HomeMy WebLinkAboutCalifornia State Lands Commission - 2015-06-15STATE OF CALIFORNIA EDMUND G BROWN JR , Governor
CALIFORNIA STATE LANDS COMMISSION
100 Howe Avenue, Suite 100-South
Sacramento, CA 95825-8202
Joan L Flynn
City Clerk
2000 Main Street
Huntington Beach, CA 92648
JENNIFER LUCCHESI, Executive Officer
(916) 574-1800 FAX (916) 574-1810
California Relay Service From TDD Phone 1-800-735-2929
from Voice Phone 1-800-735-2922
Contact Phone. (916) 574-0732
Contact FAX. (916) 574-1835
File Ref W 26799/PRC 9211 9
Subject General Lease — Public Agency Use
Dear Ms Flynn
Enclosed is your fully executed lease, PRC 9211 9, for the construction of a
14-inch diameter water pipeline located in the main channel of Huntington Harbour,
near the city of Huntington Beach, Orange County
In reference to Section 2, Paragraph 6, of the Lease, Lessee shall submit the
final engineering drawings and other material requested fourteen days prior to the start
of the construction
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,
4V1 �
Cheryl Hudson
Public Land Management Specialist
Enclosure
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
A P N 178-023-04,13 & 15
County Orange
LEASE NO. PRC 9211.9
SPACE ABOVE THIS LINE FOR RECORDERS USE
This Lease consists of this summary and the following attached and incorporated parts.
Section 1 Basic Provisions
Section 2 Special Provisions Amending or Supplementing Section 1 or 3
Section 3 General Provisions
Exhibit A Land Description
Exhibit B Site and Location Map
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 City of Huntington Beach, Public Works Department, hereinafter referred to as
Lessee, those certain lands described in Exhibit A hereinafter referred to as Lease Premises, subject to
the reservations, terms, covenants, and conditions of this Lease.
MAILING ADDRESS: 2000 Main Street
Huntington Beach, CA 92648
LEASE TYPE: General Lease — Public Agency Use
LAND TYPE: Sovereign Lands
LOCATION: Main Channel of Huntington Harbour between Typhoon
Lane and Grimaud Lane, city of Huntington Beach, Orange
County as described in Exhibit A and shown in
Exhibit B (for reference purposes only) attached and by this
reference made a part hereof.
LAND USE OR PURPOSE: Construction, use, and maintenance, of a 14-inch diameter
water pipeline.
TERM: 25 years; beginning April 23, 2015; ending
April 22, 2040, unless sooner terminated as provided under
this Lease.
CONSIDERATION: The public use and benefit, subject to modification by
Lessor as specified in Paragraph 3 (e) of Section 3 - General
Provisions.
AUTHORIZED IMPROVEMENTS: A 14-inch diameter water pipeline.
EXISTING:
X TO BE CONSTRUCTED; CONSTRUCTION MAY BEGIN BY: September 1, 2015
AND BE COMPLETED BY: August 30, 2017
LIABILITY INSURANCE: N/A
SURETY BOND OR OTHER SECURITY: N/A
SECTION 2
SPECIAL PROVISIONS
BEFORE THE EXECUTION OF THIS LEASE, ITS PROVISIONS ARE AMENDED,
REVISED, OR SUPPLEMENTED AS FOLLOWS:
1. No activities are authorized and no facilities or improvements shall be constructed on the Lease
Premises until Lessee provides copies to Lessor's staff, of all necessary permits from the U.S
Army Corps of Engineers, California Coastal Commission, city of Huntington Beach, and a copy
of CWA 401 Water Quality Certifications from the Santa Ana Regional Water Quality Control
Board.
2. Lessee agrees to be bound by and fully carry out, implement, and comply with all mitigation
measures and reporting obligations identified as Lessee's or Applicant's responsibility as set forth
in the Mitigation Monitoring Program (MMP), attached hereto as Exhibit C, and by reference
made a part of this Lease, or as modified by Lessor as permitted by law.
3. At all times while construction activities are taking place, Lessee shall install warning signs at the
construction sites, in order to provide notice to the public that construction activities are taking
place and to exercise caution.
4 Any equipment to be used on the Lease Premises is limited to that which is directly required to
perform the authorized use. Lessee shall restore any portion of the lease premises damaged by the
use of said equipment.
No refueling, repair, or maintenance of vehicles or equipment will take place on the Lease
Premises.
6. Fourteen days prior to start of construction Lessee shall submit the following.
a. A set of final engineering drawings as issued for construction, certified by a California
registered Civil/Structural Engineer
b. Copies of all of the contractor's submittal of the project specifications. Also, include
design details of any temporary structures to be constructed and removed, certified by a
California registered Civil/Structural Engineer.
7 A construction schedule time line chart showing all significant work activities during the course of
the project.
8. Fourteen days prior to commencement of construction activities on the Lease Premises, Lessee
shall provide a copy of the construction contractor's work execution plan that provides the details
of the manpower, equipment, construction methods and procedures to be employed for each
significant activity, safety procedure, etc. Additionally, Lessee shall provide Lessor with a
construction schedule time line chart showing all significant work activities that will take place
during the course of the project.
9. Prior to the start of construction on the Lease Premises, Lessee shall provide a copy of the
contractor's Hazardous Spill Contingency Plan (Plan), with specific designation of the onsite
person who will have responsibility for implementing the Plan. This plan will include discussion
of various major and minor spill scenarios, spill clean- up materials and equipment available
onsite, a spill notification protocol and procedures, and a list of various agencies and their
notification numbers In the event of a spill or discharge during construction that impacts State
water, notification is to be made as soon as possible to the State Office of Emergency Services at
(800) 852-7550 and to the Lessor's 24-hour emergency response number at (562) 590-5201 All
other spills shall be reported as specified in the Plan
10. Construction Improvements
a. Lessee shall provide a 15-day advance notice to Lessor prior to commencement of
construction of the authorized improvements.
b. All construction activities shall be carried out in accordance with all applicable safety
regulation, permits, and conditions of all other agencies.
11. Within 90 days of completion of the work, Lessee shall provide to Lessor the Following -
a. A set of "As -Built" drawings certified by a California registered Civil Engineer, showing
the final plan and profiles of the pipelines in the lease area, and all changes or other
modifications to the plans as originally approved for construction
b A post construction written report confirming completion in accordance with the approved
plans, describing any field changes with the justification, and accidents or spills affecting
the waterway and corrective measures taken, and any other extraordinary conditions that
occurred during the course of the project. The report is to include copies of the quality
control test results performed in the main channel of Huntington Harbour including the
post construction pressure test and the certified weld inspector's reader sheets for the
pipeline welds which are to include those of all failed and repaired welds
12 Lessee agrees that a lease description shall be prepared and reviewed upon receipt of the "As
Built" drawings, and the lease shall be amended in order to authorize the final lease area
description
13. Lessee shall provide, within 30 days after the improvements authorized by this Lease are placed in
service, copies of all monitoring compliance reports for all activities associated with construction
and placement of pipeline.
14 All future repairs, structural modifications or abandonment/removal of the pipelines within the
Lease Premises shall require prior review and approval by Lessor In the event of an urgent repair
requiring immediate action, telephone contact can be made through Lessor's 24-hour emergency
response number (562) 590-5201
I, I
15. Lessee shall conduct external inspections of the lease facilities using high resolution side -scan
sonar when warranted by extraordinary circumstances such as an accident or a significant seismic
event unless the schedule is modified by mutual agreement among the parties hereto Copies of
the results of all external inspections including reports, analyses, and recommendations shall be
submitted promptly to Lessor at no cost.
16. Lessee shall conduct internal inspection of the lease facilities, and the integrity assessment of the
facilities by a California registered Civil/Structural Engineer when warranted by extraordinary
circumstances such as an accident of a significant seismic event unless the schedule is modified by
mutual agreement among the parties hereto. Copies of the results of all internal inspections
including integrity assessments reports, analysis, and recommendations shall be submitted
promptly to Lessor at no cost
In the event of any conflict between the provisions of Section 2 and Section 3 of this Lease, the
provisions of Section 2 shall prevail.
SECTION 3
GENERAL PROVISIONS
1 GENERAL
In the case of any conflict between these General Provisions and Special Provisions found in Section 2, the Special Provisions control
2 DEFINITIONS
For the purposes of this Lease, the following terms shall be defined as stated below
"Additions" shall be defined as any use or Improvements other than those expressly authorized in this Lease.
"Alterations" shall be defined as any material change in the size, scope, density, type, nature, or intensity of Improvements on the Lease
Premises from what is authorized in this Lease. Alterations shall also include any modifications, alterations, or renovations of the land
or waterways on the Lease Premises other than those authorized by this Lease
"Breach" shall be defined as a party's unjustified or unexcused nonperformance of a contractual duty the party is required to
immediately perform
"Damages" shall include all liabilities, demands, claims, actions or causes of action whether regulatory, legislative orjudicial in nature,
all assessments, levies, losses, fines, penalties, damages, costs and expenses, including, without limitation (i) reasonable attorneys',
accountants', investigators', and experts' fees and expenses sustained or incurred in connection with the defense or investigation of any
such liability, and (h) costs and expenses incurred to bring the Lease Premises into compliance with Environmental Laws, a court order,
or applicable provisions of a Regulatory Agency The term "Damages" also includes, expressly, those Damages that arise as a result of
strict liability, whether arising under Environmental Laws or otherwise
"Default" shall be defined as a material Breach of magnitude sufficient to justify termination of the Lease.
`Environmental Law" shall be defined as and include all federal, state, and local environmental, health, and safety laws, statutes,
ordinances, regulations, rules, judgments, orders, and notice requirements, which were in effect as of the date of execution of this Lease
or are subsequently enacted and lawfully applied hereto, which regulate or relate to (a) the protection or clean-up of the environment,
(b) the use, treatment, storage, transportation, handling or disposal of hazardous, toxic or otherwise dangerous substances, wastes or
materials; (c) the quality of the air and the discharge of airborne wastes, gases, particles, or other emissions, (d) the preservation or
protection of waterways, groundwater, or drinkmg water, (e) the health and safety of persons or property, or (f) impose liability with
respect to any of the foregoing, including without limitation, the California Environmental Quality Act (CEQA) [PRC §§ 21000 et
seq ], the Comprehensive Environmental Response, Compensation and Liability Act of 1980 (CERCLA) [42 USCS §§ 9601 et seq.],
the Resource Conservation and Recovery Act of 1976 (RCRA) [42 USCS §§ 6901 et seq.], the Clean Water Act, also known as the
Federal Water Pollution Control Act (FWPCA) [33 USCS §§ 1251 et seq ]; the Toxic Substances Control Act (TSCA) [15 USCS §§
2601 et seq ]; the Hazardous Materials Transportation Act (HMTA) [49 USCS §§ 1801 et seq.], the Insecticide, Fungicide, Rodenticide
Act [7 USCS §§ 136 et seq ], the Superfund Amendments and Reauthorization Act 142 USCS §§ 6901 et seq.], the Clean Air Act [42
USCS §§ 7401 et seq ]; the Safe Drinking Water Act 142 USCS §§ 300f et seq.], the Solid Waste Disposal Act [42 USCS §§ 6901 et
seq ], the Surface Mining Control and Reclamation Act [30 USCS §§ 1201 et seq ], the Emergency Planning and Community Right to
Know Act [42 USCS §§ 11001 et seq.]; the Occupational Safety and Health Act [29 USCS §§ 655 and 657]; the California
Underground Storage of Hazardous Substances Act [H & S C §§ 25280 et seq ], the California Hazardous Substances Account Act [H
& S C §§ 25300 et seq ], the California Hazardous Waste Control Act [H & S C §§ 25100 et seq ]; the California Safe Drinking Water
and Toxic Enforcement Act [H & S C §§ 24249 5 et seq ], the Porter -Cologne Water Quality Act [Water C §§ 13000 et seq ] together
with any amendments of or regulations promulgated under the statutes cited above
"Hazardous Material" shall be defined as and include any substance which falls within the definition of hazardous substance, hazardous
waste, hazardous material, toxic substance, solid waste, pollutant, or contaminant, under any Environmental Law
"Improvements" shall be defined as any modification, alteration, addition, or removal of any material, and any other action which
serves to change the condition of the Lease Premises from the natural state whether situated above, on, or under the Lease Premises
Improvements include, but are not limited to buildings, structures, facilities, decks, docks, wharves, piers, walks, curbs, bridges, buoys,
landscaping, roadways, shorelme protective structures of all types, foundations, pilings or similar support structures whether above or
below the water line, fences, utilities, pipelines, and any other construction of any type situated on the Lease Premises
"Lease" shall be defined as this lease contract together with all amendments and exhibits.
"Lease Premises" shall be defined as the area of land, together with any improvements located thereon, the use and occupancy of which
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is authorized by this Lease
"Lessor" shall be defined as the state of California, acting by and through the California State Lands Commission, including the
Commissioners, their alternates and designates, the Executive Officer, and the staff of the California State Lands Commission
"Regulatory Agency" shall include any Federal, State, County, Municipal, or Local agency having jurisdiction over the Lease Premises
"Repairs" shall be defined as all work of any kind made to maintain, change, restore, strengthen, replace, alter, or otherwise affect any
Improvement on the Lease Premises.
"Residence" shall be defined as any Improvement, whether permanent, movable, or temporary, or a portion thereof, which is for the
time being a home or place of lodging A Residence includes any Improvement affixed to the land such as trailers or cabins, built on a
raised foundation such as stilts or pilings, and floating residences such as boats, barges, arks, and houseboats, and any combination of
such Improvements which provide residential accommodations to the Lessee or others "Residence" shall not include transitory,
intermittent, recreational use of facilities such as campgrounds
"Residential Use" shall be defined as Improvements such as, but not limited to, sundecks, and sunrooms which are extensions of, or
additions to, the upland property and are not water -dependent uses Although the various uses or Improvements which may fall under
this definition may vary by geographic area, lease type, or other factors, it is the intention of the parties to include in this definition all
uses and Improvements which are not water -dependent but residential in nature, or those uses and Improvements which are not
consistent with common law public trust principles and values
3 CONSIDERATION
(a) Absolute Triple Net Lease
This Lease is an absolute triple net lease, pursuant to which Lessor has no obligation with respect to the payment of
taxes, insurance, the cost of maintenance, utilities and repairs or other costs or obligations associated with the Leased
Premises, except as expressly stated herein.
(b) Rent
Lessee agrees to pay Lessor rent as stated in this Lease, in annual installments, for the use and occupancy of the Lease
Premises The first installment shall be due on or before the beginning date of this Lease and all subsequent installments shall be
due on or before each anniversary of its beginning date during each year of the Lease term, or as otherwise provided in this Lease
Said sums shall be paid in lawful money of the United States of America Lessee shall send said rent to the mailing address of
Lessor. Timeliness of receipt of rernittances sent by mail shall be governed by the postmark date as stated in Government Code
Section 11002 Invoices for rent due may be provided by Lessor as a courtesy. Lessor's failure to, or delinquency in, providing
invoices shall neither excuse Lessee from paying rent, nor extend the time for paying rent
(c) Modification
Lessor may modify the method, amount, or rate of consideration effective on each fifth anniversary of the beginning date of this
Lease. Should Lessor fail to exercise such right effective on any fifth anniversary it may do so effective on any one (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 of the beginning date No such modification shall become effective unless Lessee is given at least thirty
(30) days' notice prior to the date of the Commission meeting wherein the rent modification is considered, or thirty (30) days' notice
prior to the effective date of the increase, whichever provides a greater notice period.
If the consideration for this Lease is based on a percentage of income, royalties, profits, or any smular business performance
indicators, Lessee shall provide Lessor with financial statements and all other documents necessary to determine the relevant basis
for income.
(d) Penalty and Interest
Any installments of rent accruing under this Lease not paid when due shall be subject to a delinquency charge equal to five
percent (5%) of the principal sum due Annual payments shall bear interest as specified in Public Resources Code Section 6224
and the Lessor's then existing administrative regulations governing penalty and interest.
(e) Non -Monetary Consideration
If the consideration to Lessor for this Lease is the public use, benefit, health, or safety, Lessor shall have the right to review
such consideration at any time and set a monetary rental if the Lessor, at its sole discretion, determines that such action is in the
best interest of the State Lessee's assignment or transfer of this Lease pursuant to Section 3 Paragraph 11 below to any third party
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which results in royalties, profits, or any form of compensation, whether monetary or otherwise, shall give Lessor the right to
reevaluate the requirements of this Lease as stated in Section 3 Paragraph 11. Lessee shall be given at least thirty (30) days' notice
prior to the date of the Commission meeting wherein the rent modification is considered, or thirty (30) days' notice prior to the
effective date that this Lease is converted to a monetary rental, whichever provides more notice.
(f) Place for Payment of Rent
All rent that becomes due and payable under this Lease shall be paid to Lessor in person or by United States mail at the
Sacramento Offices of the California State Lands Commission, currently at 100 Howe Avenue, Suite 100-South, Sacramento, CA
95825-8202, or at any other place or places that Lessor may designate by written notice to Lessee Alternately, Lessee may contact
Lessor's accounting department for Lessor's current practices for payment by credit card or electronic fund transfer.
4 BOUNDARIES
This Lease is not intended to establish the State's boundaries and is made without prejudice to either party regarding any boundary
or title claims which may be asserted presently or in the future
5 LAND USE
(a) General
(1) Lessee shall use the Lease Premises only for the purpose or purposes stated in this Lease and only for the operation and
maintenance of the Improvements expressly authorized in this Lease Lessee shall commence use of the Lease Premises within
ninety (90) days of the beginning date of this Lease or within ninety (90) days of the date set for construction to commence as set
forth in this Lease, whichever is later
(2) All demolition, construction, remodeling, reconstruction, maintenance, repairs, removal, or remediation performed on the
Lease Premises at any time by Lessee shall first be authorized by all appropriate Regulatory Agencies. Lessee is solely
responsible for determining what approvals, authorizations, or certifications are required, and shall be solely responsible for all
costs incurred thereby. In addition, Lessee shall obtain and comply with preventative or remedial measures required by any
environmental reports, assessments, or inspections, including, but not limited to those required by the Cahforma
Environmental Quality Act and/or the National Environmental Policy Act, or as otherwise required by law or reasonably
requested by Lessor. Nothing in this Lease shall be interpreted as a pre -approval of any permit, certification, or any other
precondition required for the use of the Lease Premises.
(b) Continuous Use
Lessee's use of the Lease Premises shall be continuous from commencement of the Lease until its expiration Lessee's
discontinuance of such use for a period of ninety (90) days shall be presumed to be an abandonment unless Lessee demonstrates to
Lessor's satisfaction that Lessee's use of the Lease Premises is consistent with similarly situated properties. In the event of an
abandonment, Lessor may elect to terminate the Lease as provided in Paragraph 12(a)(3). Abandonment of the Lease Premises
shall not relieve Lessee of any obligations under this Lease.
(c) Repairs and Maintenance
(1) Lessor shall not be required to make any Repairs in, on, or about all or part of the Lease Premises Lessee shall, at all times
during the term of this Lease and without any cost or expense to Lessor, keep and maintain the Lease Premises, including all
Improvements, in good order and repair and in a clean, safe, sanitary, and orderly condition.
(2) Lessee shall make, or cause to be made, any Repairs which may be required by any Regulatory Agency. Lessee shall
observe and comply with, any law, statute, ordinance, plan, regulation, resolution, or policy applicable to the Lease Premises in
making such Repairs All work shall be performed with reasonable diligence, completed within a reasonable time, and
performed at the sole cost and expense of Lessee.
(3) Lessee expressly accepts the Lease Premises "as is" and expressly acknowledges that
(i) Lessor has made no representations or warranties as to the suitability of the Lease Premises for any Improvements.
