HomeMy WebLinkAbout1986-10-28; City Council; Resolution 88521
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A RESOLUTI
OF CARLSBA
LANDS COMM
FOR CONSTR
WHEREAS, o
of Carlsbad aw
Carlsbad Bouleva
WHEREAS,
jurisdiction ov
ten (IO) feet el
NOW, THERE
City of Carlsbad
1. That th
2. That t
23625), attache
Mayor and City
behalf of the Ci
PASSED, AP
Carlsbad City
1986 by the foll
AYES: Count
NOES: None
ABSENT: N
ATTEST:
4. I
ALETHA L. RAUTEF
(SEAL)
RESOLUTION NO. 8852
N OF THE CITY COUNCIL OF THE CITY , CALIFORNIA, ACCEPTING A STATE
SSION PERMIT FOR CONTRACT NO. 3185
CTION OF THE CARLSBAD BOULEVARD SEAWALL
October 7, 1986, the City Council of the City
rded a contract for the construction of the
d Seawall, Contract No. 3185; and
he State Lands Commission has statutory
r those portions of this project located below
vation (USGS datum);
ORE, BE IT RESOLVED by the City Council of the
California, as follows:
' above recitations are true and correct.
le State Lands Commission Permit, (File Ref. W
I as Exhibit A, is hereby accepted, and the
Clerk are hereby authorized to execute same on
y of Carlsbad.
'ROVED AND ADOPTED at a regular meeting of the
:ouncil held on the 28th day of October ,
,wing vote, to wit:
L Members Casler, Lewis, Kulchin, Chick and Pettine
MAR4 H. CASLER, Mayor
:RANZ, City dlerk
CTATE OF CALIFORNIA
' STATE LANDS COMMISSION
RECORDED AT THE REQUEST OF
State of California/State Lands Comnission
Official Business - Document entitled
recordation pursuant to Government Code
Section 27383.
WHEN RECORDED MAIL TO
State Lands Cmission
FOR ch ECORDERS USE ONLY
to free
This Lease consists of this sumnary a
Section 1
Section 2
Section 3
Section 4
The STATE OF CALIHWWIA, hereinaf
COMMISSION, (1807 - 13th Street, Sacram
Code and Title 2, Division 3 of the Calif
does hereby lease, demise and let to:
hereinafter referred to as Lessee:
WHOSE MAILING ADDRESS IS:
(
those certain lands described in Sectio
Lease.
LEASE TYPE: General Permit
LAND TYPE: Tide and submer
LAND USE OR PURPOSE: Rock
TERM: Twenty (25) years;
2011, unless sooner termina
d the fol lowing attached and incorporated parts :
asic Provisions
pecial Provisions amending or supplementing
ection 1 or 4
lescription of Lease Premises
sneral Provisions
SECTION 1
BASIC PROVISIONS
er referred to as Lessor acting by and through the STATE LANDS
tto, California 958141, pursuant to Division 6 of the Public Resources
rnia Administrative Code, and for consideration specified in the Lease,
ITY OF CARLSBAD
075 Las Palmas Drive
arlsbad, California 92008
3 subject to the reservations, terms, covenants and cond tions of this
- Protective Structure Use
,ed LOCATION: Pacific Ocean at Carlsbad
evetment type seawall for bluff stabilization
beginning August 1, 1986 and ending July 31,
.ed as provided under this Lease.
-.
CONSIDERATION: Public heal h and safety; subject to modification by Lessor as specified in Paragr ph 2(b) of Section 4.
ock revetment type seawall and related
AND BE COMPLETED BY: August 30, 1987
AUTHORIZED IMPROVEMENTS:
facilities
[ ] EXISTING: N/A
[XI TO BE CTION MUST BEGIN BY: September 1, 1986
LIABILITY INSURANCE: N/A
~ SURETY BOND OR OTHER SECURITY: N/A
I SECTION 2
PROVISIONS BEFORE THE EXECUTION OF ITS PROVISIONS ARE AMENDED, REVISED OR SUPPLEMENTED AS FOLLOWS:
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-2-
All that tide and sub] seawall and associate( State Beach, Carlsbad seawall and facilitie! Boulevard and Ocean Si entrance of Aqua Hedic
EXCEPTING THEREFROM ai ordinary high water mi
PREPARED JULY 29, 1986
SUPERVISOR.
Section 3
LAND DESCRIPTION W 23625
zrged land lying immediat-ly beneath a bluff protection facilities at Carlsbad San Diego County, California, said being located westerly of Carlsbad :eet and between Oak Avenue and the Ida Lagoon.
r portion lying landward of the
,k- .
END OF DESCRIPTION
BY BOUNDARY SERVICES UNIT, M. L. SHAFEE,
1. GENERAL
SECTION 4
ENERAL PROVISIONS
veyed by the State Lands Commission.
