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HomeMy WebLinkAboutAGMT - California State Lands Commission (Tidelands) STATE OF CALIFORNIA GAVIN NEWSOM, Governor CALIFORNIA STATE LANDS JENNIFER LUCCHESI,Executive Officer COMMISSION 916.574.1aoo TTY CA Relay Service:711 or Phone 800.735.2922 100 Howe Avenue,Suite 100-South from Voice Phone 800.735.2929 Sacramento, CA 95825-8202 or for Spanish 800.855.3000 = - Contact Phone:(91 b)574-2275 irthwAirpp JUL 18 2022 lieRef; Lease PRO 3792.1 a Art Bashmakian Interim Senior Planner Community Development Department City of Seal Beach 211 Eighth Street, Seal Beach, CA 90740 Subject: General Lease- Public Agency Use, City of Seal Beach, Los Orange County Dear Mr. Bashmakian: Enclosed is the fully executed lease amendment associated with Lease No. 3792.1. Our Accounting Office will be notifying you regarding a refund due or balance outstanding on this project separately. Please note that invoices may be received up to 12 months following full lease execution. We apologize for any inconvenience this may cause. The Commission appreciates your cooperation and patience in helping to complete this transaction. Please feel free to write or call if you have any questions. Sincerely, iLC.W igntA/1 Drew Simpkin Public Land Management Specialist 1 RECORDED AT THE REQUEST OF AND WHEN RECORDED MAIL TO: STATE OF CALIFORNIA State Lands Commission Attn: Title Unit 100 Howe Avenue, Suite 100-South Sacramento, CA 95825-8202 STATE OF CALIFORNIA OFFICIAL BUSINESS Document entitled to free Recordation pursuant to Government Code Section 27383 SPACE ABOVE THIS LINE FOR RECORDER'S USE County: Orange STATE OF CALIFORNIA STATE LANDS COMMISSION AMENDMENT OF LEASE NO. PRC 3792.1 WHEREAS, the State of California, acting through the State Lands Commission, hereinafter called Lessor,and, the City of Seal Beach, hereinafter called the Lessee,have heretofore entered into an agreement designated as Lease No. PRC 3792.1 (Lease), authorized by the State Lands Commission on February 27, 2018 and executed by the State Lands Commission on June 22, 2018, whereby Lessor granted to Lessee a General Lease-Public Agency Use covering certain State lands situated in Orange County;and WHEREAS,Section 3, Paragraph 16(e) provides that the Lease may be terminated and its terms, covenants and conditions amended, revised or supplemented only by mutual written agreement of the Lessor and the Lessee (hereinafter referred to as the Parties); and WHEREAS, by reason of the foregoing, it is now the desire of the Parties to amend the Lease. NOW THEREFORE, the Parties hereto agree as follows: • Amend Section 1, Authorized Improvements and Land Use or Purpose to include the construction, use, and maintenance of a 600-square-foot patio extension at the River's End Café. • Authorize, by endorsement, a sublease with a 20-year term, beginning February 12, 2018, of a portion of Lease No. 3792.1, from the City of Seal Beach to The Beach House at the River, LLC, for use and maintenance of RECEIVED By JUN 2 3 2022 OFFICE SERVICES a restaurant and restroom. • Revise Section 1, Consideration, from $125 per year to $140 per year, effective June 22, 2022. • Replace Exhibit C-3, Sublease Endorsement • Replace Exhibit B, Site and Location Map The effective date of this Amendment to the Lease shall be February 25, 2022. This Amendment is a portion of Lease No. PRC 3792.1, with a beginning date of June 22, 2016, consisting of four (3) sections with a total of thirty-six (36) pages, exclusive of this amendment All other terms and conditions of the Lease shall remain in full force and effect. This Amendment will become binding on the Lessor 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 Amendment as of the dates hereafter affixed. LESSEE: CITY OF SEAL BEACH STATE OF CALIFORNIA STATE LANDS COMMISSION C B,Y•' By: ian Robert Bug c Chief Title: �� Title: ( aad Management D vision Chief, Land Management Division Date: (o I s Date: JUL 1 8 2022 ACKNOWLEDGMENT Execution of this document was authorized by the California State Lands Commission on .� fzs(22 (Month Day Year) CALIFORNIA CERTIFICATE OF ACKNOWLEDGMENT ,K... x .�„KM...,oM.�:.;.,,.:.� �.. �.�,:ra.,,..,�..�.,,.�...or a..,.u. rq.Y,.. .�a..:K �K,,,K.�,��.,.;;�.�q, .,,.K,.�,, ,,., A notary public or other officer completing this certificate verifies only the identity of is the individual who signed the document to which this certificate is attached,and not i the truthfulness,accuracy,or validity of that document. 3 State of California ) Q County of CJV 6,�.c1� ) a a E a On\,.h�NK.Q'. 2 t 2O71 before me \-��\14k t%4'� .s.A ,a� 1 Ri to l' 6 , i p (here( sett name and title of the officer personally appeared V�1\ 42. 1vveY� I_VV 2 r - F who proved to me on the basis of satisfactory evidence to be the person whose namecpcis/arre subscribed to t the within instrument and acknowledged to me that he/she/they executed the same in 4 s/her/tf'reir authorized capacity(j), and that by- s/her/ttrefir signatureV on the instrument the persoi2K, or the entity 1 upon behalf of which the persor,$)acted,executed the instrument. i I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. DANA ENGSTROM Notary Public-California WITNESS my hand and official seal. _. orange county t p�ta � Cammiisian N 2396569 c n. My Camm.Exaires Ap.5,2026 F 1 r' JJl $ i S G "/ R Signature a .--- (Seal) i ;un w.••..T,.rw]yr A.,,n,m;.o..,,,tin.no,..m lw anAW uowmn;e ameran],wm s wnI•lii IT.nrnan....F46 .vmem .,wan.:,in ultra.,su..;.•rorwP>rw,.ra;wnv,¢,.,,,,,nown,r.+tin+arivwx aiwn..)..nw�ar..m0.1swarma....oremnpn,nxnvw.v- fl ^' %a :�� fl T o- ,w' - 'ter �r � g--:y:$1 yi—.., 9 Although the Information in this section is not required by law,It could prevent fraudulent removal and reattachment of this acknowledgment to Fr unauthorized document and may prove useful to persons relying on the attached document. * r'' Description of Attached Document Additional Information The preceding Certificate of Acknowledgment is attached to a document Att,e,tfiptra Signer Identification fr titled/for the purpose of ., 'Proved to me on the basis of satisfactory evidence: 0 form(s)of Identification 0 credible witnesses) Notarial event is detailed In notary journal on: containing pages,and dated Page# Entry n • The signer(s)capacity or authority is/are as: ,.,-.- Notary contact 0 IndivIdual(s) ❑Attorney-in-Fact Other ❑ Additional Signer(s) ❑ Signer(s)Thumbprint(s) Ell Corporate Officers) Tide(s) ❑ • ❑Guardian/Conservator ❑ Partner-Limited/General ❑Trustee(s) ❑Other. . representing: • • Name(s)of Person(s)or Entity(les)Signer is Representing 0 Copyright 2007-2017 Notary Rotary,PO Box 41400,Des Moines,IA 50311-0507.All Rights Reserved, Item Number 101772. Please contact your Authorized Reseller to purchase copies of this form. NO SCALE SITE (r ! sa !��f+ �y �: • 1 tis t w if bC �,C, ri\\� l � �sfir, T / ,,,'' +�' �%< • r i ° / *3 �+ P�AINTENANCE r ,,, �`+,y iK� e♦ t M 1��;, 'l,r .i,Ip ct„ '4'.:, 8 STORAGE z,, / ,N.1„ tg� 4. -ri ��,�8.3/ .1 ,!x ;,14 i�'�•7t/� .`jf a ` ``;Ti�°�`a���Y,1Z7� - - YARD ta�ti\ � s�! • /SEEDETAJL1 �', :.,I.-� ;. IT ` t. yy ' ,� 1 `�,.i' i frc.:N, i...:' ..f.,:?), ' '41".;/,,-;• .1:0k. _ */*, • • •2 ' � :.1"rs i:. �"�- PARKING 7t >r ,• PICNI LOT LEASE 'W a." AREA -': �4Y1'•�'/ RESTAURANT ` I?-d:+ AREA /t, RES RoaM 1 CONCRETE / (� DETAIL I ter ` SHEET PILE :. .� N\•} +�3 :� ! • �. „ ��� �• ' GROIN ail g • I ;e 7..;+r,,<_ y �. O ,fil� * 1°4/ O4'Q •v o R \.. • �2 �rti �Is�. it P.A. „A /' `ft44. Q r`.'o �4, PROPOSED 6>9(?lo'p,'/,�G _4��. o��r., PATIO AREA • -1 ti r �.% % i , =t500 SQ. FT. tioo o h�i/ 4 4. . ' •' ' �/ PROPOSED ''.� s/a0R 9R �/ �4 t . /T.1 PATIO AREA <q oti <o �/ ±100 SO. FT. 1'4,•S ' y'CS) T /�/ SEAL BEACH NO SCALE LOCATION Exhibit B Kid' F u 0 ' w l , , LEASE 3792 ,, 3 SEAL BEACH r -1 I 91'r• _ If=ter o a f I , CITY OF SEAL BEACH -�= P , , Sr( , SITE',; , ?�:-: .,1 -.- i GENERAL LEASE — / + _ 1° .;.�.... • l PUBLIC AGENCY USE pAe is .' •• I., , ,: h' ORANGE COUNTY '90 ,SEAL BEACH 5. .11: ! J �" .+. I I 1 f I f e SAN PEDRO r . `ram its . BAY / --..„4_,,._..s- v,,,1..,:—,,.___.,-.C. r ;.--,=:n^w ' Iv: ■ 1 f U L 1. _IrL� to '•� No •' V . �� "^ � I N \o, •s 1 �'J' A, U lt._+, 24 ��I1��4 k.p er h'a ; i '►�.� c' N '•i"�,E: USGS .-s-f�s_' ' •� VIIII6., MAP SOURCE: U QUAD This Exhibit is solely for purposes of generally defining the lease premises, is based on unverified information provided by the Lessee or other parties and is not intended to be, nor shall it be construed as, a waiver or limitation of any *IMMO State interest in the subject or any other property. SITE Willi MJF 1 212 7/2 02 1 Lease # PRC 3792 SUBLEASE ENDORSEMENT State of California State Lands Commission Pursuant to Commission Minute Item No. Doi dated February 25, 2022, the herein sublease between, City of Seal Beach and Beach House at the River, LLC, under a portion of State Lease #3792, is hereby approved. By: fr/,, ---- ---- Rober Brian Bugsch, Chief Land Management Division RECORDED AT THE REQUEST OF AND WHEN RECORDED MAIL TO: STATE OF CALIFORNIA California State Lands Commission Attn:Title Unit 100 Howe Avenue, Suite 100-South Sacramento,CA 95825-8202 STATE OF CALIFORNIA OFFICIAL BUSINESS Document entitled to free recordation pursuant to Government Code Section 27383 SPACE ABOVE THIS LIVE FOR RECORDER'S USE A.P.N. Venous County. Orange LEASE NO. PRC 3792.1 This Lease consists of this summary and the following attached and incorporated parts: Section 1 Basic Provisions Section 2 Special Provisions Amending or Supplementing Section 1 or 3 Section 3 General Provisions Exhibit A Land Description Exhibit B Site and Location Map Exhibit C-1,2, 3, and 4 Sublease Endorsements Exhibit D Reimbursement Agreement SECTION 1 BASIC PROVISIONS THE STATE OF CALIFORNIA,hereinafter referred to as Lessor acting by and through the CALIFORNIA 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 the CITY OF SEAL BEACH, hereinafter referred to as Lessee, those certain lands described in Exhibit A hereinafter referred to as Lease Premises, subject to the reservations, terms, covenants,and conditions of this Lease. Page 1 of 18 Pages MAILING ADDRESS: 211 8th Street Seal Beach,CA 90740 LEASE TYPE: General Lease—Public Agency Use LAND TYPE: Sovereign LOCATION: Pacific Ocean in the City of Seal Beach, Orange County.. as described in Exhibit A attached and by this reference made a part hereof. LAND USE OR PURPOSE: Use and maintenance of an existing pier with a life guard tower, 750- foot long concrete sheet pile groin, a maintenance building, a storage building,restaurant,public restroom,picnic area,raised planter areas with retaining walls,three parking lots, a tot lot with a perimeter wall, the construction, use, and maintenance of a seasonal flood control berm to prevent beach run-up during winter months, beach nourishment,and the seasonal placement, use,and maintenance of temporary lifeguard stations. TERM: 30 years; beginning June 22,2016; ending June 21,204E, unless sooner terminated as provided under this Lease. CONSIDERATION: $125 per annum, subject to modification by Lessor as specified in Paragraph 1 of Section 2—Special Provisions,and Paragraph 3(c)of Section 3 - General Provisions. AUTHORIZED IMPROVEMENTS: An existing pier with a life guard tower, 750-foot long concrete sheet pile groin,a maintenance and a storage building,restaurant,public restroom,picnic area,raised planter areas with retaining walls, three parking lots,a tot lot with a perimeter wall,a seasonal flood control berm to prevent beach run-up during winter months, beach nourishment, and the seasonal placement of temporary lifeguard stations. X EXISTING: N/A TO BE CONSTRUCTED; CONSTRUCTION MUST BEGIN BY: AND BE COMPLETED BY: LIABILITY INSURANCE: In an amount no less than$5,000,000 per occurrence. SURETY BOND OR OTHER SECURITY: N/A Page 2 of 18 Pages SECTION 2 SPECIAL PROVISIONS BEFORE THE EXECUTION OF THIS LEASE,ITS PROVISIONS ARE AMENDED, REVISED,OR SUPPLEMENTED AS FOLLOWS: 1. Paragraph 3 (c)of Section 3,General Provisions, is amended to replace the word"fifth"with the words"10th and 20th". Lessor reserves the right to revise the rent upon any extension or amendment of an existing sublease,or upon execution of a new sublease. 2. All future structural modifications or material changes to any of the Authorized ]Improvements other than routine repairs and maintenance will require Commission staff's review and approval prior to commencement of construction. In the event of an urgent repair requiring immediate action,notification shall be made through Lessor's 24-hour emergency response number at(562) 590-5201. 3. Special provisions relating to berm construction and beach nourishment. a. Any equipment to be used on the Lease Premises is limited to that which is directly required to perform the authorized use and shall not include any equipment that may cause damage to the Lease Premises or on other lands subject to Lessor's jurisdiction. b. No refueling,repairs,or maintenance of vehicles or equipment will take place on the Lease Premises or on lands subject to Lessor's jurisdiction. c. Each year prior to berm construction, Lessee shall send a copy of the berm coastal engineering plan to Lessor,and notify Lessor of the approximate dimensions of the berm, the approximate volume of sand material for construction, and the location of the sourced sand material d. Within 15 days after construction of the berm,Lessee shall provide to Lessor specifics related to the berm dimensions and volume of sand material used in the construction of the berm. e. Lessee shall notify Lessor within 5 business days of any repairs or additional nourishments needed to maintain the berm following the initial construction and prior to its final deconstruction. f. Lessee shall limit the time,equipment, and personnel active on the Lease Premises to the minimum amount necessary during berm construction and deconstruction. g. Berm construction and beach nourishment activities that necessitate sand material sourced from locations other than West Beach will require written authorization from the Lessor. 4. Lessee shall conduct an above water visual inspection by a qualified California Registered civil engineer annually. The inspection reports shall be duly stamped and signed by the engineer. The above water inspection report shall include all accessible components both above and below the deck including splash zone. This annual above water inspection report shall include but not limited to evaluation of existing structural conditions, structural condition assessment and its ratings with proposed remedial action, if any. This above water inspection shall include but not be limited to the following structural elements as applicable: a. Piles and pile caps b. Beams Page 3 of 18 Pages c. Deck soffit d. Bracing e. Connections f. Retaining walls and bulkheads g. Seawalls h. Slope protection i. Deck topsides and curbing j. Expansion joints k. Fender system components 1. Mooring points and hardware m. Navigation aids n. Ramps,platforms, landing,ladders, stairs,handrails, and gangways o. Backfill p. Electrical and mechanical components This inspection report shall be submitted for review by Lessor's engineering staff annually upon each anniversary date. The above water inspection may follow the then-current guidelines of "Waterfront Facilities Inspection and Assessment" Manual of Practice 130 by the American Society of Civil Engineers. 5. Every five years Lessee shall conduct a structural and utility safety assessment inspection report fort the Seal Beach Municipal Pier in compliance with the American Society of Civil Engineers (ASCE), Manuals of Practice 130—Waterfront Facilities Inspection and Assessment and the ASCE Standard Practice Manual. The structural assessment must be by a California registered civil/structural engineer. The structural assessment should include global seismic structural analysis with a vehicle parked on the structure, impact analysis for berthing, and other related assessments. Lessee shall provide a copy of the inspection report, to include any necessary remedial action plan,to Lessor for review.The inspection report shall be submitted on or before June 22,2021. 6. Lessee shall execute a Reimbursement Agreement substantially in the form as shown in Exhibit D (attached and by this reference made a part hereof)with Lessor to pay for any and all reasonable costs and expenditures paid or incurred by the Commission, its staff or both for review and approval of any plan or related materials required herein, including but not limited to any review or preparation of reports,documents or other actions as required pursuant to the California Environmental Quality Act(CEQA),plan reviews, and/or amendments. 7. Lessee acknowledges: a. The site may be subject to hazards from natural geophysical phenomena including, but not limited to,waves,storm waves,tsunamis, earthquakes,erosion,flooding,and sea-level rise ("climate change effects"). The risks posed to the site from these discrete processes, and the combined,additive impacts of multiple processes are anticipated to increase in severity over the term of the lease due to the localized effects of climate change. Specifically, climate change effects could expose the public restrooms,public beach, constructed berm, and pier infrastructure, including utility and sewer lines,to stronger and prolonged flooding events,requiring maintenance and repair beyond what is regularly needed. Adverse impacts from climate change effects on facilities within the lease area, particularly Page 4 of 18 Pages the public restrooms and sewer lines, could result in degradation of Public Trust resources and values, including water quality,recreation, and public safety. Future conditions may necessitate additional adaptation measures to increase the resiliency of the lease area to the impacts of sea-level rise and coastal climate change processes,as well as continuing to evaluate the effectiveness of the berm in protecting against these impacts. b. Lessee assumes the risks to the Lessee and to the property that is the subject of any Coastal Development Permit that is issued to Lessee for development on the Lease Premises, of injury and damage from such hazards in connection with the permitted development and use. c. Consistent with Section 3,Paragraph 8,the Lessee assumes the risks associated with such potential hazards and agrees to be solely responsible for all damages,costs, and liabilities arising as a result of the impacts of such hazards on the improvements within the Lease Premises. Any additional maintenance or protection strategies necessitated by such hazards may require additional approval by Lessor pursuant to Section 3,Paragraph 5(a)and be subject to environmental review. 8. Lessee acknowledges that the Lease Premises are subject to the Public Trust and are presently available to members of the public for recreation, waterborne commerce,navigation, fisheries, open space, and any other recognized Public Trust uses. Lessee also agrees that any proposed construction activities and subsequent use of the Lease Premises shall not unreasonably interfere with or limit Public Trust rights,and shall do so only to the extent necessary to protect public health and safety during construction activities authorized by Lessor,or when imminent threats to public health and safety are present. 9. Lessee shall provide Lessor with an annual summary,to include information identified below, by the anniversary date of each year, beginning March 1, 2019 or a date to be mutually agreed to by Lessee and Lessor's staff. The summary shall include the information requested in Section 2, Paragraph 3 (c)above,along with copies of any local monitoring information required by Lessee or other agencies or entities which relates to sea-level rise vulnerability, structural integrity, and adaptation capacity of the Lease Premises and the facilities therein. Information shall include, but is not limited to: • Sea-level rise and flooding vulnerability and risk assessments, • Updates or amendments to the Local Coastal Program, • Annual flooding frequency and extent, • Annual site photographs, • Schedule and nature of repair and maintenance operations, and • Coastal hazard remediation and removal. Pertinent information may be sourced from the Lessee itself or any other research conducted within the Lease Premises or adjacent land. 10. Five years prior to the expiration of this Lease, Lessee shall submit to Lessor a summary report that details resiliency planning efforts and adaptation strategies related to sea-level rise impacts within the Lease Premises. The report will include a record of flood frequency and extent, and protective measures taken to reduce flood risk to public and visitor serving facilities within the Lease Premises and upland property. It will also include annual records of the constructed berm's height, width, and volume,as well as the berm material's source location. Findings from the utility Page 5 of 18 Pages safety assessment inspection report for the Seal Beach Municipal Pier will also he summarized in the report as well as any emergency repairs made to other structures located in the Lease Premises. The contents of this report will enable Lessor and Lessee to assess the effectiveress of these planning efforts in maintaining and enhancing the resiliency of public trust resources and values within the Lease Premises subject to the risks associated with sea-level rise and climate change. 11. Lessee will require Commercial General Liability insurance of each sublessee in an amount of no less than$5,000,000 for all sub-leases or agreements for any activity occurring within the Lease Premises. 12, Pursuant to Section 3, Paragraph 11, Lessor consents to Lessee's sublease agreements through the Sublease Endorsements attached as Exhibits C-1,2, 3, and 4,provided that: a. Lessor's endorsement of a sublease does not bind the Lessor to the terms and conditions of such sublease in any way. b. In no event shall any sublease agreement relieve Lessee from any liability or release Lessee from any obligation under this Lease. c. Any sublessee's breach of the terms and conditions of this Lease shall be deemed a breach of this Lease by Lessee. d. If Lessee desires to sublet all or any portion of the Lease Premises, Lessee shall not be required to provide audited financial statements described in Section 3,Paragraph 11, subsection (d)(4), unless Lessor's staff determines that such statements are reasonably necessary to evaluate a proposed sublessee's ability to meet its obligations under this Lease or the proposed sublease. e. All other provisions of Section 3,Paragraph 11 remain unchanged. [Remainder of Page Intentionally Left Blank] Page 6 of 18 Pages SECTION 3 GENERAL PROVISIONS 1. GENERAL In the case of any conflict between these General Provisions and Special Provisions found in Section 2,the Special Provisions control. 2. DEFINITIONS For the purposes of this Lease,the following terms shall be defined as stated below: "Additions"shall be defined as any use or Improvements other than those expressly authorized in this Lease. "Alterations"shall be defined as any material change in the size,scope, density,type,nature,or intensity of Improvements on the Lease Premises from what is authorized in this Lease. Alterations shall also include any modifications,alterations,or renovations of the land or waterways on the Lease Premises other than those authorized by this Lease. "Breach"shall be defined as a parry's unjustified or unexcused nonperformance of a contractual duty the party is required to immediately perform. "Damages"shall include all liabilities,demands,claims,actions or causes of action whether regulatory,legislative or judicial in nature; all assessments, levies, losses, fines, penalties, damages, costs and expenses, including, without limitation (i) reasonable attorneys', accountants',investigators',and experts' fees and expenses sustained or incurred in connection with the defense or investigation of any such liability,and(ii)costs and expenses incurred to bring the Lease Premises into compliance with Environmental Laws,a court order, or applicable provisions of a Regulatory Agency. The term"Damages"also includes,expressly,those Damages that arise as a result of strict liability,whether arising under Environmental Laws or otherwise. "Default"shall be defined as a material Breach of magnitude sufficient to justify termination of the Lease. "Environmental Law" shall be defined as and include all federal, state, and local environmental, health, and safety laws, statutes, ordinances,regulations,rules,judgments,orders,and notice requirements,which were in effect as of the date of execution of this Lease or are subsequently enacted and lawfully applied hereto,which regulate or relate to(a)the protection or clean.up of the environment;(b) the use,treatment,storage,transportation,handling or disposal of hazardous,toxic or otherwise dangerous substances,wastes or materials; (c)the quality of the air and the discharge of airborne wastes, gases,particles,or other emissions;(d)the preservation or protection of waterways,groundwater,or drinking water,(e)the health and safety of persons or property;or(f)impose liability with respect to any of the foregoing, including without limitation, the California Environmental Quality Act (CEQA) [PRC §§ 21000 et seq.]; the Comprehensive Environmental Response,Compensation and Liability Act of 1980(CERCLA)[42 USCS§§9601 et seq.];the Resource Conservation and Recovery Act of 1976 (RCRA) [42 USCS §§6901 et seq.]; the Clean Water Act, also known as the Federal Water Pollution Control Act(FWPCA)[33 USCS §§ 1251 et seq.];the Toxic Substances Control Act(TSCA)[15 USCS§§260I et seq.];the Hazardous Materials Transportation Act(HMTA)[49 USCS §§ 1801 et seq.];the Insecticide,Fungicide,Rodenticide Act[7 USCS §§ 136 et seq.];the Superfund Amendments and Reauthorization Act [42 USCS §§6901 et seq.]; the Clean Air Act [42 USCS §§ 7401 et seq.];the Safe Drinking Water Act[42 USCS §§ 300f et seq.];the Solid Waste Disposal Act [42 USCS §§6901 et seq.]; the Surface Mining Control and Reclamation Act[30 USCS§§ 1201 et seq.];the Emergency Planning and Community Ril.ht to Know Act[42 USCS §§ 11001 et seq.];the Occupational Safety and Health Act[29 USCS§§655 and 657];the California Underground Storage of Hazardous Substances Act[H&S C§§25280 et seq.];the California Hazardous Substances Account Act[H&S C§§25300 et seq.];the California Hazardous Waste Control Act[H&S C§§25100 et seq.];the California Safe Drinking Water and Toxic Enforcement Act[H&S C§§ 24249.5 et seq.]; the Porter-Cologne Water Quality Act [Water C §§ 13000 et seq.] together with any amendments of or regulations promulgated under the statutes cited above. "Hazardous Material"shall be defined as and include any substance which falls within the definition of hazardous substance,hazardous waste,hazardous material,toxic substance,solid waste,pollutant,or contaminant,under any Environmental Law. "Improvements"shall be defined as any modification,alteration,addition,or removal of any material,and any other action which serves to change the condition of the Lease Premises from the natural state whether situated above, on, or under the Lease Premises. Improvements include,but are not limited to buildings,structures, facilities,decks,docks, wharves,piers,walks,curbs,bridges,buoys, landscaping,roadways, shoreline protective structures of all types, foundations, pilings or similar support structures whether above or below the water line,fences,utilities,pipelines,and any other construction of any type situated on the Lease Premises. "Lease"shall be defined as this lease contract together with all amendments and exhibits. "Lease Premises"shall be defined as the area of land, together with any improvements located thereon,the use and occupancy of which Form51.16(Rev. 10/14) Page 7 of 18 Pages is authorized by this Lease. "Lessor" shall be defined as the state of California, acting by and through the California State Lands Commission, including the Commissioners,their alternates and designates,the Executive Officer,and the staff of the California State Lands Commission. "Regulatory Agency"shall include any Federal,State,County,Municipal,or Local agency having jurisdiction over the Lease Premises. "Repairs"shall be defined as all work of any kind made to maintain, change,restore,strengthen,replace, alter, or otherwise affect any Improvement on the Lease Premises. "Residence"shall be defined as any Improvement,whether permanent,movable,or temporary,or a portion thereof,which is for the time being a home or place of lodging. A Residence includes any Improvement affixed to the land such as trailers or cabins,built on a raised foundation such as stilts or pilings,and floating residences such as boats,barges, arks, and houseboats, and any combination of such Improvements which provide residential accommodations to the Lessee or others. "Residence"shall not include transitory,intermittent, recreational use of facilities such as campgrounds. "Residential Use" shall be defined as Improvements such as, but not limited to,sundecks, and sunrooms which are extensions of,or additions to, the upland property and are not water-dependent uses. Although the various uses or Improvements which may fall under this definition may vary by geographic area, lease type,or other factors,it is the intention of the parties to include in this definition all uses and Improvements which are not water-dependent but residential in nature,or those uses and Improvements which are not consistent with common law public trust principles and values. 