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HomeMy WebLinkAboutCalifornia State Lands Commission - 2006-07-17C'eY El, 4.,.CO' E 2006 JULS' PH - 5: 33 Council/Agency Meeting Held:_ C6 Deferred/Continued to: Fiil11 pproved ❑ Conditionally Approved. ❑ Denied City I rk'S igna ure Council Meeting Date: 7/17/2006 Department 1 Number: PW 06-050 CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AND CizFX.COUNCIL MEMBERS_ SUBMITTED BY:' PE ELOPE U'LBR�RAF it Administrator PREPARED BY: ROB'ERT F. BEARDSLEY, PE, Director of ublic Works SUBJECT: APPROVE LEASE AND AUTHORIZE THE DIRECTOR OF PUBLIC WORKS TO ENTER INTO A LEASE AGREEMENT WITH THE CALIFORNIA STATE LANDS COMMISSION FOR THE INSTALLATION AND MAINTENANCE OF TRAFFIC SIGNAL EQUIPMENT Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Attachment(s) Statement of.Issue: On April 17, 2006, the City Council awarded a construction contract for. the modification of the traffic signal on Warner Avenue opposite Fire Station Number 7 east of Pacific Coast Highway. Since the traffic signal equipment encroaches onto State of California property at the Bolsa Chico Interpretive Center, it is necessary to enter into a lease agreement with the State of California in order to construct and maintain the improvements. Funding Source: The State Lands Commission will assess no monetary rental for at least the first five years. Recommended Actions Motion to: Approve the 'lease andauthorize the Director of Public Works to execute Lease P.R.C. (Public Resources Code) No: W 26097, between the City of Huntington Beach and the California State Lands Commission for the construction and -maintenance of traffic signal poles, pull boxes, conduit.and loop detectors in and adjacent to the driveway of the Bolsa Ch'ica Interpretative Center. Alternative Action(s)" Do not approve the lease and deny authorization for the Director of Public Works to enter into the lease with the California State Lands Commission. This will preclude construction of the . traffic signal modifications at Warner Avenue and the fire station and will necessitate the cancellation of the construction contract awarded on April 17, 2006: RXEST FOR CITY COUNCIL ACION, MEETING DATE: 7/17/2006 DEPARTMENT ID NUMBER: PW 06-050 y . Analysis: At' the City Council meeting 'of April 17, 2006, a construction contract was awarded for the .modification of the existing traffic signal at Warner Avenue and Fire Station No. 7 east of Pacific Coast Highway. The south leg of this intersection is the Bolsa Chica Interpretive Center, situated on lands controlled by the California State Lands Commission. In order. to construct this traffic signal, it is necessary to encroach upon these State-owned lands, thus requiring that the City of Huntington Beach enter into a lease agreement with the ' State. The California State Lands Commission does not allow typical easement access. Authorization is requested- to allow the Director of Public Works, in a one-time event, to execute Lease P.R.C. W 26097 for the City of Huntington; Beach. Upon execution of the lease by the State, the traffic signal project may commence. The City's Real Estate section has reviewed and concurs with the terms of the lease agreement: Public Works Commission Action: Not required. - Environmental Status: Not applicable to the lease agreement. Attachment(s): NumberCity Clerk's Page • 1. Location Map 2: lease P.R.C. No: 26097 - -2- 6/29/2006 5:25 PM ATTACHMENT'#1 CITY OF HUNTINGTON BEACH * PUBLIC WORKS *'TRAFFIC ENGINEERING WARNER AVENUE FIRE STATION TRAFFIC SIGNAL ATTACHMENT CC-1264 1 ATTACHMENT #2 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 LINE FOR RECORDER'S USE AT.N. 110-017-01 County.' Orange W 26097 LEASE PRC 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 Exhibit B-1 Section 4 General"Provisions' 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 Huntington Beach, hereinafter. referred to as Lessee, those certain lands described in Section 3 subject to the reservations, terms, covenants and conditions of this Lease. 6097 ADDRESS: 2000 Main Street Huntington Beach, CA 92648 LEASE TYPE: General Lease -Public Agency Use - LAND TYPE: Sovereign LOCATION: .030 acres, more or less, of sovereign lands adjacent to the Bolsa Chica Interpretive 'Center and across the street from the Warner. Avenue Fire Station No. 7, city of Huntington Beach, Orange County. LAND USE OR PURPOSE: The upgrade, construction and maintenance of traffic signal poles, pull boxes,.conduit and loop detectors adjacent to the driveway entrance of the Bolsa Chica Interpretive Center and across the street from the Warner Avenue Fire Station No. 7. TERM: Twenty years; beginning June 26, 2006; ending June 25, 2026, unless sooner terminated as provided under this Lease. CONSIDERATION: The public use and benefit,.with the State reserving the -right at any time to set a monetary rental if the Commission finds such actionto be in the State's best interest. Subject to modification by Lessor as specified in Paragraph 2(b) of Sectioii 4 - General Provisions. AUTHORIZED IMPROVEMENTS: Upgrade, construction and maintenance of traffic signal poles, pull -boxes, conduit and. loop detectors: X EXISTING: Flashing traffic signal to be upgraded.' . X TO BE CONSTRUCTED; Upgrade of existing flashing traffic signal to an actuated traffic signal including installation of traffic signal poles, pull -boxes; conduit, and loop detectors. CONSTRUCTION MUST BEGIN BY: Within 180 days of receipt of all permits. AND BE COMPLETED BY: December 31, 2006 LIABILITY INSURANCE; Combined single limit coverage of no less than 1,000,000. SURETY'BOND OR OTHER SECURITY: N/A W 26097 SECTION 2 SPECIAL PROVISIONS BEFORE THE EXECUTION OF THIS LEASE, ITS PROVISIONS ARE AMENDED, REVISED OR SUPPLEMENTED AS -FOLLOWS: 1. The Lessee shall ensure that all personal property, tools, or equipment, taken. onto or placed upon the Lease Premises shall be promptly removed upon the completion the construction phase of the project and upon completion of any routine maintenance to facilities. The Lessor does not accept any responsibility for any damage, including damages to any personal property, including any equipment, tools or machinery on the Lease Premises. 2. No other additions or structures shall be constructed or placed on the Lease Premises without Lessor's prior approval. 3. The Lessee may not use any other lands under the jurisdiction of the Lessor beyond -the Lease Premises for any purpose not authorized by this Lease without the written consent of the Lessor. 4. Upon completion of the installation of the authorized improvements, all waste material and debris shall be entirely removed from the Leases Premises. 5. Lessee covenants that no grading, native vegetation removal or adverse wetlands impacts will take place or occur on the Lease Premises as a result of the facility upgrade. 6. Lessee will provide'written notification to Lessor on completion of project construction and will provide site photographs of the completed project. 7. Lessee will provide to Lessor, copies of all project permits and agreements related to the construction; maintenance and use of the facility located on the Lease Premises. In the event of.any conflict between the provisions of Section 2 and Section 4 of this Lease, the provisions of Section 2 shall prevail. = SECTION . 