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RESOLUTION NO. 5456
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
HUNTINGTON BEACH APPROVING AND AUTHORIZING
EXECUTION OF A LEASE WITH THE CALIFORNIA STATE
LANDS COMMISSION FOR CITY WATER AND STORM DRAIN
EASEMENT
WHEREAS, development on Countess Drive in Huntington Harbour
requires an easement on state lands for utilities,
NOW, THEREFORE BE IT RESOLVED by the City Council of the City
of Huntington Beach that it hereby approves and authorizes the
City Administrator to execute a lease with the California State
Lands Commission for a water and storm drain easement over state
lands for the construction and installation of a storm drain,
waterline and fire hydrant. A copy of the lease is attached
hereto and by this reference incorporated herein.
PASSED AND ADOPTED by the City Council of the City of
Huntington Beach at a regular meeting t reof he d on the 15t day
of October 1984.
ay
ATTEST: APPRO O FO .
City Clerk 1p-16'-J-7 City Attorney
REVIEWED APPROVED: INITIATED AND APPROVED:
i�g# ef
City Admini tra o -"Cw�� . Dir for of Public Works
ICS :ahb
10/10/84
0262L
41, I
STATE OF CALIFORNIA FOR RECORDERS USE ONLY
STATE LANDS COMMISSION
ECORDED AT THE REQUEST OF
State of California/State Lands Commission
Official Business — Document entitled to free
recordation pursuant to Government Code
Section 27383.
WHEN RECORDED MAIL TO
State Lands Commission
1807 - 13th Street
Sacramento, CA 95814 W 23478
Attention: Title Unit
LEASE NO, PRC 1732 . 9
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 4
Section 3 Description of Lease Premises
Section 4 General Provisions
SECTION 1
BASIC PROVISIONS
THE STATE OF CALIFORNIA,hereinafter referred to as Lessor acting by and through the STATE LANDS COM-
MISSION (1807- 13th Street,Sacramento,California 95814),pursuant to Division 6 of the Public Resources Code and
Title 2, Division 3 of the California Administrative Code,and for consideration specified in the Lease,does hereby lease,
demise and let to: CIT—Y OF 11T31,7T INGTOIN DTAC_i
hereinafter referred to as Lessee:
WHOSE MAILING ADDRESS IS: 2 1)r^ 4a2.nt S ret_:t
Huntington Beach, CA 92648
those certain lands described in Section 3 subject to the reservations,terms,convenants and conditions of this Lease.
LEASETYPE: GENERAL LEASE - PUBLIC AGENCY USE
City of Huntington Beach
LAND TYPE: Sovereign LOCATION: Orange County
LAND USE OR PURPOSE: City Waterline and Storm Drain Easements
TERM: Forty-nine (49) years; beginning September 26, 1984
ending September 25 , 2033 unless sooner terminated a provided under t is Lease.
Public health and safety wit the State -reserving
ONSIDERATION: $ -9- the right at any time to set a monetary rental
for the use of the Lease _Premises if the Commission finds such action to e
' in the State' s best interest. TWTfPT
Form 51.15(7/84)
AUTHORIZED IMPROVEMENTS: Storm Drain, Waterline, Fire Hydrant
0 EXISTING: N/A
XXTO BE CONSTRUCTED; CONSTRUCTION MUST BEGIN BY: September 26 , 1984
AND BE COMPLETED BY: ,;une 30 , 1985
LIABILITY INSURANCE: -_-N/A
SURETY BOND OR OTHER SECURITY: N/A
SECTION 2
SPECIAL PROVISIONS
BEFORE THE EXECUTION OF THIS LEASE, ITS PROVISIONS ARE AMENDED, REVISED OR
SUPPLEMENTED AS FOLLOWS:
1. TERMINATION RIGHT: In the event of monetary consideration being
set by the Commission for the use of the Lease Premises, as set
forth in Section 1 ("CONSIDERATION") , Lessor and Lessee shall
have the right to terminate the lease prior to such monetary
consideration becoming effective. Such termination right may
be exercised jointly or by either party individually.
2 . INDEMNITY: Paragraph 7 (a) of Section 4 of the Lease, shall be
stricken from the Lease and is replaced with the following
language:
7. INDEMNITY
" (a) Lessor shall not be liable and Lessee shall
indemnify, hold harmless and, at the option of
Lessor, defend Lessor, its officers, agents, and
employees against and for any Iand all liability,
claims, damages or injuries of any kind and from
any cause on the lease premises in connection with
or attributable to Lessee ' s improvements . "
/
SECTION 3 ..
