HomeMy WebLinkAboutCC Res 2662 1977-04-11
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RESOLUTION NO. d66.:L
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SEAL BEACH AUTHORIZING EXECUTION
OF A PERMIT FROM THE STATE LANDS DIVISION
FOR THE USE OF STATE LAND FOR BEACH
PURPOSES.
the City of Seal Beach wishes to acquire legal access to the
beach area in Annexation 76-1 (tide and submerged land
adjacent to Surfside Colony); and
WHEREAS, the permit gives the City non-exclusive use of the beach
area to provide lifeguard services, beach maintenance and
pol ice patrol.
WHEREAS,
NOW, THEREFORE, BE IT RESOLVED that the City Manager is authorized
to execute the permit.
PASSED, APPROVED AND ADOPTED by th~~City counci~f the City of Seal
Beach at a meeting held on the //G day of J>A./../- , 1977,
by,", follo",', ..~ ~ ~
AYES: Councilmen _...L..A-..{ ~ ~,bL. ~. it l/~
NOES: councilmen~
ABSENT: councilmen~J ~
~~~
Mayor
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Resolution Number
K 21360
STATE OF CALIFORNIA
STATE LAi'lBS COM-rUSSIaN
PER.'UT NO.
Section 1
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For such consideration, specific purposes and subject to such terms,
covenants, conditions, reservations, restrictions and limitations as are set
forth herein: TIlE STAT.!!; OF CALIFORNIA, here1naftel:" referred to as "Lessor,"
acting thl:"ough the State Lands Commission pUl:"suant to Division 6 of the '" .'... ' .'
Public Resources Code and Title 2. Division 3 of the California Administrative ,
Code, does hereby grant a permit to: _,.__ .,...,_,
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PERHIT'lD CITY OF SEAL BEACH
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whose mail address is: P.O. Box 729. 211 8th Street
Sea1'Beach. CA 90740
,for the non-exclusive use of that certain land decribed in Section 4 of this
Agreement.
PERMIT TYPE:
PUBLIC AGENCY
TERM:
49
Years; No
Months; beginning February' 15. 1C)77
ending
February 14. 2026
unless sooner terminated as hereinafter
provided.
COUNTY: ORANGE
LA~~ TY~: Tide and submerged in the Pacific Ocean.
Page 1 of I~
(Forre 51.14 4/76)
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Resolution Numper
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STATE O:F CALIFORNIA - STATE LMlDS COMMISSION
PERMIT NO.
Section 1 (Continued)
LAND USE OR PURPOSE: Lifeguard activities, cleaning of beach and
Police Patrol.
AUTHORIZED DIPR,OVE~N'lS: Nq permanent improvements.
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LIABILITY INSURANCE: EACH OCCURRENCE ';'
, ,... S'.....TY B^un .... S
.. ..,,~ UAD W"-II
NIl\.
Divided Limits: .:
Bodil.y Injury S N/A
Property Damage S N/A
91i
Combined SiuJl;le S N/A
Limit:
,', CONSTRUCTION LIMITING DATES:
Mo. Day Yr.
Bagirming N/A
Completion IlIA
COm>08ITION OF AGREEMEfIT: This permit consists of the following parts all
attached hereto and by reference made a part of the whole agreement:
Sectiou 1 - Summary of basic terms, as above.
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Section 2 - Special provisions amending or supplementing Section 1 or 5.
Section 3 - Consideration.
Section Lf - Land Description.
Section 5 - Standard covena!lta.
Page 2 or If
(Form 51.l.lt It/76)
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Resolution Number
STA~ OF CALIFORNIA - STATE LANDS COMMISSION
PERMIT NO.
Section 2
CHANGES IN FORM: Before the execution of this permit, the printed
form was changed, revised and added to in the following manaer:
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Page 3 or 4
(Forr.l 51.1" 4/75)
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Resolution'NumQer
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STATE: OF CALIFORNIA - STATE LANDS COMMISSION
PERMIT i't0.
Section 3
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CONSIDERATION: Public use and benefit.
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ROYALTY:
None
OTHER CONSIDERATION:
None
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Page 4 of 4
(Fo:!:'m 51.1" 4/76)
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FES.'lIT 110.
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Resolution Numbe~
Sectic:!. 4
,~LAtm DESCR.L:''TION
'~ ,21360
".2\"Parcel of tide land in the bed of ,the ,Pacific Ocean. Orange
,>County. Californin. said -parcel IiIOre 'Particularly described as
,~ollO"",s:
<:e0?1MENCING at the most southerly corner of Sunset ,
'Beach No. 1 Annexation to the City of lluntinKton Beach.