Lessee shall conduct all tests necessary to determine the suitability of the Lease Premises for any proposed use or
Improvements authorized, and
(u) Lessor has made no representations or warranties as to the quality or value of any Improvements found on the Lease
Premises, or of their conformity to any applicable building codes, zoning ordinances, or other regulations Lessee agrees
to inspect any preexisting Improvements at its own cost to determine whether such Improvements are safe and suitable for
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the Lessee's intended use, and
(ni) Lessee shall neither be entitled to any reduction in rent, nor any extension of the terms of this Lease because of
damage to or destruction of any Improvements on the Lease Premises
(iv) Lessee and Lessor agree that any Improvements on the Lease Premises constitute the personal property of Lessee and
that fixture law does not apply
(4) In the event that the Lease Premises is partly, or in whole, comprised of tidal, submerged, or waterfront property, Lessee
expressly accepts the hazards involved in using or improving such lands Lessor is not responsible for, and Lessee shall not be
reimbursed for nor receive any offset of rent for, any damages or reduced use of the Lease Premises caused by local or
invasive flora or fauna, flooding, erosion, sea level rise, storms, freezing, inclement weather of any kind, acts of god,
maintenance or failure of protective structures, and any other such hazards.
(d) Additions, Alterations, and Removal
No Improvements other than those expressly authorized in this Lease shall be constructed by the Lessee on the Lease Premises
without the prior written consent of Lessor. Any Additions or Alterations are expressly prohibited. Lessee is also prohibited from
any Additions or Alterations which cause a material change to the environmental impact on or around the Lease Premises
(e) Enjoyment
This Lease is non-exclusive, and is subject to the provisions of Section 3, Paragraph 6 below Lessee shall have the right to
exclude persons from the Lease Premises only when their presence or activity constitutes a material interference with Lessee's use
and enjoyment of the Lease Premises.
(f) Discrimination
Lessee, in its use of the Lease Premises, shall not discriminate against any person or class of persons on any basis protected
by federal, state, or local law, including- race, color, creed, religion, national ongin, sex, sexual orientation, gender identity, age,
marital/parental status, veteran status, or disability.
(g) Residential Use
Unless otherwise provided for in this Lease, no portion of the Lease Premises shall be used as a location for a Residence,
for the purpose of mooring or maintaining a structure which is used as a Residence, or for Residential Uses
(h) Commercial Use
Unless otherwise provided for in this Lease, the Lease Premises is to be used by Lessee and Lessee's mvitees or guests
only Use of the Lease Premises for commercial purposes, conducting a business, whether for profit or otherwise; and any
subleasing, rental, or any transaction whereby Lessee directly or indirectly receives compensation from a third party in
exchange for use of the Lease Premises shall constitute an immediate Default of this lease with no cure period.
RESERVATIONS, ENCUMBRANCES, AND RIGHTS -OF -WAY
(a) Reservations
(1) Lessor expressly reserves all natural resources in or on the Lease Premises, including but not limited to timber, minerals,
and geothermal resources as defined under Public Resources Code sections 6401, 6407, and 6903, respectively, the right to
grant and transfer the same, as well as the right to grant leases in and over the Lease Premises which may be necessary or
convenient for the extraction of such natural resources Such leasing shall be neither inconsistent nor mcompatible with the
rights or privileges of Lessee under this Lease
(2) Lessor expressly reserves a right to go on the Lease Premises and all Improvements for any purposes associated with this
Lease or for carrying out any function required by law, or the rules, regulations, or management policies of the State Lands
Commission Lessor shall have a right of reasonable access to the Lease Premises across Lessee owned or occupied lands
adjacent to the Lease Premises for any purpose associated with this Lease
(3) Lessor expressly reserves to the public an easement for convenient access across the Lease 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 mcompatible with the rights
or privileges of Lessee under this Lease
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(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 mcompatible with the rights or privileges of Lessee under this Lease
(b) Encumbrances
The Lease Premises may be subject to pre-existing contracts, leases, licenses, easements, encumbrances, and claims and is
made without warranty by Lessor of title, condition, or fitness of the land for the stated or intended purpose
RULES, REGULATIONS, AND TAXES
(a) Lessee shall comply with and be bound by all presently existing or subsequently enacted rules, regulations, statutes or
ordinances of the State Lands Commission or any Regulatory Agency. Occupancy or use of the Lease Premises provides no
exemption from applicable regulations including, but not limited to, federal, state, county and local regulations, regulations
promoting public health, safety, or welfare, building codes, zoning ordinances, and sanitation regulations Lessee expressly
acknowledges that Regulatory Agencies have jurisdiction over the Lease Premises unless such laws are in direct conflict with state
law or public trust principles
(b) Lessee understands and agrees that a necessary condition for the granting and continued existence of this Lease is that Lessee
obtains and maintains all permits or other entitlements Lessee expressly acknowledges that issuance of this Lease does not
substitute for, or provide preference in obtaining authorizations from other Regulatory Agencies.
(c) Taxes
(1) In addition to the rent due under this Lease, Lessee accepts responsibility for and shall pay any and all real and personal
property taxes, including possessory interest taxes, assessments, special assessments, user fees, service charges, and other
charges of any description levied, imposed on, assessed, or associated with the leasehold interest, Improvements on the Lease
Premises, any business or activity occurring on the Lease Premises, the Lease Premises itself, or any portion thereof; levied by
any governmental agency or entity. Such payment shall not reduce rent due Lessor under this Lease and Lessor shall have no
liability for such payment
(2) In the event that this Lease commences, terminates or expires during a tax year, Lessee shall pay the taxes for the period of
such year during which this Lease was in effect
(3) Any and all taxes and assessments and installments of taxes and assessments required to be paid by Lessee under this Lease
shall be paid when due and the official and original receipt for the payment of such tax, assessment, or installment shall be
delivered to Lessor upon request
(4) Lessee shall indemnify and hold Lessor, the Lease Premises, and any Improvements now or hereafter located thereon, free
and harmless from any liability, loss, or Damages resulting from any taxes, assessments, or other charges required by this
Lease to be paid by Lessee and from all interest, penalties, and other sums unposed thereon and from any sales or other
proceedings to enforce collection of any such taxes, assessments, or other charges
8 INDEMNITY
(a) Lessee's use of the Lease Premises and any Improvements thereon is at Lessee's sole and exclusive risk.
(b) In addition to any other obligation to indemnify Lessor as otherwise provided in this Lease, except to the extent caused by the
sole negligence and/or willful misconduct of the Lessor, Lessee shall indemnify, hold harmless, and, at the option of Lessor, defend
Lessor, its officers, agents, and employees from any and all Damages resulting from Lessee's occupation and use of the Lease
Premises Lessee shall reimburse Lessor in full for all reasonable costs and attorneys' fees, specifically including, without
limitation, any Damages arising by reason of (1) The issuance, enjoyment, interpretation, Breach, or Default of this Lease, (2) The
challenge to or defense of any environmental review upon which the issuance of this Lease is based, (3) The death or injury of any
person, of damage to or destruction of any property from any cause whatever in any way connected with the Lease Premises, or
with any of the Improvements or personal property on the Lease Premises; (4) The condition of the Lease Premises, or
Improvements on the Lease Premises; (5) An act or omission on the Lease Premises by Lessee or any person in, on, or about the
Lease Premises; (6) Any work performed on the Lease Premises or material furnished to the Lease Premises; (7) Lessee's failure to
comply with any material legal or other requirement validly imposed on Lessee or the Lease Premises by a Regulatory Agency
(c) The reimbursement provisions of this Paragraph 8 shall not apply to any claims, litigation, or other actions which may be
brought by either Lessee or Lessor against each other.
(d) Nothing in this paragraph shall be construed as requiring that Lessor defend itself against all or any aspect of any challenge to
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this Lease or any associated environmental review However, Lessee may take whatever legal action is available to it to defend
this Lease or any associated environmental review against any challenge by a third party, whether or not Lessor chooses to raise a
defense against such a challenge
(e) Lessee shall notify Lessor immediately m case of any accident, injury, or casualty on the Lease Premises
9 INSURANCE
(a) Lessee shall obtain and maintam 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 against any and all claims or liability arising out of the ownership, use, occupancy,
condition, or maintenance of the Lease Premises and all Improvements
(b) The insurance policy shall identify the Lease by its assigned number The specific Improvements shall also be generally
identified, as well as their location on state owned property The coverage provided shall be primary and non-contributing Lessee
shall keep such policy current Lessor shall be named as a "certificate holder" and/or an "additional interest" on the policy Lessee
shall provide Lessor with a current certificate of insurance at all times At Lessor's request, 'Lessee shall provide a full copy of the
current insurance policy, along with any and all endorsements or other such documents affecting the coverage Lessor will not be
responsible for any premiums or other assessments on the policy
(c) The insurance coverage specified m this Lease shall be in effect at all tunes during the Lease term and subsequently until Lessor
has either accepted all of the Lease Premises as improved or restored by Lessee as provided elsewhere m this Lease. Lessee shall
notify Lessor within five (5) business days if the insurance is canceled for any reason
10 SURETY BOND
(a) When required by Section 1 of this Lease, Lessee shall provide a surety bond or other security device acceptable to Lessor, for the
specified amount, and naming the State of California, California State Lands Commission as the assured, to guarantee to 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, any modification of consideration, or to provide for inflation or other increased need for security The surety bond or
other security device may be increased on each fifth anniversary of the beginning date of this Lease Should Lessor fail to exercise
such right effective on any fifth anniversary, it may do so effective on any one (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 date of the Commission meeting
wherem the modification of the bond or security is considered, or thirty (30) days' notice prior to the effective date of the increase,
whichever provides more notice
(c) The surety bond or other security device shall be maintained m full force and effect at all tunes during the Lease term and
subsequently until Lessor has either accepted all of the Lease Premises as unproved or restored by Lessee as provided elsewhere in
this Lease. Lessee must first seek approval of Lessor before changing the type of security device used, or the bond holder
11 ASSIGNMENT, ENCUM[BRANCING 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 m part, or allow any person other than the Lessee's employees, agents, servants
and invitees to occupy or use all or any portion of the Lease Premises without the prior written consent of Lessor, which consent
shall not be unreasonably withheld
(1) Notwithstanding the foregoing prohibition against transfer and assignment, the Lease may be transferred by Lessee if the
transfer is caused by the death of a spouse and the full interest of the deceased spouse is transferred to a surviving spouse, or the
transfer is caused by the dissolution of the marriage of Lessee and the full interest of one of the spouses is transferred to the
other spouse In the event of such a transfer, Lessor shall be notified m writing within 30 days of the transfer.
(2) Notice to Lessor of Successor Trustee(s) In the event this Lease is held m trust, and the Lessee is a trustee thereof, the
substitution or succession of a new trustee shall not be an assignment or transfer for the purposes of this Paragraph. Lessee (and
by operation of law, any successor trustee) agrees to provide prompt notice to Lessor of any succession or substitution of trustee
in accordance with Paragraph 16(c) of General Provisions, no later than sixty (60) days after the named trustee as appears on the
face of this Lease becomes unable or ceases to serve as trustee for any reason
(b) The following shall be deemed to be an assignment or transfer wrthm the meaning of this Lease.
Form51.16 (Rev. 10/14)
Page 6 of 12
0
(1) If Lessee is a business entity, any dissolution, merger, consolidation or other reorganization of Lessee, or the sale or other
transfer of substantially all the assets of Lessee If Lessee is a publicly traded entity, transfers of interests in Lessee shall not
constitute an assignment requiring the consent of Lessor
(2) If Lessee is a partnership, a transfer of any interest of a general partner, a withdrawal of any general partner from the
partnership, or the dissolution of the partnership
(c) If this Lease is for sovereign lands appurtenant to adjoining littoral or riparian land, Lessee shall not transfer or assign its
ownership interest or use rights in such adjoining lands separately from the leasehold rights granted herein without the prior written
consent of Lessor
(d) If Lessee desires to assign, sublet, encumber or otherwise transfer all or any portion of the Lease Premises, Lessee shall do all
of the following,
(1) Give not less than 90 days' prior written notice to Lessor;
(2) Provide the name, complete business organization, operational structure, and formation documents of the proposed
assignee, sublessee, secured third party, or other transferee, and the nature of the use of and interest in the Lease Premises
proposed by the assignee, sublessee, secured third party or other transferee
(3) Provide the terms and conditions of the proposed assignment, sublease, or encumbrance or other transfer;
(4) Provide audited financial statements for the two most recently completed fiscal years of the proposed assignee, sublessee,
secured party or other transferee, and provide pro forma financial statements showing the projected mcome, expense and
financial condition resulting from use of the Lease Premises, and
(5) Provide such additional or supplemental mformation as Lessor may reasonably request concerning the proposed assignee,
sublessee, secured party or other transferee
(6) Lessor will evaluate proposed assignees, sublessees, secured third parties and other transferees and grant approval or
disapproval according to standards of commercial reasonableness considering the following factors within the context of the
proposed use- the proposed parry's financial strength and reliability, their business experience and expertise, their personal and
business reputation, their managerial and operational skills, their proposed use and projected rental, as well as other relevant
factors
(e) Lessor shall have a reasonable period of time from the receipt of all documents and other information required under this
provision to grant or deny its approval of the proposed party Lessor may reevaluate the rent, insurance and/or bond provisions of
tlus Lease, and may condition its approval of the proposed assignment, sublease, hypothecation, mortgage, or other transfer on the
party's acceptance of the new terms Lessee's rights stated in this paragraph shall apply regardless of whether the proposed
transfer coincides with a regular rent review period as stated in Section 3 Paragraph 3(c) above.
(f) Lessee's mortgage or hypothecation of this Lease, if approved by Lessor, shall be subject to terms and conditions imposed by a
separately negotiated encumbrancing agreement
(g) Upon the express written assumption of all obligations and duties under this Lease by an assignee approved by Lessor, the
Lessee may be released from all liability under this Lease arising after the effective date of assignment and not associated with
Lessee's use, possession or occupation of or activities on the Lease Premises, except as to any hazardous wastes, substances or
materials as defined under federal, state or local law, regulation, or ordinance manufactured, generated, used, placed, disposed,
stored or transported on the Lease Premises during Lessee's tenancy
(h) If the Lessee files a petition or an order for relief is entered against Lessee, under Chapters 7, 9, 11 or 13 of the Bankruptcy Code
(I I USC Sect 101, et seq.) then the trustee or debtor-m-possession must elect to assume or reject this Lease within sixty (60) days
after filing of the petition or appointment of the trustee, or the Lease shall be deemed to have been rejected, and Lessor shall be
entitled to immediate possession of the Lease Premises No assumption or assignment of this Lease shall be effective unless it is in
writing and unless the trustee or debtor -in -possession has cured all Defaults under this Lease (monetary and non -monetary) or has
provided Lessor with adequate assurances (1) that within ten (10) days from the date of such assumption or assignment, all
monetary Defaults under this Lease will be cured, and (2) that within thirty (30) days from the date of such assumption, all non -
monetary Defaults under this Lease will be cured, and (3) that all provisions of this Lease will be satisfactorily performed in the
future
Form51.16 (Rev 10/14)
Page 7 of 12
(i) In the event of any transfer or assignment, under this Paragraph 11 or by any other means authorized by this Lease, the Lease
terms shall be for the remaining years existing on the Lease prior to the transfer or assignment A transfer or assignment shall not
extend the term of this Lease.
12 DEFAULT AND REMEDIES
(a) Default
The occurrence of any one or more of the following events shall immediately and without further notice constitute a Default
of this Lease
(1) Lessee's failure to make any payment of rent, royalty, or other consideration as required under this Lease, or
(2) Lessee's failure to obtain or maintain liability insurance or a surety bond or other security device as required under this
Lease, or
(3) Lessee's abandonment of the Lease Premises (including the covenant for continuous use as provided for in Paragraph 5(b))
during the Lease term, or
(4) Lessee's failure to obtain and maintain all necessary governmental permits or other entitlements; or
(5) The maintenance of the Lease Premises in violation of, or failure to comply with, any applicable provisions of any
Regulatory Agency, Environmental Law, or maintenance of the Lease Premises in a condition constituting nuisance, or
(6) Lessee's Failure to commence to construct and to complete construction of the Improvements authorized by this Lease
within the time limits specified in this Lease.
(7) Lessee is found to sublet or otherwise surrender daily management and control of the Lease Premises to a third party
without the Imowledge, expressed written consent or authorization of the Lessor
(b) Lessee's failure to observe or perform any other term, covenant, or condition of this Lease when such failure shall continue for
a period of thirty (30) days after Lessor's giving written notice shall constitute a Default of this lease However, if the nature of
Lessee's Default under this paragraph is such that more than thirty (30) days are reasonably required for its cure, then Lessee shall
not be deemed to be in Default if Lessee commences such cure within such thirty (30) day period and diligently proceeds with such
cure to completion
(c) Should Lessee Breach any term, covenant, or condition of this Lease under Paragraph 12(b) above three (3) tunes in any three
hundred and sixty-five (365) day period, the third Breach will be a Default under this Lease and Lessor will be entitled to
immediately terminate this Lease, and take other appropriate action. Lessor will provide written notice of each Breach as provided
above, and provide written notice that future Breaches will constitute immediate Default with no cure period.
(d) Remedies
In the event of a Default by Lessee and Lessee's failure to cure such Default if such a cure period is applicable, Lessor may
at any time and with or without notice do any one or more of the following in addition to any rights or remedies permitted by
law
(1) Re-enter the Lease Premises, remove all persons and property, and repossess and enjoy such premises, or
(2) Terminate this Lease and Lessee's right of possession of the Lease Premises by any lawful means The termination shall
not relieve Lessee of any obligation, monetary or otherwise, which has accrued prior to the date of termination Such
termination shall be effective upon Lessor's giving written notice and upon Lessee's receipt of such notice. Lessee shall
immediately surrender possession of the Lease Premises to Lessor. Lessor shall be entitled to recover from Lessee all
amounts to which Lessor is entitled pursuant to Section 1951.2 of the California Civil Code, or any other provision of law,
including any necessary Repair, renovation, alteration, remediation, or removal of Improvements; or
(3) Maintain this Lease in full force and effect and recover any rent, royalty, or other consideration as it becomes due without
terminating Lessee's right of possession regardless of whether Lessee shall have abandoned the Lease Premises, subject to the
conditions imposed by Cal Civil Code § 1951.2, or
Form51 16 (Rev 10/14)
Page 8 of 12
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(4) Exercise any other right or remedy which Lessor may have at law or equity
(e) Determination of Rental Value
If rent under this Lease is calculated as a percentage of Lessee's income attributable to the Lease Premises and Lessee
abandons the Lease Premises during some or all of the applicable period, then the reasonable rental value shall be the
percentage of proceeds Lessor would have received had Lessee operated the Lease Premises in the usual and customary
manner
(f) Waiver of Rights
The failure or delay of either party to exercise any right or remedy shall not be construed as a waiver of such right or
remedy or any Breach by the other party Lessor's acceptance of any rent shall not be considered a waiver of any preexisting
Breach by Lessee other than the failure to pay the particular rent accepted regardless of Lessor's knowledge of the preexisting
Breach at the tune rent is accepted
13 RESTORATION OF LEASE PREMISES AND ENVIRONMENTAL MATTERS
(a) Restoration of Lease Premises
(1) Upon expiration or sooner termination of this Lease, Lessee must immediately surrender possession of the Lease
Premises to Lessor Prior to the time of surrender, Lessee must remove all or any Improvements together with the debns and
all parts of any such Improvements at its sole expense and risk, regardless of whether Lessee actually constructed or placed
the Improvements on the Lease Premises, or Lessor, at its sole and absolute discretion, may itself remove or have removed
all or any portion of such Improvements at Lessee's sole expense Lessor may waive all or any part of this obligation in its
sole discretion if doing so is in the best interests of the State
(2) As a separate and related obligation, Lessee shall restore the Lease Premises as nearly as possible to the conditions
existing prior to the installation or construction of any Improvements For purposes of this Lease, restoration includes
removal of any landscaping, removal of any Hazardous Materials, and to the extent possible, undoing any grading, fill,
excavation, or similar alterations of the natural features of the Lease Premises Lessor may waive all or any part of this
obligation in its sole and absolute discretion
(3) Unless otherwise provided for in this Lease, Lessee shall submit to Lessor no later than one (1) year prior to the expiration
of this Lease either: (a) an application and minimum expense deposit for a new lease for the continued use of the Lease
Premises, or (b) a plan for the restoration of the Lease Premises to be completed prior to the expiration of the lease term
together with a timehne for obtaining all necessary permits and conducting the work prior to the expiration of this Lease
(4) In removing any or all Improvements, or conducting any restoration work, Lessee shall be required to obtain any permits
or other governmental approvals as may then be required by any Regulatory Agency, including, without limitation, any
Environmental Law
(5) Lessor may, upon written notice, in its sole and absolute discretion, accept title to any or all Improvements at the
termination of this Lease. Lessor shall notify Lessee that Lessor intends to take title to any or all Improvements within six
(6) months of Lessee submitting a plan for restoration under Paragraph 13(a)(3)(b) above If Lessor elects to take title to
any such Improvements, Lessee shall deliver to Lessor such documentation as may be necessary to convey title to such
Improvements to Lessor free and clear of any liens, mortgages, loans, or any other encumbrances Lessor shall not pay, and
Lessee shall not be entitled to compensation for Lessor's taking title to such property
(b) Environmental Matters
(1) Lessee's Obligations
(i) Lessee will not use, occupy, or permit any portion of the Lease Premises to be used or occupied in violation of any
Environmental Law Lessee shall not manufacture or generate or store Hazardous Material on the Lease Premises unless
specifically authorized under other terms of this Lease.