Lund Description W 23478
Two ten foot wide easements for storm drain and waterline purposes within the
2.95 acre parcel of land vested in the State of California, being within the
northwest quarter of Fractional Section 19, T5S, R11W, SBM, in the Rancho
Le Bolsa Chica in the City of Huntington Beach, County of Orange, State of
California , as shown on a map recorded in Book 51 , Page 13 of Miscellaneous
Maps of said county, the centerlines of said ten foot wide easements being
described as follows:
Parcel 1 (Storm Drain)
BEGINNING at point in the southeasterly line of said State of
California parcel distant thereon N 77' 57' 42" E 47_56 feet
from the intersection of said southeasterly line with the
southwesterly prolongation of' the southeasterly line of the
land described in deed to the Orange County Flood Control
District by deed recorded in Book -4354, Page 451 of Official
Records; thence N 59° 00' 00"• E 90.67 feet to a point herein
referenced as point "A"; thence continuing N 59' 00' 00' E
3.50 feet to the beginning of a tangent curve concave south-
erly having a radius of 22.50 feet: thence northeasterly,
easterly and southeasterly 31 .64 feet along tale arc of said
curve through a central angle of 80° 34' 33"; thence
S 40* 25' 27" E, 12.48 feet to a point in the southeasterly
line of said state parcel described as S 66 30' 47" W 140.77
feet, said point being N 66° 30' 47" E 45.52 feet from the
southerly terminus of said course.
ALSO, beginning at point "A" as referenced above; thence
N 150 37' 43" E. 55.00 feet.
Parcel 2 (Waterline)
BEGINNING at a point in the southeasterly line of said State
of California parcel distant thereon N 77' 57' 42' E, 95.32
feet from the intersection of said southeasterly line with
the southwesterly prolongation of the southeasterly line of
the land described in deed to the Orange County Flood Control
District by deed recorded in Book 4364, Page 451 of Official
Records ; thence N 58* 50' 00" E. 31 ..09 feet; thence
S 68a 14' 10" E, 5.00 feet to a point herein referenced as
:point 'B"; thence continuing 5 68" 14' 10" E, 9. 15 feet to a
point in the southeasterly boundary of said state parcel
• distant thereon N 66° 30' 47" E 11 .65 feet from the southerly
terminus of the course described as S 66' 30' 47" W 140.77 feet.
ALSO, beginning at point "B" as referenced above.; thence
N 210 45'' 50" E, 55.00 feet.
END OF DESCRIPTION
REVIEWED SEPTE?',13ER 13. 1984 BY BOUNDARY AND TITLE UNIT.
SECTION 4
GENERAL PROVISIONS
1. GENERAL pressly authorized in Section 1 or 2 of this Lease shall be con-
These provisions are applicable to all leases,permits,rights-or- structed by the Lessee on the Lease Premises without the
way, easements,or licenses or other interests in real property con- prior written consent of Lessor. Lessee shall notify Lessor
veyed by the State Lands Commission. within ten (10) days after commencing the construction of
authorized improvements and within sixty (60) days after
2. CONSIDERATION completing them.
(a) Categories
(1) Rental: (2) Alteration or Removal—Except as provided under this
Lessee shall paythe annual rental as stated in Section 1 Lease,no alteration or removal of existing improvements on
or 2 to Lessor without deduction,delay or offset,on or before or natural features of the Lease Premises shall be undertaken
the beginning date of this Lease and on or before each anni- without the prior written consent of Lessor.
versary of its beginning date during each year of the Lease
term. (d) Conservation:
Lessee shall practice conservation of water and other natural
(2) Royalty or other consideration- resources and shall prevent pollution and harm to the environ-
Lessee shall pay a royalty or other consideration in the , ment in or on the Lease Premises.
amount, method and manner as specified in Section 1 or 2.
le) Enjoyment:
(3) Non-Monetary Consideration: Nothing in ...:, ease shall preclude Lessee from excluding
If a monetary rental,royalty,or other consideration is persons from the Lease Premises when their presence or activity
not specified in Section 1 or 2,consideration to Lessor for this constitute a material interference with Lessee's use and enjoy-
Lease shall be the public use. benefit, health or safety,as ment of the Lease Premises as provided under this Lease.
appropriate, however Lessor shall have the right to review
such consideration at any time and to set a monetary rental if (f) Discrimination:
the State Lands Commission, at its sole discretion, deter- Lessee in its use of the Lease Premises shall not discriminate
mines that such action is in the best interest of the State. against any person or class of persons on the basis of race,color,
Lessee shall notify Lessor within ten(10)days in the event creed, national origin, sex,age,or physical handicap.
that the public is charged any direct or indirect feefor use and
_ enjoyment of the Lease Premises. (9) Residential Use:
*jrIZ Unless otherwise allowed under this Lease, improvements
Modification on the Lease Premises shall not be used as a residence or for the
f! may modify the amount or rate of consideration purpose of mooring a floating residence.
tive on ea h anniversary of the beginning date of ease.