..'as -established by Ordinance 110. '993 of said Ci~y ,of
,lHuntington Beach. said corner being on the conmori '
.1.ine between Rancho La Bolsa Chica and Rancho Los
.Alamitos; thence S 490 28' 00" W along said coit::lon,
J.ine being the boundary of City of Seal Beach per
~nexation 67-1 as estnblished by~rdinance No. 751
-of said City of Seal Beach 511 feet. more or' les$, to
its intcrse~tion with the ordinar; high ",ater'-T.;uk
'as established by boundary atreeaent recorded in
.Book 7988. page 763. Official Records of said ~ounty. .
,said high "'ateI' I'I!lrk also shmm 00 a ll'.ap filed, ,in:, ,..'....0; :.
,Book 86. pages 35. 36 and 37, of Records of Survey;,":;..:....'.;.;,;:.,.'..',
,'Records of said County, said intersection also being "-:-'
the ~ost southerly corner of said Anne~atioo 67-1 and
the POUlT OF BEGIimll:G; thence leavin!( said co=on '
line and along said hip,h ",ateI' nark and boundary line
per said Annexation 67-1 along the followin~ courses:
N 1,30 45' II" W 1109.03 feet, N 480 53' 37" W,
;),004.50 feet. N 490 52' 36" l~, 957.14 feet and '
1, 560 15' 04" ,'~, 6.73 feet; thence leavinlt said bi~h,
vater cark bOIl."ldary a~reement line and continuinsr ' ,..,...'
-along the said Annexation 67-1 boundAry line n 56015'04"R,
~3.40 feet, core or less, to the southeasterly boundary
line of the territory incorporated under the name '
'of the City of Seal Beach hy order of the Board of
Supervisors of Orenge County on October 25, 1915;
thence lcavin~ said l\nnexatio~ 67-1 boundary line
southwesterlv alon~ last me~:ioned southeasterlv boundarY
line to the ~can lo~cr lov tide line of the PacIfic .
Ocean; thence southeasterly alons; said lower 10\1
,tide line to the southveste~ly prolon!(ation of the
'sformentioncd conr.::on line between Rancho La Balsa
Chica .end Rancho Los '\lar.d::os; thence N 49- 28' 00"
E alon~ said prolon~ed line to the point of heginnjn~.
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o Elm OF DESCRI!'TIO:l
l'rcpand /:11(~().i'~.."Qr;J__ Checked ,,;l.t?,./..,":,;- :f.s...."
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Re~~l~~ion Numper
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EXHIBIT
W21360
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_.____, ._.. ____.N._.__N ....N._~.__......
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Resolution Number
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Section =
STANDARD COVENANTS - STATE 1..'':;:)5 CO:{MISSlml LEASE
1. AGREE:;4E!IT DEFINED: For the purpo.5~s of this lease, the terms "lease,"
"right of way," "easement," "permit," and "license" are interchangeable; where
one t~rm is used, it shall be deemed to inc~ude any one of the other terms,
where appropriate.
2. HONETARY CONSIDERI\TION:
(a) Lessee agrees to pay the a~~~l rental stated in Section } hereof
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to Lessor without deduction, delay or offset, at such place as may be designated
by Lessor from time to time, in advance on or prior to the beginning date of this
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lease and anniversary of such beginning da~e during each year of the term hereof,
except that Lessor, effective on each fifth anniversary of the beginning date
of this lease, and at such other times as are hereinafter specified, may from
time to time elect to change the amount of annual rental to be paid by Lessee
hereunder. Any such change in rate shall ::: to the applicable rate, or by
following the procedure for determining the applicable rate, of rental set forth
in Title 2, California Administrative Code (now contained in Section 2006) at the
time notice of any such change is given to Lessee. Such changed rate shall not
become effective unless Lessor shall cause ~ritten notice of such change ~nd of
the new rate to be given to Lessee on or before ninety (90) days before the
effective date of such rental rate change. Should Lessor fail to effect a cha~e
of such annual rental effective on any sue:' fifth anniversary of the beginning
date of this lease, the annual rental sr~:: ~e~ain the carne as the rental ~~yable
for c;lch yeur dur~ne the im~ediately prccc~:r.6 five-year period. provided that foe
any years rer.:.:J.inin?; before the next rive-:;:a~ ar~"1iVer5ary of the bef\innir..g date
of thin leas~ ~hc LeGsor o:'"~ 'liri t":.en fl~~ic. ::~~ J.es:::; t.~..:::':i nin~\::,. \ S~G) u[tYs befo:-c
thE" TIc";'xt r(!:~t bE:co:;".c~ due, may fix a dilf.:::-er~t rate of anrLual r~nt.:J.1., which rate
Resolution, N~er
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shall be determined in the ~anner hereinbefore cet forth, which rental at Ruch
new rate, unl~ss thereafter changed in the manner herein provided, sh~ll be
payable each year thereafter by Lessee. Any change in tho rate of rental
effective o~ a date other than any fifth ar.niversary of the beginning date of
this lease shall be without prejudice to Lessor's right to change said rental
rate on each succeeding fifth anniversary of the beginning date of thiG lease
as above pr9vided. It is specifically agreed that in the event of the termina-
tion of this lease p~ior to its expiration date from any cauce whatsoever, no
portion of rental paid in advance shall be refundable.