3 W26097 LAND DESCRIPTION THOSE STATE SOVEREIGN LANDS LOCATED IN THE CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, IN THE RANCHO LA BOLSA CHICA, ALSO BEING A PORTION OF PROTRACTED SECTION 29, T5S, R11 W, AS SHOWN ON THE MAP FILED IN BOOK, .51, PAGE 13 OF MISCELLANEOUS MAPS IN RECORDS OF SAID COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE SOUTHEASTERLY EXTENSION OF THE NORTHEASTERLY LINE OF PARCEL 2 AS SHOWN ON THE PARCEL MAP FILED IN BOOK 115, PAGE 18 OF PARCEL MAPS, WITH THE CENTERLINE OF WARNER AVENUE (FORMERLY LOS PATOS AVENUE), SAID CENTERLINE BEING 30 FEET NORTHERLY OF AND PARALLEL TO THE CITY OF HUNTINGTON BEACH BOUNDARY AS SHOWN ON SAID PARCEL MAP, SAID INTERSECTION BEING 346.5 FEET ± EASTERLY OF THE CENTERLINE OF PACIFIC COAST HIGHWAY AS MEASURED ALONG SAID CENTERLINE, THENCE ALONG SAID CENTERLINE OF WARNER AVENUE, SOUTH 89012'47" EAST, 67.49 FEET; THENCE AT RIGHT ANGLES TO SAID CENTERLINE SOUTH 00047'13" WEST, 30.00 FEET TO A POINT,; SAID POINT BEING ON THE SOUTH LINE OF WARNER AVENUE, SAID SOUTH LINE ALSO .BEING THE BOUNDARY OF THE CITY "OF HUNTINGTON BEACH, SAID POINT ALSO BEING THE TRUE POINT OF BEGINNING; THENCE LEAVING THE SOUTH LINE OF WARNER AVENUE AND THE CITY OF HUNTINGTON BEACH BOUNDARY AND ENTERING THE LANDS OF THE UNINCORPORATED TERRITORY OF -ORANGE COUNTY SOUTH 59'14'05"EAST, 9.54 FEET; THENCE SOUTH 89'12'47" EAST, 53.65 FEET; THENCE SOUTH 00047'13" WEST, 30.78 FEET; THENCE SOUTH 89012'47" EAST, 16.93 FEET, TO THE POINT OF CURVATURE OF A NON -TANGENT CURVE CONCAVE TO THE SOUTHEAST HAVING A RADIUS OF 26.00 FEET, A RADIAL LINE TO SAID POINT OF CURVATURE BEARS SOUTH 89012'47" WEST; THENCE NORTHEASTERLY THROUGH A DELTA OF 49008'21", AN ARC DISTANCE OF 22.30 FEET TO A POINT OF COMPOUND CURVATURE, SAID COMPOUND CURVE BEING CONCAVE TO THE SOUTHEAST AND HAVING A RADIUS OF 21.50 FEET, A RADIAL LINE TO SAID POINT OF COMPOUND CURVATURE BEARS NORTH 41038'52" WEST; THENCE "NORTHEASTERLY THROUGH A DELTA OF 18009'15", AN ARC DISTANCE OF 6.81 FEET TO A POINT, A RADIAL LINE TO SAID POINT BEARS NORTH 23029'37"WEST; 1 of 2 • W26097 THENCE NON -TANGENT TO LAST SAIDCURVE NORTH 66030'23" EAST, 3.00 FEET TO THE POINT OF CURVATURE OF A_ NON -TANGENT CURVE, CONCAVE TO THE SOUTHEAST AND HAVING A RADIUS OF 250.00 FEET, A RADIAL LINE TO SAID POINT OF CURVATURE BEARS 'NORTH,23°29'37" WEST; THENCE NORTHEASTERLY THROUGH A DELTA OF 00059'05", AN ARC DISTANCE OF'4.30 FEET; THENCE TANGENT TO LAST SAID CURVE NORTH 67°2928" EAST, 6.25 FEET TO THE " BEGINNING ON A TANGENT CURVE CONCAVE TO THE SOUTH, AND HAVING A RADIUS 25.00 FEET; THENCE EASTERLY THROUGH A DELTA OF 12050'57", AN ARC DISTANCE OF 5.61 FEET TO A - POINT, A RADIAL LINE TO SAID POINT BEARS NORTH 09°39'35" WEST; THENCE NON -TANGENT NORTH 80020'25" EAST, 26.77 FEET, TO A POINT ALONG THE SOUTH LINE OF WARNER AVENUE AND THE.BOUNDARY OF THE CITY OF HUNTINGTON BEACH; THENCE WESTERLY ALONG SAID SOUTH LINE NORTH 89° 12'47" WEST, 137.05 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING 1344 SQUARE FEET MORE OR LESS. THE BASIS OF BEARINGS FOR THIS LAND DESCRIPTION IS BASED UPON THE CENTERLINE OF WARNER AVENUE BEARING NORTH 89012'47 WEST, AS SHOWN ON RECORD OF SURVEY 97-1000, FILED IN BOOK 169, PAGES 29 THROUGH 36 INCLUSIVE, OF RECORDS OF SURVEY, IN ORANGE COUNTY RECORDS. I ANp JOSEPH-G: DERLETH — EXP. 12-31-07 PLS 7340 EXPIRES 12/31/07 Jj9 L.S. 7340 2 of 2 GRAPHIC SCALE 20 0 10 20 40 ( IN.. FEET ) 1 inch = 20 it. VVAHIVtHO� (FORMERLYLOS PAI 'ANp �oEXP• 12-31-05L.S. 7340gOF' CAL\FvAVE SOUTH LINE OF WARNER AVE ' /AND CITY OF HUNT/NGTON A VE) BEACH BOUNDARY PER _ 115118 OF PARCEL MAPS N SOUTH LINE OF WARNER AVE } �j U ANO CITY OF HUNTING TON c Q N L BEACH_ BOUNDARY PER v W Y m 115118 OF PARCEL MAPS 3D, v m 3 Cl T Y OF HUN RNG TON BEA CH z - [,-� � 0 , . - �_ .. mN89 *1247"W,, 137. 95' w \ Z a X l� L 8 C 5" E c w z o W S89'12'47"E, 53.65' L6 C3 rN80'20 2 Z C2 �-- --� c� 26' 77 •� w UNINCORPORA TED Acr `� TERRI TOR Y OF ORANGE o w LINE TABLE. c� COUNTY v > L7=S5914 05 E, 9.54 Q F- L2=S89'12'47"E, 18.93 L3 LEGEND: ~ U L3=S89'12'47"W,. RAD L2 T.P,O,B.= TRUE POINT OF BEGINNING , L4=N4138'52"W, RAD C5=N2329'37"W, 'RAD CURVE TABLE. o L6=N66'30'23"E, 3.00 C1=DEL TA 49 08'21 ", R=26. 00, L=22.30' � L7=N2230'32"W, RAD' C2=DELTA '18'09'15;. R=21,50, L=6.°81' L 8=N6729'28 "E, 6: 25' ly C3=DEL TA 00 59'05 ", R=250. 00 ; L = 4. 30' (/ L9=N0939'35"W,. RAD C4- DELTA 1250'57'; R=25:00' L=5.61' 1. GENERAL These provisions are applicable to 'all leases, permit's, rights - of -way, 'easements, or licenses or .other interests in real property conveyed by the State Lands Commission. 2., CONSIDERATION (a). Categories (1)' Rental Lessee shall pay -the. annual rental as stated in this Lease to Lessor without deduction, delay or offset, on or before the beginning date of this Lease and on or.before. each anniversary of its beginning date during each year of the Lease term. (2)` 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•Staie Lands Commission, at its sole -discretion determines that such action'is in the best interest of the State. (b) 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 (1) 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 effective date. (c) Pe'nalty.and Interest Any installments of rental accruing under this Lease not paid when due shall be subject to a penalty and shall bear interest as specified in Public Resources Code Section 6224 and the Lessor's then existing administrative regulations governing penalty and interest 3. BOUNDARIES This Lease is not intended to establish the State's boundaries and is made without prejudice to either party regarding any boundary claims which may be asserted presently or in the future: 4. LAND USE (a) General 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.(90).days of the date set for construction, to commence as set 'forth in this Lease, whichever is later. Lessee shall notify Lessor within ten (10) days after commencing- the construction of authorized improvements and within sixty (60) days after completing them. Lessee's discontinuance of such use for a period of ninety (90) days. shall be conclusively presumed to be an abandonment. (b) Continuous Use Lessee's use of the Lease Premises shall be continuous from commencement of the Lease until its expiration. (c) Repairs and Maintenance Lessee shall, at its own expense, keep and maintain the Lease Premises and all improvements in good order and repair and in safe condition. Lessor shall have no obligation for such repair and maintenance. (d) Additions, Alterations and Removal (1) Additions - 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. (2) Alteration .or Removal - Except as provided under this Lease, no alteration or removal of ' improvements on or natural features of the Lease Premises shall be undertaken ,without the prior written consent of Lessor. (e) Conservation Lessee shall practice conservation of water, energy, and other natural resources and shall prevent pollution and harm to the environment. Lessee shall not violate any law or regulation whose purpose is to conserve resources or to protect the environment. Violation of this section shall constitute grounds for termination of the Lease. Lessor, by its executive officer, shall notify Lessee, when in his or her opinion, Lessee has violated the provisions of this section and Lessee shall respond and discontinue the conduct or remedy. the condition within 30 days. (f) Toxics Lessee shall not manufacture or generate hazardous wastes on the. Lease Premises unless specifically authorized under other terms of this Lease. Lessee shall be fully responsible for any hazardous wastes, substances or materials as defined under federal, state or local law, ,regulation, or ordinance that are manufactured, generated, used, placed, disposed, stored, or transported on the Lease Premises during the Lease term and shall comply with and be bound by all applicable provisions of such federal, state or local law, regulation or ordinance dealing with such wastes, substances or materials. Lessee shall notify Lessor and the appropriate governmental emergency response agency(ies) immediately in the event of any release or threatened release of any such wastes, substances or materials. 0 0 5. (g) Enjoyment Subject to the. provisions of paragraph 5 (a) (2) below, nothing in this Lease shall preclude Lessee from excluding persons ,from the Lease Premises when their presence or activity constitutes a material interference with Lessee's use and enjoyment of the Lease Premises as provided under this Lease. (h) ..Discrimination Lessee in its use of the Lease Premises . shall not discriminate against any person or class of persons on the basis of race, color, creed, religion, national origin, sex, age, or handicap. (i) Residential Use No portion of the Lease Premises shall be used as a location for a residence or for the purpose of mooring a structure -which is used as a residence. For purposes of this Lease, a residence or floating residence includes but is not limited to boats, barges, houseboats, trailers, cabins- or combinations of such facilities or other such structures which provide overnight accommodations to the Lessee or others. not inconsistent or incompatible with the rights or privileges of Lessee under this Lease. (b) Encumbrances This Lease may be subject to pre-existing contracts, leases, .licenses, easements, encumbrances and. claims and is made without warranty by Lessor of title, condition or fitness of the land for the stated or intended purpose. 