Y Should Lessor o exercise such right eff on any fifth 5. RESERVATIONS,ENCUMBRANCES AND RIGHTS-OF-WAY
anniversary it may do ffective on any of the next four(4) (a) Reservations:
anniversaries following su " h rsary,without prejudice (1) Lessor expressly reserves all natural resources in or on
glTIAZ 1tM right to effect such mo " " on the next or any succeed- the Lease Premises. including but not limited to oil, coat,
ing fifth anniversary. odificati the amount or rate of natural gas and other hydrocarbons.minerals.aggregates,
co
r ursuant to this pare shall conform timber and geothermal resources,as well as the right to grant
to Title 2. on 3 of the California Administrau a and no leases in and over the Lease Premises for the extraction of
su if-cation shall become effective unless Less iven such natural resources. however such leasing shall be
en notice at yeast sixty(60)days prior to the effective neither inconsistent nor incompatible with the rights or
privileges of Lessee under this Lease.
(c) Penalty and Interest
Any installments of rental. royalty, or other consideration (2) Lessor expressly reserves a right to go on the Lease
accruing under this Lease not paid when due shall besubjecttoa Premises and all improvements for any purpose associated
penalty and shall bear interest as specified in Public Resources with this Lease or for carrying out any function required by
a Code Section 6224 and Section 2. law.or the rules,regulations or management policies of the
3. BOUNDARIES able
Lands Commission.Lessor shall have a right of reason-
able access to the Lease Premises across Lessee owned or
This Lease is not intended to establish the State's boundaries and occupied lands adjacent to the Lease Premises for any pur-
is made without prejudice to either party regarding any boundary
pose associated with this Lease.
claims which may be asserted presently or in the future.
(3) Lessor expressly reserves to the public an easement
4. LAND USE for convenient access across the Lease Premises to other
(a) General: State-owned lands located near or adjacent to the Lease
Lessee shall use the Lease Premises only for the purpose or Premises and a right of reasonable passage across and along
purposes stated in Section 1 or 2 and only for the operation and any right-of-way granted by this Lease,however,such ease-
maintenance of the improvements authorized in Section 1 or 2. merit or right-of-way shall be neither inconsistent nor in-
Lessee shall commence use of the Lease Premises within ninety compatible with the rights or privileges of Lessee under this
(90)days of the beginning date of this lease.Thereafter Lessee's Lease.
discontinuance of such use for a period of ninety(90)days shall
be conclusively presumed to be an abandonment. (4) Lessor expressly reserves the right to lease,convey,or
encumber the Lease Premises,in whole or in part,during the
lease term for any purpose not inconsistent or incompatible
(b) Repairs and Maintenance: with the rights or privileges of Lessee under this Lease.
Lessee shall, at its own expense,keep and maintain the
Lease Premises and all improvements in good order and repair (b) Encumbrances:
and safe condition. This Lease may be subject to pre-existing contracts,leases,
licenses, easements, encumbrances and claims and it is made
(c) Additions,Alterations and Removal: without warranty by Lessor of title,condition or fitness of the(and
(1) Additions — No improvements other than those ex- for the stated or intended use.
Form 51.15(7/84)
,
(c) Rights-of-Way 10. ASSIGNMENT, ENCUMBRANCING OR SUBLETTING
If this Lease is for aright-of-way covering one or more pipe- (a) Lessee shall not either voluntarily or by operation of law,
lines or conduits, the Lease Premises include only land actually assign,transfer,mortgage,pledge,hypothecate or encumber this
underlying the pipelines or conduits,and Lessor hereby grants to Lease and shall not sublet the lease Premises,in whole or in part.
Lessee a non-exclusive right to go onto the lands adjacent to the or allow any person other than the Lessee's employees,agents.
Lease Premises as is reasonable and necessary for installation, servants and invitees to occupy or use all or any portion of the
inspection and maintenance of the pipelines or conduits. Lease Premises without the prior written consent of Lessor.