(ii) Lessee shall practice conservation of water, energy, and other natural resources
(ili) Lessee shall notify Lessor and the appropriate governmental emergency response agency, or agencies immediately in
the event of any release or threatened release of any Hazardous Material.
(2) Lessor may at any time during the Lease term requn-e Lessee to conduct at its own expense and by a contractor approved
Form51 16 (Rev 10/14)
Page 9 of 12
by Lessor an independent environmental site assessment or inspection for the presence or suspected presence of Hazardous
Material generated, used, placed, disposed, stored, or transported on the Lease Premises during the term of the Lease Lessee
shall provide the results of the assessment or inspection to Lessor and the appropriate governmental response agency or
agencies and shall further be responsible for removing or taking other appropriate remedial action regarding such Hazardous
Material in accordance with applicable Environmental Law
(3) Environmental Indemnity
Lessee shall indemnify, defend, and hold Lessor and Lessor's, officer, appointees, volunteers, employees, agents,
successors and assigns free and harmless from and against all Damages that may at any time be imposed upon, incurred by, or
asserted or awarded against Lessor in connection with or arising from any Breach of Lessee's obligations hereunder, or out of
any violation by Lessee of any Environmental Law, or resulting in the imposition of any lien or claim for the recovery of any
costs for environmental cleanup or other response costs relating to the release or threatened release of Hazardous Materials on
the Lease Premises durmg the Lessee's tenancy This obligation shall include any prior leases between Lessor and Lessee and
will continue through any periods Lessee is in holdover, unlawful detamer, or any subsequent month -to -month tenancies
created by operation of law Lessee's obligations hereunder will survive the expiration or sooner termination of this Lease
(4) Violation of this section shall constitute grounds for termination of the Lease Lessor, shall notify Lessee when, in Lessor's
opinion, Lessee has violated the provisions of this section Lessee shall immediately discontinue the conduct and respond
within five (5) business days Lessee shall take all measures necessary to remedy the condition
14. QUITCLAIM
Lessee shall, upon the early termination of this Lease and at Lessor's request, execute and deliver to Lessor in a form provided by
Lessor a good and sufficient release of all rights under this Lease Should Lessee fail or refuse to deliver such a release, Lessor
may record a written notice reciting such failure or refusal. This written notice shall, from the date of its recordation, be
conclusive evidence against Lessee of the termmation of this Lease and all other claimants.
15. HOLDING -OVER
(a) This Lease shall terminate without further notice upon the expiration of the term of this Lease Lessee shall have removed
any Improvements and completed any restoration as required by Lessor prior to the expiration of this Lease, and shall surrender
possession of the Lease Premises Any failure by the Lessee to remove Improvements, restore the Lease Premises, and/or
surrender possession of the Lease Prerruses at the expiration or sooner termination of this Lease shall not constitute a renewal or
extension and shall not give Lessee any rights in or to the Lease Premises or any part thereof except as expressly provided in this
Lease Lessee shall be deemed in unlawful detamer of the Lease Premises and Lessor shall be entitled to all resulting legal
remedies.
(b) Lessor may, in its sole discretion, choose to accept Rent for the Lease Premises instead of immediately taking legal action to
recover possession of the Lease Premises. Any tenancy created by operation of law on Lessor's acceptance of rent shall be
deemed a month -to -month tenancy regardless of what sum or sums Lessee delivers to Lessor Except as set forth below, any
subsequent tenancy created in this manner shall be on the same terms, covenants, and conditions set forth in this Lease insofar as
such terms, covenants, and conditions can be applicable to a month -to -month tenancy
(c) In recognition of the increased accountmg, land management, and supervisory staff time required for month -to -month
tenancies, the rent for each month or any portion thereof during such holdover period may be an amount equal to one hundred fifty
percent (150%) of one -twelfth (1/12) of the total compensation for the most recent year paid. In the event this Lease does not
require monetary compensation, Lessor shall have the right to establish rent based on the fair market value of the Lease Premises
The month -to -month tenancy may be terminated by Lessee or Lessor upon thirty (30) calendar days' prior written notice to the
other.
16. ADDITIONAL PROVISIONS
(a) Waiver
(1) No term, covenant, or condition of this Lease and no omission, neglect, Default or Breach of any such term, covenant or
condition shall be deemed to have been waived by Lessor's acceptance of a late or nonconforming performance or otherwise,
unless such a waiver is expressly acknowledged by Lessor in writing. No delay or omission of Lessor to exercise any right or
power arising from any omission, neglect, Default or Breach of term, covenant, or condition of this Lease shall be construed
as a waiver or any acquiescence therein
(2) Any such waiver shall not be deemed to be a waiver of any other term, covenant or condition, of any successive Breaches
of the same term, covenant, or condition; or of any other Default or Breach of any term, covenant or condition of this Lease
Form51 16 (Rev. 10/14)
Page 10 of 12
(b) Time
Time is of the essence for this Lease and each and all of its terms, covenants or conditions in which performance is a factor
(c) Notice
All notices required to be given under this Lease shall be given in writing, sent by U S Mail with postage prepaid, to Lessor at
the offices of the State Lands Commission and the Lessee at the address specified in this Lease Lessee shall give Lessor notice of
any change in its name or address
(d) Consent
Where Lessor's consent is required under this Lease its consent for one transaction or event shall not be deemed to be a consent
to any subsequent occurrence of the same or any other transaction or event.
(e) Changes
This Lease may be terminated and its term, covenants, and conditions amended, revised, or supplemented only by mutual
written agreement of the parties
(f) Successors
The terms, covenants, and conditions of this Lease shall extend to and be binding upon and mure to the benefit of the heirs,
successors, and assigns of the respective parties
(g) Joint and Several Obligation
If more than one Lessee is a party to this Lease, the obligations of the Lessees shall be joint and several
(h) Captions
The section and paragraph captions used in this Lease are for the convenience of the parties The captions are not controlling
and shall have no effect upon the construction or interpretation of this Lease
(1) Severabihty
If any term, covenant or condition of this Lease is determined by a court of competent jurisdiction to be invalid or
unenforceable, the remainder of this Lease shall not be affected thereby, and each term and provision of this Lease shall remain
valid and enforceable to the fullest extent permitted by law
U) Representations
Lessee agrees that no representations have been made by Lessor or by any person or agent acting for Lessor Lessor and Lessee
agree and acknowledge that this document contains the entire agreement of the parties, that there are no verbal agreements,
representations, warranties or other understandings affecting this Lease, and Lessor and Lessee, as a material part of the
consideration of this Lease, waive all claims against the other for rescission, damages, or otherwise by reason of any alleged
covenant, agreement or understanding not contained in this Lease.
(k) Gender and Plurality
In this Lease, the masculine gender includes both the feminine and neuter, and the singular number includes the plural whenever
the context so requires
(1) Survival of Certain Covenants
All covenants pertaining to bond, insurance, indemnification, restoration obligations, Breach, Default, and remedies shall
survive the expiration or earlier termination of this Lease until Lessee has fulfilled all obligations to restore the Lease Premises as
required by this Lease.
(m) Counterparts
This agreement may be executed in any number of counterparts and by different parties in separate counterparts Each
counterpart when so executed shall be deemed to be an original and all of which together shall constitute one and the same
agreement
(n) Delegation of Authority
Lessor and Lessee acknowledge Lessor as defined herem includes the Commission Members, their alternates or designees, and
the staff of the Commission The ability of staff of the Commission to give consent, or take other discretionary actions described
herem will be as described in the then- current delegation of authority to Commission staff All other powers are reserved to the
Commission
FormSl 16 (Rev. 10/14)
Page 11 of 12
STATE OF CALIFORNIA - STATE LANDS COMMISSION
LEASE NO PRC 9 zlll
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:
CITY OFHUNTINGTON BEACH
A California municipal corporation
REVIE D APPROVED
Ctty a r
Date ,7&uuE /s ZO/,V--
LESSOR:
STATE OF CALIFORNIA
STATE LANDS COMMISSION
By
n
Title Lod 109
DEC 0 3 2015
Date
ACKNOWLEDGEMENT
This Lease was authorized by the
California State Lands Commission on
Apf,1 2-3 i ZQlS�'
Month Day Year)
Form 51 16 (Rev 10/14)
Page 12 of 12
A notary public or other officer completing this certificate verifies only the identity
of the individual who signed the document to which this certificate is attached, and
not the truthfulness, accuracy, or validity of that document.
ACKNOWLEDGMENT
STATE OF CALIFORNIA
) ss
COUNTY OF ORANGE
On October 27, 2015, before me, P. L. Esparza, Notary Public, personally
appeared Joan L. Flynn and Jill Hardy who proved to me on the basis of
satisfactory evidence to be the persons whose names are subscribed to the within
instrument and acknowledged to me that they executed the same in their authorized
capacities, and that by their signatures on the instrument the persons, or the entity
upon behalf of which the persons acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California
that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
_ t
(Notary S i atur
P L ESPARZA
laCommission # 2032750
Notary Public - Cal fornia D
Orange County
M Comm Expires Aug 4, 2017
(Seal)
EXHIBIT A
W 26799
LAND DESCRIPTION
A strip of submerged land, fifty (50) feet in width, situate in Huntington Harbour, in the
City of Huntington Beach, County of Orange, State of California, the centerline of which
is more particularly described as follows:
BEGINNING at a point on the northeasterly line of Lot "A", as said lot is
shown and designated on that certain map of Tract No. 10004, filed in
Book 418 of Miscellaneous Maps at Pages 1 through 4, Official
Records of said County, said point distant 37.04 feet northwesterly
from the most easterly corner of said lot; thence North 480 29" 23" East
430.00 feet to the terminus of said centerline.
The sidelines of said strip to be lengthened or shortened as to begin at the northeasterly
line of said Lot "A" and terminate at the southwesterly line of Tract No. 8636, filed in
Book 397 of Miscellaneous Maps at Pages 33 through 35, Official Records of said
County.
BASIS OF BEARING for this description is CGS 83 Zone 6_ All distances are
grid distances.
END OF DESCRIPTION
Prepared 11/14/2014 by the California State Lands Commission Boundary Unit
NO SCALE SITE
LEASE PARCEL '�' ��`r'° �s� a,. . py L�;t,l• �. � a•..L h . •j
(PROPOSED iNSTALATION OF } �`y\ '?fit t `"\kfcrlR��i�t� Al
�\ 14 INCH WATERLINE)
APN 178-023-15
Alifff
a, ` ns' �`�, �` �" i`, • i
\ C y•
APN 178-023-13 G'?'
;; ^, `,� it\ �1f:E�Y�i9 ci> yt� % � � � % ` '� Y 1.•. �`•.., C%�
C"Y 1,il��j�il7k S 1 k � S ' ,° s f ,•• ,r \
HUNTINGION HARBOUR CHANNEL, BETWEEN GPJMAUD LANE AND TYPHOON LANE
NO SCALE LOCATION Exhibit
on; , .- , tea ` - > - — ^ , W 26719NCsTUN
: `< -.,1 '' •CTPY OF HC N
.f C yr•+•k. """`r" .. dt.t:�;..,' '`-a +. 'a".,4"`^ +}'" b. ,"°.Q h'ti7n�.:*[.r. iliC• �' Bl'.A CSi
PAY
T ; r }u "' �, ; 5 - i APNs 178-023-04, 13 & 15
w w '?wy n:' " r "1 ,d yn � 4 GENERAL LEASE-
ry PUBLIC AGLNCY USE
HANG[-. COUNTY
F ,M YhaY 1 x p V K'w •�
\` `�\�tt,; `�k"�-' r•,�, t �� tom"^' "`• ' ,a�� • ��..�.
40
MAP SOURCE: USGS QUAD
'r'lus Exhibit is solely for purposes of generally defining the lease prcrmses, is
based on unverified tntonnation provided by the Lessee or other parties and is
not intended to be, nor shall it be Construed as, a waiver or limitation of any State
mte,est in Elie subject or any other property
TS I Ill
EXHIBIT C
CALIFORNIA STATE LANDS COMMISSION
MITIGATION MONITORING PROGRAM
SUNSET/HUNTINGTON HARBOR MAINTENANCE DREDGING AND
WATERLINE INSTALLATION PROJECT
(State Clearinghouse No. 2014081072)
The California State Lands Commission (Commission) is a responsible agency under
the California Environmental Quality Act (CEQA) for the Sunset/Huntington Harbor
Maintenance Dredging and Waterline Installation Project (Project). The CEQA lead
agency for the Project is Orange County. This Mitigation Monitoring Program (MMP) is
for the Waterline portion of the Project being implemented by the City of Huntington
Beach. A separate MMP is applicable to the Maintenance Dredging portion of the
Project being implemented by the County of Orange.
In conjunction with approval of this Project, the Commission adopts this MMP for the
implementation of mitigation measures for the portion(s) of the Project located on
Commission lands The purpose of a MMP is to discuss feasible measures to avoid or
substantially reduce the significant environmental impacts from a project identified in an
Environmental Impact Report (EIR) or a Mitigated Negative Declaration. State CEQA
Guidelines section 15097, subdivision (a), states in part'
In order to ensure that the mitigation measures and project revisions Identified in the
EIR or negative declaration are Implemented, the public agency shall adopt a
program for monitoring or reporting on the revisions which it has required in the
project and the measures It has imposed to mitigate or avoid significant
environmental effects A public agency may delegate reporting or monitoring
responsibilities to another public agency or to a private entity which accepts the
delegation, however, until mitigation measures have been completed the lead
agency remains responsible for ensunng that Implementation of the mitigation
measures occurs in accordance with the program.
The lead agency has adopted a MMP for the whole of the Project (see Exhibit C,
Attachment C-1) and remains responsible for ensuring that implementation of the
mitigation measures occurs in accordance with its program The Commission's action
and authority as a responsible agency apply only to the mitigation measures listed in
Table C-1 below Mitigation measures included in the lead agency's MMP for impacts
not within the Commission's jurisdiction have been omitted from the Commission's
MMP Any mitigation measures adopted by the Commission that differ substantially
from those adopted by the lead agency are shown as follows:
• Additions to the text of the mitigation measure are underlined; and
• Deletions of the text of the mitigation measure are shown as strikeew or as
otherwise noted
The State CEQA Guidelines are found at California Code of Regulations, Title 14, section 15000 et seq
April 2015 Page C-1 (of 3) Sunset/Huntington Harbor
Maintenance Project
Exhibit C — CSLC Mitigation Monitoring Program
Table C-1. Project Impacts and Applicable Mitigation Measures.
Potential impact
f} l
IVlit''gafiiion Measure (MiV()2
_
iffe�en�Betvv a hie
4� Eomm ssio s M`Ms and
�CeadA ens MMs
Air Quality
AQ-5, Air Quality
None.
Air Quality
AQ-6, Air Quality
None.
Biological Resources
131O-2, Biological Resources
None.
Biological Resources
131O-3, Biological Resources
None
Cultural Resources
CR-1, Cultural Resources
Language was added to
identify the Commission's
interest in archaeological/
historical resources identified
during the Project (see
modification below).
Cultural Resources
CR-2, Cultural Resources
Language was added to
identify the Commission's
interest in paleontological
specimens identified dunng
the Project (see modification
below)
Geology/Soils/Seismicity
GEO-1, Geology/Soils/Seismicity
None
Geolo /S oi Is/Seismi city
GEO-2, Geology/Soils/Seismicity
None
CR-1 Prior to the issuance of any construction permits, project plans will specify
that if buried cultural resources —such as flaked or ground stone, historic debris,
building foundations, or non -human bone —are inadvertently discovered or
suspected during ground -disturbing activities, work will stop in that area and
within 100 feet of the find until a qualified archaeologist can assess the
significance of the find and, if necessary, develop appropriate treatment
measures Treatment measures typically include development of avoidance
strategies, capping with fill material, or mitigation of impacts through data
recovery programs such as excavation or detailed documentation No monitoring
or other actions would be required if resources are not inadvertently discovered
or suspected The final disposition of archaeological and historical resources
recovered on State lands under the jurisdiction of the State Lands Commission
must be approved by the Commission
CR-2 Prior to the issuance of any construction permits, project plans will specify
that a qualified paleontologist will be contacted in the event that potential
paleontological resources are discovered or suspected Treatment measures
may include monitoring by a qualified paleontologist during further construction -
related ground -disturbing activities if paleontological resources are discovered.