6. 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 other governmental agency or entity having lawful authority and jurisdiction. RESERVATIONS, ENCUMBRANCES AND RIGHTS - OF -WAY (a) Reservations (1) Lessor expressly reserves all natural resources in or 7. on the Lease Premises, including but not limited' to timber 'and minerals as defined under Public Resources Code Sections 6401 and 6407, as well as the right to - grant leases in and over the Lease Premises for the extraction of such natural resources; however, such leasing shall be neither inconsistent nor. ,incompatible with the rights or privileges of Lessee under this Lease. (2) ' Lessor expresslyy reserves a right to go on the Lease . Premises and' • all improvements for any purpose associated with this Lease or for carrying out any function required by law, or the rules, regulations or management policies of the State. Lands 8. 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 publican easement for convenient access across the Lease Premises to other State-owned lands located near or adjacent to the Lease Premises and a right of reasonable passage across and along any right-of-way granted by this Lease; however, such easement or right- of - way shall be neither inconsistent nor incompatible with the rights, or privileges of Lessee under this Lease. (4) Lessor expressly reserves the right to lease, convey, or encumber the Lease Premises, in whole or in part, during the Lease term for any purpose (b) Lessee understands and agrees that a necessary condition . for the granting and continued existence of this Lease is that Lessee obtain and maintain all permits or other entitlements. (c) Lessee accepts responsibility for and agrees to pay any and all possessory interest taxes, assessments, user fees or service charges imposed on or associated with the leasehold interest, improvements or the Lease Premises, and such ,payment shall not reduce rental due Lessor under this -Lease and Lessor shall have no liability for such.payment. 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 and all liability, claims, damages or injuries of any kind and from any cause, arising out of or ' connected in any way with the issuance, enjoyment or breach of this Lease or Lessee's use of the Lease Premises except for any such liability, claims, damage or injury solely caused by the negligence of. Lessor, its officers, agents and employees. (b) Lessee shall notify Lessor immediately in case of any accident, injury or casualty on the Lease Premises. 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 Lessor from time to time, but in no event for less than the sum(s) specified, insuring Lessee and Lessor 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 or policies shall name the State of California, its officers, employees and volunteers as insureds as to the Lease Premises and shall identify the Lease by its assigned number. Lessee shall provide Lessor with a" certificate of such insurance and shall keep such certificate current. The policy (or endorsement) must provide that the insurer will not cancel the insured's coverage without thirty (30) days prior written notice to Lessor. Lessor will not be responsible for any, premiums or other assessments on the policy. The coverage provided by the. insured (Lessee) shall be primary and non-contributing._ (c) "The insurance coverage specified in this Lease shall be in effect at all times during the Lease term and subsequently until all. of the Lease Premises have been either accepted as improved, by Lessor, or restored by ; Lessee as provided. elsewhere in this Lease. 9. SURETY BOND (a) Lessee shall provide a surety bond or other security device acceptable .to Lessor, for. the specified amount, and naming the State of California as the assured, to guarantee to. Lessor 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 any additionally authorized improvements, alterations or purposes and any modification of consideration. (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 all of the Lease Premises have been either accepted 'as improved; - by Lessor; or restored by Lessee as provided elsewhere in this Lease. 10. "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. (b) The following shall be deemed, to be an assignment or transfer within the meaning of this Lease: (1) if Lessee is a corporation,_ any dissolution, merger, consolidation or other reorganization of Lessee or sale or .other transfer of a percentage of capital stock of (e) Lessor shall have a reasonable period of time from the Lessee which results in a change of controlling persons;' receipt of all documents and other information required under or the sale or other transfer'of substantially all the assets this provision to grant or deny its approval of the proposed ofLessee; party. (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, it shall be appurtenant to adjoining littoral or riparian land and 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 prior written notice to Lessor; (2) {Provide the name and complete business organization and operational structure 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 thirdparty or other transferee. If the proposed assignee, sublessee or, secured third party is a general or limited partnership, or a joint venture, provide a copy of the partnership agreement or joint venture agreement, as applicable; (3) Provide the terms and conditions of the proposed assignment, sublease, or encumbrancing 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. 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. (f) Lessee's mortgage or hypothecation of this Lease, if approved by Lessor; shall be subject to terms and conditions found in'a separately drafted .standard'form (Agreement and Consent to Encumbrancing of Lease) available from Lessor . upon request. (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. (h) If the Lessee files a petition or an order for relief is . entered against Lessee, under Chapters 719,11 or 13 of the Bankruptcy Code '(I I 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 withinthirty(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''. 11. 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 or breach of the Lease by Lessee: (1) Lessee's failure.to make any payment of rental, royalty, or other consideration as required under this Lease., (2) Lessee's failure to obtain or maintain liability insurance or a surety bond or other security device as required under this Lease; (3) Lessee's vacation or abandonment of the Lease -Premises (including the covenant for continuous use as provided for in paragraph 4) during the Lease term;. (4) Lessee's failure to obtain and maintain all necessary governmental permits or other entitlements; .