HomeMy WebLinkAboutCalifornia State Lands Commission - 2015-07-20STATE OF CALIFORNIA EDMUND G BROWN JR , Governor
CALIFORNIA STATE LANDS COMMISSION
100 Howe Avenue, Suite 100-South
Sacramento, CA 95825-8202
1� J
Joan L Flynn
City Clerk
2000 Main St
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) 574-1900
Contact FAX: (916) 574-0994
File Ref PRC 9228 9
Subject General Lease — Public Agency Use; City of Huntington Beach
Dear Ms Flynn
Enclosed is your fully executed lease, PRC 9228 9, for two water pipelines
located adjacent to the Bolsa Chica Ecological Reserve, Orange County
Our Accounting Office will be notifying you regarding a refund due or balance
outstanding on this project within ninety (90) days from the date of this letter
The Commission appreciates your cooperation and patience in helping to
complete this transaction Please feel free to write or call if you have any questions
Sincerely,
Wendy Halp
Public Land Management Specialist
Enclosures
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 110-016-22,163-271-14
County Orange
SPACI ABOVF THIS I INI I OR RECORDER'S USE
W 26784
LEASE NO. PRC
This Lease consists of this summary and the following attached and incorporated parts.
Section 1 Basic Provisions
Section 2 Special Provisions Amending or Supplementing Section 1 or 3
Section 3 General Provisions
Exhibit A Land Description
Exhibit B Site and Location Map
Exhibit C-1 Staging Area
Exhibit C-2 Egress/Ingress
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 I00-South, Sacramento,
California 95825-8202), pursuant to Division 6 of the Public Resources Code and Title 2, Division 3 of
the California Code of Regulations, and for consideration specified in this Lease, does hereby lease,
demise, and let to the City of Huntington Beach, hereinafter referred to as Lessee, those certain lands
described in Exhibit A, and as illustrated in Exhibits B, C-1, and C-2, hereinafter referred to as Lease
Premises, subject to the reservations, terms, covenants, and conditions of this Lease
MAILING ADDRESS: City of Huntington Beach
Public Works Department
2000 Main St.
Huntington Beach, CA 92648
LEASE TYPE: General Lease — Public Agency Use
LAND TYPE: Sovereign
LOCATION: Within the Bolsa Chica Lowlands Restoration Project (BCLRP) area,
Orange County, as described in Exhibit A attached and by this reference made a part hereof.
LAND USE OR PURPOSE: Temporary construction access at Graham Street and on the eastern
boundary berm (berm) of the BCLRP, and one temporary staging area between the back berm of the
BCLRP and the residential area of Bates Circle, as described in Exhibits C-1 and C-2 respectively
attached and by this reference made a part hereof Post construction restoration of temporary access and
staging areas
Construction, use and maintenance of two 8-inch diameter water pipelines, approximately 335 feet long
and 430 feet long, respectively, between the eastern boundary berm (berm) of the BCLRP and the
adjacent residential area, for connectivity with existing water main lines
TERM: Construction access and staging area (Exhibits C-1 and C-2) 5 years, beginning September
15, 2015, ending September 14, 2020, unless sooner terminated as provided under this Lease
Two water pipelines (Exhibit B) 25 years, beginning September 15, 2015, ending September 14, 2040,
unless sooner terminated as provided under this Lease
CONSIDERATION: The public use and benefit with the State reserving the right at any time to set a
monetary rent if the Commission finds such action to be in the State's best interests Subject to
modification by Lessor as specified in Paragraph 3(c) of Section 3 - General Provisions
AUTHORIZED IMPROVEMENTS:
X TO BE CONSTRUCTED: Two 8-inch diameter water pipelines, approximately 335 feet long and
430 feet long, respectively
CONSTRUCTION ANTICIPATED TO BEGIN BY: October 1, 2015
AND MUST BE COMPLETED BY: No later than December 31, 2019
RESTORATION OF THE TEMPORARY CONSTRUCTION STAGING AND USE AREAS
SHALL BE COMPLETED BY: February 14, 2020
SECTION 2
SPECIAL PROVISIONS
BEFORE THE EXECUTION OF THIS LEASE, ITS PROVISIONS ARE AMENDED,
REVISED, OR SUPPLEMENTED AS FOLLOWS:
In issuing this Lease and authorizing the construction, use, maintenance, and operations of the
authorized improvements as described in Section 1, Lessor is relying on the information and data
provided by the Lessee in its application and accompanying materials It is the responsibility of
the Lessee to ensure that the information provided is accurate If the information and data prove to
be false, materially incomplete, or inaccurate, this Lease may be modified, suspended, or revoked,
in whole or in part, and/or the Lessor may, in addition, institute appropriate legal proceedings to
have the structure modified or removed from the Lease Premises in accordance with Section 3,
Paragraph 13 of this Lease
2 No vehicles, machines, or equipment and no storage are allowed to park or place on the berm
including its slope
Any equipment to be used on the Lease Premises is limited to that which is directly required to
perform the authorized use and does not include any equipment that may cause damage to the
Lease Premises
4. Lessee acknowledges that the Lease Premises contain a berm with an underground groundwater
barrier system beneath the berm that provides critical protection to the surrounding property that
Lessee intends to use as a temporary construction access Lessee shall not engage in any activity
that might damage the berm and groundwater barrier system and is liable for any damage or
impairment to them
5. Within two weeks before Lessee's first use of the Lease Premises, Lessee shall provide dated,
color photographs of the Lease Premises acceptable to Lessor's staff showing the condition of the
access route and staging area.