(b) In the event that the parties to this lease are unable to
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agree upon a firm annual rental, quarterly royalty or other consideration at
the expiration of the lease period agreed herein, and the'Lessee remains in
possession of the leased lands and continues to pay an interim rental, royalty
or other consideration until a firm rental, royalty or other consideration is
agreed upon by the parties, then at such time when the Lessee submits payment
for any or all retroactive rentals, the state shall collect ~nterest on ca~d
r~tro~ctive payments at the rate specified in Public Resources Code Section
6224. This shall not be construed as a limitation upon any other remedy ~hich
the State may have against a holdover Lessee.
(c) It is agreed by the parties hereto that any installments of rent~l,
royalty or othc~ monet~ry consideration accruing under the provisions of this
bear i~terest at t~e specified rate frc~ the date when the same wac paya~le by
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lease that shall not be paid when due shall be subject to a penalty and shall
the ter'.1s. he!'eof \ as provided in Public Resources Code Section 6:!24 n.nd Zub-
, (~' - " . " . th' . Vl th . , 1 '- d' th
5ect~O!. I.d Q~ .tarrlgrapn t.. o,,!. .1.S _ea5C, unr;.J. .e sam"~ c.na_ ..,c pni oy c
~~;.f;ce..
Ll~ 'fh.' ~~:i1.t:I'f' t.o p:'1y th<' t.('!~t."'\lf-:., rOyil:tic:i o!" (It:)....~r CO:L:.ri.t{(':.;ltion
R1JCc-:.:ir:d in tr.is .l~jH-;e :3h~~l subjc':t t!:e LeEscc to o. ten ('~O) pcr-CI"".nt pcna.tty
Q;~ ~'...,'I 'c::>!"'l.~f' ':t~~('~ :l~:':t{1 U:.l:':!!.~C~q, ~o:!:' t~.1? 't"~~~'::i:,. '}'"o::;'...l-l::: 0":" ":o':.....":!r cO':'l..-:i{lc~"'l~ l.O~
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Resolution Number
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pCJyablc after January 1, 197G.
3. !lOYALTY: Lessee shall pay to Lessor, in ~ddition to tr.e annu~l rental
or other con"ideration as stated herein, a royalty in the amount per cubic yard
per ton, or other unit of ffleasure~ent as set forth in Section 3 hereof fo~ all
materials removed from the land subject to this agreement and placed on lands
not owned by Lessor, 'if authorized herein, according to the following schedule:
Within twenty-five (25) days following the end of each quarter
ending on March 31, June 30, September 30 and December 31, Lessee
shall pay said royalty for all materials removed from land subject
to this agreement during the preceding quarter. Each payment shall
be accompanied by a detailed statement subscribed and swor~ to by
Lessee or his agent attesting to the accuracy of the payment.
If. OTHER CONSIDERA~ION: Lessee agrees to pay other consideration in the
amount, method and manner as provided for in Sections 2 and 3.
5. NON-MONETARY CONSIDERATION: If a monetary rental, royalty or other
connideration is not shown in Section 3 of this Agreement, the sole and entire
consideration to Lessor for the within lease or permit shall be the public use,
benefit, health or safety, as appropriate. However, the Lessor reserves the right
to review the consideration at any time and to set a monetary rental if the State
I~lnds Coxmission shall at its sole discretion determine that such action is
in the bCDt interest of the State;
u. BO~~w\P.IF~: The description of the land in Section 4 herein r~s
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b~~n made without ~ survey and without a dcte~ination of oou~darics of the
l.."t:'~G r.UEJ~cct to this f..~:-t:cr:,e!1t:. 1j;:~:'5 l~ase is not ir..~ecd.ed. to cO:lstitute
th~' p~:t.'lbli~t:np~1t 0:" ~h~ .::;tatels bGlllnc.=\:-ics D.:ld ia r1aae: w:tt:r.out prr:~urlice
to 'l':i:J h:,:.:::dar:r r.1.:: :!:I:~ w;dch r;;;JY b:: &G:=;,'::r~ed in the :""u.turc;
7. i_\:I:J t=:ji::: r.Je~~:.;c~ ["~~l'I.;CE: ~o ur.C' the la.nd Ch::iCl"ib.:..j i~ ;:;.::ctio:: Ir
o:"..~' :~7' ..:".0 :.....:;...!'.v.:; r.;' ?ur~:>:;(,::~ :~'.. .t\...c: l:. :;!.:(.ti::,:. ~ (,..::' ;. :J::':': .rOt. :.:-....