The qualified paleontological monitor will retain the option to reduce monitoring if,
in his or her professional opinion, the sediments being monitored were previously
disturbed. Monitoring may also be reduced if the potentially fossiliferous units,
2 See Attachment C-1 for the full text of each MM taken from the MMP prepared by the CEQA lead
agency
April 2015 Page C-2 (of 3) Sunset/Huntington Harbor
Maintenance Project
Exhibit C — CSLC Mitigation Monitoring Program
previously described, are not present or, if present, are determined by qualified
paleontological personnel to have a low potential to contain fossil resources No
monitoring or other actions would be required if resources are not inadvertently
discovered or suspected
The monitor will be equipped to salvage fossils and samples of sediments as
they are unearthed to avoid construction delays and will be empowered to
temporarily halt or divert equipment to allow removal of abundant or large
specimens Recovered specimens will be prepared to a point of identification
and permanent preservation, including washing of sediments to recover small,
invertebrates and Design engineer, construction contractor and qualified
paleontologist vertebrates Specimens will be curated into a professional,
accredited museum repository with permanent retrievable storage The final
disposition of paleontological resources recovered on State lands under the
jurisdiction of the State Lands Commission must be approved by the
Commission A report of findings, with an appended itemized inventory of
specimens, will be prepared and will signify completion of the program to mitigate
impacts on paleontological resources
April 2015 Page C-3 (of 3) Sunset/Huntington Harbor
Maintenance Project
4 1%
ATTACHMENT C®i
Mitigation Monitoring Program Adopted by the
County of Orange
ATTACHMENT C-1
County oforenp & Clty of Huntlrwtan Beach
Mitigation Monitoring and Reporting Program Summary
Mitigation
Measure/
Condition of
Responsibility for Responsibility
Approval No
Mitigation Measure/Conditlan of Approval
Implementation Timing for Monitoring
AIR QUA11Ty
Prior to Initiation of anydredging/gradIng activity, the app I Ica nt s hal I provide proof
Construction Prlorto Director of OC
of compliance far the following requirements
contractor construction Parks or his/her
designee
AQ-1
During construction, the project applicant shall ens ure th at a 11 on -road heavy --duty
diesel trucks with a gross vehicle weight rating of 19,500 pounds orgreater used at
the project site will comply with EPA20D7 on -road emission standards for PM10
and NOX (D DS gram per brake horsepower -hour jg/bhp-hr] and 0 20 g/bhp-hr,
respectivetyj
AQ-2
Duringconstruction, the project applicant shall Ilmttthe number of dredged
Construction During SCAQW
contractor construction
AQ-3
During construction associated with any use of the cutter/suctlon dredger, the
Construction During SD<M
contractor mnstruttlon
project appltcarrt shall ensure that tugboats used for scow movement during
dredging activities will be equipped with an EPA Tier 3 engine or cleaner If stow
AQ-4
During construction, the project applicant shall ensure that the main pump engine
Construction During SCACM
on the cutter/suction dredger is equipped with an EPA Tier 3 engine or cleaner
contractor construction
ACl5
During construction, the project applicant shall ensure that Maintenance Dredging
Construction During SCAQVID
contractor Construction
will not occur on the same day as Waterline Installation pipe laying (barge and
workboat) or landslde concrete work (concrete truck, paving, and roller) Barge
activities would occur for an estimated five days concrete work would occur for
AQ-6
During constructlon, the project appllcant shall irnplementthe following measures
Construirdon During SGAam
contractor construction
■ Haul and delivery truck idling times shalt he in] nimlted either by shutting
equipment off whets nat In use or red uang the maximum idling time to less
Sunset/Hunungton Haibour Matntenance Dredging
and waterline Instakticrt Project
iniml Study/Miegated RepUm Declaration IP 14-',;AB
I
November 7074
IEF W28913 &
W49213
'age 1 of 9
, , h
Cotintyarorana•
C,t r or HuntlnV= 8eath
Mitigation
Measure)
Approval No
Res onsibilit far Responsibility
Approval Na Mitigation Measure/CDndltian of Approval Implementatkin Timing for Monitoring
measure,13 CCR 2485) Clear signage shall be provided for construction
workers and construction vehicles at all access points
• All construction equipment shall be maintained and properly tuned In
accordance with manufacturer's specifications All equipment shall be checked
bya certified mechanic and determined to be running In proper condition prior
to operation
• Consofidatetruck deliveries when possible
BIOLOGICAL, RESOURCES
6I0-1 Prior to commencement of dredging activities, Eelgrass surveys will be conducted,
Qualified biologist Pnorto LISACE, CCC,
and again after dredging is completed, consistent with the timing requirements
construction COFW
listed in the Southern California Eelgrass Mitigation Policy (NMFS 1991 as amended)
and after
for review and approval by the Resource Agencies All existing and potential
construction
eelgrass habitat lass will be restored at a ratio of 112 and 1,1, respectively, or via
other measures as approved by the appropriate regulatory and resource agences
Eelgrass will also be transplanted into the mitigation site from approved donor sites
and monitored by quailfied bioioglsU for 5 years to ensure success Yeady
monitoring reports will be filed with resource agencies, the USACE, and the
California Coastal Commission if yearly criteria are not met, then a replant will be
conducted The amount to be replanted Is based upon a formula that takes into
account the area and/or densltydeficiencies (hlMFS 1991 as amended]
BIO-2 Buoys will be deployed to areas of eelgrass habitat to avoid these areas outsida of
Construction During
the pro)ectarea FIcatingbooms and slit curtains will be used to contain any
contractor construction CDFW
possible spills, debris, and sediment plumes
BIO-3 Aqualified biologist will he on site during construction activities to monitor for the
Qualified biologist During USAGE, CCC,
presence of wildlife and sensitive species in particular The biologist will have the
construction CDFW
authority to halt construction when wlldlde is observed within 100 meters of the
dredge zone Work crews will be briefed on how to Identify sea turtles, marine
mammals and other spatial status species that would be expected to occur within
and around the project area The biological monitor will prepare incident reports of
6ussWilontinaton Harbw Malmeneno Dredging November2014
and waterline Installation Prefect 2 icF cum 13 &
innlal5tudV/1MMgatad NesaW declaration 1P 1 }-148 DbA9112
Page 2 of 9
w
County or Orange
City of H untington Beach
Mnlgation Monitoring and Reporting Program
Mitigation
Measure/
Condition of
Approva€ No Mitigation Measure/Condition of Approval Resoonsibil€ity f r iimine Respo QWt
any observed sea turtle activity and will provide such reports to Callfornle
Department of Fish and Wildlife [CDFW) and the National Marine Fisheries
Service (NMFS) within 24 hours of an observation Work vessels mown$to and
from the project site will comply with a 5 miles per hour (mph) speed limit As
work vessels approach and leave Sunset Harbor and Huntington Harbor, a
recommended speed limit of 10-13 knots will be in place in the event of a vessel
collision with a marine mammal or sea turtle, the County will irnmediatelly contact
the NMFS Southwest Regional of€ice's Stra nd ing Coordin ato r a nd CoFW, and will
submit a report to the NMFS with in24 hours Thls measure will mltigate impacts
to other species of wildlife as well
8I0-4 Priorto the issuance of construction permits, the County will conduct the following
surveys sub)ect to review by the CDFW, ignited States Federal Wildlife Servlr_e,
and the United States Navy
a A pre•oonstruction pipeline route survey A qualified biologist will accompany
County oF0range staff and engineering consultants to i dentify s ensitive
wildlife habitat and to recommend a pipeline route that avoids impacts to
sensitive vegetation, wildlife habitat, and potential Western snowy plover
nesting habitat This survey will be conducted within 30days of pipeline
installation start and will be submitted to the Caunty within five days of
completion If it is not possible forthe pipeline route to avoid the backshore
area and the pipeline is to be in place dunngthe Western snowy plover
nestingseason (March through September), then two additional surveys will
be required
a A Focused pre -construction nesting bird survey A quabfied biologist will
conducts nesting bird surveywithin 100 meters ofthe pipeline corridor
five days prior to the start of pipeline Instalieti in
o A focused post -constriction nesting bird survey A qualified biologist will
conduct a nesting bird survey within five days of pipeline removal to
determine fi any nesting birds maybe impacted t1y pipeline removal If itIs
determined that nesting birds are present, then the pipeline shall remain
in place until nesting activity is no tonger observed
Qualified biologist Prior to USACE, CCC,
construction CDFW
and after
constructlon
5un%VHunjWVon Harbor Maintenance Dredging November2014
and watarWna installation Prnjart 3 1CFOD28913 &
lninal Study/Miteated Negative Daclaadm tP 14.143 0049113
Page 3 of 9
County of Orange
CRY of Huntington Beach Mnigatlon MoNtarhet and Reporting Program
Mitigation
Measure/
Condition of
Approval Responsibrhtyfor Responsibility
No. Mitigation Measure/ConditionofAoproval Implementation Tuning for Monitoring
8I0-5 Should pipeline construction, operation, or post -project demobilization occur Qualified biologist
during the grunion spawning season (as defined by the California Departmgrit of
Fish and Wildlife gruMlon calendar), the County of Orange shall prepare and
Implement a beach nourishment grunion habitat protection plan to Include
1 Temporal BMPs, such as avoidance of known spawning area during grunion
runs to avoid disturbances to grunion spawning activity and to minimize
damage to grunion spawning habitat,
i Conduct pre -construction monitoringsurveys within 3 weeks of proposed
construction to determine the potential for grunion to use So rfside-Sunset
beaches during beach nourishment activities,
3 Conduct grunion monitoring during known grunion run periods while beach
nounshment acttvlties are In progress to assess if specific areas of the beach
are being Impacted,
4 Implement avoidance measures, if feasible, to min lmlze impacts to specific
areas of the beach If construction -period spawning is observed, and
5 Conduct post -beach nourishment grunion spawning success monitoring
surveys at any sites on Sorfside-Sunset beaches that appear to be impacted by
beach nourishment actnnty The survey will be conducted during the first
grunion run following r-ornpletion of the nourishment activities The survey
results will be Included in a report that be submitted to the County of Orange,
the National Marine Fisheries Service, California Department of Fish and
Wildlife, and California Coastal Commission withln 30 days after the grunion
run
Prior to USACF,
Construction, CC-- CDFW
during
construction,
and after
construction
BtO-& fine week prior to commencement of any Isndside project -related activities within Qualified blologist Prwr to CCC, CDFW
the breading/nesting season (February 15 through September 15), the applicant Construction
wltl retain a qualified biologist to conduct preconstructlon nesting bird surveys to
determine whether nests are present In or around the proposed project area if a
nest is found, an appropriate buffer will be established by the qualified biologist
No construction or other activities will be allowed to occur within the buffer until
the young have fledged or the nest becomes inactive The results of the
Sunset/Huntington Harbor Maintenance dredging Novarnber 3014
and waterilne instaiiation Project 4 1CF OM9 13 &
itutial Study/Mitigated Negative Peclaratlen IP 14-148 0649113
Page 4 of 9
County of Ora roe
city of Huntington Roach Mitigation Monaaring and Reporting Program
Mitigation
measure/
Condition of
Approval Responsibility for Responslbllity
No lViitigation Measure/Condition of Approval Implementation Timing for Monitoring
preconstruction nesting bird survey will be provided to the City of Huntington
Beach Planning and Building Department, prior to issuance of City permits
CULTURAL RESOURCES
CR-1 Prior to the Issuance of any construction permits, project plans will specify that if
Design engineer, Prior to CCC, CSLC
buried cultural resources --such as flaked or ground stone, historic debris, building
construction construction
foundations, or non -human bone —are inadvertently discovered or suspected
contractor and and during
during ground -disturbing activities, work will stop in that area and wrthm 100 feet
qualified construction
ofthe find until a qualified archaeologist can assess the significance ofthe find and,
archaeologist.
If necessary, develop appropriate treatment measures Treatment measures
typically include development of avoidance strategies, capping with fill material,
or mltlgatlon of impacts through data recovery programs such as excavation or
detailed documentation No monitoring or other actions would be required If
resources are not Inadvertently discovered or suspected
CR-2 Prior to the issuance of any construction permits, project plans will specify that a
Design engineer, Prior to CCC, CS LC
qualified paleontologist will be contacted in the event that potential
'construction construction
contractor and and during
paleontological resources are discovered or suspected Treatment measures may
qualified construction
include monitoring by a qualified paleontologist during further construction-
paleontologist
related ground -disturbing activities if paleontological resources are discovered
The qualified paleontological monitor will retain the option to reduce monitoring
If, in his or her professional opinion, the sediments being monitored were
previously disturbed Monitoring may also be reduced if the potentially
fossfiiferous units, previously described, are not present or, if present, are
determined by qualified paleontologi®I personnel to have a law potential to
contain fossil resources No monitoring or other actions would be required if
resources are not inadvertently discovered orsuspected
The monitor will be equipped to salvage fossils and samples of sediments as they
are unearthed to avoid construction delays and will be empowered to temporarily
halt or divert equipment to allow removal of abundant or large specimens
Recovered specimens will be prepared to a paint of identification and permanent
SunotA iuntington Harbor Maintenance Dredging
Noven*w 203A
and watarane nsialiatlon Project 5
icroovae 73 &
Ir1.W Study/MRfgated Negative Pocbratton IP 14-148
0049113
Page 5 of 9
Ceurrw of Orange
Hof Huntington 8eaeh ,,,�. Mfrtlp4exfan rufanitaeang aril riaaartine Pr9graiiR
Mitigation
Measure/
Candltlon of
Approval ResponsWiityfor Responsibility
No Matigatian Measure/Condition of Approval Implementation Timing for Monitoring
vertebrates 5pecimens will becurated into a professmnal, accredited museum
reposltorywlth permanent retrievable storage The final dlsposltlon of
oaleonWgglcal resources recovered on State lands underthe Iurlsdictlon_of_the
We Lands mmisslQn must bg approveathe Co m i n A report of
findings, with an appended itemized inventory of specimens, will be prepared and
will signify completion of the program to mitigate impacts on paleontological
resources
GEOILOGY/50its/SE15Mtnrt
GEO.1 During final design, the applicant's design engineer will ensure that all design
criteria and specifications set forth in Setxion 4 3 "Miscellaneous Design and
Construction Standards" of the Geotechnical Report (Appendix C) will be
incorporated Into the final design Priorto the Issuance ofa Public Works
Encroachment Permit, the City of Huntington Beach Public Works Department
must receives completed copy of the Geotechmcal Report and will verify that such
measures have been Incorporated on the appropriate engineering plans and
documents
At a minimumthe recommendations will include the following measures
• Wefiexlble couplings, such as gasketed joints or other means, to prevent
damage due to settlement of the pipe
• Place bedding material at least 1-2 inches below the Invert of new piping
and extend overthe top of the pipeline
• Backfill thrust block excavations with granular material in accordance wrth
Section 4 6, 'Site ?reparation and Earthwork" of the Geotechwcal Report
GEC-2 During final desrgn, the applicant's Civil Engineer, in consultation with the Manager,
OC Watersheds, shall design the dewatering system and ensure that a specialty
dewateringcontractor shall install the dewatering system The system shall Include
a tight shoring system and make use of a sump pump to remove water from the
bottom of excavation The following procedures also shall be Implemented by the
contractor
• Monitoring yells shall be installed outside of the excavation on all sides to
monitor the Impact of dewatering to the groundwater,
Design engineer FfnoI design City of
and Construction and during Huntington
Contractor construction Beach Public
Works Engineer
Design engineer Final design RWClCB
and Construction and during
Contractor construction
• Existin structures in the viarilty of the planned excavation shall be evaluated
sunser/Fluntketon Harbor ritafntemnoa Drodgfrig No rnber 2814
aryl Watarilty Insmlkitwn Prolect 6 iCF 00289 13 &
Initial Study/Nfrtlgated NegatWe Declaration IP 14.14B C0401 la
Page 6 Of 9
O % t
Countyof Qranaa
Cdv of Huntinston Balch Mlt§022n MaNtoribir and ka2rtM Pro ram
Mitigation
Measure/
Condition of
Approval Responsibility for Responsibility
No Mitigation Measure/Condition oFApprowI Implementation Timing for Monitoring
with regard to the foundation type and potential for settlement,
■ Settlement monuments shall be provided to monitor any settlement -sensitive
structures,
+ Provide an alarm system to notify the contractor should the pumps turn off,
+ Dispose of groundwater In accordance with the guidelines of the Regional
Water Quality Control Board
HYDROLOGY AND WATER QUALITY
HYD-1 Pnorto initiation of any grading or dredging activities, the applicant is required to
OC Parks Prior to RWQCB, USACE
receive approval from the Santa Ana Regional Water Quality Control Board for
grading/
coverage under a 401 Certification The 401 Certification will include conditions
construction
Involving Implementation of measures to reduce potential increases in
sedl mentatio n, turbidity, and other Impacts associated with maintenance dredging
activities
HYD-a Dunng dredging/grading activities, the applicant wlII Irid uda the use of a slit curtain
Construction During RWCiCB
or slit fence system during dredging, when turbidity exceeds specified turbidity
contractor construction
limits The system must be placed so as to confine the disturbed waters within the
area The system will be lined with bright orange buoys to create a visual detour
barner for boating traffic during constructlon The silt curtains will remain in -place
until the disturbed sediment has resettled and will be stabilized within the channel
bed
HYD-3 Turbidity will likely result from placement of dredge material in the Surfs lde/Sunset
Construction During RWOL3
Beach surftone The effects of turbidty will be mitigated by appropriate turbidity
contractor
construction
monitoring methods This involves a qualitative monitoring program (dally
observations from a higher vantage point) and supplemented by a quantitative
program If necessary If Visual monitcAng (qualitative monitoring) Indicates
significant turbidity greater than ambient one-half mile from the discharge site
(either offshore or down coast) for two consecutive days, then the man ltorwilt
Sunaat/Hunbngton Harhar Mrntenarm D;Tg
November 3014
and WaterMe Inollatkm Proint 7
ICF OMS 33 &
Mal study/Mkgatrd Naiat[w aadara$Dn I 14-148
000113
Page 7 of 9
CounN of orarge
pry of Huntir4ton Beach Mittgation Monitoring and Reporting Proamm
Measure/
condition of
Approval Responsibliityfor Responsibility
No Mitigation Measure/Condition of Approval implementation Timing for Monitoring
a Evaluate the effectiveness of discharge site BMPS and opportunities to modify
shore placement methods to further reduce sediment discharge during perlods
of strong longshore movement,
• Record and Imp lementthe necessary modiftcatlons to the BMPs,
• Notify the Santa Ana Regional Water Board and USAGE contacts by telephone
or email, and
• The discharger will comply with any measures idendfled bythe RWCICB, in
consultation with other responsible agencies, as appropriate, to mitigate
project -related turbldity, tncluding modifying orhalting discharge
[fslgnlficant turbidity persists on the third day, the monitorwill commence the
quantitative monnortngprogram
;NOISE
NOi-1 Prior to initiation of any dredging or grading acttvity , the project proponent Constructton Pmrto Director ofOC
shalt produce evidence acceptable to the Orange County Manager of Permit contractor constnsctlan Parks or his/her
Services that designee
(1) All construction vehicles or equipment, fixed or mobile, operated within 1,000'
of a dwelling unit shall be equipped with property operating and maintained
mufflers
(2) All operations shall comply with Orange County codified Ordinance Division
6 (Noise Control)
(3) Stockpiling and/orvehlcle staging areas shall be located as far as practicable
from dwellings
TRANSPORTATION/TRAFFIC
TR-1 a Prior to the tssuanceofconstruotionpemilts, the construction contractor will Construction Prior to OCParks
develop a Construction Management Plan to be approved by CC Parks that contractor construction
will include the following measures
a Designate traffic control for any street closure, detour, or other dIsruptlon to
traffic circulation
Sunset/Huntington Herbor WWamime aredgin8 November 2014
and Waterline inawletlon Proact 8 ICF00239 33 &
0049223
Initial StWyJMlt%atad Negatin Declaration iP 14.14S
Page 8 of 9
#0 G, •
County of Orange
Clry of Huntington Beach M tfgation Monitarkrg and Iteporbng I'mWarn
Mitigation
Measure/
Condition of
Responsibility for ResponsibilityApproval
No Mltiaation Measure/Condition ofAoarova! Implementation 7lrnjrg for Mon storing
e Identify the routes that construction vehicles will utilize for the delivery of
construction materials (i e , lumber, tiles, piping, windows), site access, traffic
controls and detours, and a proposed construction phasing plan for the project
• Specify the hours during which transport activities can occur and methods to
mitigate constructlon-related impacts on adjacent streets
• Require the contra ctorto keep all haul routes clean and free of debris including,
but not Iimried to, gravel and dirt as a result of its operations The applicant will
clean adjacent streets, as directed by OC Parks, of any material that may have
been spilled, tracked, or blown onto adjacent streets or areas
• Allow trick hauling ortmnsport of oversize loads between the hours of 9 a in
and 3 p m , only, Monday through Friday, unless approved otherwise by OC
Parks No truck Hauling or transport will be allowed during nighttime hours,
weekends, or federal holidays
7R-2 Prior to the commencement of construction actnrities, the City will notify and Construction Prior to City of
coordinate with the emergency service providers, including but not limited to the contractor Construction Huntington
OC Sheriff Harbor Patrol, U 5 Navy, and 143FC, of the main channel closure at least Beach
three weeks in advance of the activity
Stvrset/Huntk4ton Harbor Maintenance Dradoin; November 2G14
and waterime Installation Project 9 000289131
Initial Study/Miupted Ne;ative Declaration IP 14.148 OW1113
Page 9 of 9
Dept ID PW 15-025 Page 1 of 2
Meeting Date 6/15/2015
CITY OF HUNTINGTON BEACH
REQUEST FOR CITY COUNCIL ACTION
MEETING DATE: 6/15/2015
SUBMITTED TO. Honorable Mayor and City Council Members
SUBMITTED BY Fred A Wilson, City Manager
PREPARED BY: Travis K Hopkins, PE, Director of Public Works
SUBJECT- Approve and authorize execution of Lease Agreement with the California State
Lands Commission for the Huntinaton Harbour Waterline Proiect
Statement of Issue
A Lease Agreement with the California State Lands Commission is necessary for a proposed water
pipeline to be constructed within State Lands' property in the Huntington Harbour area
Financial Impact
None, the Lease Agreement is a zero -rent lease
Recommended Action
Approve and authorize the Mayor and City Clerk to execute the "Lease Agreement (W 26799)"
between the City of Huntington Beach and the California State Lands Commission for the
construction, use, and maintenance of a proposed 14-inch diameter water pipeline
Alternative Action(s)
Do not approve and direct staff on how to proceed
Analysis
The purpose of the Huntington Harbour Waterline Project is to provide a redundant and reliable
water supply to the Huntington Harbour and Sunset Beach areas for fire protection purposes A
new 14-inch diameter water pipeline will serve as a back up to a critical 12-inch ductile iron water
pipeline crossing beneath the harbor main channel, which is currently under a lease agreement with
California State Lands Commission
The lease is required for a portion of the 14-inch waterline proposed on State-owned property within
the Huntington Harbour main channel The waterline will cross beneath the main channel and
connect to the City's existing water system at the end of Grimaud Lane to the south of the harbor
and Typhoon LaneNenture Lane to the north The City is required to obtain a Lease Agreement
from the California State Lands Commission to authorize construction of the water facilities within
the harbor The lease is for the construction, use, and maintenance of the 14-inch diameter water
pipeline
The California State Lands Commission has agreed to enter into a zero -rent, 25-year term lease,
beginning April 23, 2015, and ending April 22, 2040, allowing the placement of the proposed
improvements within State-owned property The lease specifies that construction begin by
September 1, 2015, and be completed by August 30, 2017
HB -79- Item 11. - 1
Dept ID PW 15-025 Page 2 of 2
Meeting Date 6/15/2015
Public Works Commission Action
Not required
Environmental Status
Not applicable
Strategic Plan Goal
Enhance and maintain Infrastructure
Attachment(s)
1 Location Map
2 Lease Agreement (W 26799) between the City of Huntington Beach and the California State
Lands Commission
Item 11. - 2
Or A
AT
= M1' M
_ N
I
ATTACHMENT 1
HUNTINGTON HARBOUR WATERLINE PROJECT
VICINITY MAP
PRQ HB -8 1 - REA Item 11. - 3
RECORDED AT THE REQUEST OF
AND WHEN RECORDED MAIL TO,
STATE OF CALIFORNIA
California State Lands Commission
Attu Title Unit
100 Howe Avenue, Suite 100-South
Sacramento, CA 95825-8202
STATE OF CALIFORNIA
Document entitled to free recordation
pursuant to Government Code Section 27383
A P N 170-023-13,15
County Orange
LEASE
SPAC&ABOVE MSUIVE FOR RECORDERS USE
This Lease consists of this summary and the following attached and incorporated parts -
Section 1 Basic Provisions
W 26799
Section 2 Special Provisions Amending or Supplementing Section 1 or 4
Section 3 General Provisions
Exhibit A Land Description
Exhibit B Site and Location Map
Exhibit C Mitigation Monitoring Program
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 City of Huntington Beach, Public Works Department, hereinafter referred to as
Lessee, those certain lands described in Exhibit A subject to the reservations, terms, covenants and
conditions of this Lease.
