HomeMy WebLinkAboutSTATE LANDS COMMISSION - 1979-03-05 STATE OF CALIFORNIA— ATE LANDS COMMISSION EDMUND G. BROWN JR., Governor
STATE LANDS COMMISSION
1807 13TH STREET
SACRAMENTO, CALIFORNIA 95814
(916) 322-7810
May 30, 1979
File Ref. : PRC 5656.9
Ms . Alicia M. Wentworth
City Clerk
City of Huntington Beach
P . 0 . Box 190
Huntington Beach, CA 92648
Dear Ms . Wentworth:
Enclosed is your fully executed Public Agency Permit,
Right-of-Way Use , Permit No . PRC 5656.9, for the 12 " waterline
crossing the State-owned 400 , channel and adjacent State-owned
property, in Huntington Harbour, Orange County.
Your cooperation in this transaction is appreciated .
Sincerely,
SCOTT ATKINS
Land Agent
CERTIFIED - RETURN RECEIPT REQUESTED NO. 003797
Enclosure
SA/nyo
cc : Mr. Stan Farber
Public Works Department
City of Huntington Beach
200 Main Street
Huntington Beach, CA 92648
W. 21872
STATE OF CALIFORNIA
STATE LANDS COMMISSION
PERMIT NO. PRC 5656.9
Section 1
For such consideration, specific purposes and subject to such terms,
covenants, conditions, reservations, restrictions and limitations as are set
forth herein: THE STATE; OF-CALIFORNIA, hereinafter referred to as "Lessor,"
acting through the State Lands Commission pursuant to Division 6 of the
Public Resources Code and Title 2, Division 3 of the California Administrative
Code, does hereby grant a permit to:
PERMITTEE CITY OF HUNTINGTON BEACH - PUBLIC WORKS DEPARTMENT
Whose mail address is: 2000 Main Street
Huntington Beach, CA 9264$ - - -
for the non-exclusive use of that certain land decribed in Section 4 of this
Agreement.
PERMIT TYPE: PUBLIC AGENCY - RIGHT OF WAY
TERM: 49 Years; -0- Months; beginning February 1. �1979
ending January 31, 2028 ; unless sooner terminated as hereinafter
provided.
COUNTY: ORANGE
LAND TYPE: Tide and submerged
Page 1 of 4 (Form 51.14 4/76) �
STATE OF CALIFORNIA - STATE LANDS COMMISSION
PERMIT NO. PRC 5656.9
Section 1 (Continued)
LAND USE OR PURPOSE: Right of way for a 12" water main.
AUTHORIZED IMPROVEMENTS: 12" cast iron pressure water main.
LIABILITY INSURANCE: EACH OCCURRENCE, SURETY BOND: S----••-.••--------
Divided Limits: CONSTRUCTION LIMITING DATES:
Bodily Injury #------------.»---
Property Damage ---------------- Mo. Day Yr.
OR Beginning February 1 1979
Completion June 11 1979
Combined Single
Limit: ;-.. --....-..---------
COMPOSITION OF AGREEMENT: This permit consists of the following parts all
attached hereto and by reference made a part of the whole agreement:
Section 1 - Summary of basic terms, as above.
Section 2 - Special provisions amending or supplementing Section 1 or 5.
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Section 3 - Consideration.
Section 4 - Land Description.
Section 5 - Standard covenants.
Page 2 of 4 (porn 51.14 4/76)
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STATE OF CALIFORNIA - STATE LANDS COMMISSION
PERMIT NO. PRC 5656.9
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Section 2
CHANCES IN FORM: Before the execution of this permit, the printed
form was changed, revised and added to in the following manner:
The Permittee hereby agrees that any signs or other types of
printed notices, installed to provide notification of the public use
and benefit of the project as set forth herein, shall contain and
reasonably display a statement to the effect that the State Lands
Commission has contributed the lands underlying the project. Such
statement may be as follows:
"The land for this project was provided by the State
Lands Commission"
or
"A portion of the land required for this project was contributed
by the State Lands Commission."
/
/
/
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Page 3 of 4 (Form 51.14 4/76)
STATE OF CALIFORNIA - STATE LANDS COMMISSION
PERMIT NO. PRC 5656.9
Section 3
CONSIDERATION: Public Benefit
ROYALTY: NONE
OTHER CONSIDERATION: NONE
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Page 4 of 4 (For® 51.14 4/76)
STATE OF CALIFORNIA - STATE LANDS COMMISSION
PERMIT NO. PRC 5656.9
Section 4
LAND DESCRIPTION
Two strips of tide and submerged land, the first 15 feet wide
and the second 10 feet wide as shown on City of Huntington Beach
sketch to accompany description, attached as Exhibit "A".