Resolut~on Nqmber
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conatructio~, op~ration and ~4intenance of the improvements listed in
Sectiono 1 or 2, as appropriate. If such use is not commenced by Lessee on
the land subject to this agreement within ninety (9Q), days of the beginning
date of this lease or within ninety (90) days of the beginning construction
limiting date, if such date is authorized in Section 1, or if such use on said
land shall be discontinued for a period of ninety (90) days, this lease and
the term thereof shall terminate upon notice to Lessee. No addition31
improvements shall be added without written consent of Lessor first ,had and
obtained.
8. AD~UACY OF CONSTRUCTION: All improvements shall be constructed 1
and installed consistent with all applicable code requirements.
9. MARINA SANITARY FACILITIES: If this lease covers the operatio..'1 of
marinas, lau.~ching ramps or other like-facilities which are used by the public,
whether for profit or not, Lessee shall provide on-shore sanitary facilities.
10. r...CiATING P.ESIDENCE: The structure authorized by this lease shall not,
at any time in the future, be converted for use as a residence, nor be used for
the purpose of ~ooring a floating residence or ark.
11. RE?AIBS:
(a) Lessee s~~ll ~aintain and keep in good sound repair all
improvements upon the property. The removal of, or substantial alter~tion
to, any existing structure shall not be undertaken without prior written
per~ission of Lessor first had and obtained. The failure to obtain the
written permission of the Lessor shall be grounds for t.ermination of this
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lease.
(b) If at any ti~e 6ubseq~en~ to the begir_~ing date of this
leas~ -r:he 5.Li1:p:"c":e:-::e!:.t::; E\utho.:"ized herein shall fall into 1). sta't~ of disrepair
O~ o~h~~~i~e bg~~'~~ an envi~c~~ental or aesthetic degrnd~tion, as determined
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Resolution Numper
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by Lessor, then upon written notice by Lessor, Lessee shall have sixty (60)
days to repair and correct th~ conditions cited by Lessor. Failure to
comply with the written notice of Lessor shall ba grounds for termination cf
this lease and Lessee shall at the option of the Lessor remove all structl~es
and fill located on lands covered bY this lease;
12. RIGHT OF INSP:EX:TION: Lessor through its authorized agents shall
have the right at all reasonable times to go upon lands owned by the Lessee
and upon the leased land for the purpose of inspecting the land and improve-
ments or carrying out any function required by statutes or the rules and
regulations of the State Lands Commission;
,13. EXISTING ENCUMBRANCES: This lease is subject to existing contracts,
leases, licenses, easements, encumbrances and claims wnich may affect the
leased land, and this lease is made without warranty by Lessor of title,
quiet enjoyment, condition or fitness of the land subj~~t to this agreement
for the intended use, or any other warranty or representation whatever, except
that Lessee faithfully keeping all the terms, pro.isions and conditions of,
this lease on Lessee's part to be performed, Lessor agrees not to interfere
with Lessee's possession of the land subject to this a~eement, except as
herein may otherwise be provided;
14. RESERVATIO~ O::i' NATURAL RESOURCES: Unless the use or purpose of this
agreement provides otherwise, there are hereby reserved to the State all
natural resources, including but not limited to, timber, minerals, sand ani
oravel, 'gaother~~l resources, oil, gas and r.ydrocsrbon products in or u?cn
the land subject to this agree~ent, and ~he right to g~ant in, over, an~
scrOGS s~id lands~ 1eases to extract or rerno~c s~ch natural resources, as
?rovi:!..d by la'lI and the rules "lid r.,!;"latio:1s 0.' the StJ.tc Land~l COIQ:niosion
and ~ithout compeaDation to the LcsRce;
Resolution N~er
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~5. OTHER RESZ.~VATIONS: Lessor expressly reserves the r~gM to grant
easements or crossings in, upon ane under the demised premises. Nothing herein
contai~ed shall be construed as limiting the powers of the State to lease, convey
or othe~~iBe transfer or encumber, during the life of thin agreement, the
hereinbefore described lands subject to this agreement for any purpose
whatso~ver not inconsistent or incoopatib~e with the rights of privileges
granted to the Lessee by this agreement; provided, however, that nothing
herein shall preclude the Lessee from excluding unauthorized persons from
the lands subject to this agreement during any period where,Lessee reasonably
deems such exclusion necessary or desirable in connection with its authorized
use of land subject to this agreement;
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16. RULES AND REGULA.TIONS:
. (a) Lessee shall obsene and comply with all rules and regulations
now or hereafter promulgated by any governmental agency having authority by
law, inclUding, but not limited to State Water Quality Control Board, State
Department of Fish and Ga.oe, U. S. Army Corps of Engineers and the State Lands
Commission.