6 The construction period stated in Section 1 of this Lease, is from September 15th to February 15th
Notwithstanding the stated construction period in this Lease, all construction and restoration
activities shall occur outside of the bird nesting season Prior to the start of any proposed
construction and/or access and staging area restoration activities, the Lessee shall obtain prior
confirmation from the California Department of Fish and Wildlife (CDFW) onsite Bolsa Chica
Ecological Reserve Manager (Reserve Manager), or Lessor's staff s designated representative, that
the proposed activities will not occur during the bird nesting season
Lessee is required to provide signage and notification to the public of the temporary impact to
public access along the berm of the BCLRP and the adjoining neighborhood.
During the construction period stated in Section 1 of this Lease, Lessee is granted temporary
construction staging on the Staging Area, as shown on Exhibit C-1 attached to this Lease and by
this reference made a part hereof that may include installation of temporary fencing Temporary
fencing may not interfere with Lessor's access to or from the BCLRP Lessee is required to
maintain safe public access to the BCLRP during the construction period stated in Section I of this
Lease As a dust control measure, Lessee shall apply crushed rock or decomposed granite to the
staging area prior to placing equipment on the site or beginning work For restoration upon
completion of the project and removal of all equipment, the crushed rock or decomposed granite
shall be redistributed and compacted as necessary as a dust control measure, and remain on the
staging area surface.
9 During the construction period stated in Section 1 of this Lease, Lessee is granted temporary
access through the gate at Graham Street and along the top of the berm to the construction and
staging site, as shown on the egress/ingress location map, attached as Exhibit C-2 (for reference
purposes only) Access is granted for lightweight City vehicles such as pickup trucks; no other
construction vehicles or equipment shall access the berm The gate at Graham Street provides
access to the BCLRP Offices by the CDFW on -site Reserve Manager and other staff Lessee will
coordinate with the Reserve Manager and/or Lessor's staff before installing any locks on the gate
10 Lessee acknowledges that the top of the berm is not an all-weather road, nor is it designed for
heavy truck traffic Prior to construction, Lessee shall surface the back berm with a road surfacing
material, such as crushed rock, to help prevent damage Lessee will repair and/or reconstruct the
back berm to its pre-existing elevation, configuration, and condition at the conclusion of
construction to Lessor's staff s satisfaction For restoration of the berm with respect to dust
control, Lessee shall leave the crushed rock on the berm or place a layer of decomposed granite on
top of the berm
1 1 Lessee acknowledges that they will be working on lands leased to the CDFW for operation and
management Lessee will ensure that all of its construction and maintenance workers receive
wetlands sensitivity training from CDFW's on -site Reserve Manager, or Lessor's staff s
designated representative.
12 During the construction period stated in Section 1 of this Lease, Lessee's Project Manager shall
coordinate no less than weekly with the on -site Reserve Manager or Lessor's staff s designated
representative, to provide construction progress updates, to coordinate gate access, Lessee's
security measures to prevent unauthorized vehicular access to the BCLRP, and to resolve public
concerns Lessee shall resolve any public concerns connected with the Project Such resolution
shall include, but not be limited to, periodic public meetings or other forms of public outreach.
