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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 o 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 o o 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 o 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 o 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 State of dxxll priftic* <, TVCountvof -JCvv t/LA-^o *~7~s\ Q 1 OQ n "~7 i "~J 1 i „ , V) 4— V^ I 1,',On LAc. Ox mo beforeme. 1<6<.(JIQ, I^UWl, J/6/fl/4 UiD/K ^ Date . . . personally appeared ' \\Mo\ |ltj (_ • x V j^gersonally known to me - OR - D proved to m- ' x^Ss^\. DAVID L DOWNEY k - ,£«r£i£a Commteton* 1099359 I fg-fSESg Notary Puttie — Cotfocnta | V^S »y ^^ Dtego County r( xSI B^ My Comm. Expires Jun 2, 2000 ft n _ Name and Title of Otfic^r/(e.g., "Jane Doe, Nc^ary Public") !L . i, I Name(s) of Signer(s) X e on the basis of satisfactory evidence to be the person^) fr whose name(s) is/ate subscribed to the within instrument ^ and acknowledged to me that he/she/they executed the P> same in his/hef/theif authorized capacity (ies), and that by K his/h6f/fee4f signature(«) on the instrument the person(&)-, K or the entity upon behalf of which the person(&) acted, $• executed the instrument. j|i WITNESS my hand and official seal. | J---5xxoJ^^X * L^UA^a^A-^ | Signature of Notary Public / 1 r>T/^A//ii ' i 1 Though the information below ;s nof required by law, it may prove valuable to persons relying on the document and could prevent & fraudulent removal and reattachment of this form to another document. K 1Description of Attached Document $ 1Title or Type of Document: Kjf Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: D Individual D Corporate Officer Titlete): D Partner — D Limited D General D Attorney-in-Fact n Trustee n Guardian or Conservator Bj-fiH^Jil n Other: T°P of thurnb he Signer Is Representing: '^x'^^^c^^'^CT^^'^^'^^^T^^Gc^c^':^ Number of Pages: Signer's Name: D Individual D Corporate Officer Titled: D Partner — D Limited D General D Attorney-in-Fact n Trustee ITJ»"X-»I ffi D Guardian or Conservator JjUift^]'fe D Other: Topofthi Signer Is Representing: - x72XoG??<^^«e<3^"xS>C<7x^;^C^2<'=S7C^^ 11 !A[ 1 jmb here W li •^ XSoGocxXX^Xx