3. CONSIDERATION (a)Absolute Triple Net Lease This Lease is an absolute triple net lease,pursuant to which Lessor has no obligation with respect to the payment of taxes, insurance, the cost of maintenance, utilities and repairs or other costs or obligations associated with the Leased Premises, except as expressly stated herein. (b)Rent Lessee agrees to pay Lessor rent as stated in this Lease,in annual installments,for the use and occupancy of the Lease Premises. The first installment shall be due on or before the beginning date of this Lease and all subsequent installments shall be due on or before each anniversary of its beginning date during each year of the Lease term,or as otherwise provided in this Lease. Said sums shall be paid in lawful money of the United States of America. Lessee shall send said rent to the mailing address of Lessor. Timeliness of receipt of remittances sent by mail shall be governed by the postmark date as stated in Government Code Section 11002. Invoices for rent due may be provided by Lessor as a courtesy. Lessor's failure to,or delinquency in,providing invoices shall neither excuse Lessee from paying rent,nor extend the time for paying rent. (c)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(I)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 of the beginning date.No such modification shall become effective unless Lessee is given at least thirty (30)days'notice prior to the date of the Commission meeting wherein the rent modification is considered,or thirty(30)days'notice prior to the effective date of the increase,whichever provides a greater notice period. If the consideration for this Lease is based on a percentage of income, royalties, profits,or any similar business performance indicators,Lessee shall provide Lessor with financial statements and all other documents necessary to determine the relevant basis for income. (d)Penalty and interest Any installments of rent accruing under this Lease not paid when due shall be subject to a delinquency charge equal to five percent(5%)of the principal sum due. Annual payments shall bear interest as specified in Public Resources Code Section 6224 and the Lessor's then existing administrative regulations governing penalty and interest. (e)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 Lessor, at its sole discretion, determines that such action is in the best interest of the State. Lessee's assignment or transfer of this Lease pursuant to Section 3 Paragraph 11 below to any third party which Form5 l.16(Rev. 10/14) Page 8 of 18 Pages results in royalties,profits,or any form of compensation,whether monetary or otherwise,shall give Lessor the right to reevaluate the requirements of this Lease as stated in Section 3 Paragraph 11. Lessee shall be given at least thirty(30)days'notice prior to the date of the Commission meeting wherein the rent modification is considered,or thirty(30)days'notice prior t)the effective date that this Lease is converted to a monetary rental,whichever provides more notice. (f)Place for Payment of Rent All rent that becomes due and payable under this Lease shall be paid to Lessor in person or by United States mail at the Sacramento Offices of the California State Lands Commission,currently at 100 Howe Avenue,Suite 100-South,Sacramento,CA 95825-8202,or at any other place or places that Lessor may designate by written notice to Lessee. Alternately,Lessee may.ontact Lessor's accounting department for Lessor's current practices for payment by credit card or electronic fund transfer. 4. BOUNDARIES This Lease is not intended to establish the State's boundaries and is made without prejudice to either pasty regarding any boundary or title claims which may be asserted presently or in the future. 5. LAND USE (a)General (1) 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(40)days of the date set for construction to commence as set forth in this Lease,whichever is later. (2) All demolition, construction,remodeling,reconstruction, maintenance, repairs, removal, or remediation performed on the Lease Premises at any time by Lessee shall first be authorized by all appropriate Regulatory Agencies. Lessee is solely responsible for determining what approvals,authorizations,or certifications are required,and shall be solely responsible for all costs incurred thereby. In addition,Lessee shall obtain and comply with preventative or remedial measures required by any environmental reports,assessments,or inspections,including,but not limited to those required by the.California Environmental Quality Act and/or the National Environmental Policy Act,or as otherwise required by law or reasonably requested by Lessor. Nothing in this Lease shall be interpreted as a pre-approval of any permit,certification,or any other precondition required for the use of the Lease Premises. (b)Continuous Use Lessee's use of the Lease Premises shall be continuous from commencement of the Lease until its expiration. Lessee's discontinuance of such use for a period of ninety(90)days shall be presumed to be an abandonment unless Lessee demonstrates to Lessor's satisfaction that Lessee's use of the Lease Premises is consistent with similarly situated properties. In the event of an abandonment,Lessor may elect to terminate the Lease as provided in Paragraph I2(a)(3). Abandonment of the Lease Premises shall not relieve Lessee of any obligations under this Lease. (c)Repairs and Maintenance (1)Lessor shall not be required to make any Repairs in,on,or about all or part of the Lease Premises. Lessee shall,at all times during the term of this Lease and without any cost or expense to Lessor,keep and maintain the Lease Premises, including all Improvements,in good order and repair and in a clean,safe,sanitary,and orderly condition. (2)Lessee shall make,or cause to be made,any Repairs which may be required by any Regulatory Agency. Lessee shall observe and comply with,any law,statute,ordinance,plan,regulation,resolution,or policy applicable to the Lease Premises in making such Repairs. All work shall be performed with reasonable diligence,completed within a reasonable :ime,and performed at the sole cost and expense of Lessee. (3)Lessee expressly accepts the Lease Premises"as is"and expressly acknowledges that: (i) Lessor has made no representations or warranties as to the suitability of the Lease Premises for any Improvements. Lessee shall conduct all tests necessary to determine the suitability of the Lease Premises for any proposed use or Improvements authorized;and (ii)Lessor has made no representations or warranties as to the quality or value of any Improvements found on the Lease Premises,or of their conformity to any applicable building codes,zoning ordinances,or other regulations. Lessee agrees to inspect any preexisting Improvements at its own cost to determine whether such Improvements ate safe and suitable for the Form51.16(Rev. 10/14) Page 9 of 18 Pages Lessee's intended use;and (iii)Lessee shall neither be entitled to any reduction in rent,nor any extension of the terms of this Lease because of damage to or destruction of any Improvements on the Lease Premises. (iv)Lessee and Lessor agree that any Improvements on the Lease Premises constitute the personal property of Lessee and that fixture law does not apply. (4) In the event that the Lease Premises is partly,or in whole,comprised of tidal, submerged, or waterfront property, Lessee expressly accepts the hazards involved in using or improving such lands. Lessor is not responsible for,and Lessee shall not be reimbursed for nor receive any offset of rent for,any damages or reduced use of the Lease Premises caused by: local or invasive flora or fauna, flooding,erosion, sea level rise, storms, freezing, inclement weather of any kind, acts of god, maintenance or failure of protective structures,and any other such hazards. (d)Additions,Alterations,and Removal 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. Any Additions or Alterations are expressly prohibited. Lessee is also prohibited from any Additions or Alterations which cause a material change to the environmental impact on or around the Lease Premises. (e)Enjoyment This Lease is non-exclusive, and is subject to the provisions of Section 3, Paragraph 6 below. Lessee shall have the right to exclude persons from the Lease Premises only when their presence or activity constitutes a material interference with Lessee's use and enjoyment of the Lease Premises. (f)Discrimination Lessee,in its use of the Lease Premises,shall not discriminate against any person or class of persons on any basis protected by federal, state, or local law, including: race, color, creed, religion, national origin, sex, sexual orientation, gender identity, age, marital/parental status,veteran status,or disability. (g)Residential Use Unless otherwise provided for in this Lease,no portion of the Lease Premises shall be used as a location for a Residence,for the purpose of mooring or maintaining a structure which is used as a Residence,or for Residential Uses. (h) Commercial Use Unless otherwise provided for in this Lease,the Lease Premises is to be used by Lessee and Lessee's invitees or guests only. Use of the Lease Premises for commercial purposes;conducting a business,whether for profit or otherwise;and any subleasing, rental,or'any transaction whereby Lessee directly or indirectly receives compensation from a third party in exchange for use of the Lease Premises shall constitute an immediate Default of this lease with no cure period. 6.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 timber,minerals, and geothermal resources as defined under Public Resources Code sections 6401, 6407, and 6903, respectively; the right to grant and transfer the same; as well as the right to grant leases in and over the Lease Premises which may be necessary or convenient for the extraction of such natural resources. 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 purposes 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 reasonable access to the Lease Premises across Lessee owned or occupied lands adjacent to the Lease Premises for any purpose associated with this Lease. (3)Lessor expressly reserves to the public an easement for convenient access across the Lease Prem ses 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 easement or right-of-way shall be neither inconsistent nor incompatible with the rights or privileges of Lessee under this Lease. Form51.16(Rev. 10/14) Page 10 of 18 Pages (4)I rccor 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 The Lease Premises may be subject to pre-existing contracts, leases, licenses, easements, encumbrances, and claims and is made without warranty by Lessor of title,condition,or fitness of the land for the stated or intended purpose. 7. RULES, REGULATIONS,AND TAXES (a)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 Regulatory Agency. Occupancy or use of the Lease Premises provides no exemption from applicable regulations including,but not limited to,federal,state,county and local regulations,regulations promoting public health, safety, or welfare, building codes, zoning ordinances, and sanitation regulations. Lessee expressly acknowledges that Regulatory Agencies have jurisdiction over the Lease Premises unless such laws are in direct conflict with state law or public trust principles. (b)Lessee understands and agrees that a necessary condition for the granting and continued existence•Df this Lease is that Lessee obtains and maintains all permits or other entitlements. Lessee expressly acknowledges that issuance of this Lease does not substitute for,or provide preference in obtaining authorizations from other Regulatory Agencies. (c)Taxes (I) In addition to the rent due under this Lease, Lessee accepts responsibility for and shall pay any and all real and personal property taxes, including possessory interest taxes, assessments, special assessments, user fees, service charges, and other charges of any description levied, imposed on,assessed,or associated with the leasehold interest, Improvements on the Lease Premises,any business or activity occurring on the Lease Premises,the Lease Premises itself,or any portion thereof, levied by any governmental agency or entity. Such payment shall not reduce rent due Lessor under this Lease and Lessor shall have no liability for such payment, (2)In the event that this Lease commences,terminates or expires during a tax year,Lessee shall pay the taxes for the period of such year during which this Lease was in effect (3)Any and all taxes and assessments and installments of taxes and assessments required to be paid by Lessee under this Lease shall be paid when due and the official and original receipt for the payment of such tax, assessment, or installment shall be delivered to Lessor upon request. (4)Lessee shall indemnify and hold Lessor, the Lease Premises, and any Improvements now or hereafter located thereon, free and harmless from any liability,loss,or Damages resulting from any taxes,assessments,or other charges required by this Lease to be paid by Lessee and from ail interest,penalties,and other sums imposed thereon and from any sales or other proceedings to enforce collection of any such taxes,assessments,or other charges. 8. INDEMNITY (a) Lessee's use of the Lease Premises and any Improvements thereon is at Lessee's sole and exclusive risk. (b) In addition to any other obligation to indemnify Lessor as otherwise provided in this Lease, except in the extent caused by the sole negligence and/or willful misconduct of the Lessor,Lessee shall indemnify,hold harmless,and,at the option of Lessor,defend Lessor, its officers, agents, and employees from any and all Damages resulting from Lessee's occupation and use of the Lease Premises. Lessee shall reimburse Lessor in full for all reasonable costs and attorneys'fees,specifically including,without limitation, any Damages arising by reason of: (1)The issuance,enjoyment,interpretation,Breach,or Default of this Lease;(2)The challenge to or defense of any environmental review upon which the issuance of this Lease is based;(3)The death or injury of any person,or damage to or destruction of any property from any cause whatever in any way connected with the Lease Premises,or with any of the Improvements or personal property on the Lease Premises;(4)The condition of the Lease Premises,or Improvements on the Lease Premises;(5)An act or omission on the Lease Premises by Lessee or any person in,on,or about the Lear Premises;(6)Any work performed on the Lease Premises or material furnished to the Lease Premises;(7)Lessee's failure to comply with any material legal or other requirement validly imposed on Lessee or the Lease Premises by a Regulatory Agency. (c) The reimbursement provisions of this Paragraph 8 shall not apply to any claims,litigation,or other actions which may be brought by either Lessee or Lessor against each other. (d) Nothing in this paragraph shall be construed as requiring that Lessor defend itself against all or any,aspect of any challenge to this Lease or any associated environmental review. However,Lessee may take whatever legal action is available to it to defend this Form51.16(Rev. 10/14) Page 11 of 18 Pages Lease or any associated environmental review against any challenge by a third party,whether or not Lesser chooses to raise a defense against such a challenge. (e) Lessee shall notify Lessor immediately in case of any accident,injury,or casualty on the Lease Premises. 9. INSURANCE (a) Lessee shall obtain and maintain in full force and effect during the term of this Lease comprehensive general liability insurance and property damage insurance, with such coverage and limits as may be reasonably requested by Lesser from time to time,but in no event for less than the sum(s) specified against any and all claims or liability arising out of the ownership, use, occupancy, condition,or maintenance of the Lease Premises and all Improvements. (b) The insurance policy shall identify the Lease by its assigned number. The specific Improvements shall also be generally identified,as well as their location on state owned property. The coverage provided shall be primary and non-contributing. Lessee shall keep such policy current. Lessor shall be named as a"certificate holder"and/or an"additional interest"on the policy. Lessee shall provide Lessor with a current certificate of insurance at all times. At Lessor's request,Lessee shall provide a full copy of the current insurance policy,along with any and all endorsements or other such documents affecting the coverage. Lessor will not be responsible for any premiums or other assessments on the policy. (c)The insurance coverage specified in this Lease shall be in effect at all times during the Lease term and subsequently until Lessor has either accepted all of the Lease Premises as improved or restored by Lessee as provided elsewhere in this Lease. Lessee shall notify Lessor within five(5)business days if the insurance is canceled for any reason. 10. SURETY BOND (a)When required by Section I of this Lease,Lessee shall provide a surety bond or other security device acceptable to Lessor,for the specified amount,and naming the State of California, California State Lands Commission as the assured,to guarantee to I.essor 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 Lily additionally authorized Improvements,any modification of consideration,or to provide for inflation or other increased need for security. The surety bond or other security device may be increased 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(I)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 date of the Commission meeting wherein the modification of the bond or security is considered,or thirty(30)days' notice prior to the effective date of the increase, whichever provides more notice. (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 Lessor has either accepted all of the Lease Premises as improved or restored by Lessee as provided elsewhere in this Lease. Lessee must first seek approval of Lessor before changing the type of security device used,or the bond holder. 11.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. (1)Notwithstanding the foregoing prohibition against transfer and assignment, the).ease may be transferred by Lessee if the transfer is caused by the death of a spouse and the full interest of the deceased spouse is transferred to a surviving spouse;or the transfer is caused by the dissolution of the marriage of Lessee and the full interest of one of the spouse:,is transferred to the other spouse. In the event of such a transfer,Lessor shall be notified in writing within 30 days of the transfer. (2)Notice to Lessor of Successor Trustee(s): In the event this Lease is held in trust, and the Lessee is a trustee thereof, the substitution or succession of a new trustee shall not be an assignment or transfer for the purposes of th;s Paragraph. Lessee(and by operation of law,any successor trustee)agrees to provide prompt notice to Lessor of any succession or substitution of trustee in accordance with Paragraph 16(c)of General Provisions,no later than sixty(60)days after the named trustee as appears on the face of this Lease becomes unable or ceases to serve as trustee for any reason. (b)The following shall be deemed to be an assignment or transfer within the meaning of this Lease: (I)If Lessee is a business entity,any dissolution,merger,consolidation or other reorganization of Lessee,or the sale or other Form51.16(Rev. 10/14) Page 12 of 18 Pages transfer of substantially all the assets of Lessee.If Lessee is a publicly traded entity,transfers of interests in Lessee shall not constitute an assignment requiring the consent of Lessor. (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 appurtenant to adjoining littoral or riparian land,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 transfer all or any portion of the Lease Premises,Lessee shall do all of the following: (1)Give not less than 90 days'prior written notice to Lessor; (2)Provide the name, complete business organization, operational structure, and formation documents 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 party or other transferee. (3)Provide the terms and conditions of the proposed assignment, sublease,or encumbrance 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. (6) 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. Lessor may reevaluate the rent, insurance and/or bond provisions of this Lease, and may condition its approval of the proposed assignment, sublease, hypothecation, mortgage, or otter transfer on the party's acceptance of the new terms. Lessee's rights stated in this paragraph shall apply regardless of whether the proposed transfer coincides with a regular rent review period as stated in Section 3 Paragraph 3(c)above. (f)Lessee's mortgage or hypothecation of this Lease, if approved by Lessor,shall be subject to terms and conditions imposed by a separately negotiated encumbrancing agreement. (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 or activities on the Lease Premises;except as to any 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 Lessee's tenancy. (h)If the Lessee files a petition or an order for relief is entered against Lessee,under Chapters 7,9, 11 or 13 of the Bankruptcy Code (11 USC Sect. 101,et seq.)then the trustee or debtor-in-possession must elect to assume or reject this Lease within sixty(60)days after filing of the petition or appointment of the trustee,or the Lease shall be deemed to have been rejected,and Lessor shall be entitled to immediate possession of the Lease Premises.No assumption or assignment of this Lease shall be effective unless it is in writing and unless the trustee or debtor-in-possession has cured all Defaults under this Lease(monetary and non-monetary)or has provided Lessor with adequate assurances(1)that within ten(10)days from the date of such assumption or assignment,all monetary Defaults under this Lease will be cured;and (2)that within thirty (30)days from the date of such assumption,all non-monetary Defaults under this Lease will be cured;and(3)that all provisions of this Lease will be satisfactorily performed in the future. Form51.16(Rev. 10/14) Page 13 of 18 Pages • (i) In the event of any transfer or assignment,under this Paragraph II or by any other means authorized by this Lease, the Lease terms shall be for the remaining years existing on the Lease prior to the transfer or assignment. A transfer or assignment shall not extend the term of this Lease. 