NW'LY LINE R2 LA BOLSA CHICA I
PER R.S 5B 1 35-36
4C.FC D OR 4364/451
v
SCALE 1"c 100'
I \
2 95 ACRE PARCEL PRESENTLY
3 VESTED IN THE STATE OF CALIF
NW COR. TRACT NO9356
1 M M 3B91/48 50
73'
' PROPOSED 15' EASEMENT FOR 250. � r* \ \
> WATERLINE PURPOSES TO BE I N49°34' 33" E 39152' \ 3g' _ _ 217 _ _
GRANTED TO THE CfTY OF ,y 381417' _ ' COUNTESS
HUNTINGTON BEACH >° _
:'. . 72ss>, Ng6, DRIVE
03,g2F 1 0?4j '9C6 SPARKLER DR`
N2°42' 11"W 0`' G PROPOSED 10' EASEMENT 2Q3 �y
xIST BULKHEA 25 09' °A FOR WATERLINE PURPOSES
a'L2 yn TO BE GRANTED TO THE
CITY OF HUNTINGTON BEACH
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STATE OF CALF CHANNEL 'o
' x O.R. 6368 1 411 (STRIP A )
N BL L O ✓`
LXHIBIT " A"
s _
z \ 7"„ vo SKETCH TO ACCOMPANY DESCRIPTION
Z EASEMENT FOR WATERLINE PURPOSES
O O
O s� A PORTION OF SEC19, T5S. R11W
\ Op v p A001 M M BK 51 PG 13
O CITY OF HUNTINGTON BEACH, ORANGE COUNTY, CALIF
Section 5
STANDARD COVENANTS STATE LANDS COMMISSION LEASE
1. AGREEMENT DEFINED: For the purposes of this lease, the terms "lease,"
"right of way," "easement," "permit," and "license" are interchangeable; where
one term is used, it shall be deemed to include any one of the other terms,
where appropriate.
2. MONETARY CONSIDERATION:
(a) Lessee agrees to pay the annual rental stated in Section 3 hereof
to Lessor without deduction, delay or offset, at such place as may be designated
by Lessor from time to time, in advance on or prior to the beginning date of this
lease and anniversary of such beginning date during each year of the term hereof,
except that Lessor, effective on each fifth anniversary of the beginning date
of this lease, and at such other times as are hereinafter specified, may from
time to time elect to change the amount of annual rental to be paid by Lessee
hereunder. Any such change in rate shall be to the applicable rate, or by
following the procedure for determining the applicable rate, of rental set forth
in Title 2, California Administrative Code (now contained in Section 2006) at the
time notice of any such change is given to Lessee. Such changed rate shall not
become effective unless Lessor shall cause written notice of such change and of
the new rate to be given to Lessee on or before ninety (90) days before the
effective date of such rental rate 'change. Should Lessor fail to effect a change
of such annual rental effective on any such fifth anniversary of the beginning
date of this lease, the annual rental shall remain the same as the rental payable
for each year during the immediately preceding five-year period, provided that for
any years remaining before the next five-year anniversary of the beginning date
of this lease the Lessor on written notice not less than ninety (90) days before
the next rent becomes due, may fix a different rate of annual rental, which rate
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shall be determined in the manner hereinbefore set forth, which rental at such
new rate, unless thereafter changed in the manner herein provided, shall be
payable each year thereafter by Lessee. Any change in the rate of rental
effective on a date other than any fifth anniversary of the beginning date of
this lease shall be without prejudice to Lessor's right to change said rental
rate on each succeeding fifth anniversary of the beginning date of this lease
as above provided. It is specifically agreed that in the event of the termina-
tion of this lease prior to its expiration date from any cause whatsoever, no
portion of rental paid in advance shall be refundable.
(b) In the evert that the parties to this lease are unable to
agree upon a firm annual rental, quarterly royalty or other consideration at
the expiration of the lease period agreed herein, and the Lessee remains in
possession of the leased lands and continues to pay an interim rental, royalty
or other consideration until a fir.: rental, royalty or other consideration is
agreed upon by the parties, then at such tine when the Lessee submits payment
for any or all retroactive rentals, the State shall collect interest on said
retroactive payments at the rate specified in Public Resources Code Section
• 6224. This shall not be construed as a limitation upon any other remedy which
the State may have against a holdover Lessee.
