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HomeMy WebLinkAboutCalifornia, State Of; 1986-08-01; Lands1200 ELM AVENUE CARLSBAD, CALIFORNIA 92008 Office of the City Clerk 4Citp of 4CarIdmb November 19, 1986 State Lands Commission Attn: Jim Powe 1807 13th St. Sacramento, CA 95814 Re: State Lands Commission Permit for Carlsbad Boulevard Seawall The Carlsbad City Council, at its meeting of October 28, 1986, adopted Resolution No. 8852, accepting a State Lands Commission Permit for Construction of the Carlsbad Boulevard Seawall. Per instructions from Jeff Bunnell, of our Municipal Projects Department, I am sending you the original Lease, which has been executed by the representatives of the City of Carlsbad. As soon as the document has been fully executed, please return a copy to the City Clerk's Office, City of Carlsbad at the address above. Also enclosed for your records is a copy of the Resolution approving the document. TELEPHONE: (714) 438-5535 yiii!?i&ue Deputy City Clerk Encs. c STATE OF CALIFORNIA GEORGE DEUKMEJIAN, Governor STATE LANDS COMMISSION 1807 13TH STREET SACRAMENTO, CALIFORNIA 95814 December 3, 1986 File Ref: PRC 7003.9 City of Carlsbad 1200 Elm Avenue Carlsbad, California 92008 Dear Ms. Kundtz: Enclosed is your fully executed Public Agency Permit, PRC 7003, for the Carlsbad Boulevard Seawal, San Diego County. Your cooperation in this transaction is appreciated. Sincerely, Jw JAMES E. POE Land Agent (916) 445-7098 Enclosure 23391 STATE'OF CALIFORNIA STATE LANDS COHMISSION FOR ..iCORDERS USE ONLY RECORDED AT THE REQUEST OF State of California/State Lands Comission Official Business - Document entitled to free recordation pursuant to Government Code Section 27383. WHEN RECORDED MAIL TO State Lands Carmission 1807 - 13th Street Sacramento, CA 95814 Attention: Title Unit W 23625 LEASE 10, This Lease consists of this sumnary and the following attached and incorporated parts: Section 1 Section 2 Section 3 !it?ctioll4 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 COWlISSION, (1807 - 13th Street, Sacramento, California 958141, 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: 2075 Las Palmas Drive Carlsbad, California 92008 those certain lands described in Section 3 subject to the reservations, terms, covenants and conditions of this Lease. LEASE TYPE: General Permit - Protective Structure Use LAND TYPE: Tide and submerged LOCATION: Pacific Ocean at Carlsbad LAND USE OR PURPOSE: Rock revetment type seawall for bluff stabilization TERM: Twenty (25) years; beginning August 1, 1986 and ending July 31. 2011, unless sooner terminated as provided under this Lease. 3 CONSIDERATION: Public health and safety; subject to modification by Lessor as specified in Paragraph 2(b) of Section 4. AUTHORIZED IMPROVEMENTS: Rock revetment type seawall and related facilities [ 1 EXISTING: N/A [Xl TO BE CONSTRUCTED; CONSTRUCTION MUST BEGIN BY: September 1, 1986 LIABILITY INSURANCE: SURETY BOND OR OTHER AND BE COMPLETED BY: August 30, 1987 N/A SECURITY: N/A SECTION 2 SPECIAL PROVISIONS BEFORE THE EXECUTION OF THIS LEASE, ITS PROVISIONS ARE AMENDED, REVISED OR SUPPLEMENTED AS FOLLOWS: / / / / / / / / : / / / / / ; ; / / / / / / / / / -2- 4 . . Section 3 LAND DESCRIPTION W 23625 All that tide and submerged land lying immediately beneath a seawall and associated bluff protection facilities at Carlsbad State Beach. Carlsbad, San Diego County, California. said seawall and facilities being located westerly of Carlsbad Boulevard and Ocean Street and between Oak Avenue and the entrance of Aqua Hedionda Lagoon. EXCEPTING THEREFROM any portion lying landward of the ordinary high water mark, END OF DESCRIPTION PREPARED JULY 29; 1986 BY‘BOUNDAKY SERVICES UNIT, M. L. SHAFER, - SUPERVISOR. . SECTION 4 GENERAL PROVISIONS 1. GENERAL These provisions are applicable to all leases, permits, rights-or- 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 rental as stated 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 consideration: 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 to Lessor 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 may doso effective on anyone{1 )of the nextfour(4) anniversaries following such fifth anniversary, without prejudice to its right to effect such modification on the next or anysucceed- ing fifth anniversary. Any modification of the amount or rate of co%sideration 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 besubjecttoa penalty and shall bear interest as specified in Public Resources Code Section 6224 and Section 2. 