12.DEFAULT AND REMEDIES (a)Default The occurrence of any one or more of the following events shall immediately and without further notice constitute a Default of this Lease: (1)Lessee's failure to make any payment of rent,royalty,or other consideration as required under this Lease; or (2)Lessee's failure to obtain or maintain liability insurance or a surety bond or other security device as required under this Lease;or (3)Lessee's abandonment of the Lease Premises(including the covenant for continuous use as provided for in Paragraph 5(b)) during the Lease term;or (4)Lessee's failure to obtain and maintain all necessary governmental permits or other entitlements; or (5)The maintenance of the Lease Premises in violation of, or failure to comply with, any applicable provisions of any Regulatory Agency,Environmental Law,or maintenance of the Lease Premises in a condition constituting nuisance;or (6)Lessee's Failure to commence to construct and to complete construction of the Improvements authorized by this Lease within the time limits specified in this Lease. (7)Lessee is found to sublet or otherwise surrender daily management and control of the Lease Premises to a third party without the knowledge,expressed written consent or authorization of the Lessor. (b) Lessee's failure to observe or perform any other term,covenant,or condition of this Lease when such failure shall continue for a period of thirty(30)days after Lessor's giving written notice shall constitute a Default of this lease. However, if the nature of Lessee's Default under this paragraph is such that more than thirty(30)days are reasonably required for its cure,then Lessee shall not be deemed to be in Default if Lessee commences such cure within such thirty(30)day period and diligently proceeds with such cure to completion. (c) Should Lessee Breach any term,covenant,or condition of this I.rnse under Paragraph 12(b)above three(3)times in any three hundred and sixty-five(365)day period,the third Breach will be a Default under this Lease and Lessor will be entitled to immediately terminate this Lease,and take other appropriate action. Lessor will provide written notice of each Breach as provided above, and provide written notice that future Breaches will constitute immediate Default with no cure period. (d) Remedies In the event of a Default by Lessee and Lessee's failure to cure such Default if such a cure period is applicable,Lessor may at any time and with or without notice do any one or more of the following in addition to any rights or remedies permitted by law: (1)Re-enter the Lease Premises,remove all persons and property,and repossess and enjoy such premises; or (2)Terminate this Lease and Lessee's right of possession of the Lease Premises by any lawful means.The termination shall not relieve Lessee of any obligation, monetary or otherwise, which has accrued prior to the date of termination. Such termination shall be effective upon Lessor's giving written notice and upon Lessee's receipt of ;uch notice. Lessee shall immediately surrender possession of the Lease Premises to Lessor. Lessor shall be entitled to recover from Lessee all amounts to which Lessor is entitled pursuant to Section 1951.2 of the California Civil Code, or any other provision of law, including any necessary Repair,renovation,alteration,remediation,or removal of Improvements;or (3)Maintain this Lease in full force and effect and recover any rent,royalty,or other consideration as it becomes due without terminating Lessee's right of possession regardless of whether Lessee shall have abandoned the Lea.;e Premises, subject to the conditions imposed by Cal.Civil Code§ 1951.2;or (4)Exercise any other right or remedy which Lessor may have at law or equity. Form51.16(Rev. 10/14) Page 14 of 18 Pages (e) Determination of Rental Value If rent under this Lease is calculated as a percentage of Lessee's income attributable to the Lease Premises and Lessee abandons the Lease Premises during some or all of the applicable period,then the reasonable rental value shall be the percentage of proceeds Lessor would have received had Lessee operated the Lease Premises in the usual and customary manner. (f) Waiver of Rights The failure or delay of either party to exercise any right or remedy shall not be construed as a waiver of such right or remedy or any Breach by the other party. Lessor's acceptance of any rent shall not be considered a waiver of any preexisting Breach by Lessee other than the failure to pay the particular rent accepted regardless of Lessor's knowledge of the preexisting Breach at the time rent is accepted. 13.RESTORATION OF LEASE PREMISES AND ENVIRONMENTAL MATTERS (a) Restoration of Lease Premises (1)Upon expiration or sooner termination of this Lease,Lessee must immediately surrender possession of the Lease Premises to Lessor. Prior to the time of surrender, Lessee must remove all or any Improvements together with the debris and all parts of any such Improvements at its sole expense and risk, regardless of whether Lessee actually constructed or placed the Improvements on the Lease Premises;or Lessor, at its sole and absolute discretion,may itself remove or have removed all or any portion of such Improvements at Lessee's sole expense. Lessor may waive all or any part of this obligation in its sole discretion if doing so is in the best interests of the State. (2)As a separate and related obligation,Lessee shall restore the Lease Premises as nearly as possible to the conditions existing prior to the installation or construction of any Improvements. For purposes of this Lease,restoration includes removal of any landscaping;removal of any Hazardous Materials;and to the extent possible, undoing any grading, till,excavation,or similar alterations of the natural features of the Lease Premises. Lessor may waive all or any part of this obligation in its sole and absolute discretion. (3)Unless otherwise provided for in this Lease,Lessee shall submit to Lessor no later than one(1)year prior to the expiration of this Lease either:(a)an application and minimum expense deposit for a new lease for the continued use of the Lease Premises, or(b)a plan for the restoration of the Lease Premises to be completed prior to the expiration of the lease term together with a timeline for obtaining all necessary permits and conducting the work prior to the expiration of this Lease. (4)In removing any or all Improvements,or conducting any restoration work,Lessee shall be required to obtain any permits or other governmental approvals as may then be required by any Regulatory Agency, including, without limitation, any Environmental Law. (5)Lessor may,upon written notice,in its sole and absolute discretion,accept title to any or all Improvements at the termination of this Lease. Lessor shall notify Lessee that Lessor intends to take title to any or all Improvements within six(6)months of Lessee submitting a plan for restoration under Paragraph 13(a)(3)(b) above. If Lessor elects to take title to any such Improvements,Lessee shall deliver to Lessor such documentation as may be necessary to convey title to such Improvements to Lessor free and clear of any liens,mortgages,loans,or any other encumbrances. Lessor shall not pay,and Lessee shall not be entitled to compensation for Lessor's taking title to such property. (b) Environmental Matters (1)Lessee's Obligations: (i)Lessee will not use,occupy, or permit any portion of the Lease Premises to be used or occupied in violation of any Environmental Law. Lessee shall not manufacture or generate or store Hazardous Material on the Lease Premises unless specifically authorized under other terms of this Lease. (ii)Lessee shall practice conservation of water,energy,and other natural resources. (iii)Lessee shall notify Lessor and the appropriate governmental emergency response agency,or agencies immediately in the event of any release or threatened release of any Hazardous Material. (2)Lessor may at any time during the Lease term require Lessee to conduct at its own expense and by s contractor approved by Lessor an independent environmental site assessment or inspection for the presence or suspected presence of Hazardous Material generated,used,placed,disposed,stored,or transported on the Lease Premises during the term of the Lease. Lessee Form51.I6(Rev. 10/14) Page 15 of 18 Pages shall provide the results of the assessment or inspection to Lessor and the appropriate governmental response agency or agencies and shall further be responsible for removing or taking other appropriate remedial action regarding such Hazardous Material in accordance with applicable Environmental Law. (3)Environmental Indemnity. Lessee shall indemnify, defend, and hold Lessor and Lessor's, officer, appointees, volunteers, employees, agents, successors and assigns free and harmless from and against all Damages that may at any time be imposed upon,incurred by,or asserted or awarded against Lessor in connection with or arising from any Breach of Lessee's obligations hereunder;or out of any violation by Lessee of any Environmental Law;or resulting in the imposition of any lien or claim for the recovery of any costs for environmental cleanup or other response costs relating to the release or threatened release of Hazardous Materials on the Lease Premises during the Lessee's tenancy. This obligation shall include any prior leases between Lessor and Lessee and will continue through any periods Lessee is in holdover,unlawful detainer,or any subsequent month-to-month tenancies created by operation of law. Lessee's obligations hereunder will survive the expiration or sooner termination of this Lease. (4)Violation of this section shall constitute grounds for termination of the Lease.Lessor,shall notify Lessee when,in Lessor's opinion,Lessee has violated the provisions of this section. Lessee shall immediately discontinue the conduct and respond within five(5)business days. Lessee shall take all measures necessary to remedy the condition. 14. QUITCLAIM Lessee shall, upon the early termination of this Lease and at Lessor's request,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;Lich a release, Lessor may record a written notice reciting such failure or refusal. This written notice shall, from the date of its recordation, be conclusive evidence against Lessee of the termination of this Lease and all other claimants. 15. HOLDING-OVER (a) This Lease shall terminate without further notice upon the expiration of the term of this Lease. Lessee shall have removed any Improvements and completed any restoration as required by Lessor prior to the expiration of this Lease, and shall surrender possession of the Lease Premises. Any failure by the Lessee to remove improvements,restore the Lease Premises,and/or surrender possession of the Lease Premises at the expiration or sooner termination of this Lease shall not constitute a renewal or extension and shall not give Lessee any rights in or to the Lease Premises or any part thereof except as expressly pro vided in this Lease.Lessee shall be deemed in unlawful detainer of the Lease Premises and Lessor shall be entitled to all resulting legal remedies. (b) Lessor may, in its sole discretion,choose to accept Rent for the Lease Premises instead of immediately taking legal action to recover possession of the Lease Premises. Any tenancy created by operation of law on Lessor's acceptance of rent shall be deemed a month-to-month tenancy regardless of what sum or sums Lessee delivers to Lessor. Except as set forth below,any subsequent tenancy created in this manner shall be on the same terms,covenants,and conditions set forth in this Lease insofar as such terms, covenants,and conditions can be applicable to a month-to-month tenancy (c) In recognition of the increased accounting,land management,and supervisory staff time required for month-to-month tenancies, the rent for each month or any portion thereof during such holdover period may be an amount equal to one hundred fifty percent (150%)of one-twelfth (1/12)of the total compensation for the most recent year paid. In the event this Lease does not require monetary compensation,Lessor shall have the right to establish rent based on the fair market value of the Lease Premises. The month-to-month tenancy may be terminated by Lessee or Lessor upon thirty(30)calendar days'prior written notice to the other. 16. ADDITIONAL PROVISIONS (a)Waiver (1)No term,covenant,or condition of this Lease and no omission,neglect,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. No delay or omission of Lesser to exercise any right or power arising from any omission,neglect,Default or Breach of term,covenant,or condition of this Lease shall be construed as a waiver or any acquiescence therein. (2)Any such waiver shall not be deemed to be a waiver of any other term,covenant or condition;of any successive Breaches of the same term,covenant,or condition;or of any other Default or Breach of any term,covenant or:ondition of this Lease. (b) Time Time is of the essence for this Lease and each and all of its terms,covenants or conditions in which performance is a factor. Form51.16(Rev. 10/14) Page 16 of 18 Pages (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 section and paragraph captions used in this Lease are for the convenience of the parties. The captions are not controlling and shall have no effect upon the construction or interpretation of this Lease. (i) Severability If any term,covenant or condition of this Lease is determined by a court of competent jurisdiction to be invalid or unenforceable, the remainder of this Lease shall not be affected thereby,and each term and provision of this Lease shall remain valid and enforceable to the fullest extent permitted by law. (j) Representations Lessee agrees that no representations have been made by Lessor or by any person or agent acting for Lessor. Lessor and Lessee agree and acknowledge that this document contains the entire agreement of the parties, that there are no verbal agreements, representations,warranties or other understandings affecting this Lease,and Lessor and Lessee,as a material part of the consideration of this Lease,waive all claims against the other for rescission,damages,or otherwise by reason of any alleged covenant,agreement or understanding not contained in this base. (k) Gender and Plurality In this Lease,the masculine gender includes both the feminine and neuter,and the singular number includes the plural whenever the context so requires. (1) Survival of Certain Covenants All covenants pertaining to bond,insurance,indemnification,restoration obligations,Breach,Default,and remedies shall survive the expiration or earlier termination of this Lease until Lessee has fulfilled all obligations to restore the Lease Premises as required by this Lease. (m) Counterparts This agreement may be executed in any number of counterparts and by different parties in separate counterparts.Each counterpart when so executed shall be deemed to be an original and all of which together shall constitute one and the same agreement. (n)Delegation of Authority Lessor and Lessee acknowledge Lessor as defined herein includes the Commission Members,their alternates or designees,and the staff of the Commission. The ability of staff of the Commission to give consent,or take other discretionary actions described herein will be as described in the then-current delegation of authority to Commission staff. All other pow;rs are reserved to the Commission. Form5 l.16(Rev. 10/14) Page 17 of 18 Pages STATE OF CALIFORNIA-STATE LANDS COMMISSION LEASE NO. PRC 3792.1 This Lease shall become effective only when approved by and executed on behalf of the State Lands Commission of the State of California and a duly executed copy has been delivered to Lessee. The submission of this Lease by Lessor, its agent,or representative for examination by Lessee does not constitute an option or offer to lease the Lease Premises upon the terms and conditions contained herein,or a reservation of the Lease Premises in favor of Lessee. Lessee's submission of an executed copy of this Lease to Lessor shall constitute an offer to Lessor to lease the Lease Premises on the terms and conditions set forth herein. IN WITNESS WHEREOF,the parties hereto have executed this Lease as of the date hereafter affixed. LESSEE: LESSOR: CITY OF SEAL BEACH STATE OF CALIFORNIA STATE LANDS COMMISSION BY: A•._ By: 7. - Jill ' . Ingram, City a, i l;L *'�,� Robert Brian Bugsch pool ~; ��� � dy,, Chief, Land Management Division d% By. ik 6.1 •A.,4.1 1>,� %l ..i v Date: Robin L. Roberts, Cit •'.� 9. sE tp��- Approved as to • . . : . By: Craig A. Ste- e, City Attorney Execution of this document was authorized by the California State Lands Commission on fee. 27, -.Iola (Month Day Year) ATTACH NOTARY ACKNOWLEDGMENT Form51.16(Rev. 10/14) Page 18 of 18 Pages ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of C.R ` ) l Rib-C2f4Z On I(�n(\�L� l/G�;� 1 `� before me/j��.Jl'n I� ''l'1� (insert name title of the officer) personally appeared �� I\ who proved to me on the basis of satisfactory evidence to the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s)on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. "v ROBIN LYNN IICSERTS t WITNESS my hand and official seal. :: 'w= comm. #2078186 NotaryOrange Pubiic Cstiifomia o ‘��� ..r!ri Comm. �� Sri 13,20181 Signature L /1' ')1 (Seal) EXHIBIT A PRC 3792.1 LAND DESCRIPTION A parcel of tide and submerged land, land situate in the bed of San Pedro Bay, lying adjacent to protracted Section 14, T5S, R12W, SBM as shown on the Official Township Plat, approved April 7, 1914, Orange County, State of California, and more particularly described as follows: COMMENCING at the southeast corner of Tract No. 1 in the City of Seal Beach, County of Orange, State of California, said corner being the intersection of the northeast line of Electric Avenue with the southern line of Seal Way as shown upon the map of said Tract No. 1, recorded in Book 9 of Miscellaneous Maps at Page 1, Orange County Records; thence continuing southwesterly along the southern line of Seal Way as shown on said map to a point which'bears easterly along said line N 77°28'25" E 210.68 feet from the intersection of the southerly prolongation of the centerline of Neptune Avenue and the southern line of Seal Way, said point being the POINT OF BEGINNING; thence continuing westerly along the southern line of Seal Way as shown on said map to the westerly boundary of Tract No. 1; thence northwesterly from said point in a direct line 3,584.36 feet more or less to an intersection with the southwesterly prolongation of the centerline of Third Street in the City of Seal Beach as said street is shown upon the map of Tract No. 2, recorded in Book 9 of Miscellaneous Maps at Page 3, records of said county, at a point located 255.5 feet southwesterly from the southwest line of Ocean Blvd.; thence continuing northwesterly along tie prolongation of the foregoing course 590.18 feet more or less to the intersection with the southwesterly prolongation of the southeasterly line of First Street (60 feet wide) as shown upon the map of Bay City, recorded in Book 3 of Miscellaneous Maps at Page 19; thence northeasterly along said line of First Street to a point distant 273.93 feet southwesterly from the southwest line of Ocean Blvd.; thence N 58°54' W, 55.32 feet; thence N 22°51' W, 366.64 feet; thence S 18°23'53"W, 124.63 feet; thence S 28°25'47"W, 409.83 feet thence S 31°34'48" W, 209.45 feet; thence S 26°05'00" W, 274.99 feet; thence S 19°00'57" W, 195.60 feet; thence S 03°07'08" W, 1177.32 feet; thence S 58°43'00" E, 4428.06 feet more or less to an intersection with southwesterly prolongation of the initial course in the description of Parcel 2, as described in the Second Amended Complaint in Condemnation, No. 3436-RJ Civil, United State of America, Plaintiff, vs. 4,783 acres of land, more or less, in Ora ige County, State of California, et al, filed in the District Court of the United States in and for the Southern District of California, Central Division; thence Page I I of 2 northeasterly along said southwesterly prolongation to the POINT OF BEGINNING. END OF DESCRIPTION Revised 7/05/16 by the California State Lands Commission Boundary Unit Revised description based on the {Parcel 1}description found in lease file PRC 2777.1 (W.O. 6568) executed June 22, 1976. : 10 J' -- No. 9TE OF CM-‘04' Page 12 of 2 NO SCALE SITE MAM tENANCa: VI YARD �� `� -Ski' N .' Z iL, i A \ ti LAit — _. ("4' !'t7 4X. `\ ,, �1ST ST. + 14. LEASE . ' • .. RESTAURANT AREA —. do RESTR,OOM AREA CONCRETE /• i 1 i DETAIL i SHEET PILE ....i GROIN PIER �S , �� f� $ sr, lee 4, p SEAL BEACH NO SCALE LOCATION Exhibit B '"'' r . sr r. i 'i , .t PRC 3792.1 IOW - � SEAL BEbCH I _,' ' -r,A ;,- I,T $ - 111, CITY OF SEAL BEACH �_ t.. �''' r _- GENERAL LEASE °.., i',it r _. {. ; ''� PUBLIC AGENCY USE "_. w. �;`s`WV.„ 1 ! . '. ORANGE COUNTY SAN PP.DRO r - - _ -- �, . II ■ BAY -.-' - .� . -..._ __7 ' f►. ti r i ��r '4,. .ja .24 44% , .....-. ,. 14k ",? MAP SOURCE.USGS QUADl This Exhibit is solely for purposes of generally defining the lease premises,is \ based on unverified information provided by the Lessee or other parties and is iNguilla not intended to bc.nor shall it be construed as,a waiver or limitation of any State interest in the subject or any other property. M1F r,cFvi6 SI VIM EXHIBIT C-2 PRC 3792.1 SUBLEASE ENDORSEMENT STATE OF CALIFORNIA STATE LANDS COMMISSION Pursuant to Commission Minute Item No. dated, February 27, 2018, the herein sublease between, City of Seal Beach and SoCal Holdings, LLC, under a portion of State Lease PRC No. 3792.1, is hereby approved. Such approval (1)does not bind the State Lands Commission to the terms and conditions of the sublease in any way; (2) is conditional upon the parties of the sublease fully complying with the terms and conditions of State Lease No.PRC 3792.1;and(3) unless amended,this endorsement is only valid as long as there is a valid lease in place between the State Lands Commission and the City of Seal Beach for the subject property. BY: BRIAN BUGSCH Chief Land Management Division EXHIBIT C-3 PRC 3792.1 SUBLEASE ENDORSEMENT STATE OF CALIFORNIA STATE LANDS COMMISSION Pursuant to Commission Minute Item No. 6 2--dated, February 27, 2018,the herein sublease between, City of Seal Beach and Bay City LLC, under a portion of State Lease PRC No. 3792.1, . is hereby approved. Such approval (1)does not bind the State Lands Commission to the terms and conditions of the sublease in any way;(2) is conditional upon the parties of the sublease fully complying with the terms and conditions of State Lease No. PRC 3792.1; and(3) unless amended,this endorsement is only valid as long as there is a valid lease in place between the State Lands Commission and the City of Seal Beach for the subject property. BY: B N BUGSCH Chief Land Management Division EDIT C-4 PRC 3792.1 SUBLEASE ENDORSEMENT STATE OF CALIFORNIA STATE LANDS COIVIIVIISSION Pursuant to Commission Minute Item No. (02- dated, February 27, 2018, the herein sublease between, City of Seal Beach and ABM Parking Services, under a portion of State Lease PRC No. 3792.1, is hereby approved. Such approval (1) does not bind the State Lands Commission to the terms and conditions of the sublease in any way; (2) is conditional upon the parties of the sublease fully complying with the terms and conditions of State Lease No.PRC 3792.1;and (3) unless amended,this endorsement is only valid as long as there is a valid lease in place between the State Lands Commission and the City of Seal Beach for the subject property. BY: ( !EEEEL IAN $UGSCH Chief Land Management Division • Exhibit D—Reimbursement Agreement STATE OF CALIFORNIA AGREEMENT NUMBER STANDARD AGREEMENT STD.213(new 06/03) REGISTRATION NUMBER l. This Agreement is entered into between the State Agency and the Contractor named below: STATE AGENCY'S NAME California State Lands Commission(State) CONTRACTOR'S NAME City of Seal Beach 2. The term of this Agreement is: 30 years, beginning June 22,2016, ending June 21,2046 3. The maximum amount of this Agreement is: $ 25,000 4. The parties agree to comply with the terms and conditions of the following exhibits which are by this reference made a part of the Agreement: Exhibit 1 —Scope of Work 2 Page(s) Exhibit 2—Budget Detail and Payment Provision/Definitions and Terms 2 Page(s) Exhibit 3*—General Terms and Conditions GTC 04/2017 Check mark one item below as Exhibit 4: 2 Page(s) ►A Exhibit 4—Special Terms and Conditions (attached hereto as part of this Agreement) ❑ Exhibit 4'—Special Terms and Conditions Items shown with an Asterisk(*)am hereby incorporated by reference and made part of this Agreement as if attached hereto. These documents can be viewed at httn'//www.dqs.ca.4ov/ofs/Resources/StandardContractl_anquaae.aspx. IN WITNESS WHEREOF,this Agreement has been executed by parties hereto. CALIFORNIA CONTRACTOR Department of General Services Use oily CONTRACTOR'S NAME(If orher than individual,stare whether a corporation.partnership,etc.) The City of Seal Beach BY uthor1ed Sigm • DATE SIG ED � DA 4ig P'440 AME AND TI E OF PERSON SI J . ngram, City Manager ADDRESS 211 Eighth Street, Seal Beach, CA 90740 STATE OF CALIFORNIA AGENCY NAME California St e Lands Commission BY(Aurhoris Signature) DATE SIG ED P TED NAME AND TITLE OF PERSON SIGNING enise Cook, Fiscal Officer ADDRESS ❑Exempt per 100 Howe Avenue, Suite 100-South, Sacramento, California 95825 Page 1 of 11 Pages Exhibit D—Reimbursement Agreement EXHIBIT 1 SCOPE OF WORK 1. Work to be Performed—The City of Seal Beach,the"Lessee", enters into this Agreement with the California State Lands Commission,the°Commission"or"State'(hereafter the Lessee and the Commission/State are referred to collectively as the"Parties")for engineering review of inspection reports and review of annual summary reports of the facilities associated with Lessee's General Lease—Public Agency Use, Lease No. PRC 3792.1 (Lease). The State hereby agrees to perform the following services: A. Engineerina Review:The State shall review all future structural modifications or material changes to any of the Authorized Improvements. Costs shall include, but not be limited to, actual costs for staff time for review of structural and utility safety assessment inspection reports, Geotechnical Engineering Reports, all applicable agency permits and requirements, post construction documents(as-built plans), and limited field engineering and construction monitoring activity. Every five years a structural and utility safety assessment inspection shall be conducted. A copy of the structural and utility safety assessment inspection report shall be provided to Commission staff upon completion of the report for review by engineering staff for the term of the lease pursuant to Section 2, Special Provisions, Paragraph 2,4, and 5 of Lease No. PRC 3792.1. B. Lease Management: The State shall review the Lessee's annual summary reports. Reviewing costs shall include, but not be limited to, actual costs for staff time.for review of sea-level rise and flooding vulnerability and risk assessments, berm construction and beach nourishment, updates or amendments to the Local Coastal Program,annual flooding frequency and extent, annual site photographs, schedule and nature of repair and maintenance operations,and coastal hazard remediation and removal. Every five years a summary report that details Resiliency Planning Efforts and Adaptation Strategies shall be provided to Commission staff. Work shall be performed pursuant to the requirements of the Lease detailed in Section 2, Special Provisions,Paragraph 3, 9 and 10, of Lease No PRC 3792.1. C. Mutual Understanding:This Agreement is entered into by the parties hereto with the express understanding that the State cannot assure: 1)final approval of the permit or lease for the proposed Project;2)that permits from other State or local permitting agencies are obtainable: 3)that either the State or the Lessee by entering into this Agreement is representing that the Project will go forward as proposed;and 4)that either the State or the Lessee is irrevocably committed to proceeding with this Project. Lessee understands and expressly acknowledges that the State's review of inspection reports and plans for the Project is for the sole purpose of evaluating Lessee's application for or compliance with a lease from the Commission, if any, and not for any other purpose. 2. Parties'Agents A. For Engineering Review the State's Project Officer shall be: Chandrashekar Basavalinganadoddi, Supervising Mineral Resources Engineer California State Lands Commission Mineral Resource Management 200 Oceangate, 12th floor Long Beach,CA 90802 Tel. (562)590-5209 Email: Chandrashekar.Basavalinaanadoddk slc.ca.gov B. For Lease Management the State's Project Officer shall be: Randy Collins, Public Land Management Specialist California State Lands Commission 100 Howe Avenue, Suite 100 South Sacramento,CA 95825 Tel. (916)574-0900 E-mail: randy.collins@slc.ca.aov Page 2 of 11 Pages Exhibit D—Reimbursement Agreement C. The Contractor's Project Manager shall be: Jill R. Ingram, City Manager City of Seal Beach 211 Eighth Street Seal Beach, CA 90740 Tel.