(c) It is agreed by the parties hereto that any installments of rental,
royalty or other monetary consideration accruing under the provisions of this
lease that shall not be paid when due shall be subject to a penalty and shall
bear interest at the specified rate from the date when the same was payable by
the terms hereof, as provided in Public Resources Code Section 6224 and Sub-
section (d) of Paragraph 2 of this lease, until the sage shall be paid by the
Lessee.
(d) The failure to Fay the rentals, royalties or other consideration
specified in this lease shall subject the Lessee to a ten (10) percent penalty
on the accrued and unpaid balances, for the rental, royalty or other consideration
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payable after January 1, 1976.
3. ROYALTY: Lessee shall pay to Lessor, in addition to the annual rental
or other consideration as stated herein, a royalty in the amount per cubic yard,
per toy, or other unit of measurement as set forth in Section 3 hereof for all
materials removed from the land subject to this agreement and placed on lands
not owned by Lessor, if authorized herein, according to the following schedule:
Within twenty-five (25) days following the end of each quarter
ending on March 31, June 30, September 30 and December fl, Lessee
shall pay said royalty for all materials removed from land subject
to this agreement during the preceding quarter. Each payment shall
be accompanied by a detailed statement subscribes) And sworn to by
Lessee or his agent attesting to the accuracy of the payment.
4. OTM CONSIDERATION: Lessee agrees to pay other consideration in the
amount, method and manner as provided for in Sections 2 and 3.
5. EM-YO-MrARY CON'SIDE RATION: If a monetary rental, royalty or other
consideration is not shown in Section 3 of this Agreement, the sole and entire
consideration to Lessor for the within lease or permit Gall be the public use,
benefit, health or safety, as appropriate. However, the Lessor reserves the right
to review the consideration at any time and to set a monetary rental if the State
Lands Commission shall at its sole discretion determine that such action is
in the best interest of the State.
6. BOU:NDA RIES: The description of the land in Section 4 herein has
been made without a survey and without a determination of boundaries of the
land subject to this agreement. This lease is not intended to constitute
the establishment of the State's boundaries and is made Without prejudice
to Any boundary claims which may be asserted in the future.
7• LAND USE: Lessee agrees to use the land described in Section 4
only for the purpose or purposes stated in Section 1 or 2 and for the
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construction, operation and maintenance of the improvements listed in
Sections 1 or 21 as appropriate. If such use is not commenced by Lessee on
the land subject to this agreement within ninety (90) days of the beginning
date of this lease or within ninety (90) days of the beginning construction
limiting date, if such date is authorized in Section 1, or if such use on said
land shall be discontinued for a period of ninety (90) days, this lease and
the term thereof shall terminate upon notice to Lessee. No additional
improvements shall be added without written consent of Lessor first had and
obtained.
B. ADEgUACY OF CONSTRUCTION: All improvements shall be constructed
and installed consistent with all applicable code requirements.
9. MARINA SANITARY FACILITIES: If this lease covers the operation of
marinas, launching ramps or other like facilities which are used by the public,
whether for profit or not, Lessee shall provide on-shore sanitary facilities.
10. FIAATING FMIDEP.CE: The structure authorized by this lease shall not,
at any time in the future, be ccnverted for use as a residence, nor be used for
the purpose of mooring a floating residence or ark.
11. REPAIRS:
(a) Lessee shall maintain and keep in good sound repair all +
improvements upon the property. The removal of, or substantial alteration
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to, any existing structure shall not be undertaken without prior written
Permission of Lessor first had and obtained. The failure to obtain the
written permission of the Lessor shall be grounds for termination of this
lease.
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(b) If at any time subsequent to the beginning date of this
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lease the improvements authorized herein shall fall into a state of disrepair
or otherwise become an environmental or aesthetic degradation, as determined
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by Lessor, then upon written notice by Lessor, Lessee shall have sixty (60)
days to repair and correct the conditions cited by Lessor. .Failure to
comply with the written notice of Lessor shall be grounds for termination of
this lease and Lessee shall at the option of the Lessor remove all structures
and fill located on lands covered by this lease•
12. RIGHT OF I1.SPECTION: Lessor through its authorized agents shall
have the right at all reasonable times to go upon lands owned by the Lessee
and upon the leased land for the purpose of inspecting the land and improve-
ments or carrying out Any function required by statutes or the rules and
regulations of the State Lands Co=. ission.