(5) Lessee's .failure to comply with all applicable 'provision's.of federal, state or local law,`regulation or ordinance dealing with hazardous waste, substances or materials as defined under such law; (6) Lessee's Failure to commence to construct and to complete 'cons.truction of the improvements authorizedby this Lease within the time limits specified in this Lease; and/or (b) Lessee's failure to observe or perform any other, term, covenant or condition of this Lease to be observed or performed by the Lessee when such failure shall continue for,a period of thirty (30) days after Lessor's giving written notice; however, if the nature of Lessee's default or breach 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 or breach if Lessee commences such cure within such thirty (30) day period and diligently proceeds with such cure to completion. (c) Remedies In the event of a default or breach by Lessee and Lessee's failure to cure such default or breach, Lessor may at any time and with or without notice, do any one or more of the, following: (1) Re-enter the Lease Premises, remove all persons and property, and repossess and enjoy such premises; (2) Terminate this Lease and Lessee's right of possession of the Lease Premises. Such termination shall be effective upon Lessor's giving written notice and upon receipt of such notice Lessee shall immediately . surrender possession of the Lease Premises to Lessor; (3) Maintain this Lease in full. force and effect and recover any rental, royalty, or other consideration as it becomes due without terminating Lessee's right of possession regardless of whether Lessee shall have abandoned. the Lease Premises; and/or (4) Exercise any other right or remedy which Lessor may, have at law or equity. 12. RESTORATION OF LEASE PREMISES •.(a) Upon expiration or sooner termination of this Lease, Lessor upon written notice may take title to .;any or 'all . improvements, including fills, or Lessor.may require Lessee to remove all or any such improvements at its sole expense and risk; or Lessor may itself remove or have removed all or any portion of such improvements at Lessee's sole expense. 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.. (b) In removing any such improvements Lessee shall restore the Lease Premises'as nearly .as possible to the conditions existing prior to their installation or construction. (c) All plans for and subsequent removal and restoration shall be to the satisfaction of Lessor and shall be completed within ninety (90) days after the expiration or sooner termination of.this Lease or after compliance with paragraph 12(d), whichever is the lesser. (7) Lessee's failure to comply with 'applicable (d) In removing any or all the improvements Lessee. shall be, provisions of 'federal, state or local laws or required to obtain any permits or other governmental ordinances relating to issues of Health and Safety, approvals as may then be required by lawful authority. or whose purpose. is to conserve resources or to protect the environment, (e) Lessor may at any time during the Lease term.require Lessee to conduct at its own expense and by a contractor approved by Lessor an' independent environmental site assessment or inspection for the, presence or suspected presence of 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 the term of the Lease. Lessee. shall provide the results of the assessment or inspection to . Lessor and the appropriate governmental response agency(ies) and shall further. be responsible for removing or taking other appropriate remedial action regarding such wastes, substances or materials in accordance with applicable federal, state or local Iaw_regulation or ordinance. 13. QUITCLAIM Lessee- .shall, within ninety (90) days of the expiration or sooner termination of this Lease, 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 such a release, a written notice by Lessor reciting such failure or refusal shall, from the date of its recordation, be conclusive evidence against Lessee of the termination of this Lease and all other claimants. 14. HOLDING -OVER Any holding -over by Lessee after the expiration of the Lease term, with or without the express or implied consent of Lessor, shall constitute a tenancy from month to month and not an extension of the Lease term and shall be on the terms, covenants, and conditions of this Lease, except that the annual rental then in effect shall be increased by twenty- five percent (25%). -15. ADDITIONAL PROVISIONS (a) ` Waiver (I) No term, covenant, or condition of this Lease and no .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. (2) Any such waiver shall not be deemed to be a waiver of any other term, covenant or condition of any other default or breach of any term, covenant or condition of this Lease. (b) Time Time is of the essence of this Lease and each and all of its terms, covenants or conditions in which performance is a factor. (c) Notice All notices required to be given under this Lease shall be given 'in writing, sent by 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 requiredunder 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 captions of this Lease are not controlling and shall have no effect upon its construciion or interpretation: (i) Severability' If any term, covenant or condition of this Lease is determined by a court of competent jurisdiction to be 'invalid, it shall be considered deleted and shalt not invalidate any of the remaining terms, covenants and conditions: / I / W 26097 STATE OF CALIFORNIA - STATE LANDS COMMISSION LEASE P:R.C: NO. 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: STATE OF CALIFORNIA CITY OF HUNTINGTON BEACH STATE LANDS COMMISSION By: By: Robert F. Beards ey Title: w re .tor- of Public Works Title:' Date:_ July 18, 2006 Date: E1} AS TO FORD 7E 1 " McGRATH4 2.,s/a t This Lease was authorizedby the t California State Lands Commission on 1V22 ACKNOWLEDGEMENT (Month Day Year) Form 51,15 (Rev. 11/91) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of On "Da-1-. 004 before me, / VO C. — - Dat - Na e and Title of Officer (e.g., "Jane D e, Notary Public") - personally appeared fRT l.t� Name(s) of Signer(s) ❑ personally known to me Z4proved to me on the basis of satisfactory evidence to be the persorA whose nam%�is/a= subscribed 'to the within instrument and acknowledged to me that he/she ep executed the same in hisigeHlteir authorized capacity#e,,4 j, and, that by his/h+erfteir signature] d on the instrument the person or the entity upon behalf of which the person acted, executed the instrument. WI S m h n nd off' 'al seal. Place Notary Seal Above, ignature of. N ry Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: LE74d E UL/L ict tc�T /'� 07�' .� Document Date: Number of Pages,: l� Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer — Title(s): ❑ Corporate Officer — Title(s): 0 Partner — ❑ Limited ❑ General ❑ Partner — ❑ Limited ❑ .General ❑ Attomey in Fact - Top of thumb here ❑ Attorney in. Fact Top of thumb Here [I Trustee ❑ Trustee ❑ Guardian or Conservator E Guardian or Conservator Other: ❑ Other: l�t8cv>D2 oF- eu� w+Gs .Signer Is Representing: Signer Is Representing: 0 2004 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 Item No. 5907 J Reorder: Call Toll -Free 1-800-876-6827 INITIATING DEPARTMENT: Public Works .,SUBJECT: Warner Avenue Fire Signal - Lease Agreement COUNCIL MEETING DATE: July 17, 2006 RCA AT H M:E NTS STATUbs Ordinance (w/exhibits & legislative draft if applicable) Attached El Not Applicable Resolution (w/exhibits & legislative draft if applicable) Attached ❑ Not Applicable Tract Map, Location Map and/or other Exhibits Attached Not Applicable Contract/Agreement (w/exhibits if applicable) - Attached (Signed in full by the City Attorney) Not Applicable El Subleases, Third Party Agreements, etc. Attached.,. ❑ (Approved as to form by City Attorney) Not Applicable Certif'icates,of Insurance (Approved by the City Attorney) Attached ❑ Not Applicable �. Fiscal Impact Statement (Unbudgeted, over $5,000) Attached Not Applicable �. Bonds --(If applicable) Attached e ❑ Not Applicable Staff Report (If applicable) Attached ❑ . Not Applicable Commission, Board or Committee Report (If applicable) Attached ❑ Not Applicable Findings/Conditions for Approval and/or Denial Attached Not Applicable ,E , t, EXLAN4TIC31U F® x .. ��. n..