(562)431-2527 E-mail:jinaram(sealbeachca.aov 3. Notices and Authorities A. Any notice or other written communications required or permitted under this Agreement may be personally delivered in writing to the State's Engineering or Lease Maintenance Project Officer or Applicant's Project Manager, or may be sent by certified mail, return receipt requested, to the address stated above and shall, based on such delivery or sending, be deemed to have been effectively communicated. Either party may change such address by written notice to the other party. Any notice given other than as provided above, shall not be deemed to be effectively communicated until received in writing. B. The Project Manager shall have full authority to act on behalf of the Lessee for administration of the Project. All communications given to the Project Manager shall be as binding, as if given to the Lessee. C. The State may change its Engineering or Lease Management Project Officer at any time, by written notice to the Lessee.The Lessee may change its Project Manager at any time, by written notice to the State's Engineering or Lease Management Project Officer. [Remainder of Page Intentionally Left Blank] Page 3 of 11 Pages Exhibit D—Reimbursement Agreement EXHIBIT 2 13UDG_fT AND PAYMENT PROVISIONS 1. Invoicina and Payment—Lessee agrees to reimburse the State for all reasonable costs associated with engineering review and lease maintenance according to this Standard Agreement whether prior or subsequent to the execution of this Agreement. Processing costs shall include, but not be limited to, staff time associated with those tasks outlined in Exhibit 1, Scope of Work. Staff costs shall be computed in accordance with Section 8752 of the State Administrative Manual and shall include salaries and wages, related staff benefits and administrative overhead. The invoice shall be mailed to the Lessee's Project Manager Payments shall reference the Agreement number assigned to this project and must be mailed to the following address: California State Lands Commission 100 Howe Avenue, Suite 100 South Sacramento, CA 95825-8202 Attention Accounting 2. Ektimated Reimbursable Costs—The initial estimated costs are based on the information and contracts existent as of the date of this Agreement.The itemized reimbursable costs estimate for work to be performed is: A. Engineering Review Estimate: $15,000 To include the following: 1. Processing and Engineering Review of structural and utility safety assessment inspection reports (once every five years): $2,500 ($500 per year) B. Lease Management Estimate: $10,000 To include the following: 1. Processing and Review of Annual Berm Summary Report: $9,000($300 per year). 2. Processing and Review of Resiliency Planning Efforts and Adaptation Strategy Report (Five years prior to lease expiration): $1,000 3. Billings: A. Engineering Review: Staff costs incurred by the State for Lease Management pursuant to this Agreement, as specified in Exhibit 2, paragraph 2(A), shall be billed in arrears monthly. All payments are due 30 days from the date of the invoice. The State reserves the right to demand an expense deposit equal to the remainder of the Agreement should the Lessee fail to pay invoices within the time specified. Total costs invoiced, including expense deposits, shall not exceed the dollar amount specified in this Agreement unless amended. B. Lease Management: Staff costs incurred by the State for Lease Management pursuant to this Agreement, as specified in Exhibit 2, paragraph 2(B), shallbe billed in arrears monthly. All payments are due 30 days from the date of the invoice. The State reserves the right to demand an expense deposit equal to the remainder of the Agreement should the Lessee fail to pay invoices within the time specified. Total costs invoiced, including expense deposits, shall not exceed the dollar amount specified in this Agreement unless amended. 4. Additional Costs or Services—Lessee will be advised of any estimated cost increase in writ ng in accordance with this Agreement should the need for additional services become known or as costs previously estimated exceed the above estimate. Page 4 of 11 Pages Exhibit D—Reimbursement Agreement Upon notification of the need for additional funds, the Lessee shall)have the option to dispute or accept the increase with all the terms and conditions of this Agreement being)unchanged and in effect. The Lessee shall notify the State within five(5)days of notice of any intent to dispute the change. Non-response shall be acknowledged as acceptance of the additional charges and Lessee will be billed for the balance in accordance with the terms above. 5. Definitions and Terms-Wherever the following abbreviations and terms(or pronouns in place of them)are used,the intent and meaning shall be interpreted as provided in this section. Working titles having a masculine gender, and pronouns referring to such said titles,are utilized in this Agreement for the sake of brevity and are not intended to refer to either sex or the neuter. All references to the singular shall refer also to the plural.All references to the plural shall refer also to the singular. A. As used within this Agreement,the terms"Lessee"and"Contractor"are used interchangeably and are to be considered the same entity. B. As used within this Agreement,the terms"State"and"Commission"are used interchangeably and are to be considered the same entity. C. The term "Agreement"refers to this document as executed by the Lessee and the State. This document includes Standard Form and any attached Exhibits. D. The term "Project Manager" refers to that person appointed or designated by the Applicant to administer the project for the Applicant. E. The term"Project Officer refers to that person appointed by the State to process the project application. F. The term"Lessee's Agent"refers to that person designated by the Lessee to provide technical assistance and support to the State in coordinating transmittal of project technical information and shall have no authority to act for the Lessee unless otherwise stated in writing by Lessee to the State's Project Officer. [Remainder of Page Intentionally Left Blank] Page 5 of 11 Pages Exhibit D—Reimbursement Agreement EXHIBIT 3 GTC 04/2017 GENERAL TERMS AND CONDITIONS 1. APPROVAL: This Agreement is of no force or effect until signed by both parties and approved by the Department of General Services, if required. Contractor may not commence performance until such approval has been obtained. 2. AMENDMENT:No amendment or variation of the terms of this Agreement shall be valid unless made in writing, signed by the parties and approved as required.No oral understanding or Agreement not incorporated in the Agreement is binding on any of the parties. 3. ASSIGNMENT: This Agreement is not assignable by the Contractor, either in whole or in part,without the consent of the State in the form of a formal written amendment. 4. AUDIT: Contractor agrees that the awarding department,the Department of General Services, the Bureau of State Audits, or their designated representative shall have the right to review and to copy any records and supporting documentation pertaining to the performance of this Agreement. Contractor agrees to maintain such records for possible audit for a minimum of three (3)years after final payment, unless a longer period of records retention is stipulated. Contractor agrees to allow the auditor(s) access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records. Further, Contractor agrees to include a similar right of the State to audit records and interview staff in any subcontract related to performance of this Agreement. (Gov. Code §8546.7, Pub. Contract Code §10115 et seq., CCR Title 2, Section 1896). 5. INDEMNIFICATION: Contractor agrees to indemnify, defend and save harmless the State, its officers, agents and employees from any and all claims and losses accruing or resulting to any and all contractors, subcontractors,suppliers, laborers, and any other person, firm or corporation furnishing or supplying work services, materials,or supplies in connection with the performance of this Agreement,and from any and all claims and losses accruing or resulting to any person, firm or corporation who may be injured or damaged by Contractor in the performance of this Agreement. 6. DISPUTES: Contractor shall continue with the responsibilities under this Agreement during any dispute. 7.TERMINATION FOR CAUSE: The State may terminate this Agreement and be relieved of any payments should the Contractor fail to perform the requirements of this Agreement at the time and in the manner herein provided. In the event of such termination the State may proceed with the work in any manner deemed proper by the State. All costs to the State shall be deducted from any sum due the Contractor under this Agreement and the balance, if any, shall be paid to the Contractor upon demand. 8. INDEPENDENT CONTRACTOR: Contractor, and the agents and employees of Contractor, in the performance of this Agreement, shall act in an independent capacity and not as officers or employees or agents of the State. 9. RECYCLING CERTIFICATION:The Contractor shall certify in writing under penalty of perjury, the minimum, if not exact,percentage of post consumer material as defined in the Public Contract Code Page 6 of 11 Pages • Exhibit D—Reimbursement Agreement Section 12200, in products, materials,goods,or supplies offered or sold to the State regardless of whether the product meets the requirements of Public Contract Code Section 12209. With respect to printer or duplication cartridges that comply with the requirements of Section 12156(e),the certification required by this subdivision shall specify that the cartridges so comply(Pub. Contract Code §12205). 10.NON-DISCRIMINATION CLAUSE: During the performance of this Agreement, Contractor and its subcontractors shall not deny the contract's benefits to any person on the basis of race,religious creed, color,national origin,ancestry,physical disability,mental disability, medical condition, genetic information,marital status, sex,gender,gender identity,gender expression,age,sexual orientation,or military and veteran status,nor shall they discriminate unlawfully against any employee or applicant for employment because of race, religious creed, color,national origin, ancestry,physical disability, mental disability,medical condition,genetic information,marital status, sex,gender,gender identity, gender expression,age,sexual orientation, or military and veteran status. Contractor shall insure that the evaluation and treatment of employees and applicants for employment are free of such discrimination. Contractor and subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code §12900 et seq.),the regulations promulgated thereunder(Cal. Code Regs.,tit. 2, §11000 et seq.),the provisions of Article 9.5,Chapter 1, Part 1, Division 3,Title 2 of the Government Code(Gov. Code §§1 1 135-1 1 139.5), and the regulations or standards adopted by the awarding state agency to implement such article. Contractor shall permit access by representatives of the Department of Fair Employment and Housing and the awarding state agency upon reasonable notice at any time during the normal business hours,but in no case less than 24 hours' notice,to such of its books,records, accounts, and all other sources of information and its facilities as said Department or Agency shall require to ascertain compliance with this clause. Contractor and its subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement. (See Cal. Code Regs.,tit. 2, §11105.) Contractor shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under the Agreement. 11. CERTIFICATION CLAUSES:The CONTRACTOR CERTIFICATION CLAUSES contained in the document CCC 04/2017 are hereby incorporated by reference and made a part of this Agreement by this reference as if attached hereto. 12. TIMELINESS: Time is of the essence in this Agreement. 13. COMPENSATION: The consideration to be paid Contractor, as provided herein,shall be in compensation for all of Contractor's expenses incurred in the performance hereof, including travel,per diem,and taxes,unless otherwise expressly so provided. 14. GOVERNING LAW: This contract is governed by and shall be interpreted in accordance with the laws of the State of California. 15.ANTITRUST CLAIMS:The Contractor by signing this agreement hereby certifies that if these services or goods are obtained by means of a competitive bid, the Contractor shall comply with the requirements of the Government Codes Sections set out below. a.The Government Code Chapter on Antitrust claims contains the following definitions: 1) "Public purchase" means a purchase by means of competitive bids of goods, services,or materials by the State or any of its political subdivisions or public agencies on whose behalf the Attorney General may bring an action pursuant to subdivision(c)of Section 16750 of the Business and Professions Code. Page 7 of 11 Pages Exhibit D—Reimbursement Agreement 2) "Public purchasing body"means the State or the subdivision of agency making a public purchase. Government Code Section 4550. b. In submitting a bid to a public purchasing body,the bidder offers and agrees that if the bid is accepted, it will assign to the purchasing body all rights,title,and interest iti and to all causes of action it may have under Section 4 of the Clayton Act(15 U.S.C. Sec. 15)or under the Cartwright Act(Chapter 2 (commencing with Section 16700)of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, materials, or services by the bidder for sale to the purchasing body pursuant to the bid. Such assignment shall be made and become effective at the time the purchasing body tenders final payment to the bidder. Government Code Section 4552. c. If an awarding body or public purchasing body receives, either through judgment or settlement,a monetary recovery for a cause of action assigned under this chapter,the assignor shall be entitled to receive reimbursement for actual legal costs incurred and may, upon demand, recover from the public body any portion of the recovery, including treble damages,attributable to overcharges that were paid by the assignor but were not paid by the public body as part of the bid price, less the expenses incurred in obtaining that portion of the recovery. Government Code Section 4553. d. Upon demand in writing by the assignor,the assignee shall,within one year from such demand, reassign the cause of action assigned under this part if the assignor has been or may have been injured by the violation of law for which the cause of action arose and (a)the assignee has not been injured thereby, or(b)the assignee declines to file a court action for the cause of action. See Government Code Section 4554. 16. CHILD SUPPORT COMPLIANCE ACT: For any Agreement in excess of$100,000, the contractor acknowledges in accordance with Public Contract Code 7110,that: a. The contractor recognizes the importance of child and family support obligations and shall fully comply with all applicable state and federal laws relating to child and family support enforcement, including, but not limited to,disclosure of information and compliance with earnings assignment orders, as provided in Chapter 8(commencing with section 5200)of Part 5 of Division 9 of the Family Code; and b. The contractor,to the best of its knowledge is fully complying with the earnings assignment orders of all employees and is providing the names of all new employees to the New Hire Registry maintained by the California Employment Development Department. 17.UNENFORCEABLE PROVISION: In the event that any provision of this Agreement is unenforceable or held to be unenforceable,then the parties agree that all other provisions of this Agreement have force and effect and shall not be affected thereby, 18. PRIORITY HIRING CONSIDERATIONS: If this Contract includes services in excess of $200,000,the Contractor shall give priority consideration in filling vacancies in positions funded by the Contract to qualified recipients of aid under Welfare and Institutions Code Section 11200 in accordance with Pub. Contract Code §10353. 19. SMALL BUSINESS PARTICIPATION AND DVBE PARTICIPATION REPORTING REQUIREMENTS: Page 8 of 11 Pages Exhibit D—Reimbursement Agreement a. If for this Contract Contractor made a commitment to achieve small business participation,then Contractor must within 60 days of receiving final payment under this Contract(or within such other time period as may be specified elsewhere in this Contract)report to the awarding department the actual percentage of small business participation that was achieved. (Govt. Code § 14841.) b. If for this Contract Contractor made a commitment to achieve disabled veteran business enterprise (DVBE)participation,then Contractor must within 60 days of receiving final payment under this Contract (or within such other time period as may be specified elsewhere in this Contract)certify in a report to the awarding department:(1)the total amount the prime Contractor received under the Contract; (2)the name and address of the DVBE(s)that participated in the performance of the Contract;(3)the amount each DVBE received from the prime Contractor; (4)that all payments under the Contract have been made to the DVBE;and(5)the actual percentage of DVBE participation that was achieved. A person or entity that knowingly provides false information shall be subject to a civil penalty for each violation. (Mil. & Vets. Code § 999.5(d); Govt. Code § 14841.) 20. LOSS LEADER: If this contract involves the furnishing of equipment, materials,or supplies then the following statement is incorporated: It is unlawful for any person engaged in business within this state to sell or use any article or product as a"loss leader"as defined in Section 17030 of the Business and Professions Code. (PCC 10344(e).) [Remainder of Page Intentionally Left Blank] Page 9 of 11 Pages Exhibit D-Reimbursement Agreement EXHIBIT 4 SPECIAL TERMS AND CONDITIONS 1. Type of Aareement-This Agreement between the State and the Lessee is for the reimbursement of costs, from the Lessee to the State, for Engineering Review, detailed in Exhibits 1 and 2 of this Agreement, performed by staff of the California State Lands Commission.This Agreement does not involve the procurement of goods or services from the Lessee. 2. Effective Reimbursement Period-Notwithstanding the date of Agreement approval in paragraph 1 of GTC 04/2017,the Lessee agrees to reimburse the State for costs detailed in Exhibits 1 and 2 of this Agreement, that accrue beginning on the date listed in form STD.213, paragraph 2 of this Agreement until the termination of this Agreement.The term of this agreement shall extend to include any holdover period of Lease No. PRC 6674.1. 3. This paragraph supersedes paragraph 5 of, Exhibit 3, "Indemnification': Indemnification-To the fullest extent permitted by law, Lessee shall defend, indemnify, and hold harmless the State of California and any and all agencies or departments thereof, including but not limited to,any and all boards, commissions,officers, agents, employees,and representatives(Indemnitees), against any and all claims, liabilities,charges, losses, expenses, and costs, including the State's attorneys'fees (Liabilities), that may arise from or by reason of any action or inaction by the indemfitees in connection with the work described in Exhibit 1, or any defect in design or construction of the Project. This obligation of the Lessee to indemnify, defend, and hold harmless the Indemnitees shall not apply to any Liabilities caused solely by the gross negligence or intentional acts of the State or its officers, agents,and employees;or to any claims, litigation, or to other actions brought by the Lessee against the Indemnitees in relation to the Lessee's application or this Agreement. This provision shall survive termination of this Agreement. 4. This paragraph supersedes paragraph 6 of GTC 04/2014, Exhibit 3, "Disputes": Disputes-Except as otherwise provided in this Agreement,any dispute concerning a question of fact arising under or relating to the performance of this Agreement which is not disposed of by Agreement shall be decided by the Project Officer, who shall reduce his decision to writing in regard to the dispute and shall transmit a copy thereof to the Lessee within thirty(30)days.The decision of the Project Officer shall be final and conclusive, unless within thirty(30)days from the date of receipt of such copy,the Lessee transmits to the State a written appeal. Said appeal shall be supported with specificity. a. In connection with any appeal proceeding under this clause,the Lessee shall be afforded an opportunity to be heard before the State Lands Commission within sixty(90) days of the receipt by the State of the Lessee's written appeal and to offer evidence in support of its appeal. Pending the final decision of any such dispute,the Lessee shall proceed diligently with the performance of the Agreement and in accordance with the written decision of the Project Officer which is the subject of the Lessee's appeal including the payment of invoices to the State. b. The procedure described herein shall not prejudice or deny the Lessee's remedies at law. However, the Lessee agrees to exhaust the procedure described herein before pursuing remedies at law. All amounts paid to the State under protest shall be held by the State in trust until the dispute is resolved. 5. Modification-This paragraph supersedes paragraph 7 of GTC 04/2017, Exhibit 3, "Termination for Cause": Either party may elect to modify the scope of work or costs associated with the Project described in Exhibit 1, Paragraphs 1(A)and 1(B)and Exhibit 2, Paragraphs 2(A) and 2(B)of this Agreement by written notice at any time prior to or during Project commencement or implementation upon ten(10)days written notice to the other party should the Project be revised or cancelled for any reason. The Lessee agrees that in the event of such modification of this Agreement by either party as provided above, it Shall reimburse the State one hundred percent(100%)of all costs incurred by the State in the performance of its obligations as described in this Agreement. Page 10 of 11 Pages Exhibit D—Reimbursement Agreement 6. Reimbursement of Costs- Lessee shall reimburse the State in full for all reasonable costs and attorney's fees, including, but not limited to, those charged it by the California Office of the Attorney General, that the State incurs in connection with the defense of any action brought against the State challenging this Agreement or any other matter related to this Agreement or the work performed by the State under this Agreement. In addition, Lessee shall reimburse the State for any court costs and reasonable attorney fees that the State may be required by a court to pay as a result of such action. Lessee may participate in the defense of the action, but its participation shall not relieve it of its obligations under this Paragraph. The provision of this Paragraph shall not apply to any claims, litigation or other actions which may be brought by the Parties against each other and shall not apply to the extent that any such obligation is void or otherwise unenforceable under applicable law in effect on or validly retroactive to the date of this Agreement. Nothing in this Paragraph shall be construed to require the State to defend itself against all or any aspect of the challenge to this Agreement or work performed under this Agreement. However, Lessee may take whatever legal action is available to it to defend this Agreement or any work performed under this Agreement against'any challenge by a third party, whether or not the State chooses to raise a defense against such a challenge. 7. Records- Upon five (5) business days' notice, the State's records relating to its costs shall be available for the Lessee's audit in the State's office in Sacramento. Said audit shall take place only during regular business hours of the State. Payment of costs by the Lessee shall not constitute a waiver of its rights to audit nor an acknowledgment by the Lessee of the validity of the costs that have been paid. Nothing herein shall be deemed to require the State, its consultants. other contractors and subcontractors to maintain books records, or documents other than those usually maintained by them, provided that such books, records and documents reasonably segregate and identify the costs for which reimbursement is required hereunder. As used herein, "State's records" include any audit of the consultant by the State or its designated representative as authorized in this Agreement. 