13 Lessee shall implement erosion, dust control, and equipment fuel and oil leak prevention and
containment measures at all times within the Lease Premises
13 At least 30 days prior to start of construction, the Lessee shall provide the following
a) Contact information for Lessee's Project Manager
b) Evidence to Lessor's staff of notification to the public concerning the proposed
construction activity and the interruption of public access across the back berm
14 Within 30 days of the project completion, Lessee shall provide:
a) Notice of construction completion of the water pipelines and schedule an onsite walk-
through with Lessor's staff or designated representative to review the proposed restoration
plans
15 At least 90 days prior to start of construction, Lessee shall provide for Lessor's staff s review the
following
a) Engineering design drawings as issued for construction, certified by a California
Registered Civil/Structural Engineer, showing pipeline horizontal alignment with key
control points referenced to the California Coordinate System (CCS83) and vertical profile
data with elevations referenced to Mean Lower Low Water (MLLW) datum, if applicable,
or other applicable vertical control datums, such as the National Geodetic Vertical Datum
of 1929 (NGVD 29), and the North American Vertical Datum of 1988 (NAVD 88) in both
plan view and vertical profile. The drawings are to provide information such as, tie-in
details, pipe grade and material specifications, Lessor's lease boundaries, existing utilities
including monitoring wells/piezometers Also, include details of pipeline trenches, trench
backfills including materials and minimum required relative compactions, depth of cover,
etc
b) A site specific geotechnical report certified by a California registered Geotechnical
Engineer including boring logs and confirmation of the fitness of purpose of the proposed
pipeline and any geotechnical recommendations for safe pipeline installation without
causing any impacts or damages to the existing berm, wells/utilities, and residential
properties The report should also include the seismic hazard evaluation/ geophysical
investigations to determine the presence of geological and/or seismic hazards that might
impact the safety of the proposed pipeline and appurtenances. Also, include details of the
proposed geologic/seismic mitigation plan and safety provisions (if any).
c) A construction contractor's work execution plan providing details of workforce,
equipment, construction methods and procedures to be employed for each significant work
activity, safety procedures etc
d) A set of construction contract specifications
e) Details of all proposed inspection tests and procedures to be employed during construction
for project quality assurance and control, including weld procedure specifications and
welder qualification testing
f) A project specific hazardous spill contingency plan The plan should include procedures to
be implemented in the event of a spill during construction and the name and telephone
number of the onsite person who will have responsibility for implementing the plan The
plan should also include a complete list of the agencies, with telephone number and the
names of the contact person, to be notified in case of a spill
g) A plot plan depicting the locations where equipment and materials will be stored, and
where refueling of equipment will be performed
h) A construction schedule time line chart showing all significant work activities during the
course of the project
16 Within 60 days of the project completion, Lessee shall provide
a) A set of "as -built" construction plans, certified by a California registered Civil/Structural
Engineer with stamp, signature, and date of signature, showing all design changes or other
amendments to the construction as originally approved
b) A post construction written narrative report confirming completion of the project with
discussion of all restoration activities completed, any significant field changes or other
modifications to the approved design or execution plan, and providing details of any
extraordinary occurrences such as spill incidents, accidents involving serious injury or loss
of life Also, include certified copies of the welding inspection records, if applicable
c) Certified copies of all completed pipeline integrity test results (hydrotests, gauging runs
etc ) including copies of any failed test results with an explanation of the reason for failure
17 Lessee shall remove all staging materials and equipment by the construction completion date of
December 31, 2019. No later than February 14, 2020, Lessee shall restore to the satisfaction of
Lessor's staff all temporary use areas to pre-existing conditions, or as otherwise specified in
paragraphs 7 and 9 above, including, but not limited to, evaluation and repair of impacts to the
existing groundwater barrier system, and application of appropriate dust control measures as
determined by Lessor Lessee shall coordinate the schedule for implementation of dust control
measures with CDFW's Reserve Manager or Lessor's staff s designated representative
18 Lessee shall provide Lessor with copies of future inspection/test/assessment reports whenever they
become available
19 All future repairs, structural modifications, or the abandonment/removal of any improvements
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 the Lessor's 24-
hour emergency response number (562) 590-5201
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 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 (u) 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) [45 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, 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 traders or cabins, built on a