- ,IS.SINGAATTCHtVI,ENTS 49' !REVIEWED =RET�U:RNE _ FO;R ` RDED Administrative Staff ) ( ) Assistant City Administrator (initial) ) ( ) City Administrator (Initial) ( ) ( ) City Clerk ( ) CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK JOAN L. FLYNN CITY CLERK July 19, 2006 Ms. Susan Young California State Lands Commission 100 Howe Avenue, Suite 100-South - Sacramento, CA 95825-8202 Dear Ms. Young: Enclosed is the executed Lease Agreement between the State of California, California State Lands. Commission and the City of Huntington Beach for the installation and maintenance of traffic signal equipment located at Warner Avenue, east of Pacific Coast Highway. After the Agreement has executed and recorded, please mail one copy back to my attention at the above address to complete our files. You assistance is greatly appreciated. Sincerely, an L. Flynn City Clerk Enclosure: Agreement G: followup:agrmtltr (Telephone:, 714-536-5227 ) i STATE OF CALIFORNIA ONOLD SCHWARZENEGGER, Governor CALIFORNIA STATE LANDS COMMISSION 100 Howe Avenue, Suite 100-South Sacramento, CA 95825-8202 SEP 1 1 2006- Joan L. Flynn City Clerk City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 Dear Ms. Flynn: PAUL D. THAYER, Executive Officer (916) 574-1800 . FAX (916) 574-1810 California Relay Service From TDD Phone 1-800-735-2922 from Voice Phone 1-800-735-2929 Contact Phone: (916) 574-1879 Contact FAX: (916) 574-1925 File Ref: W 26097 / PRC 8687.9 RA 21505 Subject: General Lease — Public Agency Use for the Upgrade, Construction and Maintenance of a Traffic Signal Located on a State Owned Parcel Identified as APN 110-017-01 near the Warner Avenue Fire s Station No. 7 and the Bolsa Chica Interpretive Center, Huntington Beach, Orange County. Enclosed is the city of Huntington Beach's fully executed lease, PRC No. 8687.9, for the upgrade, construction and maintenance of the traffic signal adjacent to the Bolsa Chica Interpretive Center in Huntington Beach, Orange County. Our Accounting office will be notifying you regarding a refund due or balance outstanding on this project within 90 days from the date of this letter. 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, an M. Young Public Land Man ag ment ecialist Enclosures Cc: Accounting (w/o enclosures) W 26097 ADDRESS: 2000 Main Street Huntington Beach, CA 92648 LEASE TYPE: General Lease Public Agency Use LAND TYPE: Sovereign LOCATION: .030 acres, more or less, of sovereign lands adjacent to the Bolsa Chica Interpretive Center and across the street from the Warner Avenue Fire Station No. 7, city of Huntington Beach, Orange County. LAND USE OR PURPOSE: The upgrade, construction and maintenance of traffic signal poles, pull - boxes, conduit and loop detectors adjacent to the driveway entrance of the Bolsa Chica Interpretive Center and across the street from the Warner Avenue Fire Station No. 7. TERM: Twenty years; beginning June 26, 2006; ending June 25, 2026, unless sooner terminated as provided under this Lease. CONSIDERATION: The public use and benefit, with the State reserving the right at any time to set a monetary rental if the Commission finds such action to be in the State's best interest. Subject to modification by Lessor as specified in Paragraph 2(b) of Section 4 - General Provisions. AUTHORIZED IMPROVEMENTS: Upgrade, construction and.maintenance of traffic signal poles, pull -boxes, conduit and loop detectors. X EXISTING: Flashing traffic signal to be upgraded. X TO BE CONSTRUCTED; Upgrade of existing flashing traffic signal to an actuated traffic signal including installation of traffic signal poles, pull -boxes, conduit, and loop. detectors. CONSTRUCTION MUST BEGIN BY: Within 180 days of receipt of all permits. AND BE COMPLETED BY: December 31, 2006 LIABILITY INSURANCE: Combined single limit coverage of no less than 1,000,000. SURETY BOND' OR OTHER SECURITY: N/A W 26097 SECTION 2 SPECIAL PROVISIONS BEFORE THE EXECUTION OF THIS LEASE, ITS PROVISIONS ARE AMENDED, REVISED OR SUPPLEMENTED AS FOLLOWS: 1. The Lessee shall ensure that all personal property, tools, or equipment taken onto or placed upon the Lease Premises shall be promptly removed upon the completion the construction phase of the project and upon completion of any routine maintenance to facilities. The -Lessor does not accept any responsibility for any damage, including damages to any , personal property, including any equipment, tools or machinery on the Lease Premises. 2. No other additions or structures shall be constructed or placed on the Lease Premises without Lessor's prior approval. 3. The Lessee may not use any other lands under the jurisdiction of the Lessor beyond the Lease Premises for any purpose not authorized by this Lease without the written consent of the Lessor. 4. Upon completion of the installation of the authorized improvements, all waste material and debris shall be entirely removed from the Leases Premises. 5. Lessee covenants that no grading, native vegetation removal or adverse wetlands impacts will take place or occur on the Lease Premises as a result of the facility upgrade. 6. Lessee will provide written notification to Lessor on completion of project construction and will provide site photographs of the completed project. 7. Lessee will provide to Lessor, copies of all project permits and agreements related to the construction, maintenance and use of the facility located on the Lease Premises. In the event of any conflict between the provisions of Section 2 and Section 4 of this Lease, the provisions of Section 2 shall prevail. SECTION 3 w26097 . LAND .DESCRIPTION THOSE STATE SOVEREIGN LANDS LOCATED IN THE CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, IN THE RANCHO LA BOLSA CHICA, ALSO BEING A PORTION OF PROTRACTED SECTION 29, T5S, R11 W, A& SHOWN ON THE MAP FILED IN BOOK 51,,PAGE 13 OF MISCELLANEOUS MAPS 1N RECORDS OF SAID COUNTY, MORE PARTICULARLY DESCRIBED: AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE SOUTHEASTERLY EXTENSION OF THE-. NORTHEASTERLY LINE OF PARCEL 2 AS SHOWN ON THE PARCEL MAP FILED IN BOOK 1151-' PAGE 18 OF PARCEL MAPS, WITH THE CENTERLINE OF WARNER AVENUE (FORMERLY LOS PATOS AVENUE), SAID CENTERLINE" BEING 30"FEET NORTHERLY OF AND PARALLEL TO THE CITY OF HUNTINGTON BEACH BOUNDARY AS .SHOWN ON SAID PARCEL MAP, SAID INTERSECTION BEING 346.5 FEET ±'EASTERLY OF THE CENTERLINE OF PACIFIC COAST` HIGHWAY AS MEASURED ALONG SAID CENTERLINE, THENCE ALONG SAID -CENTERLINE OF WARNER AVENUE, SOUTH 89012'47".EAST,,67.49 FEET; THENCE AT RIGHT ANGLES TO SAID'CENTERLINE SOUTH 00047'13" WEST,30.00 FEET TO A POINT SAID POINT BEING ON THE SOUTH LINE OF WARNER AVENUE, SAID SOUTH LINE ALSO BEING THE BOUNDARY OF THE CITY OF HUNTINGTON BEACH, SAID POINT ALSO BEINGTHE TRUE POINT OF BEGINNING;, THENCE LEAVING THE SOUTH LINE OF WARNER AVENUE AND THE CITY OF HUNTINGTON BEACH BOUNDARY AND ENTERING THE LANDS OF THE UNINCORPORATED TERRITORY OF ORANGE COUNTY SOUTH 59014'05" EAST, 9.54 FEET; THENCE SOUTH 89012'47" EAST, 53.65"FEET; THENCE SOUTH 00047'13"WEST, 30.78 FEET :THENCE SOUTH 89012'47" EAST, 16.93 FEET, TO THE POINT OF CURVATURE OF A .NON- TANGENT CURVE CONCAVE TO THE SOUTHEAST HAVING A RADIUS OF 26.00 FEET, A RADIAL LINE.TO SAID POINT OF CURVATURE BEARS SOUTH 89g12'47" WEST; THENCE NORTHEASTERLY THROUGH A DELTA OF 49-08-21", AN ARC DISTANCE -OF "22.30 FEET TO A POINT OF COMPOUND CURVATURE, SAID COMPOUND CURVE BEING CONCAVE TO THE. SOUTHEAST AND HAVING A RADIUS OF 21.50 FEET, A RADIAL LINE TO SAID POINT OF -COMPOUND CURVATURE BEARS NORTH 41038'52" WEST; . THENCE NORTHEASTERLY THROUGH A DELTA OF 18009'15", AN ARC DISTANCE OF 6.81 FEET TO A POINT, A RADIAL LINE TO SAID POINT BEARS NORTH 23-,29'37"WEST; I of 2 W26097 . THENCE NON -TANGENT TO LAST SAID CURVE NORTH 66030'23" EAST, 3.00 FEET TO:THE POINT OF CURVATURE OF A NON -TANGENT CURVE, CONCAVE TO THE SOUTHEAST AND HAVING A RADIUS OF 250.00 FEET, A RADIAL LINE TO SAID POINT OF CURVATURE BEARS NORTH 23"29'37"WEST;' THENCE NORTHEASTERLY THROUGH A -DELTA OF 00059'05", AN ARC DISTANCE OF 4.30 FEET; THENCE TANGENT TO LAST SAID CURVE NORTH 67029'28" EAST, 6.25 FEET TO, THE BEGINNING ON A TANGENT,CURVE CONCAVE TO THE SOUTH, AND HAVING A RADIUS 25.00 FEET; THENCE EASTERLY THROUGH A DELTA OF 12050'57' ;_AN ARC DISTANCE OF 5".61 FEET TO A POINT, A RADIAL LINE TO SAID POINT BEARS NORTH 09.039'35" WEST; THENCE NON -TANGENT NORTH 80020'25" EAST,'26:77 FEET, TO A POINT ALONG THE SOUTH .LINE OF WARNER AVENUE AND THE BOUNDARY OF THE CITY. OF HUNTINGTON BEACH; ,THENCE WESTERLY ALONG SAID SOUTH LINE NORTH 89012'47 WEST,137.05 FEET TO THE TRUE POINT OF BEGINNING. _ CONTAINING 1344 SQUARE-FEET'MORE OR LESS. THE BASIS OF BEARINGS FOR THIS LAND DESCRIPTION IS BASED -UPON THE CENTERLINE OF WARNER AVENUE BEARING NORTH 89012'47" WEST; AS SHOWN ON RECORD OF SURVEY 974000, FILED IN BOOK 169, PAGES 29 THROUGH 36 INCLUSIVE, OF RECORDS OF SURVEY, IN ORANGE COUNTY RECORDS. Q� �ANp . C��� JOSEPH G. DERLETH _� �. so EXP. 12-31-07 � PLS 7340 EXPIRES 12/31/07 L.S. 7340 TF Op CAL�E�� "2 of2 `AND SG GRAPHIC SCALETia 20. . 