8. The following Paragraphs in Exhibit 3 do not apply to this Reimbursement Agreement: therefore, Paragraphs 4, 7, 8, 9, 10, 11, 12, 13, 15, 16, 17, 18, 19, and 20 of GTC 04/2017, Exhibit 3, are hereby waived and shall have no force or effect upon this Agreement. [Remainder of Page Intentionally Left Blank] Page 11 of 11 Pages - 111 CITY HALL 211 EIGHTH STREET SEAL BEACH, CA 90740 (562) 431 -2527 www.sealbeachca.gov September 30, 2016 Randy Collins Public Land Management Specialist Land Management Division California State Lands Commission 100 Howe Avenue, Suite 100 -South Sacramento, CA 95825 -8202 SUBJECT REQUEST TO RENEGOTIATE TERMS OF PROPOSED STATE LEASE PRC 3792.1 WITH THE CALIFORNIA STATE LANDS COMMISSION Dear Mr. Collins, The Seal Beach City Council has conducted lengthy discussions with the public and staff regarding the State Lease herein referenced as PRC 3792.1 State Lands Lease with the City of Seal Beach (Lease) and after deliberation, the Council voted unanimously to direct staff to consult with the State Lands Commission ( "SLC ") regarding several provisions. The City Council specifically discussed Special Provision Nos. 3, 5, 6, 8 and 10 of the Lease, and the Lease payment and term. Below are the concerns regarding each SLC- imposed special provision: Special Provision No. 3 3. Special provisions relating to berm construction and beach nourishment. c. Each year prior to berm construction, Lessee shall send a copy of the berm coastal engineering plan to Lessor, and notify Lessor of the approximate dimensions of the berm, the approximate volume of sand material for construction, and the location of the sourced sand material d. Within 15 days after construction of the berm, Lessee shall notify Lessor of the actual dimensions of the berm and the actual volume of sand material used in the construction ofthe berm. e. Lessee shall notify Lessor within S business days of any repairs or additional nourishments needed to maintain the berm following the initial construction and prior to itsfinal deconstruction. City of Seal Beach Request to Renegotiate of Proposed State Lease PRC 3792.1 Concern Regarding Special Provision No. 3 The Council expressed concerns regarding the requirement to notify the SLC prior to the City's annual berm construction and any beach nourishment activities that necessitate the use of sand material sourced from locations other than the West Beach. The City Council would appreciate SLC's assurance that notifying the SLC of the City's annual berm construction would not hinder or slow the process in the start of construction. There are multiple instances where the City has needed to construct a berm within a relatively short amount of time due to a forecasted storm event which includes a combination of high tides and high surf, and we need to continue to be prepared for storm -surge and tsunami emergencies. In these cases, the requirement to notify the Commission of actual dimensions and actual volume of sand to construct a berm maybe be difficult to provide in time to be effective, and we would request the ability to provide estimated figures and not actual. Further, in some situations there may be a need for quick import of suitable sand from other locations. We need the ability to function quickly in those situations, as we have done in the past with no known problems. Special Provision No. 5 5. Lessee shall execute a reimbursement agreement with Lessor to pay for any and all reasonable costs and expenditures paid or incurred by the Commission, its staff or both for review and approval of any plan or related materials required herein, including but not limited to any review or preparation of reports, documents or other actions as required pursuant to the California Environmental Quality Act (CEQA), plan reviews, and/or amendments. Payment by Lessee shall be in a form and manner which is determined by Lessor's staffand is consistent with the requirement of Stale law. Response to Special Provision No. 5 The City Council had some concerns with Special Provision No. 5. The City Council understands reimbursing the Commission for reasonable costs and expenditures paid or incurred by the Commission for review and approval of any plan or related materials pursuant to the California Environmental Quality Act (CEQA), plan reviews, and /or amendments. However, this requirement should not be in addition to an annual lease payment, if any, and should not be due when a City project is done to benefit the public. Special Provision No. 6 6. Lessee acknowledges and agrees: a. The site may be ,subject to hazards front natural geophysical phenomena including, but not limited to, waves, storm waves, tsunamis, earthquakes, erosion, !/loading, and sea - level rise ( "climate change effects'). The risks posed to the site from these discrete processes, and the combined, additive impacts of multiple processes are anticipated to increase in severity over the term of the lease due to the localized effects of climate change. Specifically, climate change effects could expose the public restrooms, public beach, constructed berm, and pier infrastructure, including utility and sewer lines, to stronger and prolonged flooding events, requiring maintenance and repair beyond what is regularly needed. Adverse impacts from climate change effects on facilities within the lease area, particularly the public restrooms and sewer lines, could result in degradation of Public Trust resources and values, including seater quality, recreation, and public City of Seal Beach Request to Renegotiate of Proposed State Lease PRC 3792.1 safety. Future conditions may necessitate additional adaptation measures to increase the resiliency of the lease area to the impacts of sea -level rise and coastal climate change processes, as well as continuing to evaluate the effectiveness of the berm in protecting against these impacts. Special Provision No. 8 8. Lessee shall provide Lessor with an annual summary report by the anniversary date of each year, beginning June 22, 2017 or a date to be mutually agreed to by Lessee and Lessor's staff The report shall include the information requested in Section 2, Paragraph 3 (c) above, along with copies of any local monitoring information required by Lessee or other agencies or entities which relater to sea -level rise vulnerability, structural integrity, and adaptation capacity of the Lease Premises and the facilities therein. Information shall include, but is not limited to: • Sea -level rise and flooding vulnerability and risk assessments, • Updates or amendments to the Local Coastal Program, • Annual flooding frequency and extent, • Annual site photographs, • Schedule and nature ofrepair and maintenance operations, and • Coastal hazard remediation and removal. Pertinent information may be sourced from the Lessee itself or any other research conducted within the Lease Premises or adjacent land. Response to Special Provision Nos. 6 and g In connection with the potential for sea -level rise, the proposed Lease will assign 100% liability to the City to implement adaptive measures to address adverse impacts resulting from climate change and sea level rise to structures. With the on -going beach maintenance for flood protection and beach erosion, the City expends a significant amount of general funds already. With the potential sea -level rise and assignment of 100% liability to the City, these will impose an unfunded and uncertain liability. The City Council would like to remove or clarify these special provisions to make it clear that SLC also has an obligation to help protect its beach. Special Provision No. 10 10. Any beach nourishment activities that necessitate sand material sourced from locations other than the West Beach will require an amendment to this Lease. This includes dredging from submerged lands offshore of the Lease Premises and shipment of materials from locations outside the Lease Premises. Response to Special Provision No. 10 The City Council strongly disagrees with this requirement. Recently, the City was provided an opportunity to receive acceptable sand material from a location other than West Beach. As part of a FEMA mandate to the County of Orange to dredge the Santa Ana River, the City of Seal Beach was able to successfully obtain compatible beach quality sand to deal with the erosion from Hurricane Marie. Hurricane Marie caused an estimated loss of between 10,000 — 20,000 cubic yards of sand from the beach by action of the waves pulling sand out into the Ocean. This loss was completely within the Lease boundary. The requirement to amend the Lease prior to City of Seal Beach Request to Renegotiate of Proposed State Lease PRC 3792.1 importing sand from another source would impose a lengthy and timely review and approval process that requires the Commission approval and City Council approval. This amendment can estimate over a year to completely process and therefore request this requirement be removed. In the case of the previous replenishment project, the opportunity to obtain replacement sand at little or no cost would have been lost and the City was given a very short period of time to agree to take the sand. However, the City provided notice to SLC and the Coastal Commission and completed a CEO,A process in the previous case, which worked well for all parties. We are willing to continue those types of interaction with the State agencies in a way that allows necessary projects to move forward with the lengthy process of actually amending the Lease. With regard to the timing of the new lease, the City wants to reemphasize that the City spent over two years working with the State Lands Commission staff to provide City records relating to all expenditures and revenue incurred on the Lease over a period of decades. The City submitted numerous documents including but not limited to expenditure reports, contracts with sub - leases and revenue statements to justify the substantial amount of expenditures the City made to operate the tidelands lease area. The submitted financial documents demonstrate clearly the significant amount of expenses the City incurs annually to maintain the beach and surrounding area and improvements. The expenses include but are not limited to, annual maintenance of the berm for flood protection, bi- annual back passing of the sand from the west side beach to the east side, lifeguard and police costs, beach nourishment projects, maintenance and equipment. The City's financial records provided to the State Lands Commission demonstrate an annual loss that outweighs any revenue generated by the uses and activities on State Land. The City Council strongly disagrees with the State lands Commission's new requirement that the City to pay $59,594 per year in lease payments and, potentially, increased amounts in future years' amendments to the proposed Lease. In addition to absorbing the full cost of operating and maintaining the State's beach for it, SLC now seeks to make the City pay for the "privilege." Operating and maintaining the beach would cost the State a substantial amount of money annually if the City decides to stop funding those activities. In conclusion, the City of Seal Beach City Council respectfully requests that the SLC reconsider the City's proposed Lease to conclude an annual rent of zero dollars throughout its Term with this proposed Lease and any future amendments to the proposed Lease. However, in the event that the City secures subtenants or uses that create positive net income for the City, the City would be agreeable to sharing that net revenue with the State. In addition, the City requests that the SLC remove the above- referenced special provisions. Finally, the City requests that the existing lease agreement be treated as remaining in effect on a month to month basis until the long term lease can be concluded in a form acceptable to both parties and formally approved. The City of Seal Beach looks forward to the opportunity to provide and maintain a wonderful beach for use by the public. 4 City of Seal Beach Request to Renegotiate of Proposed State Lease PRC 3792.1 If you have any questions, I may be reach at (562) 431 -2527 x1300 or iingramPsealbeachca.gov. Respectfully, ill R. Ingram City Manager 0 City of Seal Beach FILE REFERENCE FORM DATE: 2V0Iv— of — Ig Full file - Created New Folder: Older file Related topic: see below File contains records — NOT PUBLIC Other: 11R Initials: fFC----� (Public Records Act) Comments: C.AL1 FoR NIA . 5TA'I"E c t= — 5-rA-TE LA wDS coMM-ISS 1 t) �AK)zg�ds ��erner�f I9(v1 — Ob � OriginAl TidolAM6 Aqr mon- i,5 M +h GOUn _P—CW Pcd DOW MCini'�b 1.1 v� t �r n.239.8 g 37C AT ricoUL,T OF MY nF W1 e.cru w. o. 6563 i o�rirh „� -r c- olius c;- P,R.C. 3792.9 ORAN'GF. COUNTY, CALIF. TID&UINDS LEASE 9:C5 0. AUG ,17 1967 1. !V cc. 1 !'VLE, Utmty Rrcoi&r Cirri 0. SE?T BEACH IFRE This lease, made and entered into this 22nd � !_ day of June -- -' 1967, by and between the S'TA'TE OF CALIFORNIA, herein - v after referred to as "State ", acting through the State Land's Commission and *� pursuant to the authority contained in Division 6 of the Public Resources Cade and the rules and rcZulations adopted thereunder, and the City of Seal 3 Beach „hereinafter referred mo as "Lessee ": 10I WITNES SETH:. 11I 1°;HERPAS, the City of Seal Beach bas heretofore entered into an 12 agreement with the State, acting by and through the State Lands Commission, 13 to fix the boundary between one City -owned uplands and certain State tide K, and submerLed lands; and 15 WITgRFAS; the City- ties constructed and is maintaining at its own 16 expense various structures and facilities which lie in whole or in part upon 17 State lands; and 1E WHEREAS, the facilities and structures referred to he.reinbefore are 19i for the purpose of enhancing the public use of the tide and Vubmerged lands; 20 and 21 WHEREAS, % is the intent of the City to devotee all of the State- - 22 .owned land and some of the City -owned land ins furtherance of the public trust 23 for commerce, navigation, and fisheries, and for the benefit of all of the 21 people of the State; 25 NOUj TnEHEFORE, parties to this lease do hereby covenant and agree: 20 TERM: 27 1. All existing permits or leases between the City of Seal Reach 2u and the State for any lands or structures lying within the herein described 29 1°eased premises are textinated. State does hereby lease, demise and let unto 30I Lessee for a ,term of 49 years, beginniIig 'Tune 22, 1967) to 31 June 22, 2016,. - - ^— - — . �ill1�,F.55 S-h'onrir terminated as hereinafter- p- rovided) _1_ L TO G�i!yot J ,;l (S a<� v/ ah ' "A v� 1/ vr/ I. Old. 91) �G 6 7 S 9 10 11 12 13 14 15 16 17 18 19 20' 21 22 23 24 25 26 27 2� 29 31h ��- - - 'B C} 8 �5 r 377 those certain sovereign lands along the ocean front of the Pacific Ocean in the City of Seal Beach, situate in the County of Orange, State.of California. and more particularly described as follows: Beginning at the southeast corner of Tract No. 1 in the City of Seal Beach, County of Orange, State of California, said corner being the intersection of the northeast line of Electric Avenue with the southern line of Seal 'day as shown upon the map of said Tract No. 1, recorded in Book 9 of Miscellaneous Neaps at Page 1,, Orange County Records;_ thence .continuing westerly along the southern line of Seal Way as shown upon - - said map to the western boundary of Tract'No. 1; thence northwesterly from said point in a direct line 3,584.36 feet more or less to an inter=' section with the southwesterly prolongation of the centerline of Third - Street in the City of Seal Beach as said street is shown upon the map, of Tract No. 2, recorded in Book 9 of Miscellaneous Maps, records of - said county, at a point located 255.5 feet southwesterly from the southwest line of Ocean Blvd.; 'thence continung northwesterly along a prolongation of the foregoing course 590.18 feet more or less to the intersection with southwesterly prolongation. of the southeasterly line of First Street (60 feet wide) as shown upon the map of Bay City, recorded in Book 3 of Miscellaneous Maps at p_`e 19; thence north- easterly along said line -of First Street to a point distant 273.93 feet southwesterly from the southwest line of Ocean Blvd.; thence N- 58° 54' W-, 55.32 feet; N. 220 51' W.,.230 feet; thence N. 65° 00' W., 120 feet; thence, S. 310 00' W., 2,150 fee ; thence S, 58° 43' E., to ".an intersection with the southwesterly.proT_ongation of the initial course in the description of Parcel 2, as described in the Second Amended Complaint in Condemnation, No. 3436 -RS Civil, United States of America, Plaintiff, vs. 4,783 acres of lan8, more or less, in Orange County, State of California, et al., f7lled .in the District Court of the United States in and for the Sou" =era District of California, Central Division; thence northeasterly along said south - westerly prolongation, and continuing along s.id initial course to an intersection with the southwesterly extension of the first course in the herein described parcel; thence northeast =rly along said extension and along said first course to the point of b= ginning. j Containing 238 acres, more or less. Bearings used in this description, have the sa`:e basis as those shown unon.the heretofore mentioned map of Bay -City. The initial course in the desc'ription'of said.Parcel 2, Action No. .3436 -RJ Civil, is located as follows: PARCEL 2 "That part of the hereinbefore mentioned Sect =one 7, 8, 9, 12, 13, 14, and 24 in th- Ranchos Los Alamitos - and La 3olsa Chica, bounded and described as follows: Commencing at a point. that is 30 feet distant from a monument consisting of a copper plug set in concrele, said distance of 30 feet being measured in a southeasterly direction at right angles to a line forming the center line ff an existing rock Jetty joining a certain thoroughfare namef Seal Way in the . City of Seal Beach,: California, said center line being a straight line'Picteiicling from the hereftabc•ve mentioned I 1 2 a 9 J.0 17. 12 13 ,e 15 if 17' 18 19 20, 22 25 i 24 25 26 27 28 29 30 31 i 373 monument, located near the southwesterly end of said jetty, to another similarly constructed monument near the north- easterly end of said jetty;.thence in a northeasterly direc- tion along a straight line which is 30 feet southeasterly of and parallel to the hereinabove described center line of said existing jetty to its intersection with the extension south- westerly of the southeasterly right -of -way line of the afore- mentioned thoroughfare Seal Way, which is shown on Tract No. 1_ of Miscellaneous Pap Book 9, Page 1, in the Recorder's Office of Orange County;..." CONSIDERATION: 2. The primary consideration for the granting of this lease shall- be the public benefit. The Lessee shall pay to the State any profit derived from the operations hereinafter described pursuant to the provisions of paragraph 8 hereof. - ASSIGNMENT AND SUBLETTING: 3. Lessee shall not assign this lease. Lessee shall furnish to the State at the time of execution of .this lease -a list of all -of the leases, franchises, permits, or other agreements with any third persons who are - presently occupying any portion of the within describe-d-State lands Nothing herein, however; sha11 prohibit Lessee from entering into leases, subleases, .franchises or permits or other agreements with third persons for the use of limited areas of the leased premises herein described for the purposes set forth in paragraph 8 herein, provided that such persons meet the requirements and qualifications for lessees set forth in Division 6 of the Public Resources Code and Title.2 of the Administrative Code. RESERVATION OF THE STATE: 4., This lease is' subject to any existing lease, permit, easement, right -of -way or license for other purposes and State reserves the right hereafter to lease, convey, or otherwise - transfer or encumber such land or any portion thereof for any or all purposes whatsoever not inconsistent or - incompatible with the rights or privileges granted to Lessee, including without limiting the generalities of the foregoing, oil and gas and minerals. State expressly reserves the right to .grant aasements, crossings or rights - of ww, in, upon, over and under the leased premises, for any purpose without -3- 5 u 7 8 9 10 Z]. 12 13 Z�I ZJ Z6 17 �u 19 20 21 22 23 241 25 26 27 28 29 30 31 6�s , 8345 � 379 compensation to Lessee. - OPERATIONS, ALTERATIONS, AND I14PROVr3`ENTS: 5. All activities shall be conducted in a good and workmanlike manner. Lessee shall maintain and keep in good sound repair all structures, facilities or, appurtenances upon the property. Lessee shall obtain any necessary permit s"from any other public bodies having jurisdiction therein and shall comply with all applicable lazes, rules and regulations. Any: permanent structures erected upon the demised premises by Lessee shall, at_-_ the option of the State, become the property of the State of,California upon termination- of.this.leaseor the State -:may, require Lessee to, remove all or portion.of- said- . structures. The State may require additional bond or other security to assure that appropriate protecti`re or remedial actions will be taken to protect the'State. - LIABIL1TY: ; 6. " Lessee agrees -to indemnify and hold harmless ,the State,. -its officers, agents, and employees against any loss, damage, claim, demand or.' action, caused by arising out of, or connected with the construction or maintenance of structures upon, or the use by Lessee or its agents, sub- lessees, permittees, or franchise holders,. of the leased premises, whether such liability arises by reason of -the acts or omissions of.Lessee or its agents or its contractors or. its sublessees, permittees or franchise holders=- - - during - the -term hereof, or: sooner termination of this lease. At the option of the State, Lessee shall procure and maintain liability insurance for the benefit of•the State in an amount :satisfactory tor the ,State. The minimum- coverages shall be: Three Hundred Thousand Dollars ($300,000), for _ death or.bodily -, injury or loss sustained by any one person'in any one occurrence; and Five Hundred ib ousand Dollars ($500,000) for death or bodily injury or loss - sustained "by- more _than one_Person_in_,an_y'one_ occurrence; and Fifty Thousand Dollars, Q'50,000) for loss by damages - "or injury to property in any one occurrence. The State, shall be named -as.an insured.. .A certificate of, all- required. S 7 S 9 10 11. 121 110' 1. ^- 15 16 17 18 1s 20 2i 22 23 26 25 20 27', 28 2? 30 31 380. insurance shall be furnished to the State at the time of execution of this. lease. Continuation certificates shall be furnished at least 30 days prior to the expiration of the then existing certificate. No such insurance shall be cancelled without 30.days notice to the State. The policy shall either. contain a provision providing for a broad form of contractual liability, including leases and permits, or there shall be attached thereto an endorse- ment providing for.such coverage. Upon request - the State shall be-entitled to inspect the original policy of insurance or a.photo copy thereof. The . procuring of such policy of insurance shall not be construed to be a limita- tion upon the Lessee's liability or as a full.performance on its part of the indemnification provisions of this paragraph, Lessee's obligations being, notwithstanding said policy of insurance, for the full and total amount of any damage, injury or loss caused by the negligence or other acts creating liability for injury or damage connected with Lessee's or its sublessees', permittees', or franchise holders' use of the premises. Ttie amount of insurance as set forth herein may be increased at the option of the State, ,upon 30 days notice to Lessee. POLLUTION: 7. Lessee shall obseive.and comply with all rules anc regulations now promulgated by any agency or subdivision of the State o£,Cal!ifornia having jurisdiction therein' and , such riles and regulations as may hereafter be promulgated by any agency or subdivision of the State of California having ^ jurisdiction therein; and Lessee shall at all times take suitable precautions to prevent pollution and contamination of Waters of the Pacific Ocean. 8. This lease shall be for the purposes and subject to the terms . and conditions hereinafter set forth.' 8.1 The leased premises shall be used for beaches, marine parks, marinas, small boat harbors, bulkheads, piers, marine transportation facilities,.public utilities, earthfills, buildings, structures; recreational facaities, landscaping, parking lots, streets and'roadways for public access to the leased premises,, and related facilities for the benefit of the people -5- �I - 6 7 m 9 10 11 Z2 13 1� 15 16 171', 18 191 I 20' 21 22 23 2n 25 26 27 28 29 30 31 acc ;824 s381 of the State, as opposed to a purely local benefit, and for the furtherance of the public trust purposes of commerce, navigation and fisheries. ' $.2 Lessee shall. submit to the State Lands Division, on or.`,' before September 30 of each year, a report of the utilization of the Teased premises. Said report shall include; (a) A description of the rises to which the leased premises have been placed during the p`er•iod covered by the report (b) A list of the owners and holders of subleases, permits and franchises - granted by the Lessee, uh ch list shall Specify as to each such owner or holder: (i) The uses to which the premises have been placed by the owner or holder; .(ii) The uses to.Which the premises shall be placed or may be placed by the owner or ho; ider; ... pursiiant to the terms contained in the sublease, permit. or franc.bise,, _ during the remaining period of the sublease, permit or franchise-- (iii) The °consideration provided for in each sublease, permit or franchise and the consideration actually received by the Lessee for the sublease, permit or franchise granted or issued; and " (iv) An enumeration of the restrictions vhich the Lessee has placed on the use of the premises and each area thereof for the period covered by the report (c) A statement as to the future plans of the Lessee for the use of the leased premises, containing the following: (i) Type of future development which is planned as to each general area witbin the leased premises;-- (ii) Expected statewide bene�fit-to be derived from the devel.opaent plan, including the financial benefit == and the navigational; commerical or recreational benefit; -- " -- kA 2 5 4 5 6 9/ S 0 7.0 11 12 13 14, 15 17 lE 19 20I 21 22 23 21 25 26 27 23 29 30, 31 capital costs,,annual operating costs, and annual revenues of the plan. 8.3 Lessee shall establish a separate trust fund or funds for the deposit of all revenue received from the leased premises. Where facil- ities are located. partially on_the. leased premises and partially on lands owned by the City, the revenues and expenses attributable to said facility, shall 'be apportioned between City municipal funds and -the aforementioned trust fund or funds, based upon the percentage of the ,facility located on the leased premises and the portion located on the lands owned.by the City. A statement of financial conditions and operations., to conform to the requirements of the State Lands Division, shall be submitted to the Executive Officer of the State Lands Division. on.or.befora September -.30 of each year for the preceding fiscal year.- P1l money, if any, remaining in said fund or funds, after the ,deduction of authorized, expenses- incurred, at the end of the term of this lease shall be transferred to the State; provided, however, that Lessee stall be entitled to a_credit-for any municipal funds advanced and expended for the purposes set forth in paragraph 8.4._ In the event uplands are acquired with trust funds,:such lands shall become the property of the State at the end of the term of this lease. 8.4 The Lessee may use revenues accruing from or out of the use of the leased premises._£ or, any -or -all o£`_the following, purposes which are matters of statewide, as distinguished from local, interest and benefit: (a) The construction, reconstruction] improvement, _repair, opera tion, maintenance,, promotion, and protection of works, lands, acid facilities necessary for the devElopment of the leased premises for the highest -and best -use ia.the public interest, .including, but not limited:to, Commerce,.navigation, : fisheries, marinas, small boat harbors," marine staRums marine "parks, beaches, -streets,- roadways, earthfills,4ulkheads, 'piers,:__; supporting stnrciures,- builds gs, recreational facilities, -7- �s .834 E 383 landscaping, and parking lots situated upon the leased premises, or adjacent thereto and reasonably necessary to provide access to, or development and use of the leased.pi-emises; (b) The promotion, by advertising and such other means as may be reasonable and appropriate, of maximum use of the leased. premises or to encourage private investment in development of the leased h' remises for the p highest and best use in the statewide public interest; (c) Any other uses or purposes of state, as distinguished from purely local, interest and benefit, which are in fulfillment of.those uses and purposes described in paragraph 8.1 hereof and which are approved in advance by the State Lands Commis- sion; (d) The acquisition of property and the rendition of services reasonably necessary to the carrying out of the foregoing ` ,. uses and purposes; provided that as to any expenditure of revenue for any single capital improvement involving an amount in' excess of fifty thousand dollars (50,000) in the aggregate, the Lessee shall file with the State Lards Commission a detailed description of such capital improvement not less than 90 days prior to the time of any disbursement therefor or in connection therewith, excepting preliminary planning. $uch description shall specify, in addition, the particular public interest and benefit, the provision of this lease authorizing the proposed expenditure and how the expenditure complies with the Lessee's statement of future plans. The State Lands Commission may, within 90 days after the time of such filing, determine and notify Lessee that such capital improvement is not in the statewide interest and benefit, or is not authorized by any of the provisions of.this lease, or does not comply with the Lessee's future plans... In the event the State Lands Commission so notifies the Lessee that the capital improvement is not -8- 2 3 iI 7 II 9 10 1]. 