13. EXISTING MCMI RANCES: This lease is subject to existing contracts,
leases, licenses, easements, encumbrances and claims which may affect the
leased land, and this lease is made without warranty by Lessor of title,
quiet enjoyment, condition or fitness of the land subject to this agreement
for the intended use, or any other warranty or representation whatever, except
that Lessee faithfully keeping all the terms, provisions and conditions of
this lease on Lessee's part to be performed, Lessor agrees not to interfere
with Lessee's possession of the land subject to this agreement, except as
terein may otherwise be provided.
14. RESERVATION OF NATURAL RESOURCES: Unless the use or purpose of this
agreement provides otherwise, there are hereby reserved to the State all
natural resources, including but not limited to, timber, minerals, sand and
gravel, geothermal resources, oil, gas and hydrocarbon products in or upon
the land subject to this agreement, and the right to grant in, over, and
across said lands, leases to extract or remove such natural resources, as '
provided by law and the rules and regulations of the State Lands CoiTission
and without .compensatior, to the Lessee. _
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15. OTHER RESMATIOINS: Lessor expressly reserves the right to grant
easements or crossings in, upon and under the devised premises. Nothing herein
contained stall be construed as limiting the powers of the State to lease, convey
or otherwise transfer or encumber, during the life of this agreement, the
hereinbefore described lands subject to this agreement for any purpose
whatsoever not inconsistent or incompatible with the rights or privileges
granted to the Lessee by this agreement; provided, however, that nothing
herein shall preclude the Lessee from excluding unauthorized persons from
the lands subject to this agreement during any period where Lessee reasonably
deems such exclusion necessary or desirable in connection with its authorized
use of land subject to this agreement .
16. RULES AND REGULATIONS:
► (a) Lessee Shall observe and comply with all rules and regulations
now or hereafter promulgated by any governmental agency having authority by
law, including but not limited to State Water Quality Control Board, State
Department of Fish and Game, U. S. Army Corps of Engineers and the State Lands
Commission.
(b) Lessee recognizes and understands in accepting this lease that
his interest therein may be subject to a 'possible Possessory Interest Tax
that the city or county may impose on such interest, and that such tax payment
shall not reduce any rent due the Lessor hereunder and any such tax shall be
the liability of and be paid by the Lessee.
(c) Lessee covenants that all reasonable precautions will be taken
to prevent pollution and contamination of the environment.
17• MODIFICATIONS AND RMOVAIS: Any modifications of natural or
oxicting features of the real property described in this lease, including
but not limited to the removal of timber and other flora, which are
inconsistent with the authorized uses under this lease are expressly
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prohibited without the prior written consent of the Lessor.
18. ACCESS TO OTFCR STATE LANDS: If the leased premises abut or adjoin
f.ny other State-owned lands which do not have a right of access for ingress
e-nd egress, Lessee shall provide adequate public vehicular and pedestrian
i.ccess across, over and upon the lease premises for the benefit .of said lands.
19. RIGHTS-OF-WAY:
(a) If the lease is -for a right-of--way covering one or more pipelines
or conduits, the property right granted herein applies only to land actually
underlying the pipelines or conduits, and there is hereby granted a non-
exclusive right to go into and upon the land subject to this agreement on
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either side of said lines or conduits and within the parcel described in
:ection 4 as reasonably necessary for installation, inspection and maintenance
of the pipeline or conduits.
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(b) Reasonable passage across and along any right of way granted by
this agreement shall be reserved to the public.
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20. INDUVITY, BOND AND INSURANCE: 3
(a) Whether or not a bond or iwa ranee as described herein is
required, Lessee shall indemnify, save harmless and at the option of the State,
defend, the State of California, its officers, agents and employees against any
Fnd all claims, demands, loss, action or liability of any kind which State of
California, or any of its officers, agents or employees may sustain or incur
or which may be imposed upon then or any of them arising cut of or connected
with the issuance of this lease, including, without in any way limiting the
generality of the foregoing, any claim, demand, loss, or liability arising from
cny failure of title or any alleged violation of the property or contractual
rights of any third person or persons in the leased lands.
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(b) If so specified in Section 1 or 2, Lessee shall file with
Lessor and maintain in full force and effect'at all times during the term
of this lease or any extension thereof, and an additional period of one
hundred twenty (120) days or until the State has accepted a Quitclaim deed
and sufficient evidences of removal of improvements requested to to removed,
whichever is longer, a good and sufficient surety bond drawn in favor
of the State of California in the sum stated in Section 1 or 2 hereof, to
guarantee to Lessor the faithful performance and observance by the Lessee
of all of the covenants and conditions implied or specified in this lease,
and which specified or implied covenants and conditions are mandatory upon
and are to be kept and performed by the Lessee. Upon any increase in rental
as provided in Paragraph 2, Lessor reserves the right to increase the sum of the
surety bond.