3. BOUNDARIES This Lease is not intended toestablish 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) General: 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 authorized 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. (b) 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, Alterations and Removal: (1) Additions - No improvements other than those ex- pressly authorized 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 Premisesshall 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. (f) Discrimination: Lessee in its use of the Lease Premisesshall not discriminate 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 andgeothermalresourcesaswellastherighttogrant 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 bythis 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 or incompatible with the rights or privileges of Lessee under this Lease. (b) Encumbrances: This Lease may be subject to pre-existing contracts, leases, licenses, easements, e.ncumbrances and claims and it is made without warranty by Lessor of title, condition or fitness of the land for the stated or intended use. !=n*m Cl 1 c /71F?tl~ (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. 7. INDEMNITY (a) Lessor shall not be liable and Lessee shall indemnify, hold harmless and, at the option of Lessor, defend Lessor, itsofficers, agents, and employees against and for any and all liability, claims, damages or injuries of any kind and from any cause, occurring on the Lease Premises or improvements, or arising out of or con- nected in any way with the issuance of this Lease. (b) Lessee shall give prompt notice to Lessor in case of any accident, injury or casualty on the Lease Premises. 8. 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. 9, SURETY BOND (a) If SO specified in Section 1, 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 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 andsub- sequently until all of the Lease Premises have been either accepted as improved by Lessor or restored pursuant to Para- graph 13. +. , . L-_ .s. / I 10. 11 12. ASSIGNMENT, ENCUMBRANCING OR SUBLElTlNG (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. (b) This Lease shall be appurtenant to littoral or riparian land and any ownership interest or use rights of Lessee in such lands and it shall not be severed from such rights or interests without the prior written consent of Lessor. DEFAULT AND REMEDIES (a) Default: The occurrence of any one or more of the following events shall 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) Re-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 become due 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. 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, royalty or other 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 improvements at Lessee’s sole expense. (b) In removing any such improvements Lessee shall restorethe 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 underthis 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 c its recordation, be conclusive evidence against Lessee and all other claimants of the termination of this Lease and any rights or interests of Lessee in the Lease Premises. c 15. 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 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 in advance on the first day of each month, at the rate of one-twelfth (l/l 2th) of the annual amount. 16. ADDITIONAL PROVISIONS (a) Wafver: (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 or any other default or breach of any term, covenant or condition of this Lease. (b) lime: 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 postage prepaid, 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 binding 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 considered deleted and shall not invalidate any of the remaining terms, covenants and conditions. STATE OF CALIFORNIA - STATE LANDS COMMISSION LEASE P.R.C. No. This lease will become binding upon the State only when duly executed on behalf of the State Lands Commission of the State of California; IN WITNESS WHEREOF, the parties hereto have executed this lease as of the date hereafter affixed. LESSEE : The City of Carlsbad Li!dmLRa I ALETJIA L. RAUTENKRANZ, City Clerk STATE OF CALIFORNIA ’ Deputy CEief I. Title Divis/on of Land Management and Conser va tmn I ncr. 1 ? 19% ! Date ACKNOWLEDGEMENT The issuance of this lease was authorized by the State Lands Commision on (Month Day Yearj Form 51 .15 (7/64) B