12 13j Id 15 1G rl 18 19 20, .... 2i I 22 23 2A 25I 26 27 28 29 30 31, J. <33 authorized, the Lessee shall not disburse any revenue for or an connection. ' with such capital imnrovement,'unless and until the consent of the State - Lands Commission is obtained or a judicial determination has been made. Failure of the State Lands Commission to make such a notification.within the 90 -day period shall constitute approval by the State Lands Commission of the proposed capital improvement. Any determination by the State Lands Commission prior to the expiration of the aforesaid 90 -day period, declaring that 'the - proposed capital improvement satisfies the criteria set forth herein,shall operate as the termination of the aforesaid 90 -day period. 8.5 Lessee agrees that, in its,employment.practices arising out of or connected-with its operations under this lease, it shall not discriminate against any individual because of race, color, ancestry, . national origin, or religion. ENTRY BY STATE: 9. State, through its authorized agents, shall have the right at all. reasonable times to go upon the leased premises for the purpose of. inspecting the same, or for the purpose of maintaining or repairing said premises, or for the purpose of placing upon the property any usual or ordinary signs, or for fire or police purposes or to protect the premises from any cause whatever, without any rebate of charges and without any liability on the part of'the State for any loss of occupation or iluiet enjoy- ment of the premises 'thereby occasioned. , RESTORATION OF PROPERTY: 10. Lessee will on the last day of the lease term or any exten- sion thereof, or sooner termination of this lease, peaceably and quietly Leave, surrender and yield up to the State, all and singular, the leased premises in good order, condition and.repair, reasonable use and wear thereof,.. and damage by act of God or the elements excepted. Lessee, at the option of the State, will immediately upon termina.tion� at his own expense and risk, salvage and remove all, structures erected by Lessee and restore the land as nearly as possible to the condition existing at the..date of execution of this lease, free. of debris, and shall repair and restore any damage to the -9- 3245 1 improvements, if any, owned by the State resulting from either construction 2 or removal by Lessee or resulting from causes for which Lessee is liable under 3 this lease, and shall complete said removal and restoration within ninety (90) r days after termination of this lease. In the event that Lessee fails to com- 5 ply'with this covenant, State may make such removal or restoration and Lessee 6 agrees to pay all of.the costs involved therein. 7 FORCE MAJEUER: $ I.I. It is understood that Lessee's obligations hereunder shall be 9 suspended during any period in which Lessee is prevented from complying 10 therewith by acts of Cod, riots, acts of Federal or State agencies, or any 1l other cause beyond Lessee's reasonable control. 12 OUI'rCLAIM RECORDING: -3 12. Upon the termination of the rights hereby granted, Lessee shall- execute and deliver to State, within thirty (30) days after service of vritten demand thereof, a good and sufficient quitclaim deed to the rights arising hereunder. Should Lessee fail or refuse to deliver to the State a 7.7 quitclaim deed as aforesaid, a written notice by the State reciting the fail- 3-8 ,ure or refusal of Lessee to execute and deliver said quitclaim deed as herein 3.9 provided, terminating this lease, shall after ten (10) days from the date of 20 recordation of said notice, be conclusive evidence against Lessee and all -- - 21 persons claiming under Lessee of the termination'of this lease. 24 NOTICES: - .- 23 13. All notices herein provided to be given shall be deemed to 2`1 have been fully given when made in writing and deposited in the United States 25 mail registered or certified and , g• p gat age prepaid, addressed as follows:. 26 To the State: State Lands Commission 27 Room 305,California State Building 217 West First Street 28 Los Angeles, California 90012 29 To t hell; essee: 'City of Seal Beach 30 'City 'Manager City Hall 31 Seal Beach, California 9074.0 _10- 8045 ':: 386 a WAIVER OF BREACH: ? 14. The waiver by the State of any breach of any term, covenant or condition herein contained shall not be deemed to be a waiver of such 41 term, covenant or condition with respect to any subsequent breach of the 5 same or any ,other term, covenant or condition herein contained. The sub- r, sequent acceptance of monies hereunder by the State shall not be deemed to 7 be a waiver of any preceding breach by Lessee of any term, covenant or coh- 8 dition of this lease, other than the failure of Lessee to'pay.the particular 9� monies—so-accepted, regardless of the State's knowledge of such preceding'' 3_0j breach at the time of acceptance of such monies. TERMINATION OR MODIFICATION: 12 15. This agreement may be terminated only by the mutual consent 23 of the parties hereto. No act or omission by either the State or Lessee lA� shall constitute a modification of this lease, it being understood by all 15 I parties that this lease may be changed or otherwise modified only by written 16• agreement of all parties. 3. r/ SUCCESSORS: 18' 16. The covenants and conditions herein contained shall, subject 19 to the provisions as to assignment,. apply to and bind the heirs, successors, 20I executors, administrators and assigns of "ell of the parties hereto; and all 21 of the parties hereto shall be jointly and severally liable hereunder. 221 TIME Or ESSENCE: - - - -- 23 17. Time is of the essence of this lease. 24 25 25 27 23 -u- a 1 2 3 n 5 6 7 II 9 10 11 12 13 i4 15 le 17 1II 19 20 21 22 23 24 25 26 27 22 29 30 3). CATIONS: e c 8345 387 18. The captions in the margins of this lease are for convenience only and are not a part of this lease and do not in any way limit or amplify the terms and provisions of this lease. This agreement will become binding on the State only when duly executed by the Executive Officer of the State Lands Commission of the State of California. IN WITv"ESS VIHEREOF, the parties hereto have executed this agreement as of the date hereafter affixed. LESSEES STATE OF CALIFORNIA S '. acting by and thrnugh ,•,�; CITY OF SEAS, BEACH STATE LANDS CC1,24ISSION +: > 'v '.` %__ +'••' :_ . �A / f,'= �.S�Yer'1 - By �7`L` --C, •'S.��L C �: � ._ Address J. HORTIG Executive Q .e per By LEE RISNER City Manager � y g D e ofSignature - (�Date of Signature I *City Seal shall be affixed, and a certified copy of the City Council resolution authorizing execution shall be attached. ,12- 7" STA'L'E OF CALIFORNIA ss: 2 COUITI OF ANGELES) LOSS 3 On \%Z �,� /Q ; 1967, before me, the undersigned, a Notary Public in and for/ -aid State, with principal office in C. l.,,o�,��' <� ' County, personall, appeared F. J. HORTIG, known to me to be the E.—cutive Officer of the STATE LAPDS CUU4ISSION, STATE OF CALIFORNIA, the C mmission . 5 that executed the within instrument, _known to me to be the person who executed the within Instrument on behalf of the Commission therein named, Fi and acknowledged.to me that such Commission executed the within Instrument pursuant.to a resolution of its Commissioners. IN WITNESS WE:EREOF, I have hereunto set my hand and affixed my official S seal on the day and year in this certificate first above written.. to mm... �OFFICIAL SEAL Notary.. PuUJ) in and. for the County PAYHU1 STRATTON . LIFORNiA NOTARY eUPAL of Lon j les, State of California - 111 OFFICE -An Z2 LOS ANGELES nCOUNTY . .. .• .. ......... .. ...: „., ., t,1y C^mroissicil Expires Oct. 30, 1910 . 13 7•n STATE OF CALIFORNIA) ss: 15 COUNTY OF ORANGE 16 On I 1967, before me, the undersigned, a Notary Public in an for the County of Orange, State of California, personally 17 appeared LE RISNER, known to me to be the City Manager of the CITY OF SEAS, BEACH, and known to me to be the person who executed the within 1E 'Instrument on behalf of said City of Seal Beach, and acknot:ledged to me -._ - -_ -that said municipal corporation executed the within Instrument pursuant to 3.9 its Charter, Resolutions, Ordinances and applicable State law. 2� IN WITNESS WHEREOF, I have hereunto- -set my hand and affixed my official seal on the day and year in this certificate first above written. 21 -2`J - .. Notary Public in and for the County FICI"'• "SEAL " " "' "' ' of Orange, State of California OFFICIAL SEAL 25 LOLITA L. THOMAS t � NorARY Pu6uc- CALIFORNIA `•. LOLITA '. I 9FftICIPAL oI FIE IN L. THOMAS :• ti1Y Commission lApril 26 ORANCE COUNTY .! Expires 12, 1969 Y ..s.,..... ,:.::.r .... ............ .. .. .......... ........ 27.` a r n "o , �. 23�• 29I 30 - 31 RESOLUTION NO. 11 8845 339 GEE MIRE Copy A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, A CHARTER CITY, AU'THORIZ- _.._..- ,...__ ING THE CITY MANAGER TO EXECUTE ON BEHALF OF THE -CITY OF SEAL BEACH A LEASE WITH THE STATE OF = CALIFORNIA FOR USE OF CERTAIN STATE -01 -TOED TIDE_ AND SUBMERGED LANDS WITII THE CI'TY'S CORPORATE BOUNDARIES. WHEREAS, the City of Seal Beach has, at its own expense, constructed and uiaintai=ned facilities and- structures- which- lie in- W'Ifole, or in part, on State lands which structures and facilities are for the purpose of enhancing the public use of tide and submerged lands for_the benefit of all the people of the State of California; and WHEREAS, the primary consideration for. the granting -of a.l.ease is the public interest; and WIIEREAS, it is the intent of the .City to devote all of the leased State lands in furtherance o.f the public trust for commerce, navigation fisheries and for the public benefit of State citizens; and WHEREAS, certain leases and permits granted by the State of, California to the City of Seal Beach for facilities and structures which protect state and city property will expire in the near future;.- - NOW, THEREFORE. THE: CITY COUNCIL OF.'THE- "CITY OF -SEAL BEACH, CALIFORNIA, a municipal,corporation_.and a,chorter_city,,doe-s hereby resolve as folloiis : Section 1. The City Manager is authorized to execute on behalf of the City of Seal Beach a. lease by and between the Stat� of California, acting through the State Lands Commission, and the Ci_fy of Seal Beach for certain State -owned lands described g'ene'rally as follows: ' Beginning at the southeast corner of Tract No. l in the City of- Seal Beac1 County of Orange, State of California; said corder being the intersection of the northeast line of Electric Avenue with the-southern -line of Seal Way as shown upon the.map of said Tract No. 1, recorded in-Book 9 of Miscellaneous Maps at Page 1,0range County Records; thence continuing westerly along the southern line of Seal Way as shown upon said map to the western boundary of Tract No. 1; thence northwesterly from said point in a direct line 3,584.36 feet more or 1ess.to an intersection with the southwestern, prolongation of the centerline of Third Street in the City of Seal Beach as said street is shown upon the map of Tract No. 2, recorded` in Book 9 of Miscellaneous Maps, records of said county, at a point located 255.5 feet southwesterly from the south -' west line of Ocean Blvd.:; thence continuing northwesterly along a prolongation of the foregoing course 590.18 feet more or less to the intersection with southwesterly prolongation of the southeasterly line of First Street (60 feet wide) as shown upon the map of Bay City,.. recorded in Book 3 of Miscellaneous Maps at page 19; thence northeasterly along said line of First Street to a point distant 273.93 feet south- westerly from the southwest line of Ocean Blvd.; thence N. 580 54'W.,, 55.32 feet; N. 220 51'14.,230 feet; thence N. 650 00' W., 120 feet_; thence S 310 00'W.,.2,150feet; thence.S. 580 43' E., to an intersection with the southwesterly prolongation of the initial course in the des - cripLion.of Parcel 2, as described in the Second Amended Complaint in Condemnation, No. 3436,RJ Civil, United States of America, Plaintiff, vs. 41783 acres of land, more or less, in Orange County, State of California, et al, filed in the District Court of the United States in and for the Southern District of California, "Central Division; thence northeasterly along said southwesterly prolongation, and continuing along said initial course to an intersection with the southwesterly extension of the first course in the herein described parcel; thence northeasterly along said extension and along said first course to the point of beginning. - -" - Containing 238 acres more or less.. Bearings used in-this description have the same basis as those shown upon the heretofore mentioned map of Bay City. The initial course in the 3436 -RJ Civil, is located "That part of the he- reinb and 24 in the Ranchos Los described as follows: description of said Parcel 2, Action No. as follows:, PARCEL 2 =_fore- mentioned Sections 7, 8, 9, 12, 13, 14, Alamitos and La Bolsa Chica; bounded and Commencing at a.point that is 30 feet distant from a monument - -- —• consisting of a copper plug set in concrete, said distance of 30 .feet being measured in a southeasterly direction at right angles tb a line forming the center.li_ne of an existing rock jetty joini_ng.a certain thoroughfare named Seal Way in the City of Seal Beach, California, .: said center line being a straight line, extending from the hereinabove mentioned monument, located near. -the southwesterly end of said jetty, to another similarly constructed monument near the northeasterly end of said jetty; thence in a northeasterly direction along a straight line which is 30 feet southeasterly of and parallel to the herein - above described center line of said existipg jetty to its intersection_ with the extension southwesterly of the southeasterly right -of -way . line of the aforementioned thoroughfare Seal Way, which is shown -on Tract No. 1 of Miscellaneous Map_Book 9, Page 1, in the Recorder's.-.. Office of Orange County:-... ". w� .8245 :'s 391 . PASSED, APPROVED, AND ADOPTED by the City Council of the City,of Seal Beach at a meeting thereof held on the day of 1967.: — t� ydr ATTEST: City Clerk STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS CITY OF SEAL BEACH ) I, F. W. Hiclanan, City Clerk and ex- officio clerk of, the City council hereby certify that the foregoing resolutio:l was passed; approved, and adopted by the-City Council of the City of Seal Beach at a meet- ing thereof_ held on the day of 1967, by the followin vote: _. _. -. __ .— .._ . ✓__ -_ -- - -._ -_ .. - AYES: Councilmen NOES: Councilmen ABSENT: Councilmen_ City Clerk i e�c• 8334 5 39 1 PASSED, APPROVED, AND ADOPTED by the City Council of the City,of Seal Beach at a meeting thereof held on the day of `�,xr, , 1967 . Lt - ATTEST: - — - -- -= City Clerk STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS CITY OF SEAL BEACH ) I, F. W. Hicknan, City Clerk and ex- officio clerk of the City Council, hereby certify that the foregoing resolution was passed, approved, and adopted by the City Council of the City of Seal Beach at a meet - in thereof held on the (7L day of _'L � -� %t �C['_ 1967, by the following vote: AYES: Couricilnen �17a�.1 r �'L•, 41- c_C- 3 Z.LC. NOES : Councilmen %(•? -I Le. _ ABSENT: Councilmen City Clerk TIDELANDS LEASE W. p. 684o CITY OF LONG BEACH P.R.C. 38+7.9 1 %'RE: LANDS LOCATED IN SEAL BEACH, CALIFORNIA 3 This lease, made and entered into this — 3rd day of 4 January , 19_(2$_, by and between the STATE OF 5 CALIFORNIA, hereinafter referred to as "State ", acting through the 6 State Lands Commission and pursuant to the authority contained in 7 Division 6 of the Public Resources Code and the rules and regula- 8 tions adopted thereunder, and the CITY OF LONG BEACH, hereinafter 9 interchangeably referred to as "Lessee" and "the City ". 10 W I T N E S S E T H: 11 12 WHEREAS, the City of Long Beach, together with other 13 Parties have heretofore entered into an agreement with the State, 14 acting by and through the State Lands Commission, to fix the 15 boundary between the uplands of a portion of Rancho Los Alamitos 16 and certain State tide and submerged lands; and 17 WHEREAS, the City has constructed and is maintaining at 18 its own expense various structures and facilities which lie, in 19 whole or in part, upon State lands but which prior to said agree - 20 ment were claimed by the City to be located on City ,owned lands by 21 virtue of deeds held by said City; and 22 WHEREAS, the facilities and structures referred to here - 23 inbefore are for the purposerof enhancing the public use of the 24 tide and submerged lands; and 25 WHEREAS, it-is the intent of the City to devote all of 26 the hereinafter described property to the furtherance of the public 27 trust for commerce, navigation and fisheries, and for the benefit 28 of all of the people of the State; 29 NOW, THEREFORE, parties to this lease do hereby covenant 30 and agree: 31 TERM: 1.' State does hereby lease, demise and let unto Lessee aE 1 for a term of 49 years, beginning March 8 1968 to 2 _March 8, 2017 (unless sooner terminated as hereinafter 3 provided) those certain sovereign lands along the ocean front of 4 the Pacific Ocean in the City of Seal Beach, situate in the County 5 of Orange, State of California, and more particularly described 6 as follows: 7 Beginning at the intersection of the northerly line of Lot A2 in the Rancho Los Alamitos as shown on Map No. 1 of a portion 8 of said Rancho filed in Decree of Partition in Superior Court Case No. 13527 in the County of Los Angeles, California, a 9 co py of which was recorded January 290 1891 in book 700 pages 138 and 139 of Deeds in the county recorder's office of said 10 Los Angeles County, a copy of which was recorded March 12, 1891 in book 14 page 31 of Deeds in the office of the county recorder 11 of said Orange County with the boundary line between Stations 1 and 2 of Los Angeles and Orange Counties as surveyed by the 12 County Surveyor of said Los Angeles County and established by the California Legislature in 1919 and as shown on Los Angeles 13 'County Surveyor's Map No. 8175, recorded in book 39 page 52 of Miscellaneous Records in the office of the county recorder of 14 said Los Angeles County; thence along said northerly line of Lot A2 easterly 150.00 feet • thence South .170 28' 11" West 15 700.00 feet; thence South 2�0 48' 57" West 3,450 feet; thence North 610 11103" West 614 feet more or less to the said bound - 16 ary line between Los Angeles and Orange Counties; thence north- easterly along said boundary line to the Point of Beginning. 19 EXCEPT therefrom all of the land within the metes and bounds description shown as Parcel 18, Section 1, Chapter 1579, 18 California Statutes of 1961. 19 Said land contains 43 acres more or less. 20 Bearings contained in this description are based upon the California Coordinate System Zone 7. Upon this System Course No. 50 of said 21 Rancho Los Alamitos has a value of North 376 52' 11.9" West. 28 CONSIDERATION: 23 2. The primary consideration for the granting of this 24 lease shall be the public benefit. The Lessee shall pay to the 25 State any profit derived from the operations hereinafter described 26 pursuant to the provisions of paragraph "18 hereof. 27 ASSIGNMENT AND . SUBLETTING: 28 3. Lessee shall not assign this lease. Nothing here- ; 29 in, however, shall prohibit Lessee from entering into leases, 30 subleases, franchises or permits or other agreements with third 31 persons for the use of limited areas of the leased premises t -2- ], herein described for the purposes set forth in paragraph 8 '2- herein, provided that such persons meet the requirements and 3 qualifications for lessees set forth in Division 6 of the Public 4 Resources Code and Title 2 of the Administrative Code. 5 RESERVATION OF THE STATE: 6 4;' This lease is subject to any existing lease, permit, 7 easement, right -of -way or, license for other purposes and State 6 reserves the right hereafter to lease, convey, or otherwise 9 transfer or encumber such land or any portion thereof for any or 10 all purposes whatsoever not inconsistent or incompatible with the 11 rights or privileges granted to Lessee, including without limit 12 ing the generalities of the foregoing, oil and gas and minerals. 13 State expressly reserves the right to grant easements, crossings 14 or rights -of -way in, upon,. over and under the leased premises, 15 for any purpose, without compensation to Lessee. 16 OPERATIONS, ALTERATIONS AND IMPROVEMENTS: ood and fi•�► 5. .All activities shall be conducted in a g 18 workmanlike manner. Lessee shall maintain and keep in good 19 sound repair all structures, facilities or appurtenances upon 20 the property. Lessee shall obtain any necessary permits from any 21 other public bodies having jurisdiction therein and shall comply 22 with all applicable laws, rules and regulations. Any permanent 23 structures erected upon the demised premises by Lessee shall, at 24 the option of the State, become the property of the State of 25 California upon termination of this lease, or the State may re- 26 quire Lessee to remove all or a portion of said structures erectec 27 subsequent to execution of this lease. The State may require a 28 sufficient bond or other security to assure that appropriate pro - 29 tective or remedial actions will be taken to protect the State. 30 LIABILITY: 31 6. Lessee agrees to indemnify and hold harmless the -3- 1 State, its officers, agents and employees against any loss, 2 damage, claim, demand or action caused by, arising out of or 3 connected with the construction or maintenance of structures 4 upon, or the use by Lessee or its agents, sublessees, permittees 5 or franchise holders, of the leased premises, whether such 6 liability arises by reason of the acts or omissions of Lessee 7 or its agents or its contractors or its sublessees, permittees 8 or franchise holders during the term hereof, or sooner termina- 9 tion of this lease. At the option of the State, Lessee shall 10 procure and maintain liability insurance for the benefit of the 11 State in an amount satisfactory, to the State. The minimum 12 coverages shall be: 13 Three Hundred or° lossdsustained (by0any0o,e for persondeath in or bodily injury 14 any one occurrence; and 15 Five Hundred Thousand Dollars ($500,000) for death or bodily injury or loss sustained by more than one person 16 in any one occurrence; and 17 Fifty Thousand Dollars ($50,000) for loss by damages or injury to property in any one occurrence. 18 19 The State shall be named as an insured. A certificate of all 20 required insurance shall be furnished to the State 'at the time 21 of execution of this le'p,se. Continuation certificates shall be Q2 furnished at least 30 days prior to the expiration of the then 23 existing certificate. No such insurance shall be cancelled 24 without 30 days' notice to the State. The policy shall either 25 contain a provision providing for a broad form of contractual 26 liability, including leases and permit's, or there shall be 27 attached thereto an endorsement providing for such coverage. 28 Upon request, the State shall be entitled to inspect the original 29 policy of insurance or a photocopy thereof. The procuring of such 30 policy of insurance shall not be-construed to be a limitation upon 31 the Lessee's liability or as a full performance on its part of the -4- 1 indemnification provisions of this paragraph, Lessee's obligations •.2 being, notwithstanding said policy of` insurance, for the full 3 and total amount of any damage, injury or loss causeu uy L.LLC 4 negligence or other, acts creating liability for injury or damage 5 connected with Lessee's or its sublessees', permittees', or fran- 6 chise holders' use of the premises. The amount of insurance as set 7 forth herein may be increased at the option of the State, upon 30 g days' notice to Lessee,to such sums as are reasonably required to g meet changing conditions. 10 POLLUTION: 11 7. Lessee shall observe and comply with all rules and regu- 12 lations now promulgated by any agency or subdivision of the State 13 of California having jurisdiction therein and such rules and 14 regulations as may hereafter be promulgated by any agency or sub - 15 division of the State of California having jurisdiction therein; 16 and Lessee shall at all times take suitable precautions to prevent iT pollution and contamination of waters of the Pacific Ocean. 18 8. This lease shall be for the purposes and subject to 19 the terms and conditions hereinafter set forth. 20 8.1 The leased premises shall be used for beaches, 21 marine parks, marinas, small boat harbors, bulkheads, piers, 22 marine transportation facilities, public utilities, earthfills, 23 buildings, structures, recreational facilities (including but 24 not limited to restaurants and shops), landscaping, parking lots, 25 streets and roadways for public access to the leased premises, and 26 related facilities for the benefit of .the people of the State, as 29 opposed to a purely 1o9al benefit, and for the furtherance of the 28 public trust purposes of commerce, navigation and fisheries. 