(c) If so specified in Section I or 2, Lessee shall obtain at
his own expense and'keep in full force and effect during the term of this
lease, for the protection of Lessee and the State in an insurance company
acceptable to Lessor, comprehensive public liability insurance covering the
leased premises and their surrounding area with limits of not less than the
amounts stated in Section 1 or 2 hereof. The policy or policies shall specifi-
cally nacre the State as an insured party as to the land under lease; and the policy
or policies shall specifically identify the lease by number, and a certificate
or certificates of insurance must be provided by the Lessee to Lessor.
(d) Lessee agrees that the liability insurance coverage herein
provided for shall be in effect at all times during the term of this lease,
and until said leased land is restored as nearly as possible to the condition
existing prior to erection or placement of the improvements thereupon or
until Lessor, in writing, elects to accept the leased land or any portion
thereof as then improved with structures, buildings, pipelines, machinery,
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facilities and fills in place. If Lessor elects to accept only a portion of
the leased land as then improved, Lessee's responsibility to insure the
premises shall terminate as to those portions that the Lessor accepts intact,
but shall continue in the remaining portions until said portions are
restored as nearly as possible to the condition existing prior to the erection
or placement of improvements thereupon. In the event said insurance coverage
expires at any time or times during the term of this lease, Lessee agrees
to provide.at least fifteen (15) days prior to said expiration date, a new
certificate of insurance evidencing insurance coverage as provided for herein
for a period of not less than one (1) year, or for not less than the remainder
of this lease, and until the leased land is restored or until Lessor, in writing,
elects to accept the leased land or any portion thereof as then improved as
provided for herein. New certificates of insurance are subject to the approval
of the State Lands Division, and Lessee agrees that no construction, improvements,
additions, work or services stall be performed prior to the giving of such
approval. In the event Lessee fails to keep in effect at all times insurance
coverage as herein provided, State may, in addition to any other remedies it may
have, terminate this lease upon the occurrence of such event.
21. ASSIGNMUIT, TRANSFER OR SUMMING:
(a) Lessee shall not assign, transfer, or sublet this agreement
without the prior written approval of the Commission first had and obtained.
Such written approval of the assignment, transfer or sublease shall be
subject to any and all conditions required by the Commission, including,
without limitation by reason of specification herein, the altering, changing
or amending of this lease as deemed by the Commission to be in the best
interests of the State.
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(b) The leasehold interest hereby described is created as an
appurtenance to littoral land. The leasehold interest is not severable from
the rights and interest of the Lessee in the littoral land without the
express written approval of the State Lands Commission first had and
obtained. Any such severance without State Lands Commission approval shall
be grounds for termination of the lease by the State Lands Commission.
22. TERMINATION BY LESSEE: Lessee may terminate this agreement upon
giving Lessor not less than sixty (60) days written notice prior to the date
of such termination. Lessee agrees that on the day selected by lessee for
termination of this agreement under this paragraph, to peaceably and quietly
leave, surrender and yield up to Lessor the land subject to this agreement in
good order, condition, and repair, reasonable use and wear thereof and damage
by act of God and the elements excepted, and execute and deliver to Lessor a
good and sufficient release of all rights under this lease. Should Lessee fail
or refuse to deliver the release as aforesaid, a written notice by Lessor
reciting the failure or refusal of the Lessee to execute and deliver said
release as herein provided shall from the date of recordation of such notice
be conclusive evidence against Lessee and all persons claiming under Lessee of
the termination of this lease and any claims and rights of Lessee in the land
and improvements subject to this lease. In the event Lessee elects to terminate
this agreement, such termination does not release Lessee from any unpaid but
accrued rent, royalty payments or equivalent consideration which may be owed
to the Lessor.
23• CANCELLATION BY STATE: If this lease covers land obtained by Lessor
from the United States as or in lieu of school lands, Lessor reserves the right
and power to cancel this lease at any time during the term hereof upon notice
in writing to the Lessee of not less than ninety (90) days next prior to
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the date such cancellation shall become effective, and Lessee hereby
agrees, upon receipt of such written notice, that Lessee will vacate the
demised premises on or before such cancellation date .
24. TERMINATION UPON SALE OR EXCHANGE: If this is a Grazing or
Agricultural Lease, such lease is terminated by Lessor upon sale or exchange
of the land subject to this agreement without advance notice to the Lessee
as provided for by law and by the rules and regulations of the State Lands
Commission.