(b) Lessee recognizes a.~d understands in accepting this lease that
his interest therein may be subject to a possible Possessory Interest Tax
that the city or county ~~y impos~ on such interest, and that such tax payment
shall no~ red~ce any rent due the Lessor hereunder and any such tax shall be
the liability of a.~d be ~~id by the Lessee.
(c) Lessee co'''ma.~ts that all r-:!aaonable preca~tions will be taken
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to prevent ~ollution and contaminatio~ of th~ enviro~~ent_
17. MODI:;;'!C!l1'r()~l<. AND RD:O'!Al.S: Any IT.odifications of no.turo.l or
existin~ !~atu~e~ ~r the real ~roper~y described in ~his lease. incl~ding
bu~ no~ :~~ited to t~e r~uoval of ti~b~r end other flo2a, ~hic~ arc
incon5i~~~nt with t~e autho:ized uses unc.p.~ this lense .~~ expres51y
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Resolution Number
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prohibited witho~t the prior written co~sent of the Lessori
18. ACCESS TO OTHER STATE LANDS: If the leased premises a.but or adjoin
any other. State-owned ~nds vhich do not have a right of ~cceSB far ingres
and egress, Leaaee shall provide adequate public vehicular and pedestrian
access across, over and upon the lease premises for the benefit of said lands.
19. ,RIGHTS-OF-WAY:
(a) If the lease is for a right-of-way covering one or mo::'e pip"lines
or conduits, the property right granted herein applies onJ.y to land actual.ly
underlying the pipel.ines or conduits, and there is hereby granted a non-
exclusive right to go into and upon the land subject to this agreement on
either side of said lines or conduits and within the parcel dascribed in '
Section 4 as reasoJiably necessary for installation. inspectiim and maintenance
of the pipeline or conduits.
(b) Reasonable passage across and along any right of way granted by
this agree::ent alo.all be reserved to the :public.
20. nlDEMNITY, BOND AND INSURA'NCE:
(a) Whether or not a bond or insurance as deacribed herein is
required, Lessee shall inde:mify, save ha:mlesa and at tho option of the State,
defend, the State of California, its officers, agents and employees against any
and all claims, demands, loss, action or liability of' a..-ry kind which state or
California, or any of its officers, agents or empl.oyees lDS.y sustain or incu~
or "Which 11JaY be imposed upon tl:1elll or any of them arising out of or connected
....ith the issua."1ce of this lease, includir.z, withou't in any way limiting the
generality of the fore6oin6' any claim, d==and, loss, or li~b~li~~ arising ~rc~
any failure of title or any alleged "r.Lolation of the property or cont~actual
rights of ~~J th~d verson or persona in t~c leasec l~Gis.
Resolution Npmbe~
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(b) If so specified in Section 1 or 2, Leesee shall file with
Lessor and maintain in full force and effect at all times during the term
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of this lease or any exte~sion thereof, and an additional period of one
hundred twenty (120) days or until the State has accepted a quitclaim deed
and sufficient evidences of removal of improvements requested to be removed,
w!1ichever is longer, a good and sufficient surety bond drawn in favor
of the State of California in the penal sum stated in Section 1 or 2 ~ereof, to
guarantee to L~Bsor t~e faithful performance and observance by the Lessee
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of all of the covenants and conditions implied or specified in this lease,
and which specified or implied covenants and conditions are mandatory upon
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and are to be kept and performed by the Lessee.
(c) If SO ~pecified in Section 1 or 2, Lessee shall o~tain at
his O'""n expense B.:1d keep in full force and effect during the term of this
lease, for the protection of Lessee and the State in an insurance company
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acceptable to Lessor, comprehensive pUblic liability insurance covering the
leased premises and their surrO'xoding area with limits of not less than the
amolmts stated in Section 1 or 2 hereof. The policy or polici~s shall specifical-
ly lliJ.lte the State as an insured party as to the land under lease; and the
policy or policies ~~ll specifically identifY the lease by num~er, and ~
certificate or certificates of insurance must be provided by the Leasae to
Lessor. Upon any increase in rental as provided ill :Paragraph 2, Lessor
(d) Lessee agrees that the liability insurance co~erage herein
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reserves th~ right to incre~6e the s~ of the penal bor~.