6. RULES, REGULATIONS AND TAXES (b) This Lease shall be appurtenant to littoral or riparian land
{a) Lesson and Lessee shall comply with and be bound by all and any ownership interest or use rights of Lessee in such lands
presently existing or subsequently enacted rules, regulations, and it shall not be severed from such rights or interests without
statutes or ordinances of the State Lands Commission or any the prior written consent of Lessor.
other governmental agency or entity having lawful authority and 11. DEFAULT AND REMEDIES
jurisdiction. (a) Default:
The occurrence of any one or more of the following events
(b) Lessee recognizes and understands in accepting this Lease
that it may be liable for a possessory interest tax imposed by a city shall constitute a default or breach of this Lease by Lessee:
or county on its leasehold interest and that its payment of such
a tax shall not reduce the amount of consideration due Lessor or Lessee's failure to make any payment rental,royalty,
other consideration as required under this Lease.
under this Lease and that Lessor shall have no liability for the
payment of such a tax.
(2) Lessee's failure to obtain or maintain liability insurance
15
:=T1 t&ITY or a surety bond or other security device as required under
this Lease.
feOwApsor shall not be liable and Lessee shall indemn
armlee option of Lessor,defen sofficers. (3) Lessee's vacation or abandonment of the Lease
agents,and employe and all liability,claims, Premises during the Lease term.
dallidg—es or injuries a cause,occurring on
MMATit* es or improvements, or an f or con- (4) Lessee's failure to observe or perform any other term.
in any way with the issuance of this Lease. covenant or condition of this Lease to be observed or per-
formed by the Lessee when such failure shall continue for a
(b) Lessee shall give prompt notice to Lessor in case of any period of sixty(60)days after Lessor's giving written notice:
accideiiilk injury or casualty on the Lease Premises. however, if the nature of Lessee's default or breach is such
that-more than sixty(60)days are reasonably required for its
8. LIABILITY INSURANCE cure, then Lessee shall not be deemed to be in default or
(a) if so specified in Section 1 or 2. Lessee shall obtain at its breach if Lessee commences such cure within such sixty(60)
own expense and keep in full force and effect during the Lease day period and diligently proceeds with such cure to
term with an insurance company acceptable to Lessor compre- completion.
hensive liability insurance,for specified categories and amounts,
insuring Lessee and Lessor against any and all claims or liability (b) Remedies:
arising out of the ownership,use,occupancy,condition or main- In the event of a default or breach by Lessee and Lessee's
tenance of the Lease Premises and all improvements. failure to cure such default or breach,Lessor may at anytime and
with or without notice do any one or more of the following:
(b) The insurance policy or policies shall name the State as an
additional insured or co-insured party as to the Lease Premises (1) Re-enter the Lease Premises, remove all persons and
and shall identify the Lease by its assigned number.Lessee shall property, and respossess and enjoy such premises.
provide Lessor with a certificate of such insurance and shall
keep such certificate current. (2) Terminate this Lease and Lessee's right of possession
of the Lease Premises. Such termination shall be effective
(c) The liability insurance coverage specified in this Lease shall be upon Lessors giving written notice and upon receipt of such
in effect at all times during the Lease term and subsequently notice Lessee shall immediately surrender possession of the
until all of the Lease Premises have been either accepted as im- Lease Premises to Lessor.
proved by Lessor or restored pursuant to Paragraph 13.
(3) Maintain this Lease in full force and effect and recover
9. SURETY BOND any rental,royalty,or other consideration as they become due
(a) If so specified in Section 1,Lessee shall provide a surety bond without terminating Lessee's right of possession regardless
of whether Lessee shall have abandoned the Lease
or other security device acceptable to Lessor, for the specified Premises
amount, and naming the State of California as the assured, to
guarantee to Lessor the faithful observance and performance (4) Exercise any other right or remedy which Lessor may
by Lessee of all of the terms, covenants and conditions of this have at law or in equity.
Lease.
12. LESSEE'S TERMINATION
(b) Lessor may increase the amount of the surety bond or other Lessee may terminate this Lease for any reason upon giving
security device to cover any additionally authorized improve- Lessor at least sixty(60)days prior written notice.Lessee agrees that
ments, alterations or purposes and any modification of on the effective date of termination it shall responsibly leave and
consideration. surrender the Lease Premises to Lessor in a state of good order,
condition, repair,and restoration as provided under Paragraphs 4(b)
(c) The surety bond or other security device shall be maintained and 13. The exercise of such right of termination shall not release
in full force and effect at all times during the Lease term and sub- Lessee from liability for any unpaid but accrued rental,royatty or other
sequently until all of the Lease Premises have been either consideration which may be due under this Lease or from any other
accepted as improved by Lessor or restored pursuant to Para- obligations still applicable under the Lease. No portion of any rental
graph 13. paid by Lessee in advance shall be refunded.