25. PUBLIC AGENCY PERMITS: Where the sole and entire consideration
to the Lessor for the within lease shall be the public use, benefit, health
and safety, Lessee agrees and covenants to notify Lessor within ten (10) days
in the event any monetary charge is made to the public for use of the leased
land, either directly or indirectly.
26. OIL SPILL L14EMIZICY: In the event of a spill or leak of oil or
other liquid pollutants into waters over State lands, Lessee shall immediately
r.otify the State Office of EmerEency Services by telephone (8O0) 852-7550.
Lessee shall subsequently send the State Lands Division a complete written
report within thirty (30) days stating the source, cause, size of spill and
faction taken.
27. MARINE TERMIKIL/YHARF OPERATIONS: If this lease is for a marine
terminal or wharf operation handling petroleum, petroleum products, or any
other potential pollutant, Lessee shall provide Lessor with an approved Oil
Spill Contingency Plan/Spill Prevention Control and Countermeasure Plan and
a Terminal Operations Manual in the fora required by Federal and State
Regulations and guidelines. Lessee shall periodically review such plans
and advise Lessor of any changes to such plans.
28. RESTORATION OF PRDTISES: Upon expiration or sooner termination of
this lease, Lessor may elect to accept the leased land or any portion thereof,
as then improved with structures, buildings, pipelines, machinery, facilities
and fills in place or Lessor may elect to have any such improvements or any
portion thereof, removed by Lessee at Lessee's expense. All such improvements
to be removed shall be salvaged and removed by Lessee at Lessee's sole
expense and risk within ninety (90) days after the expiration or sooner
termination of this lease. If Lessee fails to remove such improvements or
portion thereof designated by Lessor, and restore the leased land as herein-
after provided, within ninety (90) days after the expiration date or sooner
termination of the lease or notice by Lessor of his intention to accept a
portion of the premises as then improved, whichever is shorter, Lessor may
remove or have removed all or a portion of the improvements and charge the '
expense of such removal to Lessee. In making such removals, Lessee shall
restore said leased land as nearly as possible to the condition existing prior
to erection or placement of the improvements thereupon.
29. HOLDING OVER: Any holding over after the expiration of the term
of this lease by the Lessee, with the consent of the State, shall be construed
to be a tenancy from month to month, and shall otherwise be on the terms and
conditions herein specified as far as applicable with rental at the rate of
1/12 of the annual rental stated in Section 3 payable in advance on the first
day of each month.
30. REPOSSESSION: In the event of failure of the Lessee to pay rental,
or in the event or a breach of any of the other covenants contained within
this agreement, or failure of Lessee to observe the terms, conditions,
restrictions or time limitations herein contained, to be kept, performed and
observed, it shall be lawful •for Lessor to re-enter into and upon the demised
premises, and to remove all persons and property therefrom, and to repossess
and enjoy the herein described demised premises as in the first and former
estate of the State.
31. QUITCUIM: Upon the natural expiration or termination of this lease
by Lessor, in addition to any other remedy which Lessor may have, as provided
by law or the terms of this lease, Lessee shall within ninety (90) days of the
natural expiration or sooner termination of this lease by Lessor execute and
deliver to Lessor a good and sufficient release of all rights under this lease.
Should Lessee fail or refuse to deliver the release as aforesaid, a written
notice by Lessor reciting the failure or refusal of the Lessee to execute and
deliver said release as herein provided, shall from the date of recordation of
such notice be conclusive evidence against Lessee and all persons claiming under
Lessee of the termination of this lease and any claims and rights of Lessee
in .the lands and improvements subject to this lease.
32. RIMNAL: Lessee or his heirs or assigns, or any successor in
interest thereto, shall have the right to renew this agreement for the
additional periods and years stated in Section 1 hereof upon such reasonable
terns and conditions as the Lessor, or any successor in interest thereto,
Might impose. Such option to renew must be exercised by Lessee by giving
written notice to Lessor at least six (6) months prior to the termination
date of the lease, or such option is waived by Lessee .
33. WAIVER OF BRFJ'.CH: The waiver by Lessor of any default or breach of
any term, covenant or condition shall not constitute a waiver of any other
default or breach whether of the same or any other terms covenant or condition,
regardless of Lessor's knowledge of such other defaults or breaches. The sub-
sequent acceptance of mcnies hereunder by Lessor shall not constitute a waiver
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of any preceding default or breach of any term, covenant or condition, other
than the failure of Lessee to pay the particular atonies so accepted, regardless
of the Lessor's knowledge of such preceding default or breach at the time of
acceptance of such monies, nor stall acceptance of monies after termination
constitute a reinstatement, extension, or renewal of the lease or revocation
of any notice or other act by Lessor.