raised foundation such as stilts or pilings, and floating residences such as boats, barges, arks, and houseboats, and any combination of
such Improvements which provide residential accommodations to the Lessee or others "Residence" shall not include transitory,
intermittent, recreational use of facilities such as campgrounds
"Residential Use" shall be defined as Improvements such as, but not limited to, sundecks, and sunrooms which are extensions of, or
additions to, the upland property and are not water -dependent uses Although the various uses or Improvements which may fall under
this definition may vary by geographic area, lease type, or other factors, it is the intention of the parties to include in this definition all
uses and Improvements which are not water -dependent but residential in nature, or those uses and Improvements which are not
consistent with common law public trust principles and values
3 CONSIDERATION
(a) Absolute Triple Net Lease
This Lease is an absolute triple net lease, pursuant to which Lessor has no obligation with respect to the payment of
taxes, insurance, the cost of maintenance, utilities and repairs or other costs or obligations associated with the Leased
Premises, except as expressly stated herein
(b) Rent
Lessee agrees to pay Lessor rent as stated in this Lease, in annual installments, for the use and occupancy of the Lease
Premises The first installment shall be due on or before the beginning date of this Lease and all subsequent installments shall be
due on or before each anniversary of its beginning date during each year of the Lease term, or as otherwise provided in this Lease
Said sums shall be paid in lawful money of the United States of America Lessee shall send said rent to the mailing address of
Lessor Timeliness of receipt of remittances sent by mail shall be governed by the postmark date as stated in Government Code
Section 11002 Invoices for rent due may be provided by Lessor as a courtesy Lessor's failure to, or delinquency in, providing
invoices shall neither excuse Lessee from paying rent, nor extend the time for paying rent
(c) Modification
Lessor may modify the method, amount, or rate of consideration effective on each fifth anniversary of the beginning date of this
Lease Should Lessor fail to exercise such right effective on any fifth anniversary it may do so effective on any one (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 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 I I 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 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 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
(ii) Lessor has made no representations or warranties as to the quality or value of any Improvements found on the Lease
Premises, or of their conformity to any applicable building codes, zoning ordinances, or other regulations Lessee agrees
to inspect any preexisting Improvements at its own cost to determine whether such Improvements are safe and suitable for
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the Lessee's intended use, and
(ui) Lessee shall neither be entitled to any reduction in rent, nor any extension of the terms of this Lease because of
damage to or destruction of any Improvements on the Lease Premises
(iv) Lessee and Lessor agree that any Improvements on the Lease Premises constitute the personal property of Lessee and
that fixture law does not apply
(4) In the event that the Lease Premises is partly, or in whole, comprised of tidal, submerged, or waterfront property, Lessee
expressly accepts the hazards involved in using or improving such lands Lessor is not responsible for, and Lessee shall not be
reimbursed for nor receive any offset of rent for, any damages or reduced use of the Lease Premises caused by local or
invasive flora or fauna, flooding, erosion, sea level rise, storms, freezing, inclement weather of any kind, acts of god,
maintenance or failure of protective structures, and any other such hazards
(d) Additions, Alterations, and Removal
No Improvements other than those expressly authorized in this Lease shall be constructed by the Lessee on the Lease Premises
without the prior written consent of Lessor Any Additions or Alterations are expressly prohibited Lessee is also prohibited from
any Additions or Alterations which cause a material change to the environmental impact on or around the Lease Premises
(e) Enjoyment
This Lease is non-exclusive, and is subject to the provisions of Section 3, Paragraph 6 below Lessee shall have the right to
exclude persons from the Lease Premises only when their presence or activity constitutes a material interference with Lessee's use
and enjoyment of the Lease Premises
(f) Discrimination
Lessee, in its use of the Lease Premises, shall not discriminate against any person or class of persons on any basis protected
by federal, state, or local law, including race, color, creed, religion, national origin, sex, sexual orientation, gender identity, age,
marital/parental status, veteran status, or disability
(g) Residential Use
Unless otherwise provided for in this Lease, no portion of the Lease Premises shall be used as a location for a Residence,
for the purpose of mooring or maintaining a structure which is used as a Residence, or for Residential Uses
(h) Commercial Use
Unless otherwise provided for in this Lease, the Lease Premises is to be used by Lessee and Lessee's invitees or guests
only Use of the Lease Premises for commercial purposes, conducting a business, whether for profit or otherwise, and any
subleasing, rental, or any transaction whereby Lessee directly or indirectly receives compensation from a third party in
exchange for use of the Lease Premises shall constitute an immediate Default of this lease with no cure period