010 20 40 -> EXP;.12-31-05 z L.S 7340 ( IN FEET) . rqT� of CA 1 �� 1 inch = 20 ft. WA RNERVE 1.SOUTH LINE WARNER AI/E AND CITY OF HUNTINGTON- 2 (FORMERL Y'LOS PA AT A l/E) • BEACH BOUNDARY. PER 115118, OF PARCEL MAPS SOUTH LINE OF WARNER AVE • — 4— AND U U CITY OF HUNTINGTON C Q V) L. BEACH "BOUNDARY PER N c� m y m 11511.8 OF PARCEL MAPS .30' t Z 3 1 r. P. o. e. Cl T Y OF HUNTING TON BEA CH o o m N8972'47"W, ', 137.05' W O z a x �� _ w LB C ,25„E —, � w � o W S89'12 47 E, 53.65 L6 C3 Ng0.20 z �. C2 �� 26.77 , .o'-H Z LJ w r N It _ UNINCORPORA TE-D - .� o TERRI TOR Y OF ORANGE o w LINE TABLE. �.. COUNTY _ L 1=S59'14 05 E, 9.54 Q 1— L2=S89'1247"E, 16.93' L3 LEGEND: ~ U L3=S89'12'47"W, RAD T.P.O.B.= TRUE POINT OF BEGINNING . L2 _ L4=N4138'52"W, RAD CURE TABLE. L 5=N23 29 37 W, RAD p L6=N6630'23"E, J.00' C1=DEL TA 49 08 21 , R=26.00, L=22230 L7=N2230'32"W, RAD C2=DELTA 18'09'15", R=21.50;. L=6.81' L8=N67 29'28 "E, 6.25' �y 59'05 ;' `R=250.00 ; L= 4.30' C3 DEL TA 00 L9=N09 3935"W, RAD C4= 250'57'; Rm 25.O0, L=5.61' DEL TA 1 - N SECTION 4 SPECIAL PROVISIONS 1. GENERAL These provisions are applicable to all leases, permits, rights - of -way, easements, or licenses or other interests in real property conveyed by the State Lands Commission. 2. CONSIDERATION (a) Categories (1) Rental Lessee shall pay the annual rental as stated in this Lease to Lessor without deduction, delay or offset, on or before the beginning date of this Lease and on or before each anniversary of its beginning date during each year of the Lease term. 3. 4. (2) 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 State Lands Commission, at its sole discretion, determines that such action is in the best interest of the State. (b) 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 (1) 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 effective date. (c) Penalty and Interest Any installments of rental accruing under this Lease not paid when due shall be subject to a penalty and shall bear interest as specified in Public Resources Code Section 6224 and the 'Lessor's then existing ,administrative regulations governing penalty and interest BOUNDARIES This Lease is not intended to establish the State's boundaries and is made without prejudice to either party regarding any boundary claims which may be asserted presently or in the future. LAND USE (a) General 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 (90) days of the date set for construction to commence as set forth in this Lease, whichever is later. Lessee shall notify Lessor within ten (10) days after commencing the construction of authorized improvements and within sixty (60) days after completing them. Lessee's discontinuance of such use for a period of ninety (90) days shall be conclusively presumed to be an abandonment. (b) Continuous Use Lessee's use of the Lease Premises shall be continuous from commencement of the Lease until its expiration. (c) Repairs and Maintenance Lessee shall, at its own expense, keep and maintain the Lease Premises and all improvements in good order and repair and in safe condition. Lessor shalt have no obligation for such repair and maintenance. (d) Additions, Alterations and Removal (1) Additions - 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. (2) Alteration or Removal - Except as provided under this Lease, no alteration or removal of improvements on or natural features of the Lease Premises shall be undertaken without the prior written consent of Lessor. (e) Conservation Lessee shall practice conservation of water, energy, and other natural resources and shall prevent pollution and harm to the environment. Lessee shall not violate any law or regulation whose purpose is to conserve resources or to protect the environment. Violation of this section shall constitute grounds for termination of the Lease. Lessor, by its executive officer, shall notify Lessee, when in his or her opinion, Lessee has violated the provisions of this section and Lessee shall respond and discontinue the conduct or remedy the condition within 30 days. (1) Toxics Lessee shall not manufacture or generate hazardous wastes on the Lease Premises unless specifically authorized under other terms of this Lease. Lessee shall be fully responsible for any hazardous wastes, substances or materials as defined under federal, state or local law, regulation, or ordinance that are manufactured, generated, used, placed, disposed, stored, or transported on the Lease Premises during the Lease term and shall comply with and be bound by all applicable provisions of such federal, state or local law, regulation or ordinance dealing with such wastes, substances or materials. Lessee shall notify Lessor and the appropriate governmental emergency response agency(ies) immediately in the event of any release or threatened release of any such wastes, substances or materials. (g) Enjoyment Subject to the provisions of paragraph 5 (a) (2) below, nothing in this Lease shall preclude Lessee from excluding persons from the Lease Premises when their presence or activity constitutes a material interference with Lessee's use and enjoyment of the Lease Premises as provided under this Lease. (h) Discrimination 6. Lessee in its use of the Lease Premises shall not discriminate against any person or class of persons on the basis of race, color, creed, religion, national origin, sex; age, or handicap. (i) Residential Use No portion of the Lease Premises shall be used as a location for a residence or for the purpose of mooring a structure which is used as a residence. For purposes of this Lease, a residence or floating residence includes but is not limited to boats, barges, houseboats, trailers, cabins or combinations of such facilities or other such structures which provide overnight accommodations to the Lessee or others. RESERVATIONS, ENCUMBRANCES AND RIGHTS - OF -WAY (a) Reservations (1) Lessor expressly reserves all natural resources in or 7. on the Lease Premises, including but not limited to timber and minerals as defined under Public Resources Code Sections 6401 and 6407, as well as the right to grant leases in and over the Lease Premises for the extraction of such natural resources; however, such leasing shall be neither inconsistent nor incompatible with the rights or privileges of Lessee under this Lease. (2) Lessor expressly reserves a right to go on the Lease Premises and all improvements for any purpose associated with this Lease or for carrying out any function required by law, or the rules, regulations or management policies of the State Lands Commission. Lessor shall have a right of 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 Premises to other State-owned lands located near or adjacent to the Lease Premises and a right of reasonable passage across and along any right-of-way granted by this Lease; however, such easement or right- of - way shall be neither inconsistent nor incompatible with the rights or privileges of Lessee under this Lease. (4) Lessor expressly reserves the right to lease, convey, or encumber the Lease Premises, in whole or in part., during the Lease term for any purpose not inconsistent or incompatible with the rights or privileges of Lessee under this Lease. (b) Encumbrances This Lease may be subject to pre-existing contracts, leases, licenses, easements, encumbrances and claims and is made without warranty by Lessor of title, condition or fitness of the land for the stated or intended purpose. 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 other governmental agency or entity having lawful authority and jurisdiction. (b) Lessee understands and agrees that a necessary condition for the granting and continued existence of this Lease is that Lessee obtain and maintain all permits or other entitlements. (c) Lessee accepts responsibility for and agrees to pay any and all possessory interest taxes, assessments, user fees or service charges imposed on or associated with the leasehold interest, improvements or the Lease Premises, and such payment shall not reduce rental due Lessor under this Lease and Lessor shall have no liability for such payment. 