provided ~O~ shall be i~ effect at all times d~ing the tc=m OI this lease,
and un~il ~~id l~asea lRnd is restored as nearly as possible to the condition
existinr, prier to c~ec~io~ O~ place~ent or the imp~ove~ent6 thereupon or
un~il Lessor, in ~~i~i~gJ elects to accept the leased 'land or any portion
thar~~: e~ ~C~~ imp~o~ee with ct~~ctures, b~ildings, pipeli~e$, aacuinery,
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Resolution Numb~r
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facilitios and fills in place. If LesGor, elects to accept only a ?ortion of
the leased land as then improved, Lessee's responsibility to insure ~he
p~em~neB shall terminate as to 'those portiono that, the Lessor a~cepts intact~
but shall continue in the remaining portions until said portions are
restored as nearly as possible to the condition existing prior to the erection
or placeGlent of improvements thereupon. In the event said insurance coverage
expires at any time or times during the ter~ of this lease, Lessee agrees
to provide at least fifteen (15) days prior to said expiration date, a new
certificate of insurance evidencing insurance coverage as provided for herein
II for a period of not less than one (1) year, or for not less than the remainder
of this lease, ~d until the leased land is restored or until Lessor, in writing,
elects to accept the leased land or any portion thereof as then improved as
provided for herein. New certificates of insurance are subject to the approval
of the State Lands Division, and Lessee agrees that no construction, improvements,
additions, work or services shall be performed prior to the g~ving of such
approval. In the event Lessee fails to keep in effect at all times insurance
coverage as herein provided, State may, in addition to any other remedies it may
have, terminate this lease upon the occurrence of such event.
21. ASSIGN~mIT, TRANSFER OR SUBLET'l'n;G:
(a) Lessee shall not assign, transfer, or sublet this agree~ent
without the prior ~ritten approval of the Commission first PAd and obtained.
II Such written approval of the assig~ent, transfer or sublease shall be
subject to any and all conditions required by the Com~ission, incl~ding,
witho\,t lir.1i'tatit)~ by reu.sor. of s:;lecification here-in, tee alt:n-insy cl',a"~inz
or aruarlding of this lease as declncd by t2'1e COilloission -:0 ba in ~he bes~
interostn of ~he St~t~.
-10-
Resolution,
.,.
(b) 'rhe leasehold interest herehy described ill created as an
appurtenance to littoral land. The leasehold interest is not severable from
the rights and interest of the Lessee in the littoral land without the
e~pre8S written approval of the State ~~nds Commission first had and
obtained. Any such severance without State Lands COll!r.'lission approval shall
be grounds for termination of the lease by the State Lands Commission.
22. TER.'I!D1ATION BY LESSEE: Lessee may terminate this agreement upon
giving Lessor not less than sixty (60) days written notice prior to the date',
of such termination. Lessee agrees that on the day selected by lessee for
termination of this agreement under this paragraph, to peaceably and quietly
leave, surrender and yield up to Lessor the land subject to this agreement in
1
good order, condition, and repair, reasonable use and wear thereof and damage
by act of God and the ele~ents excepted, and execute and deliver to Le~sor a
good and sufficient release of all rights under this lease. Should Lessee fail
or refuse to,deliver the release as aforesaid, a written notice by Lessor
reciting the failure or refusal of the Lessee to execute and deliver said
release as herein provided shall from the date of recordation of such notice
be conclusive evidence against Lessee and all persons elaiming under Leesee of
the te~mi~~tion of this lease and any claims and rights of Lessee in the land
and impro7ements subject to this lease. In the event Lessee elects to terminate
this agreecer.t, such termination does not releas~ Lessee from any unpaid but
accr~ed ~ent. royalty payroents or equivalent consideration which may be owed
to the Lessor;
I
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r......
CANe ~_L.t\TIO~ BY S~ATE:
If this lease covp.rs land obtained by Lessor
fro~ the U:lited 5ta~as an O~ in ~ieu of 5c~ool landa, Lessor reserves the right
an1 ~ow~r ~Q ~a~~~l this le~~c at eny ti~~ d~ring t~e term hereof upon notice
in wr~t~n~ ta t~? L~6see of not ~~s~ t~a~ nine~y (90) days next ~rior to
.'
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Resolution Number
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-11-
the date such cancellation shall beco~e effective, and Lesace hereby
agrees, upon receipt of such written notice, that Lessee will vacate the
demised premises on or'before such cancellation da~e;
24. TER.'lINATION ,UPON SALE OR EXCHANGE: If this is a Grazing or
Agricultural Lease, such lease is terminated by Lessor upon sale or exchange
of the land subject to this agreement without advance notice to the Lessee
as provided for by law and by the rules and regulations of the State Lands
Commission;
,
25. PUBLIC AGENCY PERMITS: Where the sole and entire consideration
to the Lessor for the within lease shall be the public use, benefit, health
and safety, Lessee agrees and covenants to notify Lessor within ten (10) da;rs,
in the event any monetary charge is made to the public for use of the leased
land, either directly or indirectly.