MAILING ADDRESS:
LEASE TYPE:
LAND TYPE:
2000 Maui Street
Huntington Beach, CA 92648
General Lease - Public Agency Use
Sovereign Lands
LOCATION: Manz Channel of Huntington Harbour between Typhoon
Lane and Grunaud Lane, city of Huntington Beach, Orange
County as---describ-�,-d-in-Exhibit-A-mzl-shown-in
Exhibit B (for reference purposes only) attached and by this
reference made apart hereof
LAND USE OR PURPOSE: Construction, use, and maintenance, of a 14-inch diameter
water pipeline.
TERM: 25 years; beginning April 23, 2015; ending
April 22, 2040, unless sooner terminated as provided under
this Lease.
CONSIDERATION: The public use and benefit, subject to modification by
Lessor as specified in Paragraph 3(e) of Section 3 - General
Provisions
AUTHORIZED IMPROVEMENTS:
EXISTING:
A 14-inch diameter water pipeline.
X TO BE CONSTRUCTED; CONSTRUCTION MAY BEGIN BY: September 1, 2015
AND BE COMPLETED BY: August 30, 2017
LIABILITY INSURANCE: N/A
SURETY BOND OR OTHER SECURITY: N/A
SECTION 2
SPECIAL PROVISIONS
BEFORE THE EXECUTION OF THIS LEASE, ITS PROVISIONS ARE AMENDED,
REVISED OR SUPPLEMENTED AS FOLLOWS:
1. No activities are authorized and no facilities or improvements shall be constructed on the Lease
Premises until Lessee provides copies to Lessor's staff, of all necessary permits from the U.S.
Army Corps of Engineers, California—Coastal-Commissian—cityofHnntington-Beach—and a
copy of CWA 401 Water Quality Certifications from the Santa Ana Regional Water Quality
Control Board.
2. Lessee agrees to be bound by and fully carry out, implement, and comply with all mitigation
measures and reporting obligations identified as Lessee's or Applicant's responsibility as set
forth in the Mitigation Monitoring Program (MMP), attached hereto as Exhibit C, and by
reference made a part of this Lease, or as modified by Lessor as permitted by law.
3 At all times while construction activities are taking place, Lessee shall install warning signs at
the construction sites, in order to provide notice to the public that construction activities are
taking place and to exercise caution
4. Any equipment to be used on the Lease Premises is limited to that which is directly required to
perform the authorized use. Lessee shall restore any portion of the lease premises damaged by
the use of said equipment
5. No refueling, repair, or maintenance of vehicles or equipment will take place on the Lease
Premises.
6 Fourteen days prior to start of the construction Lessee shall submit the following -
a. A set of final engineering drawings as issued for construction, certified by a California
registered Civil/Structural Engineer.
b. Copies of all the contractor's submittal of the project specifications. Also, include design
details of any temporary structures to be constructed and removed , Certified by a California
registered Civil/Structural engineer.
c Details of all proposed inspection tests and procedures to be employed during construction
for project quality assurance and control, including qualified welding procedure
specifications and welder qualification testing.
8. A construction schedule time line chart showing all significant work activities during the course
of the project.
9. Fourteen days prior to commencement of construction activities on the Lease Premises, Lessee
shall provide a copy of the construction contractor's work execution plan that provides the
details of the manpower, equipment, construction methods and procedures to be employed for
each significant activity, safety procedure, etc. Additionally, Lessee shall provide Lessor with a
construction schedule time line chart showing all significant work activities that will take place
during the course of the project.
10. Prior to the start of construction on the Lease Premises, Lessee shall provide a copy of the
contractor's Hazardous Spill Contingency Plan (Plan), with specific designation of the onsrte
person who will have responsibility for implementing the Plan. This Plan will include
discussion of various major and minor spill scenarios, spill clean up materials and equipment
available onsrte, a spill notification protocol and procedures, and a list of various agencies and
their notification numbers In the event of a spill or discharge during construction that impacts
State Ovate-; notification is to be made -as -soon as -possible -to -the -State -Off ce-of-Emergency—
Services at (800) 852-7550 and to the Lessor's 24-hour emergency response number at (562)
590-5201. All other spills shall be reported as specified in the Plan
11. Construction Improvements -
a. Lessee shall provide a 15-day advance notice to Lessor prior commencement of
construction of the authorized improvements.
b. All construction activities shall be carried out in accordance with all applicable safety
regulations, permits, and conditions of all other agencies
12. Within 90 days of completion of the work, Lessee shall provide to Lessor the following:
a A set of "As -Built" drawings certified by a California registered Civil Engineer, showing
the final plan and profiles of the pipelines in the lease area, and all changes or other
modifications to the plans as originally approved for construction
b. A post construction written report confirming completion in accordance with the approved
plans, describing any field changes with the justification, any accidents or spills affecting
the waterway and corrective measures taken, and any other extraordinary conditions that
occurred during the course of the project. The report is to include copies of the quality
control test results performed on the river crossing including the post construction pressure
test and the certified weld inspector's reader sheets for the pipeline welds which are to
include those of all failed and repaired welds
13 Lessee agrees that a lease description shall be prepared and reviewed upon receipt of the "As -
Built" drawings, and the lease shall be amended in order to authorize the final lease area
description.
14. Lessee shall provide, within 30 days after the improvements authorized by this Lease are placed
in service, copies of all monitoring compliance reports for all activities associated with
construction and placement of pipeline.
15. All future repairs, structural modifications or abandonment/removal of the pipelines within the
Lease Premises shall require prior review and approval by Lessor. In the event of an urgent
repair requiring immediate action, telephone contact can be made through Lessor's 24-hour
emergency response number (562) 590-5201.
16. Lessee shall conduct external inspections of the lease facilities using high resolution side -scan
sonar when warranted by extraordinary circumstances such as an accident or a significant
seismic event unless the schedule is modified by mutual agreement among the parties hereto.
Copies of the results of all external inspections including reports, analyses, and
recommendations shall be submitted promptly to Lessor at no cost.
17. Lessee shall conduct internal inspection of the lease facilities, and the integrity assessment of the
facilities by a California Registered Civil/Structural Engineer when warranted by extraordinary
circumstances such as an accident or a significant seismic event unless the schedule is modified
by -mutual -agreement among-theparties hereto —Copies -of -the -results -of -all -internal inspections
including integrity assessments reports, analysis, and recommendations shall be submitted
promptly to Lessor at no cost.
In the event of any conflict between the provisions of Section 2 and Section 3 of this Lease, the
provisions of Section 2 shall prevail.
SECTION 3
GENERAL PROVISIONS
1 GENERAL
In the case of any conflict between these General Provisions and Special Provisions found in Section 2, the Special Provisions control
2 DEFINITIONS
For the purposes of this Lease, the following terms shall be defined as stated below
"Additions" shall be defined as any use or Improvements other than those expressly authorized in this Lease.
"Alterations" shall be defined as any material change in the size, scope, density, type, nature, or intensity of Improvements on the Lease
Premises -from what -is -authorized -in this -Lease. Alterations-shall-also-mclude-any-nodifications,-alterations,_or renovations-of-theland
or waterways on the Lease Premises other than those authorized by this Lease
"Breach" shall be defined as a parry's unjustified or unexcused nonperformance of a contractual duty the party is required to
immediately perform
"Damages" shall include all liabilities, demands, claims, actions or causes of action whether regulatory, legislative or judicial in nature,
all assessments, levies, losses, fines, penalties, damages, costs and expenses, including, without limitation (i) reasonable attorneys',
accountants', investigators', and experts' fees and expenses sustained or incurred in connection with the defense or investigation of any
such liability, and (ii) costs and expenses incurred to bring the Lease Premises into compliance with Environmental Laws, a court order,
or applicable provisions of a Regulatory Agency The term "Damages" also includes, expressly, those Damages that arise as a result of
strict liability, whether arising under Environmental Laws or otherwise
"Default" shall be defined as a material Breach of magnitude sufficient to justify termination of the Lease
"Environmental Law" shall be defined as and include all federal, state, and local environmental, health, and safety laws, statutes,
ordinances, regulations, rules, judgments, orders, and notice requirements, which were in effect as of the date of execution of this Lease
or are subsequently enacted and lawfully applied hereto, which regulate or relate to (a) the protection or clean-up of the environment,
(b) the use, treatment, storage, transportation, handling or disposal of hazardous, toxic or otherwise dangerous substances, wastes or
materials; (c) the quality of the air and the discharge of airborne wastes, gases, particles, or other emissions, (d) the preservation or
protection of waterways, groundwater, or drinking water, (e) the health and safety of persons or property, or (f) impose liability with
respect to any of the foregoing, including without limitation, the California Environmental Quality Act (CEQA) [PRC §§ 21000 et
seq ], the Comprehensive Environmental Response, Compensation and Liability Act of 1980 (CERCLA) [42 USCS § § 9601 et seq ],
the Resource Conservation and Recovery Act of 1976 (RCRA) [42 USCS §§ 6901 et seq.], the Clean Water Act, also known as the
Federal Water Pollution Control Act (FWPCA) [33 USCS §§ 1251 et seq ], the Toxic Substances Control Act (TSCA) [15 USCS §§
2601 et seq ], the Hazardous Materials Transportation Act (HMTA) [49 USCS §§ 1801 et seq ], the Insecticide, Fungicide, Rodenticide
Act [7 USCS §§ 136 et seq ], the Superfund Amendments and Reauthorization Act [42 USCS §§ 6901 et seq ], the Clean Air Act [42
USCS §§ 7401 et seq ], the Safe Drinking Water Act [42 USCS §§ 300f et seq ]; the Solid Waste Disposal Act [42 USCS §§ 6901 et
seq ], the Surface Mining Control and Reclamation Act [30 USCS §§ 1201 et seq ]; the Emergency Planning and Community Right to
Know Act [42 USCS §§ 11001 et seq.]; the Occupational Safety and Health Act [29 USCS §§ 655 and 657]; the California
Underground Storage of Hazardous Substances Act [H & S C §§ 25280 et seq ], the California Hazardous Substances Account Act [H
& S C §§ 25300 et seq.], the California Hazardous Waste Control Act [H & S C §§ 25100 et seq ], the California Safe Drinking Water
and Toxic Enforcement Act [H & S C §§ 24249 5 et seq ], the Porter -Cologne Water Quality Act [Water C §§ 13000 et seq ] together
with any amendments of or regulations promulgated under the statutes cited above
"Hazardous Material" shall be defined as and include any substance which falls within the definition of hazardous substance, hazardous
waste, hazardous material, toxic substance, solid waste, pollutant, or contaminant, under any Environmental Law
"Improvements" shall be defined as any modification, alteration, addition, or removal of any material, and any other action which
serves to change the condition of the Lease Premises from the natural state whether situated above, on, or under the Lease Premises.
Improvements include, but are not limited to buildings, structures, facilities, decks, docks, wharves, piers, walks, curbs, bridges, buoys,
landscaping, roadways, shoreline protective structures of all types, foundations, pilmgs or similar support structures whether above or
below the water line, fences, utilities, pipelines, and any other construction of any type situated on the Lease Premises
"Lease" shall be defined as this lease contract together with all amendments and exhibits.
"Lease Premises" shall be defined as the area of land, together with any improvements located thereon, the use and occupancy of which
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is authorized by this Lease,
"Lessor" shall be defined as the state of California, acting by and through the California State Lands Commission, including the
Commissioners, their alternates and designates, the Executive Officer, and the staff of the California State Lands Commission
"Regulatory Agency" shall include any Federal, State, County, Municipal, or Local agency havmgjunsdiction over the Lease Premises
"Repairs" shall be defined as all work of any kind made to maintain, change, restore, strengthen, replace, alter, or otherwise affect any
Improvement on the Lease Premises.
"Residence" shall be defined as any Improvement, whether permanent, movable, or temporary, or a portion thereof, which is for the
time being a home or place of lodging. A Residence includes any Improvement affixed to the land such as trailers or cabins, built on a
raised foundation such as stilts or pilings, and floating residences such as boats, barges, arks, and houseboats, and any combination of
such Improvements which provide residential accommodations to the Lessee or others "Residence" shall not include transitory,
intermittent, recreational use of facilities such as campgrounds
"Residential Use" shall be defined as Improvements such as, but not limited to, sundecks, and sunrooms which are extensions of, or
additions to, the upland property and are not water -dependent uses Although the various uses or Improvements which may fall under
this definition may vary by geographic area, lease type, or other factors, it is the intention of the parties to include in this definition all
uses and Improvements which are not water -dependent but residential in nature, or those uses and Improvements which are not
consistent with common law public trust principles and values.
3 CONSIDERATION
(a) Absolute Triple Net Lease
Tlus Lease is an absolute triple net lease, pursuant to which Lessor has no obligation with respect to the payment of
taxes, insurance, the cost of maintenance, utilities and repairs or other costs or obligations associated with the Leased
Premises, except as expressly stated herein
(b) Rent
Lessee agrees to pay Lessor rent as stated in this Lease, m annual installments, for the use and occupancy of the Lease
Premises The first installment shall be due on or before the beginning date of this Lease and all subsequent installments shall be
due on or before each anniversary of its beginning date during each year of the Lease term, or as otherwise provided in this Lease.
Said sums shall be paid in lawful money of the United States of America Lessee shall send said rent to the mailing address of
Lessor Timeliness of receipt of remittances sent by mail shall be governed by the postmark date as stated in Government Code
Section 11002 Invoices for rent due may be provided by Lessor as a courtesy Lessor's failure to, or delinquency in, providing
invoices shall neither excuse Lessee from paying rent, nor extend the time for paying rent
(c) Modification
Lessor may modify the method, amount, or rate of consideration effective on each fifth anniversary of the beginning date of this
Lease, Should Lessor fail to exercise such right effective on any fifth anniversary it may do so effective on any one (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 of the beginning date No such modification shall become effective unless Lessee is given at least thirty
(30) days' notice prior to the date of the Commission meeting wherein the rent modification is considered, or thirty (30) days' notice
prior to the effective date of the increase, whichever provides a greater notice period
If the consideration for this Lease is based on a percentage of income, royalties, profits, or any similar business performance
indicators, Lessee shall provide Lessor with financial statements and all other documents necessary to determine the relevant basis
for income,
(d) Penalty and Interest
Any mstallments of rent accruing under this Lease not paid when due shall be subject to a delinquency charge equal to five
percent (5%) of the principal sum due. Annual payments shall bear interest as specified in Public Resources Code Section 6224
and the Lessor's then existing administrative regulations governing penalty and interest
(e) Non -Monetary Consideration
If the consideration to Lessor for this Lease is the public use, benefit, health, or safety, Lessor shall have the right to review
such consideration at any time and set a monetary rental if the Lessor, at its sole discretion, determines that such action is in the
best interest of the State Lessee's assignment or transfer of this Lease pursuant to Section 3 Paragraph 11 below to any third party
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which results in royalties, profits, or any form of compensation, whether monetary or otherwise, shall give Lessor the right to
reevaluate the requirements of this Lease as stated in Section 3 Paragraph 11 Lessee shall be given at least thirty (30) days' notice
prior to the date of the Commission meeting wherein the rent modification is considered, or thirty (30) days' notice prior to the
effective date that this Lease is converted to a monetary rental, whichever provides more notice
(f) Place for Payment of Rent
All rent that becomes due and payable under this Lease shall be paid to Lessor in person or by United States mail at the
Sacramento Offices of the California State Lands Commission, currently at 100 Howe Avenue, Suite 100-South, Sacramento, CA
95825-8202, or at any other place or places that Lessor may designate by written notice to Lessee Alternately, Lessee may contact
Lessor's accounting department for Lessor's current practices for payment by credit card or electronic fund transfer
4_-B-OUNDARIES
This Lease is not intended to establish the State's boundaries and is made without prejudice to either party regarding any boundary
or title claims which may be asserted presently or in the future
5 LAND USE
(a) General
(1) Lessee shall use the Lease Premises only for the purpose or purposes stated in this Lease and only for the operation and
maintenance of the Improvements expressly authorized in this Lease Lessee shall commence use of the Lease Premises within
ninety (90) days of the beginning date of this Lease or within ninety (90) days of the date set for construction to commence as set
forth in this Lease, whichever is later
(2) All demolition, construction, remodeling, reconstruction, maintenance, repairs, removal, or remediation performed on the
Lease Premises at any time by Lessee shall first be authorized by all appropriate Regulatory Agencies Lessee is solely
responsible for determining what approvals, authorizations, or certifications are required, and shall be solely responsible for all
costs incurred thereby. In addition, Lessee shall obtain and comply with preventative or remedial measures required by any
environmental reports, assessments, or inspections, including, but not limited to those required by the California
Environmental Quality Act and/or the National Environmental Policy Act, or as otherwise required by law or reasonably
requested by Lessor. Nothing in this Lease shall be interpreted as a pre -approval of any permit, certification, or any other
precondition required for the use of the Lease Premises.
(b) Continuous Use
Lessee's use of the Lease Premises shall be continuous from commencement of the Lease until its expiration Lessee's
discontinuance of such use for a period of ninety (90) days shall be presumed to be an abandonment unless Lessee demonstrates to
Lessor's satisfaction that Lessee's use of the Lease Premises is consistent with similarly situated properties In the event of an
abandonment, Lessor may elect to terminate the Lease as provided in Paragraph 12(a)(3). Abandonment of the Lease Premises
shall not relieve Lessee of any obligations under this Lease.
(c) Repairs and Maintenance
(1) Lessor shall not be required to make any Repairs in, on, or about all or part of the Lease Premises Lessee shall, at all tunes
during the term of this Lease and without any cost or expense to Lessor, keep and maintain the Lease Premises, including all
Improvements, in good order and repair and in a clean, safe, sanitary, and orderly condition
(2) Lessee shall make, or cause to be made, any Repairs which may be required by any Regulatory Agency Lessee shall
observe and comply with, any law, statute, ordinance, plan, regulation, resolution, or policy applicable to the Lease Premises in
making such Repairs All work shall be performed with reasonable diligence, completed within a reasonable time, and
performed at the sole cost and expense of Lessee
(3) Lessee expressly accepts the Lease Premises "as is" and expressly acknowledges that
(i) Lessor has made no representations or warranties as to the suitability of the Lease Premises for any Improvements
Lessee shall conduct all tests necessary to determine the suitability of the Lease Premises for any proposed use or
Improvements authorized, and
(u) Lessor has made no representations or warranties as to the quality or value of any Improvements found on the Lease
Premises, or of their conformity to any applicable building codes, zoning ordinances, or other regulations Lessee agrees
to inspect any preexisting Improvements at its own cost to determine whether such Improvements are safe and suitable for
Form51.16 (Rev. 10/14)
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the Lessee's intended use; and
(iii) Lessee shall neither be entitled to any reduction in rent, nor any extension of the terms of this Lease because of
damage to or destruction of any Improvements on the Lease Premises
(iv) Lessee and Lessor agree that any Improvements on the Lease Premises constitute the personal property of Lessee and
that fixture law does not apply
(4) In the event that the Lease Premises is partly, or in whole, comprised of tidal, submerged, or waterfront property, Lessee
expressly accepts the hazards involved in using or improving such lands. Lessor is not responsible for, and Lessee shall not be
reimbursed for nor receive any offset of rent for, any damages or reduced use of the Lease Premises caused by. local or
invasive flora or fauna flooding, erosion, sea level rise, storms, freezing, inclement weather of any land, acts of god,
maintenance or failure of protective structures, and any other such hazards.
