certificate first above wrirten.
Pnnupal Office In
San D&u County 1
h+,~omrwu~~ErprssOc~ ?3 19ll5
Notary Public, State of Coli rttia
My Commission Expires OC;~, 33 ]78s-, I (Public Corp. Agency Acknowledgement)
, STATE OF CALIFORNIA-STATE LANDS COMMISSION EDMUND G. BROWN JR., Govm,o,
STATE LANDS COMMISSION
1807 13TH STREET
SACRAMENTO, CALIFORNIA 95814
January 4, 1983
File Ref.: PRC 6263.9
City of Carlsbad
1200 Elm Ave.
Carlsbad, CA 92008
Attn: Mr. Bob Wojcik
Gentlemen:
Enclosed is a fully executed copy of Lease PRC 6263.9 to the City of
Carlsbad for the use of State land underlying the proposed Longard Tube.
From our recent phone conversation and the City's agreement with
upland owners that was provided to us, it appears that the Longard Tube
will only be installed on the beach between and including Assessor's
Parcel Nos. 203-235-02 and 203-251-03. You have also indicated that this
may extend to addtional parcels south of that if the adjacent upland
owners agree to it.
This letter will serve as a Letter of Understanding that Lease PRC
6263.9 shall only cover State land underlying the Longard Tube as completed June 1, 1983 (construction completion date). You are asked to notify us
on or about June 1, 1983 as to the actual placement of the Tube.
Please indicate the City's agreement and acceptance of the above by
having the attached duplicate letter signed on behalf of the City of
Carlsbad and returned to this office.
Feel free to call me if you have questions.
Very truly yours,
BETTY K. LOUIE
Land Agent
(916) 322-7823
BKL:bk
CERTIFIED RETURN RECEIPT REQUESTED NO, 8763342
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