26. OIL SPILL >>IERGErlCY: In the event of a s?ill or leak of oil or '
other liquid pollutants into waters over State lands, Lessee shall immediately
notify the state Office of Emerge~cy Services by telephone (800) 852-7550.
Lessee shall subsequently send the State Lands Division a complete written
report within thirty (30) days stating the source, cause, size of spill and
action taken.
27. MARINE TERMINAL/'ilHARF OPERATIONS: If this lease is for a marine
terminal or wharf operation handling petroleull:, petroleum products, or any
other pot~ntial pollutant, Lessee shall provide Lessor with an approved Oil
Spill Co~tingency Plan/Spill Prevention Control and Countermeas~re Plan ac.d
a Terminal Operations l~nual in the form required by Federal a~d State
RegulationA and guidelines. Lessee shall periodically revie~ such plans
and advi5~ L~sno~ of any chdn6es to sucn pla~s.
Resolution ~umb~r
-12-
28. R&STORATION OF PRE.'-IISES: Upon expiration or sooner tcrmiMtion of
this lease. Lessor may elect t~ acccpt the leased land or any portion thereof,
a~ then irnp:oved with structures, buil~inzs. pipelfnes, ~achine~y. facilities
and fills in place or Lessor r.o.ay elect to have any such improvcments or any
portion thereof, removed by Lessee at Lessee's expense. All such improvements
to be removed shall be salvaged and removed by Lessee a~ Lessee's sole
expense and risk within ninety (90) days after the expiration or sooner
termination of this lease. If Lessee fails to remove such improvements or
portion thereof designated by Lessor, and restore the leased land as herein-
after provided, within ninety (90) days after the expiration date or sooner
termination of the lease or notice by Lessor of his intention to accept a
portion of the premises as then improved, whichever is shorter, Lessor may
remove or h.'we removed all or a portion of the improvements and charge the
expense of such removal to Lessee. In making such removals, Lessee shall
restore said leased land as nearly as possible to the condition existing prior
to erection or placement of the improvements thereupon;
29. HOLDING OVER: Any holding over after the expiration of the term
of this lease by the Lessee, with the consent of the State. shall be construed
to be a tenancy from month to month, and shall otherwise be on the te~s and
conditions herein s~ecified as far as applicable with rental at the rate of
1/12 of the ar~ual rental stated in Section } payabl~ in advance on the first
day of each month;
}Q. :;l~OSS;;;SSION: In the e'-ent of failure of the Lessee to pay rental,
O~ i~ ~hp. ~~~~~ or a b~each of any of the othRr covena~ta contaIned within
this l:i.grr.:>n:::en-;, or failure of Leesee to observe ~hc terms, conditions,
re8~""icti.O!-:'5
cr ~imc limit~tiar.s herein contained, to be kept, per!o~ed and
. ~"
O;:;S(::"'"IfK--., ~~
~~~l~ be l~~ful for Lessor ~o re-enter into nnd upon the demised
."
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1
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Resolution Number
-13-
premises, and to remove all persons and p:ope:ty therefro~, and to repo3sess
and enjoy the herein described demised premises a~ in the fi~st and former
estate of the State;
31. QUITCLAIH: Upon the natural expiration or termination of this lease
by Lessor, in addition to any other remedy which Lessor may have, as provided
by law or the terms of this lease, Lessee shall within ninety (90) days of the
natural expiration or BOoner termination of this lease by Lessor execute and
deliver to Lessor a good and sufficient release of all rights under this ~ease.
Should Lessee fail or refuse to deliver the release as aforesaid, a written
notice by Lessor reciting the failure or refusal of the Lessee to execute and
deliver said release as herein provided, shall from the date of recordation of
such notice be conclusive evidence against Lessee and all persons claiming under
Lessee of the termination of this lease and any claims and rights of Lessee
in the lands and improvements subject to this lease.
32. ~IEWAL: Lessee or his heirs or assigns, or any successor in
interest thereto, shall have the right to renew this a&Teement for the
additional periods and years stated in Section 1 hereof upon such reasonable
terms and conditions as the Lessor, or any successor in interest thereto,
might impose. Such option to renew must be exercised by Lessee by giving
written notice to Lessor at least six (6) months prior to the termiration
date of the lease, or such option is waived by Lessee;
33. \/AIVEH m' BREACH: The waiver by Lessor of any default or breach of
any term, c~venant or condition shall not constitute a waive~ of any oth~r
default or breach ~hether of the s~~e ~r any other terG, covenant or co~ctitio~.
regRrdless at Lessor's knowledge of such ot~cr defaulta or brcach~s. The 5ub-
nequent accaptunce of monies hDreuader ~y Lessor sh~ll not c~~sti~~~e a waiver
-1/+-
Resolution Npmbe~
of any preceding default or breach o! any term, covenant or condition, other
than the failure of Lessee to pay the particular monies so accepted, regardless
of the Lessor's knowledge of such prec:ding default or breach at the time of
acceptance of such monies, nor shall acceptance of monies after termination
constitute a reinstatement, extension, or renewal of the lease or revocation
of any notice or other act by Lessor.