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 and all Liability, claims, damages or injuries of any kind and from any cause, arising out of or connected in any way with the issuance, enjoyment or breach of this Lease or Lessee's use of the Lease Premises except for any such liability, claims, damage or injury solely caused by the negligence of Lessor, its officers, agents and employees. (b) Lessee shall notify Lessor immediately in case of any accident, injury or casualty on the Lease Premises. 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 Lessor from time to time, but in no event for less than the sum(s) specified, insuring Lessee and Lessor 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 or policies shall name the State of California, its officers, employees and volunteers as insureds as to the Lease Premises and shall identify the Lease by its assigned number. Lessee shall provide Lessor with a certificate of such insurance and shall keep such certificate current. The policy (or endorsement) must provide that the insurer will not cancel the insured's coverage without thirty (30) days prior written notice to Lessor. Lessor will not be responsible for any premiums or other assessments on the 0 0 policy. The coverage provided by the insured (Lessee) shall be primary and non-contributing. (c) The insurance coverage specified in this Lease shall be in effect at all times during the Lease term and subsequently until all of the Lease Premises have been either accepted as improved, by Lessor, or restored by Lessee as provided elsewhere in this Lease. SURETY BOND (a) " Lessee shall provide a surety bond or other security device acceptable to Lessor, for the specified amount, and naming.the State of California as the assured, to guarantee to Lessor' 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 any additionally authorized improvements, alterations or purposes and any modification of consideration. (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 all of the Lease Premises have been either accepted as improved, by Lessor, or restored by Lessee as provided elsewhere in this Lease. 10. 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. (b) The following shall be deemed to be an assignment or transfer within the meaning of this Lease: (1) If Lessee is a corporation, any dissolution, merger, consolidation or other reorganization of Lessee or sale or other transfer of a percentage of capital stock of Lessee which results in a change of controlling persons, or the sale or other transfer of substantially all the assets of Lessee; (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, it shall be appurtenant to adjoining littoral or riparian land and 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 prior written notice to Lessor; (2) Provide the name and complete business organization and operational structure of the proposed assignee, sublessee, secured third party of 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., If the proposed assignee, sublessee or secured third party is a general or 'limited partnership, or a joint venture, provide a copy of the partnership agreement or joint., venture agreement, as applicable; (3) Provide the terms and conditions of the proposed assignment, sublease, or encumbrancing 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. 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. (f) Lessee's mortgage or hypothecation of this Lease, if approved by Lessor, shall be subject to terms and conditions found in a separately drafted standard form (Agreement and Consent to Encumbrancing of Lease) available from Lessor upon request. (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 W 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. (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. 11. 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 or breach of the Lease by Lessee: (1) Lessee's failure to make any payment of rental, royalty, or other consideration as required under this Lease; (2) Lessee's failure to obtain or maintain liability insurance .or a surety bond or other security device 12. as required under this Lease; (3) Lessee's vacation or abandonment of the Lease Premises (including the covenant for continuous use .as provided for in paragraph 4) during the Lease term; (4) Lessee's failure to obtain and maintain all necessary governmental permits or other entitlements; (5) Lessee's failure to comply with all applicable provisions of federal, state or local law, regulation or ordinance dealing with hazardous waste, substances or materials as defined under such law; (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; and/or (7) Lessee's failure to comply with applicable provisions of federal, state or local laws or ordinances relating to issues of Health and Safety, or whose purpose is to conserve resources or to protect the environment. (b) Lessee's failure to observe or perform any other term, covenant or condition of this Lease to be observed or performed by the Lessee when such failure shall continue for a period of thirty (30) days after Lessor's giving written notice; however, if the nature of Lessee's default or breach 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 or breach if Lessee commences such cure within such thirty (30) day period and diligently proceeds with such cure to completion. (c) Remedies In the event of a default or breach by Lessee and Lessee's failure to cure such default or breach, Lessor may at any time and with or without notice do any one or more of the following: (1) Re-enter the Lease Premises, remove all persons and property, and repossess and enjoy such premises; (2) Terminate this Lease and Lessee's right of possession of the Lease Premises. Such termination shall be effective upon Lessor's giving written notice and upon receipt of such notice Lessee shall immediately surrender possession of the Lease Premises to Lessor; (3) Maintain this Lease in full force and effect and recover any rental, royalty, or other consideration as it becomes due without terminating Lessee's right of possession regardless of whether Lessee shall have abandoned the Lease Premises; and/or ' (4) Exercise any other right or remedy which Lessor may have at law or equity. RESTORATION OF LEASE PREMISES (a) Upon expiration or sooner termination of this Lease, Lessor upon written notice may take title to any or all improvements, including fills, or Lessor may require Lessee to remove all or any such improvements at its sole expense and risk; or Lessor may itself remove or have removed all or any portion of such improvements at Lessee's sole expense. 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. (b) In removing any such improvements Lessee shall restore the Lease Premises as nearly as possible to the conditions existing prior to their installation or construction. (c) All plans for and subsequent removal and restoration shall be to the satisfaction of Lessor and shall be completed - within ninety (90) days after the expiration or sooner termination of this Lease or after compliance with paragraph 12(d), whichever is the lesser. (d) In removing any or all the improvements Lessee shall be required to obtain any permits or other governmental approvals as may then be required by lawful authority. (e) Lessor may at any time during the Lease term-. require (d) Consent Lessee to conduct at its own expense and by a contractor Where Lessor's consent is required under this Lease its approved by Lessor an independent environmental site consent for one transaction or event shall not.be deemed assessment or inspection for the presence or suspected to be a consent to any subsequent occurrence of the same presence of hazardous wastes, substances or materials as or any other transaction or event. defined under federal, state or local law, regulation or ordinance manufactured, generated, used, placed, disposed, (e) Changes stored or transported on the Lease Premises during the term This Lease may be terminated and its term, covenants and of the Lease. Lessee shall provide the results of the conditions amended, revised or supplemented only by assessment or inspection to Lessor and the appropriate mutual written agreement of the parties. governmental response agency(ies) and shall further be (f) Successors responsible for removing or taking other appropriate The terms, covenants and conditions of this Lease shall remedial action regarding such wastes, substances or extend to and be binding upon and inure to the benefit of materials in accordance with applicable federal, state or the heirs, successors, and assigns of the respective parties. local law regulation or ordinance. 