(d) Additions, Alterations, and Removal
No Improvements other than those expressly authorized in this Lease shall be constructed by the Lessee on the Lease Premises
without the prior written consent of Lessor. Any Additions or Alterations are expressly prohibited Lessee is also prohibited from
any Additions or Alterations which cause a material change to the environmental impact on or around the Lease Premises.
(e) Enjoyment
This Lease is non-exclusive, and is subject to the provisions of Section 3, Paragraph 6 below Lessee shall have the right to
exclude persons from the Lease Premises only when their presence or activity constitutes a material interference with Lessee's use
and enjoyment of the Lease Premises.
(f) Discrimination
Lessee, in its use of the Lease Premises, shall not discriminate against any person or class of persons on any basis protected
by federal, state, or local law, including- race, color, creed, religion, national origin, sex, sexual orientation, gender identity, age,
marital/parental status, veteran status, or disability. i
(g) Residential Use
Unless otherwise provided for in this Lease, no portion of the Lease Premises shall be used as a location for a Residence,
for the purpose of mooring or maintaining a structure which is used as a Residence, or for Residential Uses
(h) Commercial Use
Unless otherwise provided for in this Lease, the Lease Premises is to be used by Lessee and Lessee's invitees or guests
only Use of the Lease Premises for commercial purposes, conducting a business, whether for profit or otherwise, and any
subleasing, rental, or any transaction whereby Lessee directly or indirectly receives compensation from a third party in
exchange for use of the Lease Premises shall constitute an immediate Default of this lease with no cure period.
6 RESERVATIONS, ENCUMBRANCES, AND RIGHTS -OF -WAY
(a) Reservations
(1) Lessor expressly reserves all natural resources in or on the Lease Premises, including but not limited to timber, minerals,
and geothermal resources as defined under Public Resources Code sections 6401, 6407, and 6903, respectively, the right to
grant and transfer the same; as well as the right to grant leases in and over the Lease Premises which may be necessary or
convenient for the extraction of such natural resources Such leasing shall be neither inconsistent nor incompatible with the
rights or privileges of Lessee under this Lease
(2) Lessor expressly reserves a right to go on the Lease Premises and all Improvements for any purposes associated with this
Lease or for carrying out any function required by law, or the rules, regulations, or management policies of the State Lands
Commission Lessor shall have a right of reasonable access to the Lease Premises across Lessee owned or occupied lands
adjacent to the Lease Premises for any purpose associated with this Lease
(3) Lessor expressly reserves to the public an easement for convenient access across the Lease 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 mcompatible with the rights
or privileges of Lessee under this Lease
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(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 mcompatible with the rights or privileges of Lessee under this Lease
(b) Encumbrances
The Lease Premises may be subject to pre-existing contracts, leases, licenses, easements, encumbrances, and claims and is
made without warranty by Lessor of title, condition, or fitness of the land for the stated or intended purpose
7 RULES, REGULATIONS, AND TAXES
(a) Lessee shall comply with and be bound by all presently existing or subsequently enacted rules, regulations, statutes or
ordinances of the State Lands Commission or any Regulatory Agency. Occupancy or use of the Lease Premises provides no
exemption from applicable regulations including, but not limited to, federal, state, county and local regulations, regulations
promoting public health, safety, or welfare, building codes, zoning ordinances, and sanitation regulations Lessee expressly
acknowledges that Regulatory Agencies have jurisdiction over the Lease Premises unless such laws are in direct conflict with state
law or public trust principles
(b) Lessee understands and agrees that a necessary condition for the granting and continued existence of this Lease is that Lessee
obtains and maintains all permits or other entitlements Lessee expressly acknowledges that issuance of this Lease does not
substitute for, or provide preference in obtaining authorizations from other Regulatory Agencies
(c) Taxes
(1) In addition to the rent due under this Lease, Lessee accepts responsibility for and shall pay any and all real and personal
property taxes, including possessory interest taxes, assessments, special assessments, user fees, service charges, and other
charges of any description levied, unposed on, assessed, or associated with the leasehold interest, Improvements on the Lease
Premises, any business or activity occurring on the Lease Premises, the Lease Premises itself, or any portion thereof, levied by
any governmental agency or entity. Such payment shall not reduce rent due Lessor under this Lease and Lessor shall have no
liability for such payment
(2) In the event that this Lease commences, terminates or expires during a tax year, Lessee shall pay the taxes for the period of
such year during which this Lease was in effect
(3) Any and all taxes and assessments and installments of taxes and assessments required to be paid by Lessee under this Lease
shall be paid when due and the official and original receipt for the payment of such tax, assessment, or installment shall be
delivered to Lessor upon request
(4) Lessee shall indemnify and hold Lessor, the Lease Premises, and any Improvements now or hereafter located thereon, free
and harmless from any liability, loss, or Damages resulting from any taxes, assessments, or other charges required by this
Lease to be paid by Lessee and from all interest, penalties, and other sums unposed thereon and from any sales or other
proceedings to enforce collection of any such taxes, assessments, or other charges
8. INDEMNITY
(a) Lessee's use of the Lease Premises and any Improvements thereon is at Lessee's sole and exclusive risk
(b) In addition to any other obligation to indemnify Lessor as otherwise provided in this Lease, except to the extent caused by the
sole negligence and/or willful misconduct of the Lessor, Lessee shall indemnify, hold harmless, and, at the option of Lessor, defend
Lessor, its officers, agents, and employees from any and all Damages resulting from Lessee's occupation and use of the Lease
Premises. Lessee shall reimburse Lessor in full for all reasonable costs and attorneys' fees, specifically including, without
limitation, any Damages arising by reason of (1) The issuance, enjoyment, interpretation, Breach, or Default of this Lease, (2) The
challenge to or defense of any environmental review upon which the issuance of this Lease is based, (3) The death or mjury of any
person, or damage to or destruction of any property from any cause whatever in any way connected with the Lease Premises, or
with any of the Improvements or personal property on the Lease Premises; (4) The condition of the Lease Premises, or
Improvements on the Lease Premises, (5) An act or omission on the Lease Premises by Lessee or any person in, on, or about the
Lease Premises; (6) Any work performed on the Lease Premises or material furnished to the Lease Premises, (7) Lessee's failure to
comply with any material legal or other requirement validly imposed on Lessee or the Lease Premises by a Regulatory Agency
(c) The reimbursement provisions of this Paragraph 8 shall not apply to any claims, litigation, or other actions which may be
brought by either Lessee or Lessor against each other
(d) Nothing in this paragraph shall be construed as requiring that Lessor defend itself against all or any aspect of any challenge to
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this Lease or any associated environmental review However, Lessee may take whatever legal action is available to it to defend
this Lease or any associated environmental review against any challenge by a third party, whether or not Lessor chooses to raise a
defense against such a challenge
(e) Lessee shall notify Lessor immediately in case of any accident, injury, or casualty on the Lease Premises
9 INSURANCE
(a) Lessee shall obtain and maintain in full force and effect during the term of this Lease comprehensive general liability insurance
and property damage insurance, with such coverage and limits as may be reasonably requested by Lessor from tune to time, but in
no event for less than the sum(s) specified against any and all claims or liability arising out of the ownership, use, occupancy,
condition, or maintenance of the Lease Premises and all Improvements
(b) The insurance policy shall identify the Lease by its assigned number. The specific Improvements shall also be generally
identified, as well as their location on state owned property The coverage provided shall be primary and non-contributmg Lessee
shall keep such policy current Lessor shall be named as a "certificate holder" and/or an "additional interest" on the policy Lessee
shall provide Lessor with a current certificate of insurance at all tunes. At Lessor's request, Lessee shall provide a full copy of the
current insurance policy, along with any and all endorsements or other such documents affecting the coverage Lessor will not be
responsible for any premiums or other assessments on the policy
(c) The insurance coverage specified in this Lease shall be in effect at aII times during the Lease term and subsequently until Lessor
has either accepted all of the Lease Premises as improved or restored by Lessee as provided elsewhere in this Lease. Lessee shall
notify Lessor within five (5) business days if the insurance is canceled for any reason
10 SURETY BOND
(a) When required by Section 1 of this Lease, Lessee shall provide a surety bond or other security device acceptable to Lessor, for the
specified amount, and naming the State of California, California State Lands Commmssion 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, any modification of consideration, or to provide for inflation or other increased need for security The surety bond or
other security device may be increased on each fifth anniversary of the beginning date of this Lease Should Lessor fail to exercise
such right effective on any fifth anniversary, it may do so effective on any one (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 Ieast thirty (30) days' notice prior to the date ofthe Commission meeting
wherein the modification of the bond or security is considered, or thirty (30) days' notice prior to the effective date of the increase,
whichever provides more notice
(c) The surety bond or other security device shall be maintained in full force and effect at all times during the Lease term and
subsequently until Lessor has either accepted all of the Lease Premises as unproved or restored by Lessee as provided elsewhere in
this Lease. Lessee must first seek approval of Lessor before changing the type of security device used, or the bond holder.
11 ASSIGNMENT, ENCUMBRANCING OR SUBLETTING
(a) Lessee shall not either voluntarily or by operation of law, assign, transfer, mortgage, pledge, hypothecate or encumber this Lease
and shall not sublet the Lease Premises, in whole or in part, or allow any person other than the Lessee's employees, agents, servants
and invitees to occupy or use all or any portion of the Lease Premises without the prior written consent of Lessor, which consent
shall not be unreasonably withheld
(1) Notwithstanding the foregoing prohibition against transfer and assignment, the Lease may be transferred by Lessee if the
transfer is caused by the death of a spouse and the full interest of the deceased spouse is transferred to a surviving spouse, or the
transfer is caused by the dissolution of the marriage of Lessee and the full interest of one of the spouses is transferred to the
other spouse In the event of such a transfer, Lessor shall be notified in writing within 30 days of the transfer.
(2) Notice to Lessor of Successor Trustee(s)- In the event this Lease is held in trust, and the Lessee is a trustee thereof, the
substitution or succession of a new trustee shall not be an assignment or transfer for the purposes of this Paragraph. Lessee (and
by operation of law, any successor trustee) agrees to provide prompt notice to Lessor of any succession or substitution of trustee
in accordance with Paragraph 16(c) of General Provisions, no Iaer than sixty (60) days after the named trustee as appears on the
face of this Lease becomes unable or ceases to serve as trustee for any reason
(b) The following shall be deemed to be an assignment or transfer within the meaning of this Lease
Form51 16 (Rev. 10/14)
Page 6 of 12
(1) If Lessee is a business entity, any dissolution, merger, consolidation or other reorganization of Lessee, or the sale or other
transfer of substantially all the assets of Lessee If Lessee is a publicly traded entity, transfers of interests in Lessee shall not
constitute an assignment requiring the consent of Lessor
(2) If Lessee is a partnership, a transfer of any interest of a general partner, a withdrawal of any general partner from the
partnership, or the dissolution of the partnership
(c) If this Lease is for sovereign lands appurtenant to adjoining littoral or riparian land, Lessee shall not transfer or assign its
ownership interest or use rights in such adjoining lands separately from the leasehold rights granted herein without the prior written
consent of Lessor.
(d)_If_Lessee_desires_to-assign,_sublet_encumberorotherwise transfer all or any_portion of the Lease Premises, Lessee shall do all
of the following-
(1) Give not less than 90 days' prior written notice to Lessor,
(2) Provide the name, complete business organization, operational structure, and formation documents of the proposed
assignee, sublessee, secured third party, or other transferee, and the nature of the use of and interest in the Lease Premises
proposed by the assignee, sublessee, secured third party or other transferee
(3) Provide the terms and conditions of the proposed assignment, sublease, or encumbrance or other transfer;
(4) Provide audited financial statements for the two most recently completed fiscal years of the proposed assignee, sublessee,
secured party or other transferee, and provide pro forma financial statements showing the projected income, expense and
financial condition resulting from use of the Lease Premises, and
(5) Provide such additional or supplemental information as Lessor may reasonably request concerning the proposed assignee,
sublessee, secured party or other transferee
(6) Lessor will evaluate proposed assignees, sublessees, secured third parties and other transferees and grant approval or
disapproval according to standards of commercial reasonableness considering the following factors within the context of the
proposed use- the proposed party's financial strength and reliability, their business experience and expertise, their personal and
business reputation, their managerial and operational skills, their proposed use and projected rental, as well as other relevant
factors
(e) Lessor shall have a reasonable period of time from the receipt of all documents and other information required under this
provision to grant or deny its approval of the proposed party Lessor may reevaluate the rent, insurance and/or bond provisions of
this Lease, and may condition its approval of the proposed assignment, sublease, hypothecation, mortgage, or other transfer on the
party's acceptance of the new terms Lessee's rights stated in this paragraph shall apply regardless of whether the proposed
transfer coincides with aregular rent review period as stated in Section 3 Paragraph 3(c) above
(f) Lessee's mortgage or hypothecation of this Lease, if approved by Lessor, shall be subject to terms and conditions unposed by a
separately negotiated encumbrancing agreement
(g) Upon the express written assumption of all obligations and duties under this Lease by an assignee approved by Lessor, the
Lessee may be released from all liability under this Lease ansmg after the effective date of assignment and not associated with
Lessee's use, possession or occupation of or activities on the Lease Premises, except as to any hazardous wastes, substances or
materials as defined under federal, state or local law, regulation, or ordinance manufactured, generated, used, placed, disposed,
stored or transported on the Lease Premises during Lessee's tenancy
(h) If the Lessee files a petition or an order for relief is entered against Lessee, under Chapters 7, 9, 11 or 13 of the Bankruptcy Code
(11 USC Sect. 101, et seq ) then the trustee or debtor -in -possession must elect to assume or reject this Lease within sixty (60) days
after filing of the petition or appointment of the trustee, or the Lease shall be deemed to have been rejected, and Lessor shall be
entitled to immediate possession of the Lease Premises No assumption or assignment of this Lease shall be effective unless it is in
writing and unless the trustee or debtor -in -possession has cured all Defaults under this Lease (monetary and non -monetary) or has
provided Lessor with adequate assurances (1) that within ten (10) days from the date of such assumption or assignment, all
monetary Defaults under this Lease will be cured, and (2) that within thirty (30) days from the date of such assumption, all non -
monetary Defaults under this Lease will be cured, and (3) that all provisions of this Lease will be satisfactorily performed in the
future.
Form51 16 (Rev. 10/14)
Page 7 of 12
(i) In the event of any transfer or assignment, under this Paragraph 11 or by any other means authorized by this Lease, the Lease
terms shall be for the remaining years existing on the Lease prior to the transfer or assignment A transfer or assignment shall not
extend the term of this Lease.
12 DEFAULT AND REMEDIES
(a) Default
The occurrence of any one or more of the following events shall immediately and without further notice constitute a Default
of this Lease-
(1) Lessee's failure to make any payment of rent, royalty, or other consideration as required under this Lease; or
(2) Lessee's failure to obtain or maintain liability insurance or a surety bond or other security device as required under this
L-ease,-or
(3) Lessee's abandonment of the Lease Premises (including the covenant for continuous use as provided for in Paragraph 5(b))
during the Lease term, or
(4) Lessee's failure to obtain and maintain all necessary governmental permits or other entitlements; or
(5) The maintenance of the Lease Premises in violation of, or failure to comply with, any applicable provisions of any
Regulatory Agency, Environmental Law, or maintenance of the Lease Premises in a condition constituting nuisance, or
(6) Lessee's Failure to commence to construct and to complete construction of the Improvements authorized by this Lease
within the time limits specified in this Lease.
(7) Lessee is found to sublet or otherwise surrender daily management and control of the Lease Premises to a third party
without the knowledge, expressed written consent or authorization of the Lessor
(b) Lessee's failure to observe or perform any other term, covenant, or condition of this Lease when such failure shall continue for
a period of thirty (30) days after Lessor's giving wntten notice shall constitute a Default of this lease. However, if the nature of
Lessee's Default under this paragraph is such that more than thirty (30) days are reasonably required for its cure, then Lessee shall
not be deemed to be in Default if Lessee commences such cure within such thirty (30) day period and diligently proceeds with such
cure to completion.
(c) Should Lessee Breach any term, covenant, or condition of this Lease under Paragraph 12(b) above three (3) times in any three
hundred and sixty-five (365) day period, the third Breach will be a Default under this Lease and Lessor will be entitled to
immediately terminate this Lease, and take other appropriate action Lessor will provide written notice of each Breach as provided
above, and provide written notice that future Breaches will constitute immediate Default with no cure period.
(d) Remedies
In the event of a Default by Lessee and Lessee's failure to cure such Default if such a cure period is applicable, Lessor may
at any time and with or without notice do any one or more of the following in addition to any rights or remedies permitted by
law
(1) Re-enter the Lease Premises, remove all persons and property, and repossess and enjoy such premises, or
(2) Terminate this Lease and Lessee's right of possession of the Lease Premises by any lawful means The termination shall
not relieve Lessee of any obligation, monetary or otherwise, which has accrued prior to the date of termination Such
termination shall be effective upon Lessor's giving written notice and upon Lessee's receipt of such notice Lessee shall
immediately surrender possession of the Lease Premises to Lessor. Lessor shall be entitled to recover from Lessee all
amounts to which Lessor is entitled pursuant to Section 1951.2 of the California Civil Code, or any other provision of law,
including any necessary Repair, renovation, alteration, remediation, or removal of Improvements, or
(3) Maintain this Lease in full force and effect and recover any rent, royalty, or other consideration as it becomes due without
terminating Lessee's right of possession regardless of whether Lessee shall have abandoned the Lease Premises, subject to the
conditions imposed by Cal Civil Code § 19512, or
Form51 16 (Rev. 10/14)
Page 8 of 12
(4) Exercise any other right or remedy which Lessor may have at law or equity
(e) Determination of Rental Value
If rent under this Lease is calculated as a percentage of Lessee's income attributable to the Lease Premises and Lessee
abandons the Lease Premises during some or all of the applicable period, then the reasonable rental value shall be the
percentage of proceeds Lessor would have received had Lessee operated the Lease Premises in the usual and customary
manner
(f) Waiver of Rights
The failure or delay of either party to exercise any right or remedy shall not be construed as a waiver of such right or
remedy or any Breach by the other party Lessor's acceptance of any rent shall not be considered a waiver of any preexisting
Breach by Lessee other than the failure to pa the particular rent accepted regardless of Lessor's knowledge of the preexisting
Breach at the time rent is accepted.
13 RESTORATION OF LEASE PREMISES AND ENVIRONMENTAL MATTERS
(a) Restoration of Lease Premises
(1) Upon expiration or sooner termination of this Lease, Lessee must immediately surrender possession of the Lease
Premises to Lessor Prior to the time of surrender, Lessee must remove all or any Improvements together with the debris and
all parts of any such Improvements at its sole expense and risk, regardless of whether Lessee actually constructed or placed
the Improvements on the Lease Premises, or Lessor, at its sole and absolute discretion, may itself remove or have removed
all or any portion of such Improvements at Lessee's sole expense Lessor may waive all or any part of this obligation in its
sole discretion if doing so is in the best interests of the State.
(2) As a separate and related obligation, Lessee shall restore the Lease Premises as nearly as possible to the conditions
existing prior to the installation or construction of any Improvements For purposes of this Lease, restoration includes
removal of any landscaping, removal of any Hazardous Materials, and to the extent possible, undoing any grading, fill,
excavation, or similar alterations of the natural features of the Lease Premises. Lessor may waive all or any part of this
obligation in its sole and absolute discretion.