34. 140TICES: All notices herein provided to be given shall be deemed
to have been fully given when made in writing and deposited in the United
States mail with postage prepaid and addressed to the principal office
or headquarters of the State Lands Commission, or to the Lessee as addressed
on Section 1 hereof, as appropriate .
35. CROGES: This agreement may be terminated or the provisions changed,
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altered, or amended by mutual agreement of the parties hereto.
36. TIME - SUCCFSSCR'S LIABILITY: Time is the essence of each and all
the terms and provisions of this agreement, and the terms and provisions of
this agreement shall extend to and be binding upon and inure to the benefit
of the heirs, successors and assigns of the respective parties hereto; if
more than one Lessee is named herein, the obligations of said parties herein
cor_tained shall be joint and several•
37. CAPTIONS: The captions 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 terns
and provisions of this lease.
38. SEVMBILITY: If any provision herein is judicially determined to
be invalid, it shall be considered deleted herefrom, and shall not invalidate
the remaining provisions.
STATE OF CALIFORNIA STATE LANDS COMMISSION
PERMIT NO. PRC 5656.9
This permit 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 permit as of the
date hereafter affixed.
CITY OF HUNTINGTCK BEACH STATE OF CALIFORNIA
STATE NDS COMMISSION
By
MAYOR PRO MPORE 1e
Title Division of Land
nserVatron
Date: " UN 0 61979
ATTEST:
CITY CLERK
The issuance of this permit was
authorized by He±i to �,Lajids97 9
Commission on
state
STATE OF CALIFORNIA
COUNTY OF
On this 5-44day of in the year 1979
before me, , ;i a 1��r►�2 , a Notary Public
in and for said , county and state, personally
appeared &,�� /A/_ S�,Jz `- , known to me to be
- the Hof the
8, S QQi
that executed the within instrument,
and a so known to me to be the personSwho executed the within
instrument on behalf of the _ orjg.,k thereir
named, and acknowledged to me ,that th
executed the sage.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed
my official seal in the County of
the day and year in this certificate first above written.
Notary Public, State o California
(Public Corp. Agcy. and eMee(�RI@i�e3eF*��cA3�ae �[�j,•�q
i4 fiaf7Q=a'aaa7aiil•eesase�■•
Polit. Subd. Acknowledgment) OFFICIAL SEAL
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: CONNIE.A. BROCKWAY
q �m
me :; NOTARY PUBL4C-CALIFORNIA
ORANGE COUNTY C
roa.r My Commission Expires 04 10,1981 Form _fir;
. imneeneueemaeneeeuue:eaaoamoumteaeaamm�aueeeemeeei,
RESOLUTION NO. 4720
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF HUNTINGTON BEACH AUTHORIZING EXECUTION OF
RIGHT OF WAY USE AGREEMENT FOR WATER MAIN PUR-
POSES WITH STATE LANDS COFYIISSION
WHEREAS, the City of Huntington Beach rust acquire
access over the state-owned four-hundred foot channel and
adjacent state-owned property at Huntington Harbour for its
water line project, and
The State of California through its Land Use Commission
has indicated a willingness to make the land available on a
permit basis to the city for a period of forty-nine years, and
Use of the property for this period of time, at no cost
to the city, is preferable to condemnation,
NOW, 'THEREFORE, the City Council of the City of Huntington
Beach does hereby resolve as follows:
The attached agreement with the State Lands Commission is
hereby approved, and
The Mayor of the City of Huntington Beach is hereby
authorized to execute the attached agreement on behalf of the
city.
PASSED AND ADOPTED by the City Council of the City of
Huntington Beach at a regular meeting thereof held on the 5th
day of March - - , 1979.
K/ •
Mayor Pro Tempore
ATTEST: APPROVED AS TO FORM:
• '�
ity er City Attorney
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REVIEWED AND APPROVE INITIATED AND APPROVED:
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WA
.y
•.r, - es• No. 4720
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) as:
CITY OF HUNTI=0*1 BEACH )
I, ALICIA M. WENTWORTH, the duly elected, qualified City
Clerk of the City of Huntington Beach, and ex-officto 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 5th day
of March , !9 79 , by the following vote:
AYES: Councilmen:
Yoder Thomas MacAllister Bailey, Mandic Siebert
NOES: Councilmen:
None
ABSENT: Councilmen:
Pattinson
City Clerk and ex-officio Clerk
of the City Council of the City
of Huntington Beach, California
REQ Ui:�T 4ACTIONF R CITY G�UNC��'
Submitted by H. E. Hartge ,�WA Department public Works
Date Prepared Feb. 20 1979 Backup Material Attached Dx Yes No
Subject Resolution Authorizing Execution of State Lands Commission Permit
City Administrator's Comments
APPROVED BY CITY Gtat]i`iC'+`�
gO
Approve as recommended.
ciTY a '
Statement of Issue, Recommendation, Analysis, Funding Source,Alternative Actions:
Statement of Issue:
A permit is necessary to construct a 12-inch water main across the 400 ft.