13. QUITCLAIM Lessee shall, within ninety (90) days of the expiration or sooner termination of this Lease, 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 such a release, a written notice by Lessor reciting such failure or refusal shall, from the date of its recordation, be conclusive evidence against Lessee of the termination of this Lease and all other claimants. 14. HOLDING -OVER Any holding -over by Lessee after the expiration of the Lease term, with or without the express or implied consent of Lessor, shall constitute a tenancy from month to month and not an extension of the Lease term and shall be on the terms, covenants, and conditions of this Lease, except that the annual rental then in effect shall be increased by twenty- five percent (25%). 15. ADDITIONAL PROVISIONS (a) Waiver (1) No term, covenant, or condition of this Lease and no 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. (2) Any such waiver shall not, be deemed to be a waiver of any other term, covenant or condition of any other default or breach of any term, covenant or condition of this Lease. (b) Time Time is of the essence of this Lease and each and all of its terms, covenants or conditions in which performance is a factor. (c) Notice All notices required to be given under this Lease shall be given in writing, sent by 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 shalt give Lessor notice of any change in its name or address. . (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 captions of this Lease are not controlling and shall have no effect upon its construction or interpretation. (i) Severability If any term, covenant or condition of this Lease is determined by a court of competent jurisdiction to be invalid, it shall be considered deleted and shall not invalidate any of .the remaining terms, covenants and conditions: W 26097 STATE OF CALIFORNIA - STATE LANDS COMMISSION LEASE P.R.C. NO. 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: STATE OF-CALIFORNIA CITY OF HUNTIN(ON BEACH STATE LANDS COMMISSION 1. 4 a�i 4 Y Y V l✓.hiet; Divisfon a T'itle:. �i�slp� a rC ��Wa��� Title: % Land Managom Date: e 22��t�ta4� rrn_�n� n 41MRRV�A TD hU t� �oC JENNIFER McGRATHj City Attorney —(), �-- t to • 01P ACKNOWLEDGEMENT SEP I Date: This Lease was authorized by the California State Lands Commission on (Month Day Year) Form 51.15 (Rev. 1 l/91) • -NIA ALL-PURPOSE ACKNOWLEDGMENT SiS!a.,.�.•_ae�i>.��< �5�.,.T —..+��ae.:�v�:.y�.C,rs�.'t,.�vs��.,:�.�e State of California / /��i� County of ss. On r A Q06 before me, Date I /I Name and Titlk of Officer (e.g., "Jifne Doe, Notary Public") personally appeared ZtZ P. L. EVAM Cmnmisaton # 1599179 Notffv Pubic CaSbmia y olronge county i1&.MVComM.EYpkWAu94, a0 FN Place Notary Seal Above Name(s) of Signer(s) ❑ personally known to me proved to me on the basis of satisfactory evidence to be the personX whose name() is/afe subscribed to the within instrument and acknowledged to me that he/alq� executed the same in his/he4thQ4- authorized capacity(bsQ, and that by his/lper/tl-reir signature() on the instrument the person(14, or the entity upon behalf of which the person(w) acted, executed the instrument. WITN S my hand an official seal. Signatu Notary Publi OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: i Individual Corporate Officer — Title(s): Partner — ❑ Limited ❑ General Attorney in Fact Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER Top of e -Number of Pages: Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER 0 2004 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 Item No. 5907 Reorder: Call Toll -Free 1-800-876-6827 CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK JOAN L. FLYNN CITY CLERK August 24, 2006 Susan Young Public Land Management Specialist :State Lands Commission Division of Land Management 100 Howe Avenue, Suite 100-South Sacramento, CA 95825-8202 Dear Ms. Young: Enclosed is the Insurance Certificate, evidence of the authority for Robert' Beardsley to execute documents on behalf of the City of Huntington Beach, and two executed lease agreements for the upgrade, construction and maintenance of a traffic signal located on APN 110-017-01 near the Warner Avenue Fire Station No. 7 and the Bolsa Chica Interpretive Center. After the contract has executed and recorded, please mail one copy back to my attention at the above address to complete our files. You assistance is greatly appreciated. Sincerely, I 1 ' an L. Flynn � City Clerk i Enclosure: Agreements, insurance i G:foliowup:agrmtltr (Telephone: 714-536-5227 ) S-TATt'OF CALIFORNIA NOLD SCHWARZENEGGER, Governor CALIFORNIA STATE LANDS COMMISSION 100 Howe Avenue, Suite 100-South Sacramento, CA 95825-8202 August 8, 2006 Patty Esparza Records Managment City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 Dear Ms. Esparza: PAUL D. THAYER, Executive Officer (916) 574-1800 FAX (916) 574-1810 California Relay Service From TDD Phone 1-800-735-2922 from Voice Phone 1-800-735-2929 Contact Phone: (916) 574-1879 Contact FAX. (916) 574-1925 File Ref: W 26097 Subject: General Lease — Public Agency Use for the Upgrade, Construction and Maintenance ofa Traffic Signal Located on a State Owned Parcel Identified as APN 110-017-01 near the Warner Avenue Fire Station No. 7 and.the Bolsa Chica Interpretive Center, Huntington Beach, Orange County. �" s s Enclosed are two replacement copies of the subject document, which was — approved by the California State Lands Commission (CSLC) its June 26, 2006 meeting. If you find the document to be in order, please arrange to have one copy duly signed, notarized and returned to me as soon as possible, along with evidence of the authority of the individual(s) who will execute the documents on behalf of the City— -�Cp�� of Huntington Beach. A fully executed copy will be returned to you. Please be advised that we are in receipt of one original copy of the lease document executed on July 18, 2006, by Robert F. Beardsley, Director of Public Works, City of Huntington Beach. A copy of that signed document is enclosed. However, as / only one of the two original documents sent to the City for execution was returned to us, ✓ we would appreciate the execution of the second original document. Please return it to my attention. Additionally, please provide a current Certificate of Insurance in the amount of no / less than $1,000,000. The following assurances need to be on or attached to the Certificate of Insurance: That the State of California, its officers, agents, employees and servants are included as additional insured; but only insofar as the operations under the lease are concerned. 2. That the insurer will not cancel the insured's coverage without 30 days written notice to the State. B. Janusz, Transportation Div. 0 Public Works — City of Huntington Beach Page 2 • W26097/ RA 21505 3. That the policy specifically identifies the lease by its assigned number, W 26097. 4. That the State will not be responsible for any premiums or other assessments on the policy. 5. That the insurance coverage provided by the insured (Lessee) is primary and non-contributing. If you have questions regarding the terms and conditions of the terms of this lease, please contact me immediately at (916) 574-1879. Sincerely, Susan M. Youn Public Land M gement Specialist Enclosures