(3) Unless otherwise provided for in this Lease, Lessee shall submit to Lessor no later than one (1) year prior to the expiration
of this Lease either (a) an application and minimum expense deposit for a new lease for the continued use of the Lease
Premises, or (b) a plan for the restoration of the Lease Premises to be completed prior to the expiration of the lease term
together with a tnnehne for obtaining all necessary permits and conducting the work prior to the expiration of this Lease
(4) In removing any or all Improvements, or conducting any restoration work, Lessee shall be required to obtain any permits
or other governmental approvals as may then be required by any Regulatory Agency, including, without hinitation, any
Environmental Law
(5) Lessor may, upon written notice, in its sole and absolute discretion, accept title to any or all Improvements at the
termination of this Lease. Lessor shall notify Lessee that Lessor intends to take title to any or all Improvements within six
(6) months of Lessee submitting a plan for restoration under Paragraph 13(a)(3)(b) above. If Lessor elects to take title to
any such Improvements, Lessee shall deliver to Lessor such documentation as may be necessary to convey title to such
Improvements to Lessor free and clear of any liens, mortgages, loans, or any other encumbrances Lessor shall not pay, and
Lessee shall not be entitled to compensation for Lessor's taking title to such property
(b) Environmental Matters
(1) Lessee's Obligations.
(i) Lessee will not use, occupy, or permit arty portion of the Lease Premises to be used or occupied in violation of any
Environmental Law Lessee shall not manufacture or generate or store Hazardous Material on the Lease Premises unless
specifically authorized under other terms of this Lease
(ii) Lessee shall practice conservation of water, energy, and other natural resources
(in) Lessee shall notify Lessor and the appropriate governmental emergency response agency, or agencies immediately in
the event of any release or threatened release of any Hazardous Material.
(2) Lessor may at any time during the Lease term requu•e Lessee to conduct at its own expense and by a contractor approved
Form51.16 (Rev. 10/14)
Page 9of12
by Lessor an independent environmental site assessment or inspection for the presence or suspected presence of Hazardous
Material generated, used, placed, disposed, stored, or transported on the Lease Premises during the term of the Lease Lessee
shall provide the results of the assessment or inspection to Lessor and the appropriate governmental response agency or
agencies and shall further be responsible for removing or taking other appropriate remedial action regarding such Hazardous
Material in accordance with applicable Environmental Law
(3) Environmental Indemnity
Lessee shall indemnify, defend, and hold Lessor and Lessor's, officer, appointees, volunteers, employees, agents,
successors and assigns free and harmless from and against all Damages that may at any time be imposed upon, incurred by, or
asserted or awarded against Lessor in connection with or arising from any Breach of Lessee's obligations hereunder, or out of
any violation by Lessee of any Environmental Law, or resulting in the imposition of any lien or claim for the recovery of any
costs_forenKironmentaI cleanup or other response costs relating to the release or threatened release of Hazardous Materials on
the Lease Premises during the Lessee's tenancy This obligation shall include any prior leases between Lessor and Lessee and
will continue through any periods Lessee is in holdover, unlawful detainer, or any subsequent month -to -month tenancies
created by operation of law Lessee's obligations hereunder will survive the expiration or sooner termination of this Lease
(4) Violation of this section shall constitute grounds for termination of the Lease Lessor, shall notify Lessee when, in Lessor's
opinion, Lessee has violated the provisions of this section Lessee shall immediately discontinue the conduct and respond
within five (5) business days Lessee shall take all measures necessary to remedy the condition
14. QUITCLAIM
Lessee shall, upon the early termination of this Lease and at Lessor's request, execute and deliver to Lessor in a form provided by
Lessor a good and sufficient release of all rights under this Lease Should Lessee fail or refuse to deliver such a release, Lessor
may record a written notice reciting such failure or refusal. This written notice shall, from the date of its recordation, be
conclusive evidence against Lessee of the termination of this Lease and all other claimants
15. HOLDING -OVER
(a) This Lease shall terminate without further notice upon the expiration of the term of this Lease Lessee shall have removed
any Improvements and completed any restoration as required by Lessor prior to the expiration of this Lease, and shall surrender
possession of the Lease Premises. Any failure by the Lessee to remove Improvements, restore the Lease Premises, and/or
surrender possession of the Lease Premises at the expiration or sooner termination of this Lease shall not constitute a renewal or
extension and shall not give Lessee any rights in or to the Lease Premises or any part thereof except as expressly provided in this
Lease Lessee shall be deemed in unlawful detamer of the Lease Premises and Lessor shall be entitled to all resulting legal
remedies.
(b) Lessor may, in its sole discretion, choose to accept Rent for the Lease Premises instead of immediately taking legal action to
recover possession of the Lease Premises. Any tenancy created by operation of law on Lessor's acceptance of rent shall be
deemed a month -to -month tenancy regardless of what sum or sums Lessee delivers to Lessor Except as set forth below, any
subsequent tenancy created in this manner shall be on the same terms, covenants, and conditions set forth in this Lease insofar as
such terms, covenants, and conditions can be applicable to a month -to -month tenancy
(c) In recognition of the increased accounting, land management, and supervisory staff time required for month -to -month
tenancies, the rent for each month or any portion thereof during such holdover period may be an amount equal to one hundred fifty
percent (150%) of one -twelfth (1/12) of the total compensation for the most recent year paid. In the event this Lease does not
require monetary compensation, Lessor shall have the right to establish rent based on the fair market value of the Lease Premises
The month -to -month tenancy may be terminated by Lessee or Lessor upon thirty (30) calendar days' prior written notice to the
other
16. ADDITIONAL PROVISIONS
(a) Waiver
(1) No term, covenant, or condition of this Lease and no omission, neglect, Default or Breach of any such term, covenant or
condition shall be deemed to have been waived by Lessor's acceptance of a late or nonconforming performance or otherwise,
unless such a waiver is expressly acknowledged by Lessor in writing No delay or omission of Lessor to exercise any right or
power arising from any omission, neglect, Default or Breach of term, covenant, or condition of this Lease shall be construed
as a waiver or any acquiescence therein
(2) Any such waiver shall not be deemed to be a waiver of any other term, covenant or condition, of any successive Breaches
of the same term, covenant, or condition, or of any other Default or Breach of any term, covenant or condition of this Lease
Form51.16 (Rev 10/14)
Page 10 of 12
(b) Time
Tune is of the essence for 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 required under this Lease its consent for one transaction or event shall not be deemed to be a consent
to any -subsequent occurrence-ufthe-same-or-anyothertransaction-or-even
(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 enure to the benefit of the heirs,
successors, and assigns of the respective parties
(g) Joint and Several Obligation
If more than one Lessee is a party to this Lease, the obligations of the Lessees shall be joint and several
(h) Captions
The section and paragraph captions used in this Lease are for the convemence of the parties The captions are not controlling
and shall have no effect upon the construction or interpretation of this Lease
(i) Severability
If any term, covenant or condition of this Lease is determined by a court of competent jurisdiction to be mvalid or
unenforceable, the remainder of this Lease shall not be affected thereby, and each term and provision of this Lease shall remain
valid and enforceable to the fullest extent permitted by law
�) Representations
Lessee agrees that no representations have been made by Lessor or by any person or agent acting for Lessor. Lessor and Lessee
agree and acknowledge that this document contains the entire agreement of the parties, that there are no verbal agreements,
representations, warranties or other understandings affecting this Lease, and Lessor and Lessee, as a material part of the
consideration of this Lease, waive all clauns against the other for rescission, damages, or otherwise by reason of any alleged
covenant, agreement or understanding not contained in this Lease
(k) Gender and Plurality
In this Lease, the masculine gender includes both the femmme and neuter, and the singular number includes the plural whenever
the context so requires.
(1) SurvivaI of Certain Covenants
All covenants pertaining to bond, insurance, indemnification, restoration obligations, Breach, Default, and remedies shall
survive the expiration or earlier termination of this Lease until Lessee has fulfilled all obligations to restore the Lease Premises as
required by this Lease.
(m) Counterparts
This agreement may be executed in any number of counterparts and by different parties in separate counterparts Each
counterpart when so executed shall be deemed to be an original and all of which together shall constitute one and the same
agreement
(n) DeIegation of Authority
Lessor and Lessee acknowledge Lessor as defined herein includes the Commission Members, their alternates or designees, and
the staff of the Commission The ability of staff of the Commission to give consent, or take other discretionary actions described
herein will be as described in the then -current delegation of authority to Commission staff All other powers are reserved to the
Commission.
Form5l 16 (Rev 10/14)
Page 11 of 12
STATE OF CALIFORNIA - STATE LANDS COMMISSION
LEASE NO PRC
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-,essor_to_lease_the Leaser_emises_on_the_terms_and_con&tions_set-forthherem
IN WITNESS WHEREOF, the parties hereto have executed this Lease as of the date hereafter affixed
LESSEE:
CITY OFHUNTINGTON BEACH
A California municipal corporation
REVIE/S,7 ROVED
City a r
Date /S ZO/,-
LESSOR:
STATE OF CALIFORNIA
STATE LANDS COMMISSION
Title
Date
I _
= H
rr i
ACKNOWLEDGEMENT fi Z
This Lease was authorized by the "
California State Lands Commission on
(Month Day Year)
Form 51 16 (Rev 10/14)
Page 12 of 12
EXHIBIT A
W 26799
LAND DESCRIPTION
A strip of submerged land, fifty (50) feet in width, situate in Huntington Harbour, in the
City of Huntington Beach, County of Orange, State of California, the centerline of which
is more particularly described as follows:
BEGINNING at a point on the northeasterly line of Lot "A", as said lot is
shown and designated on that certain map of Tract No. 10004, filed in
Book 418 of Miscellaneous
Records of said County, sa
Maps at Pages 1 through 4, Official
d point distant 37.04 feet northwesterly
from the most easterly corner of said lot; thence North 48" 29" 23" East
430.00 feet to the terminus of said centerline.
The sidelines of said strip to be lengthened or shortened as to begin at the northeasterly
line of said Lot "A" and terminate at the southwesterly line of Tract No. 8636, filed in
Book 397 of Miscellaneous Maps at Pages 33 through 35, Official Records of said
County.
BASIS OF BEARING for this description is CCS 83 zone 6_ All distances are
grid distances.
END OF DESCRIPTION
Prepared 11/14/2014 by the California State Lands Commission Boundary Unit
NO SCALE SITE r
\ �'>✓ ti,', ' `\ I • , a r,-a•('"fit r; ` :.L• . ' ,.
,91
„� a `l•f ,.4i-•�46" \ +, 1t`ti..K" ,. 4`�,., 'i
LEASE PARCEL
\ (PROPOSED INSTALATION OF ,``;� 11, IN`�kr{R;' w�3'/•�'G<Gr c: �Y%c: �,
\ 14 INCH WATERLINE} r '� �� ^,`r �t f 'Sd" y"n ,� •.''_�
` 111 �, �, `` `4�-- - - �t / • fir, 1
,-N APN 178-023-15 \
00r APN 178-023-13 G*
+`'✓, �y-,•�, �t'� "':'��p' %� V{ ��;7,'f°iti
_ � cis~
s'1
ip��`�^� j7�:Q4 it�IY�t �� L• ht � \ % \
.•.�s„�"� t},- ��',rt?'�S � �l, sue.`
HUNTINGTON HARBOUR CHANNEL, BETWEEN GRIN) AUD LANE AND TYPHOON LANE
NO SCALE, - LOCATION
MAP SOURCE. USGS QUAD
'flits Exhibit it, bololy for purposes of generally defining the lease premises, is
based on unverified infonnation provided by the Lessee or other parties and is
not intended to be, nor shall it be convtrued as, a waiver of limitation of any State
interest in the subject os any other property
Ts i
Exhibit B
W 26799
CITY OF HUN1'1 NGTON
BEACTi
AM 178-021-04,13 & 15
GIiNERAL LEASH, -
PUBLIC AGENCY USE
EXHIBIT C
CALIFORNIA STATE LANDS COMMISSION
MITIGATION MONITORING PROGRAM
SUNSET/HUNTINGTON HARBOR MAINTENANCE DREDGING AND
WATERLINE INSTALLATION PROJECT
(State Clearinghouse No 2014081072)
The Cali ornla Sate Lis Commission (Commission)is a responsible agency unde
the California Environmental Quality Act (CEQA) for the Sunset/Huntington Harbor
Maintenance Dredging and Waterline Installation Project (Project). The CEQA lead
agency for the Project is Orange County This Mitigation Monitoring Program (MMP) is
for the Waterline portion of the Project being implemented by the City of Huntington
Beach. A separate MMP is applicable to the Maintenance Dredging portion of the
Project being implemented by the County of Orange.
In conjunction with approval of this Project, the Commission adopts this MMP for the
implementation of mitigation measures for the portion(s) of the Project located on
Commission lands The purpose of a MMP is to discuss feasible measures to avoid or
substantially reduce the significant environmental impacts from a project identified in an
Environmental Impact Report (EIR) or a Mitigated Negative Declaration State CEQA
Guidelines section 15097, subdivision (a), states in part-'
In order to ensure that the mitigation measures and project revisions identified in the
EIR or negative declaration are implemented, the public agency shall adopt a
program for morntormg or reporting on the revisions which it has required in the
project and the measures it has imposed to mitigate or avoid significant
environmental effects A public agency may delegate reporting or monitormg
responsibilities to another public agency or to a pnvate entity which accepts the
delegation, however, until mitigation measures have been completed the lead
agency remains responsible for ensuring that implementation of the mitigation
measures occurs in accordance with the program.
The lead agency has adopted a MMP for the whole of the Project (see Exhibit C,
Attachment C-1) and remains responsible for ensuring that implementation of the
mitigation measures occurs in accordance with its program The Commission's action
and authority as a responsible agency apply only to the mitigation measures listed in
Table C-1 below Mitigation measures included in the lead agency's MMP for impacts
not within the Commission's jurisdiction have been omitted from the Commission's
MMP. Any mitigation measures adopted by the Commission that differ substantially
from those adopted by the lead agency are shown as follows:
• Additions to the text of the mitigation measure are underlined; and
• Deletions of the text of the mitigation measure are shown as eeut or as
otherwise noted
The State CEQA Guidelines are found at California Code of Regulations, Title 14, section 15000 et seq
April 2015 Page C-1 (of 3) Sunset/Huntington Harbor
Maintenance Project
Exhibit C — CSLC Mitigation Monitoring Program
Table C-1. Project Impacts and Applicable Mitigation Measures.
�
Difference`�Betw��'e ri the
�`
Pot�ntia! Irripact
Mitigation Measur (IYIM�)2
W-IVI�VIs
;�+C,ommission"s MMs and
s`
�Lx
Air Quality
AQ-5, Air Quality
None
Air Quality
AQ-6, Air Quality
None
Biological Resources
BIO-2, Biological Resources
None.
_Biolo ical_Resour_ces
81O-3,_Biolo jcal Resources
None _
Cultural Resources
CR-1, Cultural Resources
Language was added to
identify the Commission's
interest in archaeological/
historical resources identified
during the Project (see
modification below).