13. RESTORATION OF LEASE PREMISES (2) Any such waiver shall riot be deemed to be a waiver of
(a) Upon expiration or sooner termination of this Lease,Lessor any other term,covenant or condition or any other default or
may accept all or any portion of the Lease Premises,as then im- breach of any term, covenant or condition of this Lease.
proved with structures,buildings,pipelines,machinery,facilities
and fills in place: or Lessor may require Lessee to remove all (b) Time:
or any portion of such improvements at its sole expense and risk Time is of the essence of this Lease and each and all of its
or Lessor may itself remove or have removed all or any portion of terms,covenants or conditions in which performance is a factor.
such improvements at Lessee's sole expense.
(c) Notice:
(b) In removing any such improvements Lessee shall restore the All notices required to be given under this Lease shall be
Lease Premises as nearly as possible to the conditions existing given in writing,sent by United States mail with postage prepaid,
prior to their installation or construction. to Lessor at the offices of the State Lands Commission and to
Lessee at the address specified in Section 1. Lessee shall give
(c) All such removal and restoration shall be to the satisfaction Lessor notice of any change in its name or address.
of Lessor and shalt be completed within ninety(90)days of the
expiration or sooner termination of this Lease. (d) Consent:
Where-Lessor's consent is required under this Lease its
14. QUITCLAIM consent for one transaction or event shall not be deemed to be a
Lessee shall,within ninety(901 days of the expiration or soarer' consent to any subsequent occurrence of the same or any other
termination of this Lease, execute and deliver to Lessor in a form transaction or event.
provided by Lessor a good and sufficient release of all rights under this
Lease.Should Lessee fail or refuse to deliver such a release,a written le) Changes:
notice by Lessor reciting such failure or refusal shall,from the date of This Les"may be terminated and its term,covenants and
its recordation,be conclusive evidence against Lessee and all other conditions amended, revised or supplemented by mutual agree-
claimants of the termination of this Lease and any rights or interests _ ment of the parties.
of Lessee in the Lease Premises.
(f) Successors:
15. HOLDING-OVER The terms, covenants and conditions, of this Lease shall
Any holding-over by Lessee after the expiration of the Lease term, extend to and be binding upon and inure to the benefit of the heirs,
with or without the express or implied consent of Lessor,shall con- successors,and assigns of the respective parties and if more than
stitute a tenancy from month-to-month and not an extension of the one Lessee is a parry to this Lease,the obligations of the Lessees
Lease term and shall be on the terms,coveenants and conditions of shall be joint and several.
this Lease with rental, royalty or other consideration payable in
advance on the first day of each month, at the rate of one-twelfth
(1/12th)of the annual amount. (g) Captions:
The captions of this Lease are not controlling and shall have
16. ADDITIONAL PROVISIONS no effect upon its construction or interpretation.
(a) Waiver:
(1) No term, covenant or condition of this Lease and no
default or breach of any such term, covenant or condition (h) Severabilky: .
shall be deemed to have been waived.by Lessor's acceptance If any term,covenant or condition of this Lease is judicially
of a late or nonconforming performance or otherwise,unless determined to be invalid,it shall be considered deleted and shall
such a waiver is expressly acknowledged by Lessor in not invalidate any of the remaining terms, covenants and
writing. conditions.
STATE OF CALIFORNIA— STATE LANDS COMMISSION
LEASE P.R.C. No. ty�- J
This)ease will become binding upon the State only when duly executed on behalf of the State Lands Commission of
the State of California;
IN WITNESS WHEREOF, the parties hereto have executed this lease as of the date hereafter affixed.
LESSEE STATE OF CALIFORNIA
STATE LANDS COMMISSION
y
Title Division of_and
I rva io
Date APR 91985
XPPROVED AS TO POPM i
GAIT HU 101T n + Attlozrney
The issuance of this lease was authorized by the State
ACKNOWLEDGE MNT-rl_7--�� Lands Commision on
(Month IDay Yew)
Form 51.15(7/84)
Res. No. 5456
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) as:
CITY OF HUNTINGTON BEACH )
I, ALICIA M. WENTWORTH, the duly elected, qualified City
Clerk of the City of Huntington Beach, and ex-officio Clerk of the
City Council of said City, do hereby certify that the whole number of
members of the City Council of the City of Huntington Beach is seven;
that the foregoing resolution was passed and adopted by the affirmative
vote of more than a majority of all the members of said City Council
at a regular meeting thereof held on the 15th day
of October , 19__B4_, by the following voter
AYES: Councilmen:
MacAllister, Kelly, Finley, Bailey, Mandic
NOES: Councilmen:
None
ABSENT: Councilmen:
Pattinson, Thomas
City Clerk and ex-officio Clerk
of the City Council of the City
of Huntington Beach, California