29 842 Lessee shall submit to the State Lands Division, 30 on or before September 30 of'rach year, a report of the utiliza- 31 tion of the leased premises. Said report shall include: -5- 1 (a) A description of the uses to which the leased premises 2 have been placed during the period covered by the report 3 (b) A list of the owners and holders of subleases, permits 4 and franchises granted by the Lessee, which list shall 5 specify as to each such owner or holder: 6 (i) The uses to which the premises have been -', 7 placed by the owner or holder; i 8 (ii) The uses to which the premises shall be placed 9 or may be placed by the owner or holder, pursuant 10 to the terms contained in the sublease, permit " 11 or franchise, during the remaining period of the ' 12 sublease, permit or franchise; 13 (111) The consideration provided for in each sublease, 14 permit or franchise and the consideration actually 15 received by the Lessee for the sublease, permit 16 or franchise granted or issued; and i§••rt =a Y �� 17 (iv) An enumeration of the restrictions which the 18 Lessee has placed on the use of the premises and each area thereof for the period covered 20 by the. report . . "' 21 (c) A statement as to the future plans of the Lessee for the 22 use of the leased premises, containing the following: ' 23 (1) Type of future development which is planned as 24 to each general area within the leased premises; 25 (11) Expected statewide benefit to be derived from the 26 development plan, "including the financial benefit 27 and the navigational, commercial or recreational 28 benefit; -� 29' (iii) The proposed method of financing the pli§n, estimat 30 capital costs, annual _perating costs, and annual ! i 31 revenues of the plan. 0 1 a 1 8.3 Lessee shall establish a separate account in the a Tideland Operating Fund (hereinafter called "Lease Account ") for 1. 3 the deposit of all revenue received from the leased premises. , 4 Where facilities are located partially on the leased premises and 5 partially on lands otherwise owned by the City, the revenues and 6 expenses attributable to said facility shall be apportioned between 7 appropriate City accounts, based upon the percentage of the facil- a ity located on the leased,premises and the portion located on the 9 lands otherwise owned by the City. A statement of financial 10 conditions and operations, to conform to the requirements of the 11 State Lands Division, shall be submitted to the Executive Officer 12 of the State Lands Division on or before September 30 of each year 13 for the preceding fiscal year. All money, if any, remaining in the 14 Lease Account, after the deduction of authorized expenses incurred; 15 at the end of the term of this lease shall be transferred to the 16 State; provided, however, that Lessee shall be entitled to a credit 17 for any funds advanced and expended for the purposes set 18 forth in paragraph 8.4. In the event uplands are acquired with 19 funds out of the Lease Account, such lands shall become the 20 property of the State at the end of the term of this lease. 21 8.4 The Lessee may use revenues accruing from or out 22 of the use of the leased premises for any or all of the following 23 purposes which,are matters of statewide, as distinguished from 24 local, interest and benefit: 25 (a) The construction, reconstruction, improvement, repair, 26 operation, maintenance, promotion, and protection of 27 works, lands and facilities necessary for the develop 28 ment of the leased premises for the highest-and best 29 use in the public interest, including, but not limited 30 'to, commerce, navigation, fisheries, marinas, small 31 boat harbors, marine stadiums, marine parks, beaches, ; -7- 20 provided that as to any expenditure of revenue from the Lease 21 Account for any single capital improvement involving an amount in 22 excess of fifty thousand dollars ($50,000) in the aggregate, the 23 Lessee shall file with the State Lands Commission a detailed 24 description of such capital improvement not less than'90 days 25 prior to the time of any disbursement therefor or in connection 26 therewith, excepting preliminary planning. Such description shall 27 specify, in additions the particular public interest and benefit, 28 the provision of this lease authorizing the proposed expenditure 29 and how the expenditure complies with the Lessee's statement of 30 future plans. The State bands Commission may, within 90 days after 31 the time of such filing, determine and, notify Lessee that such 1 streets, roadways, earthfills, bulkheads, piers, 2 supporting structures, buildings, recreational facil- 3 ities, landscaping, and parking lots situated upon the 4 leased premises, or adjacent thereto and reasonably 5 necessary to provide access to, or development and use 6 of the leased premises; 7 (b) The promotion, by advertising and such other means as 8 may be reasonable and.appropriate, of maximum use of 9 the leased premises or to encourage private investment 10 in development of the leased premises for the-highest 11 and best use in the statewide public interest; 12 (c) Any other uses or purposes of state, as distinguished 13 from purely local, interest and benefit, which are in 14 fulfillment of those uses and purposes described in 15 paragraph 8.1 hereof.--oz'. which are approved in advance 16 by the State Lands Commission; 17 (d) The acquisition of property and the rendition of 18 services reasonably necessary to the carrying out 19 of the foregoing uses and purposes; 20 provided that as to any expenditure of revenue from the Lease 21 Account for any single capital improvement involving an amount in 22 excess of fifty thousand dollars ($50,000) in the aggregate, the 23 Lessee shall file with the State Lands Commission a detailed 24 description of such capital improvement not less than'90 days 25 prior to the time of any disbursement therefor or in connection 26 therewith, excepting preliminary planning. Such description shall 27 specify, in additions the particular public interest and benefit, 28 the provision of this lease authorizing the proposed expenditure 29 and how the expenditure complies with the Lessee's statement of 30 future plans. The State bands Commission may, within 90 days after 31 the time of such filing, determine and, notify Lessee that such 1 capital improvement is not in the statewide interest and benefit, 2 or is not authorized by any of the provisions of this lease, or 3 does not comply with the Lessee's future plans. In the event the 4 State Lands Commission so notifies the Lessee that the capital 5 improvement is not authorized, the Lessee shall not disburse any 6 revenue for or in connection with such capital improvement, unless 7, and until the consent of the State Lands Commission is obtained or 8 a judicial determination has been made. Failure of the State - 9 Lands Commission to make such a notification within the 90 -day 10 period shall constitute approval by the State Lands Commission of 11 the proposed capital improvement. Any determination by the State 12 Lands Commission prior to the expiration of the aforesaid 90 -day 13 period, declaring that the proposed capital improvement satisfies 14 the criteria set forth herein, shall operate as the termination of 15 the aforesaid 90 -day period. 16 8.5 Lessee agrees that, in its employment practices 17 arising out of or connected with its operations under this lease, 18 -it shall not discriminate against 'any individual because of race, 119 color, ancestry, national origin, or religion. 20 ENTRY BY STATE: 21 9. State, through its authorized agents, shall have the 22 right at all reasonable times to go upon the leased premises for 23 the purpose of inspecting the same, or for the purpose of maintain 24 ing or repairing said premises, or for the purpose of placing upon 25 the property any usual or ordinary signs, or for fire or.police 26 purposes,or to protect the premises from any cause whatever, with - 27 out any rebate of charges and without any liability on the part 28 of the State for any loss of occupation or quiet enjoyment of the 29 premises thereby occasioned. 30 RESTORATION OF PROPERTY: 31 10. Lessee will on the last day of the lease term or any, 1 extension thereof, or sooner termination of this lease, peaceably 2 and quietly leave, surrender and yield up to the State, all and 3 singular, the leased premises in good order, condition and repair, 4 reasonable use and wear thereof, and damage by act of God or the 5 elements excepted. Lessee, at the option of the State, will 6 immediately upon termination, at his own expense and risk, salvage 7 and remove all structures erected by Lessee and restore the land 8 as nearly as possible to the condition existing at the date of 9 execution of this lease, free of debris, and shall repair and 10 restore any damage to the improvements, if any,-owned by the State 11 resulting from either construction or removal by Lessee or result- 12 ing from causee for which Lessee is liable under this lease, and 13 shall complete said removal and restoration within ninety (90) 14 days after termination of this lease. In the event that Lessee 15 fails to comply with this covenant, State may make such removal 16 or restoration and'Lessee agrees to pay all of the costs involved 17 therein. 18 FORCE MAJEUER: 19 11. It is understood that Lessee's obligations here - 20 under shall be suspended during any period in which Lessee is 21 prevented from complying therewith by acts of God, riots, acts 22 of Federal or State agencies, or any other cause beyond Lessee's 23 reasonable control. 24 QUITCLAIM RECORDING: 25 12. Upon the termination of the rights hereby granted, 26 Lessee shall execute and deliver to State, within thirty (30) 27 days after service of written demand thereof, a good and sufficien 28 quitclaim deed to the rights arising hereunder. Should Lessee 29 fail or refuse to deliver to the State a quitclaim deed as afore- 30 said, a written notice by the State reciting the failure or 31 refusal of Lessee to execute and deliver said quitclaim deed as -10- 1 'herein provides' terminating this lease, sh 11 after ten (10) days 0 tic be conclusive .� 2 from the date of recordation of said notice, J ; 3 evidence against Lessee and all persons claiming under Lessee of 4 the termination of this lease. 5 NOTICES: 6 13. All notices herein provided to be given shall be 7 deemed to have been fully given when made in writing and deposited 8 in the United States mail, registered or certified and postage 9 prepaid, addressed as follows: 10 To the State: State Lands Commission 11 Room 305, California State Building 21T;West First Street 12 Los Angeles, California 90012 13 To the Lessee: City of Long Beach 14 City Manager City Hall . 15 Long Beach, California 90802. 16 WAIVER OF BREACH: 17 14. The waiver by the State of any breach of any term, 18 covenant or condition herein contained shall not be deemed to be 19' a waiver of such term, covenant or condition with respect to any 20 subsequent breach of the same or any other term, covenant or 21 condition herein contained. The subsequent acceptance of monies 22 hereunder by the State shall not be deemed to be'a waiver of any 23 preceding breach by Lessee of any term, covenant or condition of 24 this lease, other than the failure of Lessee to pay the particular 25 monies so accepted, regardless of the State's knowledge of such 26 preceding breach at the time of acceptance of such monies. 27 -TERMINATION OR MODIFICATION: 28 15. This agreement may'be•,termihated only by the mutual 29 consent of the parties hereto. No act or omission by either the 30 State or Lessee shall constitute a modification of this lease, it 31 being understood by all parties that this lease may be changed or -11- t • M 1 otherwise modified only by written agreement of all parties. 2 SUCCESSORS: 3 16. The covenants and conditions herein contained shall, 4 subject to the provisions as to assignment, apply to and bind the 5 heirs, successors, executors, administrators and assigns of all of 6 the parties hereto; and all'of the parties hereto shall be jointly 7 and severally liable hereunder. 8 TIME OF ESSENCE: g 17. Time is of the essence of this lease. 10 CAPTIONS: 11 18; The captions in the margins of this lease are for 12 convenience only and are not a part of this lease and do not in 13 any way limit or amplify the terms and provisions of this lease. 14 , This agreement will become binding on the State only 15 when duly executed by the Executive Officer of the State Lands 16 Commission of the State of California. 17 IN WITNESS WHEREOF, the parties hereto have executed 18 this agreement as of the date hereafter affixed. 19 LESSEE* STATE OF CALIFORNIA acting by and through 20 CITY OF LONG BEACH STATE LANDS COMMISSION 21 City Hall By 22 Long Beach, California 90802 ORT Address �ecutive icer 23 24 P J R. MAN ELL, City Ma ager Dat o ignature 25 28 29 30 31 *City Seal shall be affixed and a certified copy of the City Council resolution authorizing execution shall be attached. -12- B001C C35 jy rage u« 1 STATE OF CALIFORNIA sa: - 2 COUNTY OF LOS ANGELES' 3 Onr%t„�"t,��`_ 19a before me, the undersigned, in a Notary in and for said State, with principal F.fJicHOFtTIG, 4 �� Gt�•.� , ,1�. County, personally app 5 kno to me to.je the Executive Officer of the STATE LANDS COMMISSION, STATE OF CALIFORNIA, the Commission that executed the 6 within Instrument, known to me to be the person who executed the within Instrument on behalf of the Commission therein named, and 7 acknowlejdged t that asuch resolutionaofnitaeConunissionerswithin Instrument pursuant 8 , IN WITNESS WHEREOF, I have hereunto set my hand and affixed 9 my official seal'on the day and year in this certificate first above written. 10 �--� 11 0FFI1 —IA' Notary is in an for he County s ���• NOTARY PUB' IC • CAI.1: t..RNIA r J l2 PRINCIPAL OFFICE IN of Los A6geles, State of California ►•' LOS ANGELES COUNTY 13 , Ny Coohnission ExrTres Oct 30,1910 �.... 14 15 STATE OF CALIFORNIA ss: 16 COUNTY OF S ANGELES 17 On , Iq ��� , before me, the undersigned a Nota lie i nd or the County of Los Angeles, State of 18 Califo a, , person ly appeared JOHN R. MANSELL, known to me to be the City Manager of the, CITY OF LONG BEACH, and known to me to 19 be the person who executed the within Instrument on behalf of said City of Long Beach, and acknowledged to me that said municipal its 20 charter,. Resolutions tOrdinancesland applicable State olaw. Charter, , 21 IN WITNESea1WIU;R�hOF,day and year inothis certificate first on 22 my official above written. 23 24 25 26 APPROVED AS -fu NORM 27 ....... -�`' ............ . �9... ..L11:OI' kD PU1, AIM Sry��Attorney 29 OEP 'TY CITY ATTORNEY 30 31 -13- s Angeles, Califo rni RE MARGARET I MpO � I NOTARY PUBLIC - CALIFORNIA PRINCIPAL OFFICE IN 1 LOS ANGELES COUNTY MY COMMISSION EXPIRES JANUARY 10, 1971 r i ATE OF CALIFORNIA ST ss CNTy OF LOS ANGELES CO � CITY OF LONG BEACH • Book 8539 page 622 Clerk of the City °f MOORS, City olution 19 �RGARET L. that the attached Res do hereby certify duly enacted Long $each, resolution, 1967 is a true copy °f said No. C -20088 the City of Long Beach on November 28 � the City Council °f to law, and that the by osted, according DELANDS LEASE' CITY OF and thereafter duly P attached thereto entitled TI CALIFO��' is a CIa, lease f °� NDS LOCATED IN SEAL BEA 20088 . ZA esolut,oa No. C- LONG BF,ACH,� attached to R ° of said ease form said resolution and said aid 1 true c Py thereof on time of its enactment' as s originals at the ear from the of Long $each. respectively appear the City lease fO� f the City Clerk of file in the office o 1968. Dated .i 1- l RESOLUTION NO. C -20088 2 3 A RESOLUTION AUTHORIZING EXECUTION OF 4 SEAL BEACH BOUNDARY AGREEMENT NO. 2, AUTHORIZING 5 EXECUTION OF LEASE BY THE STATE OF CALIFORNIA 6 TO THE CITY OF LONG BEACH OF CERTAIN FILLED, 7 TIDE AND SUBMERGED LANDS ADJACENT TO THE EAST 8 JETTY AND ENTRANCE CHANNEL OF ALAMITOS.BAY, .9 LOCATED.IN THE CITY OF SEAL BEACH, AUTHORIZING 10 EXECUTION OF A CONVEYANCE OF RIGHT -OF -WAY 11 ALONG THE SAN GABRIEL RIVER FLOOD CONTROL 12 CHANNEL TO THE LOS ANGELES COUNTY FLOOD 13 CONTROL DISTRICT AND AUTHORIZING ACCEPTANCE : 0 S S 14 OF A DEED FROM THE EAST NAPLES LAND COMPANY 0 Z is 15 TO THE CITY OF LONG BEACH, OF A PARCEL OF ♦JtCo IL 0o W �< 1WJuc 16 LAND SOUTH OF MARINA DRIVE. 17. �K``J i} 18 The City Council of the City of Long Beach resolves u � 19 as follows: 20 Section 1. The City Manager is hereby authorized 21 to execute a boundary agreement in substantial compliance with 22 the form herewith submitted and-approved, entitled SEAL BEACH 23 BOUNDARY AGREEMENT NO. 2, whereby the westerly most portion 24 within the City of Seal Beach of the seaward boundary line 25 delineating lands derived in title"afrom the Rancho Los Alamitos 26 is agreed, defined and established for all time. 27 Sec. 2. The City Manager is hereby authorized to 28 execute a'lease from the State of California to the City of 29 Long Beach in substantial compliance with the form herewith 30 submitted and approved, entitled TIDELANDS LEASE, CITY OF LONG 31 BEACH, RE: LANDS LOCATED IN SEAL BEACH, CALIFORNIA, which 32 lease has a term of 49 years and relates to that property withii 1- 2 1 the entrance channel to Alamitos Bay and adjacent to the east •2 jetty of said entrance channel as lies-within the City of Seal 3 Beach. 4 Sec. 3. The City Manager is hereby authorized to 5 execute a conveyance in substantial compliance with the form 6 herewith submitted and approved, entitled CONVEYANCE BY CITY 7 OF LONG BEACH TO LOS ANGELES COUNTY FLOOD CONTROL DISTRICT OF 8 RIGHT -OF -WAY FOR FLOOD CONTROL PURPOSES IN SAN GABRIEL RIVER 9 FLOOD CONTROL CHANNEL, for the purpose of confirming and 10 'securing the Los Angeles County Flood Control District in 11 its right to operate and maintain the San Gabriel River Flood 12 Control Channel for flood control purposes. 13 Sec. 4. The City Attorney, acting pursuant to the So 14 general authority of the October 29, 1957 order of this City o Zs i 15 Council, is specifically authorized to execute a certificate <oo O S 16 of acceptance to such deed as is drawn in substantial com- e � J o a $�W WW 17 pliance with the form herewith submitted, entitled QUITCLAIM JF zF 18 DEED, and is executed by the East Naples Land Company and u J 19 delivered to the City of Long Beach, regarding the parcel of 20 land described therein lying south of Marina Drive, partly in 21' Los Angeles County and partly in Orange County,,and thereupon 22 to cause said quitclaim to be recorded. 23 Sec. 5. The City Clerk shall certify to the-passage 24 of this resolution by the City Council of the City of Long 25 Beach and cause the same to be posted in three (3) conspicuous 26 places in the City of Long Beach and it shall thereupon take 27 effect. 28 I hereby certify that the foregoing resolution was 29 adopted, by the City Council of the City of Long Beach at its 30 meeting of November 28, 1967, by the following vote: 31 Ayes: Councilmen; Bo, pFq?S,CLARK,s rT� LlyU, • 32 S"RAHAM,CC B , ,KE T R- 2 f 1� 1 L 1. Z « u ° ° 0 1' o ° < Zo j 1 � F J i 0 o 2 =!n dO If W V .two 0 < = O = I r°,oe° CW 1� J 0 W 2 lF V J 19 20 21 22 23 24 25 26 27 28 29 30 31 32 3 BASIN 'No. I D� I 1 CEPTED FROM LEASE EA - PORTION OF PARCEL IS, CTION I CHAP I579, \ ATS. 1961 BASIN \ i i wl H v • PEDRO /L 1_ ►ICPT14F_NN LINE LOT A 1 RANCHO LOS ALAIAITOS 4 -ter- -- ('i s iOO /138 -139, L.ALO. SEAL L OCEAN Lill", F-il n, BEACH AVENUE ;761 x w. 614 11.2 PLOT SHOWING TIDE AND SUBMERGED 1 LANDS WITHIN THE CITY OF SEAL BEACH I LEASED TO THE CITY OF LONG BEACH A 1 1 , N9 O f' S Lu Z U w < _ Q Z �� Q cl V A dc to J Q m N IA BA N OTE BEARINGS SHOWN HEREON ARE BASED UPON THE CALIFORNIA COCROINATE SYST, ZONE 7. UPON THIS SYSTEM COURSE No.°_ OF RANCHO LOS ALAMITOS HAS A VALUE OF N. 37.52'11 .9' W. ;761 x w. 614 11.2 PLOT SHOWING TIDE AND SUBMERGED 1 LANDS WITHIN THE CITY OF SEAL BEACH I LEASED TO THE CITY OF LONG BEACH A I for a term of 49 years, beginning march 8, 1968 to 2 March 8, 2017 (unless sooner terminated as hereinafter 3 provided) those certain sovereign lands along the ocean front of 4 the Pacific Ocean in the City of Seal Beach, situate in the County 5 of Orange, State or California, and more particularly described 6 as follows: 7 Beginning at the intersection of the northerly line of Lot A2 in the Rancho Los Alamitos as shown on Map No. 1 of a portion 8 of said Rancho filed in Decree of Partition in Superior Court Case No. 13527 in the-County of Los Angeles, California, a g co py of which was recorded January 29, 1891 in book 700 pages 138 and 139 of Deeds in the county recorder's office of said 10 Los Angeles County, a copy of which was recorded March 12, 1891 in book 114 page 31 of Deeds in the office of the county recorder 11 of said Orange County with the boundary line between Stations 1 and 2 of Los Angeles and Orange Counties as surveyed by the 12 County Surveyor of said Los Angeles County and established by the California Legislature in 1919 and as shown on Los Angeles 13 County Surveyor's Map No. 8175, recorded in book 39 page 52 of Miscellaneous Records in the office of the county recorder of, 14 said Los Angeles County; thence along said northerly line of Lot A2 easterly 150.00 feet; thence South 170 28' 11" West 15 700.00 feet; thence South 280 48' 57" West 3,450 feet; thence North 610 11103" West 6114 feet more or less to the said bound - 16 ary line between Los Angeles and Orange Counties; thence north- easterly along said boundary line to the Point of Beginning. 17 EXCEPT therefrom all of the land within the metes and bounds description shown as Parcel 180 Section 1, Chapter 1579, 18 California Statutes of 1961. 19 Said land contains 43 acres more or less. 20 Bearings contained in this description are based upon the California Coordinate System Zone 7. Upon this System Course No. 50 of said 21 Rancho Los Alamitos has a value of North 37� 52' 11.9" West. 22 CONSIDERATION: 23 2. The primary consideration for the granting of this 24 lease shall be the public benefit. The Lessee shall pay to the 25 State any profit derived from the operations hereinafter described 26 pursuant to the provisions of paragraph'-8 hereof. 27 ASSIGNMENT AND SUBLETTING: 28 3. Lessee shall not assign this lease. Nothing here- 29 in, however, shall prohibit Lessee from entering into leases, 30 subleases, franchises or permits or other agreements with third 31 persons for the use of limited areas of the leased premises -2- e Book 8539 Page 608 5669 1 Recorded at the request of: State of California N. Gregory ,Taylor, Deputy Attorney General 217 West First St. (Rm. 750) Los Angeles, Calif.-90012 NO TAX DUE Recorded at Request Of State of California In Official Records Of Orange County, Calif. 9:05 AM MAR 11 1968 J. WYLIE CARLYLE, County Recorder •RE I C4 TIDELANDS LEASE W.O. 6840 CITY OF LONG BEACH P.R.C. 3847.9 REs LANDS LOCATED IN SEAL ERACH, CALIFORNIA [Lease dated 3 January 19680 by and between STATE OF CALIFORNIA, acting through the State Lands Commission (STATE - Lessor) and CITY OF LONG BEACH (THE CITY - Lessee)) w f 1 t i h 1 n 3 5 C 7 a 9 1.0 11 12 13 ;fit. 75 16 �.7 18 19 20 21 22 23 24 25 26 27 28 29 30 31 LOUNPARY AGREEMENT w.o. 6566 B.L.A. 90 THIS BOUNDARY AGItE IAENT, made and entered Into by and between STATE OF CALIFORNIA, acting by and through the STATE LANDS COMMISSION (as Party of the First Part, hereinafter referred to as "the State "), the CITY OF SEAL BEACH, a municipal corporation (as Party of the Second Part, hereinafter referred to as "the City "), and DEPARTMENT Or, WATER AND P014ER OF THE CITY OF LOS ANGELES, on behalf of the CITY OF LOS ANGELES, a municipal corporation (hereinafter referred to as' "Department of water and Power "). 'GIITNESSETH:- WHEREAS, -the State by virtue of its sovereignty is the owner of tide and submerged lands along the ocean front of the City of Seal Beach, California; 17HEREAS, the City and Department of Water,and Power are the owners of the uplands abutting the aforementioned ocean front; 1 1411EREAS, the line of ordinary high tide of the Pacific Ocean is the seaward boundary of the lands owned by the'City and Department of Water and Power, and is the landward boundary of the lands of the State; WHEREAS, the line of mean high tide of the Pacific Ocean, as I the same may have existed in its last natural state, has been affected and controlled by artificial'processes, and•Ithere is substantial doubt and uncertainty as to the last natural location thereof and, consequently, the true boundary between the lands of the State, and the City and Department of Plater and Power is uncertain and in doubt; WHEREAS, the State Lands Commission, pursuant to Section 6357 of the Public Resources Code: "...may establish the ordinary highwater mark—of tide and submerged lands of this State, by agreement, arbitration, or action to quiet title, whenever it -1- ' n 1 2 3 4 J 6 7 9 10 11 12 13 14. 15, 1G 17 18 19 20 21 22 23 24 25 26 27 23 29 30 3Z is deemed expedient or necessary: "; WHEREAS, the State, the City and Department of Water and Power consider it expedient and necessary, and in the best interests of the State, the City, Department of Water and Power and the public, to determine, describe and fix permanently the boundary between the lands belonging to the respective parties hereto, and forever set at rest anY and all questions relating to the location of the hereinafter described boundary; NOW, THEREFORE, in order to locate,•describe and 'permanently establish the true and correct boundary between the lands of the State, and the City and Department of Water and power, it is agreed as follows that: 1. Said boundary line is and shall, be located and established as follows: Beginning at the southeast corner of Tract No. 1 in the City of Seal Beach, County of Orange, State of California, said corner being the intersection of the northeast line of Electric Avenue with the southern line of Seal Way.as shown upon the map of said Tract No. 1, recorded in Book 9 of Miscellaneous Maps at Page l,• Orange County Records; thence continuing westerly along the southern line of Seal Way as shown upon said map to the'w stern boundary of Tract No. 1; thence northwesterly from said point i in a direct line 3,58+.36 feet more or less to an intersection with the southwesterly prolongation of the centerline of Third' Street in the City of Seal Beach as said street is shown ,upon the map of Tract No. 2, recorded in Book 9 of Miscellaneous Maps, records of said county, at a point located 255.5 feet southwesterly from the southwest line of Ocean Blvd., thence continuing northwesterly along a prolongation of the foregoing course 590.18 feet more or less to the intersection with Uouthwesterly prolongation of the southeasterly line of First Street (60 feet wide) as shown upon the map of Bay City, -2- r .I . 4 5 e 7 E 9 10 11 12 13 14 15 16 17 18 19I 20 21 22 23 I 24 25 26 27 28 29 30 31 recorded in Book 3 of Miscellaneous Maps at page 19; thence northeasterly along said line of First Street to a point distant 273.93 feet southwesterly from the southwest line of Ocean Blvd.; thence N. 580 54' W., '55.32 feet; thence N. 22° 51' W., 366.64 feet; thence N. 24° 31' E.,*78.78 feet more or less to a point on the southwest line of Ocean Blvd.; as shown upon said map of Bay City, distant 362.19 feet measured along said line of Ocean B1Yd., from the intersection with the southwesterly prolongation i of the southeasterly line of First Street. Bearings used in this description have the same basis as' those shown upon the above- mentioned map of Bay City. The above - described line is shown on the attached map incorporated herein by'reference. 2. It is the intent -of the parties hereto that the afore- . described boundary line shall be permanent and fixed and not subject to Ichange'by reason -of erosion or accretion. 3. This agreement shall be effective - when-- signed7by all the parties hereto and shall be binding upon and inure to the benefit of the successors and assigns of the parties hereto. 