Cultural Resources
CR-2, Cultural Resources
Language was added to
identify the Commission's
interest in paleontological
specimens identified during
the Project (see modification
below)
Geology/Soils/Seismicity
GEO-1, Geolo /Soils/Seismici
None
Geology/Soils/Seismicity
GEO-2, Geology/Soils/Seismicity
None
CR-1 Prior to the issuance of any construction permits, project plans will specify
that if buried cultural resources —such as flaked or ground stone, historic debris,
building foundations, or non -human bone —are inadvertently discovered or
suspected during ground -disturbing activities, work will stop in that area and
within 100 feet of the find until a qualified archaeologist can assess the
significance of the find and, if necessary, develop appropriate treatment
measures Treatment measures typically include development of avoidance
strategies, capping with fill material, or mitigation of impacts through data
recovery programs such as excavation or detailed documentation No monitoring
or other actions would be required if resources are not inadvertently discovered
or suspected The final disposition of archaeological and historical resources
recovered on State lands under the jurisdiction of the State Lands Commission
must be approved by the Commission
CR-2 Prior to the issuance of any construction permits, project plans will specify
that a qualified paleontologist will be contacted in the event that potential
paleontological resources are discovered or suspected Treatment measures
may include monitoring by a qualified paleontologist during further construction -
related ground -disturbing activities if paleontological resources are discovered
The qualified paleontological monitor will retain the option to reduce monitoring if,
in his or her professional opinion, the sediments being monitored were previously
disturbed Monitoring may also be reduced if the potentially fossdiferous units,
2 See Attachment C-1 for the full text of each MM taken from the MMP prepared by the CEQA lead
agency
April 2015 Page C-2 (of 3) Sunset/Huntington Harbor
Maintenance Project
Exhibit C — CSLC Mitigation Monitoring Program
previously described, are not present or, if present, are determined by qualified
paleontological personnel to have a low potential to contain fossil resources No
monitoring or other actions would be required if resources are not inadvertently
discovered or suspected
The monitor will be equipped to salvage fossils and samples of sediments as
they are unearthed to avoid construction delays and will be empowered to
temporarily halt or divert equipment to allow removal of abundant or large
specimens Recovered specimens will be prepared to a point of identification
-and-permanent preservation including washing-ofsediments-tosecov-eLs-m—all,
invertebrates and Design engineer, construction contractor and qualified
paleontologist vertebrates Specimens will be curated into a professional,
accredited museum repository with permanent retrievable storage The final
disposition of paleontological resources recovered on State lands under the
jurisdiction of the State Lands Commission must be approved by the
Commission A report of findings, with an appended itemized inventory of
specimens, will be prepared and will signify completion of the program to mitigate
impacts on paleontological resources
April 2015 Page C-3 (of 3) Sunset/Huntington Harbor
Maintenance Project
ATTACHMENT C-1
Mitigation Monitoring Program Adopted by the
my-oUO
ATTACHMENT C-1
County of orange &Pity of Huntington
Mitigation Monitoring and Reporting Program Summary
Mitigation
Measure/
Condition of
Responslbliltyfor Responsibility
Approval No. Mitigation Measure/Condition of Approval
Implementation Timing for Monitoring
LAIR QUALITY
Pdorto initiation ofany dredging/grading activity, the applicant shall provide proof
Construction Prlorto Director of OC
of compliance for the following requirements
contractor construction Parks or his/her
designee
AQ-1 During construction, the project applicant shall ensurethat all on -road heavy-duty
diesel trucks with a gross vehicle weight rating of 19,500 pounds or greater used at
the projectsite will comply with EPA 2007 on -road emission standards for PM10
and NOX (0 01 gram perbrake horsepower -hour ig/bhp-hrj and 0 20 g/bhp-hr,
respectively)
AQ-2 During construction, the project applicant shall ilmltthenumber ofdredged
Construction During SCAQMD
contractor construction
AQ-3 During construction associated with any use of the cutter/suction dredger, the
Construction During SCAQMD
contractor construction
project applicant shall ensure that tugboats used for scow movement during
dredging activities will be equipped with an EPA Tier 3 engine or cleaner If scow
AQ74 During construction, the project applicant shall ensure that the main pump engine
Construction During SCAOMD
on the cutter/suction dredger is equipped with an EPAT1er3 engine or cleaner
contractor construction
AQ-5 During construction, the project applicant shall ensure that Maintenance Dredging
Construction During SCAQMD
contractor construction
will not occur on the same day as Waterline Installation pipe laying (barge and
workboat) or landslde concrete work (concrete truck, paving, and roller) Barge
activities would occur for an estimated five days concrete work would occur for
AQ-6 During construction, the project applicant shall implement the following measures
Construction During SCAQMD
contractor construction
e Haul and dellverytruck idiingtimes shall be minimized either by shutting
equipment off when not in use or reducing the maximum Idlingtime to less
Sunset/Huntington Harbour Maintenance Dredging
November 2014
and Waterline Installation Protect 1
ICF0028913 &
Initial Study/Mltlgated Negative Declaration IP 14-148
0D49113
Page 1 of 9
City of Huntington Beach
Mitigation
Measure/
Condition of
Approval No Mitigation Measure/Condition of Approval Responsibility for Responsibility
Implementation Timing for Monitoring
measure, 13 CCR 2485) Clear signage shall be provided for construction
workers and construction vehicles at all access points
• All construction equipment shall be maintained and properly tuned in
accordance with manufacturer's specifications All equipment shall be checked
by a certified mechanic and determined to be running in proper condition prior
to operation
a Consolidate truck deliveries when possible
r'.B1OLOGICAURESOURCES , b r' ' r. 'S, - `i Y °'; 7 4'� i a ' it 4 ?y Ott% f} 4y r
.fir- yr`.s ..3. `
BIO-1 Prior to commencement of dredging activities, Eelgrass surveys will be conducted,
and again after dredging Is completed, consistent with the timing requirements
listed In the Southern California Eelgrass Mitigation Policy (NMFS 1991 as amended)
for review and approval by the Resource Agencies All existing and potential
eelgrass habitat loss will be restored at a ratio of 112 and 11, respectively, or via
other measures as approved by the appropriate regulatory and resource agencies
Eelgrass will also be transplanted Into the mitigation site from approved donor sites
and monitored by qualified biologists for 5 years to ensure success Yearly
monitoring reports will be filed with resource agencies, the USACE, and the
California Coastal Commission If yearly criteria are not met, then a replant will be
conducted The amount to be replanted is based upon a formula that takes into
accountthe area and/or density deficiencies (NMFS 1991 as amended)
BIO-2 Buoys will be deployed to areas of eeigrass habitat to avoid these areas outside of
the project area Floating booms and silt curtains will be used to contain any
possible spills, debris, and sediment plumes
BIO-3 Aqualified biologist will be on site during construction activities to monitor for the
presence of wildlife and sensitive species in particular The biologist will have the
authority to halt construction when Wildlife Is observed within 1DD meters of the
dredge zone Work crews will be briefed on how to identify sea turtles, marine
mammals and other special status species that would be expected to occur within
and around the project area The biological monitor will prepare incident reports of
Qualified biologist Priorto USACE, CCC,
construction CDFW
and after
construction
Construction During
contractor construction CDFW
Qualified biologist During USACE, CCC,
construction CDFW
Sunset/Huntlngton Harbor Maintenance Dredging November 2014
and Waterline Installation Project 2 1CF0028913 &
Initial Study/Mitigated Negative Declaration IP 14-148 M 491ali
Page 2 of 9
City of Huntington Beach
Mitigation Monitoring and Reporting Program
Mitigation
Measure/
Condition of
Approval No. Mitigation Measure/Condition of Approval Resoonsibllity for Timing Responsibility
any observed sea turtle activity and will provide such reports to California
Department of Fish and Wildlife (CDFW) and the National Marine Fisheries
Service (NMFS) within 24 hours of an observation Work vessels movingto and
from the project site will comply with a 5 miles per hour (mph) speed limit As
work vessels approach and leave Sunset Harbor and Huntington Harbor, a
recommended speed limit of 10-13 knots will be in place In the event of a vessel
collision with a marine mammal or sea turtle, the County will immediately contact
the NMFS Southwest Regional Office's Stranding Coordinator and CDFW, and will
submit a report to the NMFS within 24 hours This measure will mitigate Impacts
to other species of wlldlffe as well
BIO-4 Priorto the Issuance of construction permits, the County will conduct the following
surveys subjectto review by the CDFW, United States Federal Wildlife Service,
and the United States Navy
• A pre -construction plpellne route survey A qualified biologist Will accompany
County of Orange staff and engineering consultants to Identify sensitive
wildlife habitat and to recommend a pipeline route that avolds Impacts to
sensitive vegetation, wildlife habitat, and potential Western snowy plover
nesting habitat. This survey will be conducted within 30 days of pipeline
Installation start and will be submitted to the County within five days of
completion If It Is not possible for the pipeline route to avoid the backshore
area and the pipeline is to be in place during the Western snowy plover
nesting season (March through September), then two additional surveys will
be required
o A focused pre-constructlon nesting bird survey A qualified biologist will
conducta nesting bird surrey within 100 meters ofthe pipeline corridor
five days priorto the start of pipeline Installation
o A focused post-constructlon nesting bird survey A qualified biologist will
conduct a nesting bird surrey within five days of pipeline removal to
determine If any nesting birds may be Impacted by pipeline removal If it is
determined that nesting birds are present, then the pipeline shall remain
in place until nesting activity Is no longer observed
Sunset/Huntington Harbor Maintenance Dredging
and Waterline Installation Project
Initial Study/Mitigated Negative Declaration IP 14-148
Qualifled biologist Prior to USAGE, CCC,
construction CDFW
and after
construction
Nbvamber M14
ICF 0029913 &
0049113
Page 3of9
City of Huntington Beach Mitigation Monitoring and Reporting Program
Mittgatlon
Measure/
Condition of
Res onsibilityfor Responsibility
Approval
No Mitigation Measure/Condition of Approval
r
implementation Timing for Monitoring
810-S Should pipeline construction, operation, or post -project demobilization occur
Qualified biologist Prior to USACE,
during the grunion spawning season (as deflned by the California Department of
construction, CCC, CDFW
Fish and Wildlife grunion calendar), the County of Orange shall prepare and
during
Implement a beach nourishment grunion habitat protection plan to include
construction,
1 Temporal BMPs, such as avoidance of known spawning area during grunion
runs to avoid disturbances to grunion spawning activity and to minimize
damage to grunion spawning habitat,
2 Conduct pre -construction monitoring surveys within 3 weeks of proposed
construction to determine the potential for grunion to use Surfside-Sunset
beaches during beach nourishment activities,
3 Conduct grunion monitoring during known grunion run periods while beach
nourishment activities are in progress to assess if specific areas ofthe beach
are being Impacted,
4 1 mplement avoidance measures, If feasible, to minimize Impacts to specific
areas ofthe beach if construction -period spawning is observed, and
S Conduct post -beach nourishment grunion spawning success monitoring
surveys at any sites on Surfside-Sunset beaches that appear to be impacted by
beach nourishment activity The survey will be conducted during the first
grunion run following completion ofthe nourishment activities The survey
results will be included in a report that be submitted to the County of Orange,
the National Marine Fisheries Service, Californla Department of Fish and
Wildlife, and California Coastal Commission within 30 days afterthe grunion
run
BIO-6 One week prlorto commencement of any landside project -related activities within
the breeding/nesting season (February 15 through September 15), the applicant
will retain a qualified biologist to conduct preconstruction nesting bird surveys to
determine whether nests are present In or around the proposed project area If a
nest Is found, an appropriate buffer will be established by the qualifled biologist
No construction or other activities will be allowed to occur within the buffer until
the young have fledged or the nest becomes inactive The results ofthe
and after
construction
Qualified biologist Prior to CCC, COFW
Construction
Sunset/Huntington Harbor Maintenance Dredging November 2014
and Waterline Installation Project 4 ICF 0028913 &
Initial study/Mltlgated Negative Declaration IP 14-148 0D491J3
Page 4 of 9
City of Huntington Beach Mitigation Monitoring and Reporting Program
Mitigation
Measure/
Condition of
Approval Responsibility for Responsibility
No Mitigation Measure/Condition of Approval Implementation Timing for Monitoring
preconstruction nesting bird survey will be provided to the City of Huntington
Beach Planning and Building Department, prior to issuance of Clty permits
CULTURAL RESOURCES
CR-1 Prior to the Issuance of any construction permits, project plans will specify that if
burled cultural resources —such as flaked or ground stone, historic debris, building
foundations, or non -human bone —are inadvertently discovered or suspected
during ground -disturbing activities, work will stop In that area and within 100 feet
of the find until a qualified archaeologist can assess the significance of the find and,
If necessary, develop appropriate treatment measures Treatment measures
typically include development of avoidance strategies, capping with fill material,
or mitigation of Impacts through data recovery programs such as excavation or
detailed documentation No monitoring or other actions would be required If
resources are not inadvertently discovered or suspected
CR-2 Prior to the Issuance of any construction permits, project plans will specify that a
qualified paleontologist will be contacted in the event that potential
paleontological resources are discovered or suspected Treatment measures may
include monitoring by a qualified paleontologist during further construction -
related ground -disturbing activities if paleontological resources are discovered
The qualified paleontological monitor will retain the option to reduce monitoring
If, in his or her professional opinion, the sediments being monitored were
previously disturbed Monitoring may also be reduced If the potentially
fossiliferous units, previously described, are not present or, if present, are
determined by qualified paleontological personnel to have a low potential to
contain fossil resources No monitoring or other actions would be required if
resources are not Inadvertently discovered or suspected.
Design engineer, Prior to CCC, CSLC
construction construction
contractor and and during
qualified construction
archaeologist
Design engineer, Prior to CCC, CSLC
construction construction
contractor and and during
qualified construction
paleontologist
The monitor will be equipped to salvage fossils and samples of sediments as they
are unearthed to avoid construction delays and will be empowered to temporarily I
halt or divert equipment to allow removal of abundant or large specimens
Recovered specimens will be prepared to a point of identification and permanent
Sunset/Hundngton Harbor Maintenance credging November2014
and Waterline Installation Project 5 Iff 00289 13 &
Initial Study/Mitigated Negative Declaration IP 14-148 0049L13
Page 5 of 9
city of Huntington Beach Mitigation Monitoring and Reporting Program
Mitigation -
Measure/
Condition of
Approval Responsibility for Responsibility
No Mitigation Measure/Condition of Approval Implementation Timing for Monitoring
vertebrates Specimens will be curated Into a professional, accredited museum
repository with permanent retrievable storage The final disposition of
paleontological resources recovered on State lands underthe lurlsdictlon of the
State Lands Commission must be approved by the Commission A reportof
findings, with an appended Itemized Inventory ofspecimens, will be prepared and
will signify completion ofthe program to mitigate Impacts on paleontological
resources
' GEOLOGY/SOILS/SEiSMIC1TY
L.._..w.a,.iu./SOI- _...MICIT
GEO-1 Duringflnal design, the applicant's design engineer will ensure that all design
criteria and specifications set forth in Section 4 3 "Miscellaneous Design and
Construction Standards" of the Geotechnical Report (Appendix C) will be
Incorporated Into the final design Prior to the issuance of a Public Works
Encroachment Permit, the City of Huntington Beach Public Works Department
must receive a completed copy of the Geotechnical Reportand will verify that such
measures have been incorporated on the appropriate engineering plans and
documents
At a minimum the recommendations will Include the following measures
• Use flexible couplings, such as gasketed joints or other means, to prevent
damage due to settlement of the pipe
• Place bedding material at least 12 inches below the Invert of new piping
and extend overthe top of the pipeline
• Backfill thrust block excavations with granular material in accordance with
Section 4 6, "Site Preparation and Earthwork" of the Geotechnical Report
Design engineer Final design City of
and Construction and during Huntington
Contractor construction Beach Public
Works Engineer
GEO-2 During final design, the applicant's Civil Engineer, In consultation with the Manager, Design engineer Final design RWQCB
OC Watersheds, shall design the dewatering system and ensure that a specialty and Construction and during
dewatering contractor shall install the dewateringsystem The system shall include Contractor construction
a tight shoring system and make use of a sump pump to remove Water from the
bottom of excavation The following procedures also shall be Implemented by the
contractor
• Monitoring wells shall be Installed outside of the excavation on all sides to
monitor the Impact of dewatering to the groundwater,
• Existing structures in the vicinity of the planned excavation shall be evaluated
Sunset/Huntington Harbor Maintenance Dredging November 2014
and Waterline Installation Project 6 ICF 00289 13 &
InitlaI study/Mitigated Negative Declaration I 14-148 0049113
Page 6 of 9
County of Orange
City of Huntington Beach Mitigation Monitoring and Reporting Program
Mitigation
Measure/
Condition of
Approval Responslblllty for Responsibility
No Mitigation Measure/Conditlon of Approval implementation Timing for Monitoring
with regard to the foundation type and potential for settlement,
Settlement monuments shall be provided to monitor any settlement -sensitive
structures,
Provide an alarm system to notify the contractor should the pumps turn off,
Dispose of groundwater in accordance with the guidelines of the Regional
Water Quality Control Board
i;HYDROLOGYAND WATER'QUALrfY - : i` s : x"-r'* _'T >nF„N..." 1" .;ri „'t'e
IT, .. .... <^' 3 rni-.1 ,.r..'s
HYD-1 Prior to initiation of any grading or dredging activities, the applicant is required to OC Parks
receive approval from the Santa Ana Regional Water Quality Control Board for
coverage under a 401 Certification The 401 Certification will Include conditions
Involving Implementation of measures to reduce potential Increases In
sedimentation, turbidity, and other Impacts associated with maintenance dredging
activities
HYD-2 During dredging/grading activities, the applicant will Include the use of a silt curtain Construction
or silt fence system during dredging, when turbidity exceeds specified turbidity contractor
limits The system must be placed so as to confine the disturbed waters within the
area The system will be lined with bright orange buoys to create a visual detour
barrier for boatingtrafnc during construction The silt curtains will remain in -place
until the disturbed sediment has resettled and will be stabilized within the channel
bed
HYD-3 Turbidity will likely result from placement of dredge material in the Surfside/Sunset Construction
Beach surfzone The effects of turbidity will be mitigated by appropriate turbidity contractor
monitoring methods This involves a qualitative monitoring program (dally
observations from a higher vantage point) and supplemented by a quantitative
program If necessary If visual monitoring (qualitative monitoring) Indicates
significant turbidity greater than ambient one-half mile from the discharge site
(either offshore or down coast) for two consecutive days, then the monitor will
Prior to RWQCB, USACE
grading/
construction
During RWQCB
construction
During RWQCB
construction
Sunset/Huntington Harbor Maintenance Dredging November 2014
and Waterline Installation Project 7 ICF 00289 33 &
Initial Study/Mitigated Negative Declaration IP 14-148 00491 23
Page 7 of 9
City of Huntington Beach Mitigation Monitoringand Reporting Program
Mitigation
Measure/
Condition of
Approval Responsibility for Responsibility
No MltlgationMeasure/Condition of Approval Implementation Timing for Monitoring
• Evaluate the effectiveness of discharge site BMPs and opportunities to modify
shore placement methods to further reduce sediment discharge during periods
ofstrong longshore movement,
• Record and Implement the necessary modifications to the BMPs,
• Notify the Santa Ana Regional Water Board and USACE contacts by telephone
or email, and
• The discharger will comply with any measures identified by the RWQCB, in
consultation with other responsible agencies, as appropriate, to mitigate
project -related turbidity, Including modifying or halting discharge
Ifslgnlflcant turbidity persists on the third day, the monitor will commence the
quantitative monitoring program
!NOISE
NOI-1 Prior to initiation of any dredging or grading activity , the project proponent
Construction Prior to Director of OC
shall produce evidence acceptable to the Orange County Manager of Permit
contractor construction Parks or his/her
Services that
designee
(1) All construction vehicles or equipment, fixed or mobile, operated within 1,000'
of a dwelling unit shall be equipped with properly operating and maintained
mufflers
(2) All operations shall comply with Orange County Codified Ordinance Division
6 (Noise Control)
(3) Stockpiling and/or vehicle staging areas shall be located as far as practicable
from dwellings
TRANSPORTATION/TRAFFIC
M3:
TR-1 • Prior to the Issuance of construction permits, the construction contractor will Construction Prior to OC Parks
develop a Construction Management Plan to be approved by OC Parks that contractor construction
will Include the following measures
• Designate traffic control for any street closure, detour, or other disruption to
traffic circulation
Sunset/Huntington Harbor Maintenance Dredging November 2014
and Waterline Installation Project B ICF 0028913 &
Initial Study/Mltlgated Negative 0eciaration IP 14-148 o049U3
Page 8 of 9
of Huntington Beach
Mitigation Monitoring and Reporting Program
Mitigation
Measure/
Condition of
Approval Responsibilityfor Responsibility
No Mitieation Measure/Condition of Aooroval implementation Timing for Monitoring
• Identify the routes that constructlon vehicles will utilize for the delivery of
construction materials (i e , lumber, tiles, piping, windows), site access, traffic
controls and detours, and a proposed construction phasing plan for the project
• Specify the hours during which transport activities can occur and methods to
mitigate construction -related Impacts on adjacent streets
• Require the contractor to keep all haul routes clean and free of debris Including,
but not limited to, gravel and dlrt as a result of Its operations The applicant will
clean adjacent streets, as directed by OC Parks, of any material that may have
been spilled, tracked, or blown onto adjacent streets or areas
• Allowtruck hauling ortransport of oversize loads between the hours of9 a m
and 3 p m, only, Monday through Friday, unless approved otherwise by OC
Parks No truck hauling or transport will be allowed during nlghttime hours,
weekends, or federal holidays
TR-2 Prior to the commencement of construction activities, the City will notify and Construction Prior to City of
coordinate with the emergency service providers, Including but not limited to the contractor Construction Huntington
OC Sheriff Harbor Patrol, U S Navy, and HBFD, of the main channel closure at least Beach
three weeks In advance of the activity
sunset/Huntington Harbor Maintenance Dredging November2014
and Waterline Installation Project 9 ICF 00289 13 &
Initial Study/Mltlgated Negative Declaration IP 14-148 0049L13
Page 9 of 9
City of Huntington Beach
2000 Main Street ♦ Huntington Beach, CA 92648
(714) 536-5227 ♦ www.huntingtonbeachca.gov
Office of the City Clerk
Joan L. Flynn, City Clerk
June 23, 2015
California State Lands Commission
ATTN Ken Foster, Public Lands Manager
100 Howe Ave, Suite 100-South
Sacramento, CA 95825-8202
Dear Ms Hall
Enclosed are two originals of "Lease Agreement" for the Huntington Harbour Waterline
Project
Upon complete execution, please return an original to us Please mail the document to
Joan L Flynn
City Clerk
2000 Main Street
Huntington Beach CA 92648
Feel free to contact me if there are any questions or concerns at (714) 536-5404
Thank you very much for your assistance
Sincerely,
6&e.44*010'
Joan L Flynn, CIVIC
City Clerk
JF pe
Enclosure
Sister Cities Anjo, Japan ♦ Wartakere, New Zealand
Esparza, Patty
From:
Ferrigno, Andrew
Sent:
Monday, June 22, 2015 1 24 PM
To:
Esparza, Patty
Cc:
Lee, Duncan
Subject:
FW CSLC Contact, Huntington Harbour Dredging and Water Pipeline Installation
Patty,
Please send correspondences concerning the Huntington Harbour Dredging and Pipeline Project to Kenneth Foster
Attached is Kenneth's contact information
Andy
Andrew Ferrigno
Senior Civil Engineer
City of Huntington Beach
714-536-5291
From: Foster, Kenneth@SLC[maiIto: Kenneth. Foster()slc.ca.gov]
Sent: Monday, June 22, 2015 12:46 PM i
To: Ferrigno, Andr 1\
Subje CSLC Contact, Huntington Harbou redginci and Water Pipeline Installation
i Andy,
Please send items to my attention to the following address
California State Lands Commission
100 Howe Avenue, Suite 100 South
Sacramento, CA 95825
Thanksi
Ken Foster
Public Land Manager
California State Lands Commission
100 Howe Avenue, Suite 100 South
Sacramento, CA 95825
(916)574-2555
From: Ferrigno, Andrew [mailto:AFerriono(-asurfcity-hb.org]
Sent: Monday, June 22, 2015 12:19 PM
To: Foster, Kenneth@SLC
Subject: CSLC Contact, Huntington Harbour Dredging and Water Pipeline Installation.
Ken,
Can I get your address. The City Clerk has a signed agreement that needs to be mailed to you
Thanks,
Andy
Andrew Ferrigno
Senior Civil Engineer
City of Huntington Beach
714-536-5291
From: Garvey, Kimberly[maiIto: kgarvey0moffattrnchol.com]
Sent: Monday, June 22, 2015 12:08 PM
To: Ferrigno, Andrew
Subject: FW. CSLC Contact
Found the email with Ken's contact info right after I hung up the phone See below
From: Oetzel, Donn@SLC [maiIto: Donn.OetzeWslc.ca.gov]
Sent: Thursday, May 28, 2015 4:03 PM
To: Brodeur, Susan
Subject: Automatic reply. CSLC Hearing
Please be advised that Donn Oetzel has retired from the State Lands Commission effective May 7,
2015
Please contact Ken Foster at 916-574-2555 or kenneth fosterer-slc ca gov with any inquiries elated to
projects you have been working on with Donn
Thank your