34. NOTICES: All notices herein provided to be given shall be deemed
to have been fully given when made in writing and deposited in the United
States mail with postage prepaid and addressed to the principal office
or headquarters of the State Lands Commission, or to the Lessee as addressed
on Section 1 hereof, as appropriate;
35. CHANGES: This agreement lI'.ay be terminated or the provisions changed,
altered, or amended by mutual agreement of the parties hereto;
36. TIME - SUCCESSOR'S LIABILITY: Time is the essence of each and all
the te~s and provisions of this agreement, and the terms and provisions of
this agreement shall extend to and be binding upon and inure to the benefit
of the heirs, successors and assigns of the respective parties hereto; if
more than one Lessee is named herein, the obligations of said parties herein
contained shall be joint and several;
37. CAPTIONS: The captions of this lease are for convenience: only and
are not a part of this lea~e and do not in any way limit or amplify the terms
and pr.ovisions of this lease.
38. SEV~~4BILITY: If any provision herein is judicially determined to
be i~va:ic, it s~~ll b~ considered cle~e~~d h~refrom, ~nd Bhall not invalidate
th-e rerr.aining "p~ovi'5ion5..
'.
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Resolution Number
'-.
STATE OF CALIFORNIA - STATE LANDS COMMISSION
PE:a.'I\IT NO.
This permit will become binding upon the State only when duly executed ~n
behalf of the State Lands Cowmission of the State of California;
IN WITNESS WHEREOF, the parties hereto have executed thiG permit as of the
date hereafter affixed.
CITY OF SEAL BEACH
By ['Q:-L<-LLi_ r {(<-..:j:u..CL~..( k
STATE OF CALIFORl~L"
STATE LANDS CO};}USSICN
By
Title
1
Date:
The issuance of this permit was
authorized by the State Lands
COlillDission on
~l'~H~~*XHHHHHKHHMHMHMHHHHHHHHHH*HH~~HHH~*HHKHHH~~*HH***KHHH~riH~H~H**HHH*HHHHH**H**HH~KH**~~H
state
STATE OT CALIFORNIA
COUNTY OF l;/D:!"NC~E
)
) ss.
1
On this ')- 'l-HC>-day of fA 1iJ:::.~h , in the year 19 7~
hefore me, bL~f'::' ,,- IHctf.f1't..~ ,a Notary Public
in and for, said [,),'C:~,,-,Ge- , cOWlty,...... " l~, personally
appeared _,)/;"-N N I <; r::,-./,,' ;-c,'I-i-'f!-c:.H'E , known to me to be
the err 'I It(ej r-I4.-G-GI2. of the (:;",'1 Or-- .
_,~t7;.'i <__ /.-::,(;~'k:-11 that executed the within' instr~ent,
and also kn~4n to me to be the person ~ho executed the within
instrument on behalf of the C,-r'( 1':,-=::: _~D;'_ E-.I.::;I,r..i-f therein
named, and acknowledged to me that the C' -7', ;'l!" ,':;',:";-1,_ f.'!,EJi,r;.H
executed the same.
Pub) ic Corp.
Polit. Subd.
IN WITNESS WHEREO~, I h~ye hereunto set my hand and affixed
r.ly official seal ir. the ..:,.-..tI,,~ County of C-~tX r.J.c:;.e::
the day and yeay~, ~his cerrifiCD.te::~irs~_above .,,!"~tten.
( J... ,~/ . \....../c.. - \-r.__.., --......_~,.._-.
- ,
Notary Puplic, State of California
I,gcy. and My Commi~sio.. I.'xpires ',.-It :(._rr -;', ,,~),i;-.'
Acknowle~"-"'. ....~
:1 6:;;:0::-. OFFICIAL SEAL ~
~ !.-,>~'i::~ DoNiS J, THOMAS I~
! \'}~;~IJ:I~/ NO rAiW PUBLIC - CA.LIFO:lf\!IA k
" ,,...-,, -;'fl- V
i! \ x.... j,~:,:;'j/) Or.^N~:: r)1UNrY .~
t. ~? Mi r..jrr.m p.(plit.:s rM.q 7. 1":::31 I.
11__________ __.__..______...___.____-J'
..
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