Huntington Harbour channel in ownership of the California State Lands
Commission.
Recommended Action:
Approve the attached resolution.
Analysis:
• California State Lands Commission has agreed to provide requisite permit
to City, at no cost, for a 49-year period.
Funding Source:
None required.
HEII:EAE:j y
P10 3.78 C:7,
STATE CF CALIFORNIA—STATE LANDS COMMISSION EDMUND G. BROWN JR., co..rnor
STATE !ANDS COMMISSION �
1807 11 H STREET s '
SACRAM.NTO, CALIFORNIA 95814
(916) 322-7810
January 10, 1979
File Ref.: W 21872
Mr. H. E. Hartge
Director of Public Works
City of Huntington Beach Pa I' C E A ti E.
2000 Main Street
D_RT. OP PL1$LIC VL'C-)�KS
Huntington Beach, CA gz648
Dear Yx. Hartge: ,BAN 15 1979
SUBJECT: 12" waterline crossing the State-owned 400, ck e1'370ry $EAcH. CairF.
and adjacent State-owned property, at Hungtington Harbour.
I have attached the original and a copy of a forty-nine (49) year
Public Agency Permit (Right of Way Use) covering the above-referenced
project. Please have them executed with the signature notarized, on
behalf of the City of Huntington Beach and return both for acceptance
on behalf of the State Lards CoTmission. Also, please provide a copy of
the City Council resolution authorizing the permit and irforratior.
irdiL f"na that whoever signs on-Me on—Mehalf of e City of Huntington Beach
is authorized to bird the City.
once our Co^Mission approves this transaction, we will execute the
permit document and send the original to you for your records.
Please call me at (916) 322-7810 if you have any questions.
Sincerely,
SCOTT ATKINS
Land Agent
SA:jc
Attachments
CERTIFIED - RETURN RXEIPT REQUESTED NO. 515520.
City of Huntington Beach
P.O. BOX 190 CALIFORNIA $2646
`' • ' OFFICE OF THE CITY CLERK
March 6, 1979
Mr. Scott Atkins, Land Agent
State Lands Commission
1807 13th Street
Sacramento, CA 95814
Dear Mr. Atkins:
Subject: 12" waterline crossing the State-owned 400' channel and
adjacent State-owned property, at Huntington Harbour
We are transmitting the original and one copy of a forty-nine (49) year Public
Agency Permit (Right of Wady Ilse) covering the above-referenced project.
We would appreciate a fully executed copy being returned to our office for
our records.
Enclosed please find a copy of the City Council Resolution No. 4720 authorizing
the permit.
Sincerely,
Alicia M. Wentworth
City Clerk
AM.W:es
Enclosures
Blind CC: E. A. Eievaterski
i
r _ DPW S��o!
kJ Ak 4--all,
STATE OF CALIFORNIA—STATE LANDS COMMISSION EDMUND G. BROWN JR., Governor
STATE LANDS COMMISSION
1607 13TH STREET r ,
SA RAMENTO CALIFORNIA 95814
( 16) 322-7810
March 26 , 1979
File Ref. : W 21872
Ms. Alicia M. Wentworth
City Clerk
City of Huntington Beach
P. 0. Box 190
Huntington Beach, California 92648
Dear Ms. Wentworth:
Subject: 12f1 waterline crossing the State-owned
400' channel and adjacent to State-owned
property, at Huntington Harbour.
This letter is to acknowledge receipt of the original
and copy of a 49-year Public Agency Permit (Right-of-Way Use)
and the City Council Resolution covering the above referenced
project.
I will be submitting this permit to our Commission
for approval at their meeting on April 26, 1979 in Long
Beach. Upon obtaining their approval , I will send you the
original permit document for your records .
Please call me at (916 ) 322-7810, if you have any
questions.
Sincerely,
_ a
SCOTT ATKINS
Land Agent
cc: Mr. Stan Farber
Public Works Department
City of Huntington Beach
200 Alain Street
Huntington Beach, CA 92648
61vd