4. It is expressly understood by all parties hereto that the provisions set forth in this agreement have been determined for Ipurposes " I of compromising and settling the boundary of the land§ of theparties hereto. The boundary line shall not constitute any admission, nor is it to be construed as any expression on-the part of any party executing -3- IN 7 S 9 10 11 12 13 14 15 16 17 is 19 201 21, 22 23 24 25 26 27 28 29 30 3111 r • y this agreement, except as between the parties hereto. IN WITNESS WHEREOF, each party hereto has caused this agreement to be executed. STATE OF CALIFORNIA acting by and through STATE LANDS CCMMISSION X1967 By f Date Sig ure 10 HOR;Zf Executive fi cer STATE OF CAL FORNIA ) ss: COUNTY OF ;� On C)/J. a,G' /V , 1967, •before me-,'the u ersigned, a Notary Public in and for g. id te, with principal office in lL --r�l �.l� --ii County, personally./ ed F. J. HORTIG, known to me to e.the Exe• tive Officer of the STATE LANDS COMMISSION, STATE OF CALIFORNIA, the Commission that executed the within Instrument, known to me to be the person who executed the within Instrument on behalf of th-e-Commission therein named, and acknowledged to me that sucbeCommission executed the within Instrument pursuant to a resolution Of its Commissioners. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official. seal on the day and year in this certificate first above written. n .............................. " mm�nmm�Mn... ................................ ..n...........m.... "m.......... r OFFICIAL SEAL o MYRTLE S1•RATTON UB_IC- CALIFORNIA I C 17 o Low A r�L OFFICE_ IN N tary ub �_ in and for the County " LES COUNTY - . ........................._.,..,.........,....,.,,.,..,..,..,. ,....,......,.,,..,......,...., „.,,,...,. .......: of -� _ CLa�"" , State My Commission Expires Oct. 30, 1970 of California IN APPROVAL WHEREOF, I. RONALD REAGAN Governor of the State of California have set my hand and _ caused the Seal of the State of ' California to be hereunto affixed pursuant to Section 6107 of the ` Public Resources Code of the State of California. Given under my hand at the Ci�y of Sacram to, this, the AO t L day of F in the year of our Lo d on thousand nine hundred and si- _ seven. Attest: Governor a—of State -4- {�� ' °„�.•�rs� -• f i cif it.�� Ll_.if��- �- �«�,w....a Secretary of State `7c )uty Secretary of Statp W. o. 6566 B.L.A. 90 1 2 3 4 5 IN 7 S 9 10 11 12 13 14 15 16 17 is 19 201 21, 22 23 24 25 26 27 28 29 30 3111 r • y this agreement, except as between the parties hereto. IN WITNESS WHEREOF, each party hereto has caused this agreement to be executed. STATE OF CALIFORNIA acting by and through STATE LANDS CCMMISSION X1967 By f Date Sig ure 10 HOR;Zf Executive fi cer STATE OF CAL FORNIA ) ss: COUNTY OF ;� On C)/J. a,G' /V , 1967, •before me-,'the u ersigned, a Notary Public in and for g. id te, with principal office in lL --r�l �.l� --ii County, personally./ ed F. J. HORTIG, known to me to e.the Exe• tive Officer of the STATE LANDS COMMISSION, STATE OF CALIFORNIA, the Commission that executed the within Instrument, known to me to be the person who executed the within Instrument on behalf of th-e-Commission therein named, and acknowledged to me that sucbeCommission executed the within Instrument pursuant to a resolution Of its Commissioners. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official. seal on the day and year in this certificate first above written. n .............................. " mm�nmm�Mn... ................................ ..n...........m.... "m.......... r OFFICIAL SEAL o MYRTLE S1•RATTON UB_IC- CALIFORNIA I C 17 o Low A r�L OFFICE_ IN N tary ub �_ in and for the County " LES COUNTY - . ........................._.,..,.........,....,.,,.,..,..,..,. ,....,......,.,,..,......,...., „.,,,...,. .......: of -� _ CLa�"" , State My Commission Expires Oct. 30, 1970 of California IN APPROVAL WHEREOF, I. RONALD REAGAN Governor of the State of California have set my hand and _ caused the Seal of the State of ' California to be hereunto affixed pursuant to Section 6107 of the ` Public Resources Code of the State of California. Given under my hand at the Ci�y of Sacram to, this, the AO t L day of F in the year of our Lo d on thousand nine hundred and si- _ seven. Attest: Governor a—of State -4- {�� ' °„�.•�rs� -• f i cif it.�� Ll_.if��- �- �«�,w....a Secretary of State `7c )uty Secretary of Statp W. o. 6566 B.L.A. 90 11 12 1J 14 15 16 17 a>; 19 20 21 22 23 24 25 25 27 28 29 30 31 CITY OF SEAL BEACH, a municipal corporation by Date of Signature I LEE'RISNER, City Manager STATE OF CALIFORNIA ) ) ssi COUNTY OF ORANGE 1 On \` }Z -� �, J, 1967, before me, the undersigned, a Notary Public in and for the County of Orange, State of California, personally appeared LEE RISNER, known to me to be the City Manager of the City of Seal Beach; and known to rle to be the person who executed the within Instrument on behalf of said City of Seal Beach, and acknowledged to me that said municipal corpora- tion executed the within Instrument pursuant to its Charter, Resolutions, Ordinances and applicable State law. IN WITNESS F/HEREOF, I have hereunto set my hand and affixed my official seal on the day and year in this certificate first above written. ,..........`...o, ,,,,,,,,,,,,,,,,,,,,,,, ..... .. .., OFFICIAL SEAL.,,,,. LOLITA L. TH01VIAS �. W NOTARY PUBLIC - CAL11-ORNIA PRINCIPAL GFFIL E- iPJ-_. . ....................................................... .r 1 - s 4 5 6 7 8 9 10 11 12 1J 14 15 16 17 a>; 19 20 21 22 23 24 25 25 27 28 29 30 31 CITY OF SEAL BEACH, a municipal corporation by Date of Signature I LEE'RISNER, City Manager STATE OF CALIFORNIA ) ) ssi COUNTY OF ORANGE 1 On \` }Z -� �, J, 1967, before me, the undersigned, a Notary Public in and for the County of Orange, State of California, personally appeared LEE RISNER, known to me to be the City Manager of the City of Seal Beach; and known to rle to be the person who executed the within Instrument on behalf of said City of Seal Beach, and acknowledged to me that said municipal corpora- tion executed the within Instrument pursuant to its Charter, Resolutions, Ordinances and applicable State law. IN WITNESS F/HEREOF, I have hereunto set my hand and affixed my official seal on the day and year in this certificate first above written. ,..........`...o, ,,,,,,,,,,,,,,,,,,,,,,, ..... .. .., OFFICIAL SEAL.,,,,. LOLITA L. TH01VIAS �. NOTARY PUBLIC - CAL11-ORNIA PRINCIPAL GFFIL E- iPJ-_. . ....................................................... ORANGE COUNTY ..............................' JUL 11 1967 , 1967 Date of Signature JUL 11 1967 , 1967 Date of Signature Notary Public in and for the County of Orange, State of California LOLITA L. THOMAS My Commission Expires April 12, 1969 DEPARTMENT OF WATER AND , POWER OF THE CITj� OF LOS ANGELES, on behalf of the CITY OFD+ LOS ANGELES, a municipal corporation. By: City of Los Angeles Board of Water and Power Commissioners Attes siden STATE OF CALIFORNIA ) ss: °+ COUNTY OF LOS ANGELES ) , On /i , 1967, before me, the undersigned, a Notary Public in and for �`!I@ ;yA oil Angeles, State of California, personally appeared M. known to me to be the President and Secretary of the City of os Ange a hard of Water and Power Commissioners and known t ame to be the persons who executed the within Instrument on behalf of said Cit fl�_ o z Los Angeles, 'and acknowledged to me that said municipal corporation execut LLJx z N the within Isistrumen., pursuant to its Charter and applicable State law. z U_ W � IN WITNESS WHEREOF, I have hereunto set my hand and affixed my offici seal on the day and year in this certificate first above written. anocy r*PRIV ka iv EQSGR PubliC in and f the County of Los Angeles, State of California ID ;pjlj rills Al'.' 1Cy ALICE R. MAUTHE - My commission expires Apr. 15, 1971 w. o. 6566 B.L.A. 90 0 Q 9 LL. V �?0 w Q ca t,Jaa vz Uy. z Jcr FtA Q�a0 0 z .� N w Z O O w v z w • va zoo o y-t0 aaa ° •N LO o N °(D0 v 43 C) W H N •�+ o3 Ita .3 �o m vs O 4a 4 °i v O N w r C,) y •N `p CCJ 4J w i qN U O O ,N ra .bp N N CS Cn .� 'r•1 2 d N d CH O ,u c O +� U 0 Q arN�g ' x I ' r 42 • ri bo lie Cj f m - d N a cif �3 ,s� • H h tV, v � Z w ; 2 ta :r4 I •� I � j r � r � r � •r QoQ . 'y S � . n � a r I MINUTE ITEM 6/22/67 42. BOUNDARY LINE AGREEMENT ALONG SHORE OF PACIFIC OCEAN tiJITH THE CITY OF SEAL BEACH AND THE DEPARTMEPIT OF WATER AND POWER OF T11E- CITY OF LOS -ANGELES IN THE • CITY OF SEAL BEACH, ORANGE COUNTY •- W.O. 6566, B.L.A. 90. After consideration of Calendar Item 43 attached, and upon motion duly made • and carried; the following resolution was adopted: THE EXECUTIVE OFFICER IS AUTHORIZED TO EXECUTE A BOUNDARY LIME AGREEMENT BETWEEN THE CITY OF SEAL BEACH AMID THE DEPARTMENT OF WATER AND POWER OF THE ,CITY OF LOS ANGELES AND THE STATE OF CALIFORNIA, COPY OF WHICIi IS ATTACHED AS EXHIBIT "B" AND HEREBY MADE A PART HEREOF, FIXING THE BOUNDARY OF THE STATE TIDE AND SUBMERGED LANDS ALONG THE PACIFIC OCEAN AND SEAL BEACH, ORANGE COUNTY. • Attachment - Calendar Item 43 (7 pages) ,i A 71 S 34 u 674 9 A '71- S 34 CALENDAR ITEM 6/67 43. AUTHORIZATION FOR THE EXECUTIVE OFFICER TO EXECUTE A BOUNDARY LINE AGREEMENT ALONG THE SHORE OF THE PACIFIC OCEAN WITH THE CITY OF SEAL BEACIi AND THE DEPARTMENT OF WATER AND POWER OF THE CITY OF LOS ANGELES IN THE CITY OF SEAL BEACH, ORANGE COUNTY-- W.O. 6566. The City of Seal Beach has requested a determination cf the boundary with the State along the Pacific Ocean in the City of Seal Beach, and the Department of Water and Power of the-City of Los Angeles has concurred. The major portion of this area was surveyed by the State Lands Division, and was approved by the State Lands Commission on November 10, 10,60; the remaining portion is defined by a bulkhead line. The aforesaid lines are a compromise of the respective claims in order to avoid complex and costly litigation and to expedite the leasing of State -owned land. The Office of the Attorney General has reviewed and approved -this boundary`'-. line agreement. IT IS RECOMMENDED THAT THE COMMISSION AUTHORIZE THE EXECUTIVE OFFICER TO EXECUTE A BOUNDARY LINE AGREEMENT BETWEEN THE CITY-OF SEAL BEACH AND THE DEPARTMENT OF WATER AND POWER OF THE CITY OF LOS ANGELES AND THE STATE OF CALIFORNIA, COPY OF WHICH IS ATTACHED AS EXHIBIT "B" AND HERRBY MADE A PART HEREOF, FIXING THE BOUNDARY OF THE STATE TIDE AND SUBMERGED LANDS ALONG THE, PACIFIC OCEAN AND SEAL, BEACH, ORANGE COUNTY. - - - -- - -- - -- - - - - -- - Attachment: Exhibit "A" .1 675 • EXHIBIT "B" BOUNDARY AGREEMENT W.O. 6566 TIiIS BOUNDARY AGREEMENT, made and entered into by and between STATE OF CALIFORNIA, acting by and through the STATE LANDS COMMISSION (as Party of the First Part, hereinafter referred to as "the State "), the CITY OF.SEAL.. BEACH, a municipal corporation (as Party of the Second Part,'hereinafter referred to,as "the City "), and DEPARTMENT OF 14ATER AND POWER OF THE CITY.OF LOS ANGELES, on behalf of the CITY OF LOS ANGELES, a municipal corporation (hereinafter referred to as "Department of Water and Power ").' WIT NESSETH: WHEREAS, the State--by -- virtue of its sovereignty is the owner of tide and submerged lands along the ocean front of-"the City of Seal Beach, California; WHEREAS, the City and Department of Water and -Power are the owners of the uplands abutting the aforementioned ocean front;, WHEREAS, the line of ordinary high tide of the Pacific Ocean is 'the seaward boundary of the lands owned by the City and Department of Water and Power, and is the landward boundary of the lands of the State; - - - -- WHEREAS, the line of mean high tide of the Pacific Ocean, as the same may have existed in its last natural state, has been affected and con- '• - trolled by artificial processes, and there is substantial doubt and uncertainty as to the last natural location thereof and, consequently, the true boundary between the lands of the State, and the City and Department of Water and Power is uncertain and in doubt; WHEREAS, the State Lands Commission, pursuant to Section 6357 of the Public Resources Code: , -2- 676 EXHTBTT "B" (CONTD. ) "...may establish the ordinary highwater mark. %.of tide and submerged lands of.this State, by agreement, arbitration, or action to quiet title, whenever it is deemed expedient or necessary. "; W REAS, the State, the City and Department of Water and Power cdn- sider it expedient and necessary, and in the best interests of the State, the City-). _Department of Water and Power ari d_the public, to determine, describe and fix permanently the boundary between the lands belonging to the respective parties hereto, and forever set at rest any and all questions relating to the location of the hereinafter described boundary; NOW, THEREFORE., in o-rk4 r to locate, describe and permanently establish the true and correct boundary between the lands of -the State, and the City and Department of Water and*Power, it is agreed as follows that:' 1. Said boundary -line is and shall be located- and - established asp follows: Beginning at the southeast corner of Tract No. 1 in the City of Seal _. Beach, County of Orange, State of California, said corner be'ng the intersection of the northeast line of•Electric Avenue with the southern line of Seal Way as shown upon the map of said Tract No.l, recorded in Book 9 of Miscellaneous Maps at Page 1, Orange County Records; thence continuing westerly along the southern line of Seal Way as Bhown upon - said map to the western boundary of Tract No. 1; thence northwesterly from said point in a direct line 3,584.36 feet more or less to an inter- section with the southwesterly prolongation of the centerline of Third Street in the City of Seal Beach as said street is shown upon the map of Tract No. 21 recorded in Book 9 of Miscellaneous Maps, records of _3- 677 i EXHIBIT "B" (CONTD.) said county, at a point located 255.5 feet southwesterly from the southwest line of Ocean Blvd.; thence continuing northwesterly along a prolongation of the foregoing course 590.18 feet more or less to the intersection with southwesterly prolongation of the southeasterly line of First Street (60 feet wide) as shown upon the map of Bay City, recorded in Book 3 of Miscellaneous Maps at page 19; thence northeasterly along said line of First Street to a point distant 273.93 feet southwesterly- from the southwest line of Ocean Blvd.; thence N. 580 54' W., 55.32 feet; thence N. 22° 51' W-, 366.64 feet; thence N. 240 31' E., 78.78 feet more or less to a point on the southwest line of Ocean Blvd.; as shown upon said map of Bay•City, distant 362.19 feet measured along said line-of Ocean Blvd., from the intersection with the southwesterly prolongation of the southeasterly line of First Street. Bearings used in this description have the same basis as those shown upon the above - mentioned map of Bay City. The above - described line is shown on the attached map incorporated herein by reference. 2. It is the intent of the parties hereto that the aforedescribed boundary line shall -be permanent and fixed and not subject to change by reason - - -- of erosion or. accretion. 3. This agreement shall be effective when signed by all the parties hereto and shall be binddng upon and inure to the benefit of the successors and assigns of the parties hereto. 4. ,It is expressly understood by all parties hereto that the pro- visions set forth in this agreement have been determined for purposes of compromising and settling the boundary of the lands of the parties hereto. 4 678 n • EXHIBIT "B" (CONrD. ) . The boundary line shall not constitute any admission, nor is it to be construed as any expression on the part of any party executing this agreement, except as betty• en the parties hereto. IN WITNESS WHEREOF) each party hereto.has caused this agreement to be executed. • STATE OF CALIFORNIA - - -- - - - - -__ _---_-__acting by and through -- -- STATE LANDS COMMISSION 1967 By Date of Signature F. J. HORTIG Executive Officer STATE OF CALIFORNIA COUNTY OF ) On , 1967, before me, the undersigned, a Notary Public in and for said State, with principal office in County, personally appeared F. J. HORTIG, known to me to be -the Executive Officer of the STATE LANDS COMMISSION, STATE OF CALIFORNIA, the Commission that executed the within Instrument, known to me to be the.person who executed the within Instrument on behalf of the Commission therein named, and acknowledged to me that such Commission executed the within Instrument pursuant to a resolution of -its Commissioners. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal-on the day and year in this certificate first above written. Notary Public in and for the County of Los •Angeles, . State of California -5- 679 . i. .- EXHIBIT "B" (CONTD.) IN APPROVAL WHEREOF, I, 4 ' RONALD REAGAN • Governor of the State of California have set my hand and caused the Seal of the State of California to be hereunto affixed pursuant to Section 6107 of the Public Resources Code of the State of California. Given under my hand r ' at the City of Sacramento, this, the day of • in the year of our. Lord one thousand nine hundred and sixty - seven. Attest-, Governor of State Secretary of State CITY OF SEAL BEACH, a municipal corporation 1967 By ' Date of Signature LEE RISNER, City Manager- STATE OF CALIFORNIA) ss: COUNTY OF ORANGE ) On , 19672 before me, the undersigned, a Notary Public in and for the County of Orange, State of California, personally. appeared LEE RISNER, known to me to be the City Manager of the City of Seal Beach, and known to me to be the person who executed the *ithin instrument on behalf of said City of Seal Beach, and acknowledged to me that said municipal corporation executed the within instrument pursuant to its Charter, Resolutions, Ordinances and applicable State law. IN WITNESS'WHEREOF, I have hereunto set my hand and affixed my official seal on the day and year in this certificate first above written. Notary Public in and for the Counf.y of Orange, State of California 68o - - - -- - - -- ------ - - - - -- r EXHIBIT "B" (COM.M. ) DEPARTMETU OF WATER AND POWER OF THE CITY OF LOS ANGELES, on behalf of the CITY OF LOS ANGELES, a municipal corporation. By: City of Los Angeles Board of Water and Power Commissioners 1967 Date of Signature President' Attested by: 1967 Date of Signature Secretary of Said Board STATE OF CALIFORNIA ) ---~ ) ss: COUNTY OF LOS ANGELES) On , 196'j, before me, the undersigned, a Notary Public in and for the County of Los Angeles, State of California, personally appeared known to me -to be the President and Secretary of tie City of Los Ange es Board of Water and Power Commissioners - and known to me to be the persons who executed the within instrument on behalf of said City of Los Angeles, and acknowledged to me that said municipal corporation executed the within instrument pursuant to its Charter and appli- cable State law. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal on the day and year in this certificate first -above written. Notary PubVLc in and for the County of Los Angeles, State of California -7- 681 �sc SS r r -, ,p7 77 _L8 BE IT t-licat, the ofZawe on bahvilf Of the fl �_.., m- ........ �.«.- ..M..,.....v..�_....... -.."sue Sta'Ue T.c7?i dS k C% iE;i?]_:3sion a�' ?f'.j. r+.'.ha City of Seal D ;. ch '%ti) i:i x a Portion 6f the of the nar Y• �. 1 q � 1 Beach Steam Plan. �:_ � €� � e.3 ShON-Ya _]tl rt:=:p c2tt, :: t: had ,o the proposed .-., agt.c_e-.�ii.nb3i» nv +F> in tasa hak1t:I:a o:s Z:ha SacS:et_ ?Y.'1T of this 1uCtairdy by and i!7Z�:i7 ill sa rl La�tre. a:`s? ' t bp F,�B'l.G� i is !1� .C�'-�+� i %i: C:aplc-_d and'' = purr —ved ; ai.-O that t1 he clg rao ci3:: be "' `' 6'd3lf of tiles s: ?v7e�.C`t.?ti3::irr :s.z.d Thle, C11.1- y 0 Xa TC? €i t'%stC1� Vice t ln—,;-sident. C:.xnd k - "h ' e�1r �. °��G�'G"�,1..;f i }t, t 1nt� �. a o� �a'L:6 ?LPL &im.:: ary of this a'iCJi:rd be and C.a23y ,��G }'L��.^ p3�' ii!Lse�'ii'�3,ro�?C� to _'a:r clite for �rld �2:�f o De-p a ! evad �1r�.", � ,7�zP �.� irA, is {:£Xa:� 't 23 w? d is �'a A-z 1. era a 'u. .id • c ?,JE.p_'et'°t v.-spy d)_ 4� ...,tip - .':stir .�'r'I.:L,Ca�i v'.d•` ptczd- 1-.0y 4 c- -m .'_•-on.rd r`':... YT' r _ aa ' !• !y ivy.: .�. �ai`.'d. Pciv" ::5' ri3a►::i�. 9 ��:t,Q:?���:� of The '-'it i o:.' ! os t }' ",!... - .e. ., s �>.. %= `s°:.: :s" c:4 3. tau meeting hale! JUL 11 1967 n GERTMEiD COPY " ". RESOLUTION NO._L rCr A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, A CHARTER CITY, AUTHORIZING THE - CITY MANAGER TO EXECUTE ON BEHALF OF THE CITY A BOUNDARY LINE AGREEMENT WITH THE STATE OF CALIFORNIA. WHEREAS, the line of mean high water of the Pacific Ocean, as it last existed—in a natural state, has been affected by articificial means, and there may be uncertainty as to said line of mean high water; and WHEREAS, it is desirable to determine and fix the'line of mean high water and thereby define the boundary line of such interests in property that the State of California and the City of Seal Beach may have adja- cent to the Pacific Ocean; and _ WHEREAS, the City of Seal Beach and the State of California cooperated in determining such boundary line in 1950, and the City Council finds that it is in the best interests of the citizens and tax- payers of the City of Seal Beach to fix permanently said boundary by an agreement pursuant to law; ,NOW, THEREFORE, THE CITY COUNCIL OF THE CITY -OF SEAL BEACH, CALIFORNIA, a municipal corporation and a charter city, does hereby resolve as follows: - Section 1. The City Manager is authorized to execute on behalf of-the City of Seal Beach, a boundary agreement by and between the State of California, acting by and through the State Lands Coininission, the Department of Water and Power, on behalf of the City of Los Angeles, and the City of Seal Beach, a municipal corporation and charter city, definjng and fixing the boundary and line of ordinary high water mark generally as follows; Beginning at the southeast corner of Tract No. 1 in the City of Seal Beach, County of Orange, State of California, said corner being - "- the intersection of the northeast line of Electric Avenue with the. southern line of Seal Way as shown upon tlje map of said Tract No. 1, recorded in-Book 9 of Miscellaneous Maps at Page 1, Orange County Records; thence continuing westerly along the southern line of Seal_ Way as shown upon said map to the western boundary of Tract No.l; thence northwesterly from said point in a direct line 3,584.36 feet more or less to an intersection with the southwesterly prolongation of the centerline of Third Street in the City of Seal Beach as said street is shown upon the.map of Tract No. 2, recorded in Book 9 of Miscellaneous_ Maps, records of said county, at a point located 255.5 feet south- westerly from the southwest line of Ocean Blvd.; thence continuing northwesterly along a prolongation of the foregoing course 590.18 feet more or less to the intersection with southwesterly'prolongation • of the southeasterly line,of First Street (60 feet Evide) as shown upon the map of Bay City, recorded in Book 3•of Miscellaneous Maps at Page 19; thence northeasterly along said line of First Street to a point distant 273.93 feet southwesterly from the southwest line of Ocean 7 Blvd.; thence N.. 580 54' W., 55.32 feet; thence N.. 220 51' W., 366.64 feet; thence N. 240 31' E., 78.78 feet more or less to a point on the-southwest line of Ocean Blvd.; as sho,.=n upon said map of Bay City, distant 362.19 feet measured along said-line of Ocean Blvd.,-' from the intersection with the southwesterly prolongation of the southeasterly line of First Street. Bearings used in this description have the same basis as those shown upon the above mentioned map of Bay City. PASSED, APPROVED, AND ADOPTED by the City Council -of the - Cit -of. Seal Beach at a meeting thereof held on the , r//c day of 1967. - - - - - - - - -- - - - -- - : - - Mayo ATTEST: .. -�F, +1a r- it ^ ?:.r - ...ri -n ^.,'T °R;?4'.�rr�. .G;.�- .- Ka ^r:.r; a �:+-^y.c. ..vr�a -e• - .. _ . - -. .- -, R+•.cT... -... �:r.�;y.i.,..- ...r "';e..�.: °a'a.�,r'•, i-wY: _C^c- ,r:�^'-': ""- ;•':4T-6•;rati. a.rSY _ City Clerk STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS - - -- -- -- - - - -- -- - - - - - -- - - - -- - - - -- - - - - -- - - -- - - CITY OF SEAL BEACH ) = I, F. W. Hickman, City Clerk and.ex- officio clerk of the City Council,. hereby certify that the foregoing resolution was passed, approved, and - adopted by the City Council of the City of Seal Beach at:•a meeting - - -- • thereof held on the 5th day of June, 1967, by the following vote:' _ AYES: Councilmen Hamilton, Dre•is, Gummere Ili NOES: Councilmen None ABSENT: Councilmen Anderson, Gemmill = City Clerk I ._.7 - -- - - -• - -- - - .... — I - i COPY • RESOLUTION NO. /55• • ? A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF -- -- SEAL BEACH,, CALIFORNIA, A CHARTER CITY, AUrHORIZ- ING A1`4D DIRECTING THE RECORDATION OF AN AGREEMENT BETWEEN THE CITY OF SEAL BEACH AND THE STATE OF CALIFORNIA DETERMINING AND FIXING BOUNDARY LINES. WHEREAS, the City of Seal Beach, by Resolutibn Number-1555, adopted on June 5, 1967, authorized the execution of a boundary line agreement between the City of- Seal Beach and the State of California — ^" determining and fixing the boundary and line of ordinary izigh.wate'r mark; - " - -- NOW, THEREFORE, be it resolved by the City Council -of the City of Seal Beach as follows: Section I. The City Clerk of the City of Seal Beach'is hereby authorized and directed to- record with the County Recorder of Orange County the BOUNDARY AGREEMENT dated J'sly 14, 1967, and authorized by Resolution Number 1555. PASSED, APPROVED, AND ADOPTED BY THE CITY''COUNCIL OF THE CITY OF SEAL BEACH at a meeting the_ reof held on the 7th d_a_y_o_f_ Au&st, 1967, by the following vote: - AYES: Councilmen l��' i NOES: Councilmen `" C4 f ABSENT:. Councilmen ice- ' { - ayor - ATTEST: City Clerk I-., i i CG c324,D 'F7.Ct 392 RESOLUTION NO,.. /f ~�'. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA A C[iARTER CITY, AUTHORIZ- ING AND DIRECTING THE RECORDATION OF A LEASE BETWEEN - THE 'CITE' OF SEAT, BEACH _ARID THE STATE OF CALIFORNIA FOR USE OF CERTAIN STATE -OWNED TIDE AND SUBMERGED LANDS, WIiEREAS, the City of Seal Beach, by Resolution Number 1556,, - - -- adopted on June 5, 1967, authorized the execution of a lease between the City of Seal Beach and the State of California for use of certain state -owned tide and submerged lands within the City's corporate boundaries.: NOW, THEREFORE, be it resolved by of Seal Beach as follows: ' Section 1. The City Clerk of the authorized and 'directed t-o.record with County the TIDELAII.DS LEASE dared July Resolution Plumber 1556. the Gi.ty Council of the City City of Seal Beach is hereby the County Recorder of Orange 10, 1957, and authorized by PASSED, APPROVED, AND ADOPTED by the City Council of the City of . Seal Beach at a meeting thereof held on the 7th day of August, 1967, by the following vote: _ -- AYES.: Councllmeil �'- if 1, r �. _.:_r •i t t�'.�.' ' %i� -z..�� 1� /�i �_�_F F NOES: Councilmen ABSENT: Cou6cilmei: ATTEST: / Ci--y Clerk t