2. CONSIDERATION
(a) Categories
term.
(2) Royalty or other consideration:
(c) Penalty and Interest
Code Section 6224 and Section 2.
3. BOUNDARIES
This Lease is not intended to establish t
is made without prejudice to either party
claims which may be asserted presently or
oundaries and
4. LAND USE
(c) Additions, Alterations and Removal:
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 featuresof 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 Cease.
(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.
(9) 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,aswelIasthe righttogrant
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 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, 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.
I
. ' (c) Rights-of-way
If this Lease is for a right-of-way covering or
lines or conduits. the Lease Premises include or
underlying the pipelines or conduits, and Lessor t
Lessee a non-exclusive right to go onto the lands
Lease Premises as is reasonable and necessary
inspection and maintenance of the pipelines or
6 RULES, REGULATIONS AND TAXES
(a) Lessor and Lessee shall comply with and
presently existing or subsequently enacted rul
statutes or ordinances of the State Lands Corr
other governmental agency or entity having lawf
jurisdiction
(b) Lessee recognizes and understands in acce that it may be liable for a possessory interest tax i
or county on its leasehold interest and that its p
a tax shall not reduce the amount of considera
under this Lease and that Lessor shall have nc
payment of such a tax
7 INDEMNITY
la) Lessor shall not be liable and Lessee shall
harmless and, at the option of Lessor, defend Le:
agents, and employees against and for any and a11
damages or injuries of any kind and from any cau
the Lease Premises or improvements. or arisinl
nected in any way with the issuance of this Les
(b) Lessee shall give prompt notice to Lessor
accident, injury or casualty on the Lease Premi!
8 LIABILITY INSURANCE
(a) If so specified in Section 1 or 2. Lessee st' own expense and keep in full force and effect d
term with an insurance company acceptable to
hensive liability insurance, for specified categoril
insuring Lessee and Lessor against any and 311 c
arising out of the ownership, use occupancy, co
tenance of the Lease Premises and all improvei
or more pipe-
land actually
reby grants to
djacent to the
lr installation.
mduits
bound by all
, regulations,
iission or any
authority and
ing this Lease
Dosed by a city
iment of such
>n due Lessor
ability for the
demnify. hold
31. itsofficers,
3bilrty claims, . occurring on
3ut of or con-
7 case of any
S
I obtain at its
mg the Lease
tssor compre-
and amounts,
ims or liability
dition or main-
9. SURETY BOND
(b) Lessor may increase the amount of the su
security device to cover any additionally aut
ments, alterations or purposes and any
consideration
in full force and effect at all times during the L
sequently until all of the Lease Premises
graph 13
10
11
12
ASSIGNMENT, ENCUMBRANCING OR SUBLETING
(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:
shall constitute a default or breach of this Lease bv Lessee
The occurrence of any one or more of the following events
(1) 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
Lessee's failure to make any payment of rental, royalty.
(3) Lessees 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 160)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 defaLIt or breach by Lessee and Lessee's
failure to cure such default or breach Lessor mavat anytimeand
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 becomedue
without terminating Lessee's right of possession regardless
of whether Lessee shall have abandoned the Lease
Premises
(41
have at law or in equity
Exercise any other right or remedy which Lessor may
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 4b)
and 13 The exercise of such right of termination shall not release
Lessee from liability for any unpaid but accrued rental, royaltyor 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
(b) In removing any such imorovements Le
Lease Premises as nearly as possible to th
prior to their installation or construction.
expiration or sooner termination of this Le
15. HOLDING-OVER
(1/12th) of the annual amount.
16. ADDITIONAL PROVISIONS
(a) Waiver:
(1) No term, coven
default or breach of
shall be deemed to ha
of a late or nonconfor
such a waiver is e
STATE OF CALIFORNIA - STATE LANDS
LEASE P.R.C. No.
This lease will become binding
IN WITNESS WHEREOF, the parties
the State of California;
LESSEE : The City of Carlsb2.d
%*-.j d. &L KARY 9. CFLER, Mayor
(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
extendtoandbe binding uponandinuretothebenefitoftheheirs.
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.
COMMISSION
upon the State only when duly executed on behalf of the State Lands Commission of
hereto have executed this lease as of the date hereafter affixed.
STATE OF CALIFORNIA
STATE LANDS COMMISSION
By:
(9) Captions:
The captions of this Lease are not controlling and shall have
no effect upon its construction or interpretation.
L?.kmLRUL
ALETHA L. RAUTENKRANZ, City
(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.
Title
Date
-
Clerk\
ACKNOWLEDGEMENT
The issuance of this lease was authorized by the State
Lands Commision on (Month Day Year)
Form 51.1 5 (7184