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 incompatible with the rights
or privileges of Lessee under this Lease
Form51 16 (Rev 10/14)
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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 incompatible with the rights or privileges of Lessee under this Lease
(b) Encumbrances
The Lease Premises may be subject to pre-existing contracts, leases, licenses, easements, encumbrances, and claims and is
made without warranty by Lessor of title, condition, or fitness of the land for the stated or intended purpose
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 imposed thereon and from any sales or other
proceedings to enforce collection of any such taxes, assessments, or other charges
8 INDEMNITY
(a) Lessee's use of the Lease Premises and any Improvements thereon is at Lessee's sole and exclusive risk
(b) In addition to any other obligation to indemnify Lessor as otherwise provided in this Lease, except 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, 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
Form51 16 (Rev 10/14)
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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 Lability 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 in this Lease shall be in effect at all times during the Lease term and subsequently until Lessor
has either accepted all of the Lease Premises as improved or restored by Lessee as provided elsewhere in this Lease Lessee shall
notify Lessor within five (5) business days if the insurance is canceled for any reason
10 SURETY BOND
(a) When required by Section 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
wherein the modification of the bond or security is considered, or thirty (30) days' notice prior to the effective date of the increase,
whichever provides more notice
(c) The surety bond or other security device shall be maintained in full force and effect at all times during the Lease term and
subsequently until Lessor has either accepted all of the Lease Premises as improved or restored by Lessee as provided elsewhere in
this Lease Lessee must first seek approval of Lessor before changing the type of security device used, or the bond holder
11 ASSIGNMENT, ENCUMBRANCING OR SUBLETTING
(a) Lessee shall not either voluntarily or by operation of law, assign, transfer, mortgage, pledge, hypothecate or encumber this Lease
and shall not sublet the Lease Premises, in whole or in part, or allow any person other than the Lessee's employees, agents, servants
and invitees to occupy or use all or any portion of the Lease Premises without the prior written consent of Lessor, which consent
shall not be unreasonably withheld
(1) Notwithstanding the foregoing prohibition against transfer and assignment, the 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 anew trustee shall not bean 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 within the meaning of this Lease
Form51 16 (Rev 10/14)
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(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 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 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 1 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-m-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)
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(1) 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 Lability insurance or a surety bond or other security device as required under this
Lease, or
(3) Lessee's abandonment of the Lease Premises (including the covenant for continuous use as provided for in Paragraph 5(b))
during the Lease term, or
(4) Lessee's failure to obtain and maintain all necessary governmental permits or other entitlements, or
(5) The maintenance of the Lease Premises in violation of, or failure to comply with, any applicable provisions of any
Regulatory Agency, Environmental Law, or maintenance of the Lease Premises in a condition constituting nuisance, or
(6) Lessee's Failure to commence to construct and to complete construction of the Improvements authorized by this Lease
within the time limits specified in this Lease
(7) Lessee is found to sublet or otherwise surrender daily management and control of the Lease Premises to a third party
without the knowledge, expressed written consent or authorization of the Lessor
(b) Lessee's failure to observe or perform any other term, covenant, or condition of this Lease when such failure shall continue for
a period of thirty (30) days after Lessor's giving written notice shall constitute a Default of this lease However, if the nature of
Lessee's Default under this paragraph is such that more than thirty (30) days are reasonably required for its cure, then Lessee shall
not be deemed to be in Default if Lessee commences such cure within such thirty (30) day period and diligently proceeds with such
cure to completion
(c) Should Lessee Breach any term, covenant, or condition of this 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 § 1951 2, or
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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 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 timeline for obtaining all necessary permits and conducting the work prior to the expiration of this Lease
(4) In removing any or all Improvements, or conducting any restoration work, Lessee shall be required to obtain any permits
or other governmental approvals as may then be required by any Regulatory Agency, including, without limitation, any
Environmental Law
(5) Lessor may, upon written notice, in its sole and absolute discretion, accept title to any or all Improvements at the
termination of this Lease Lessor shall notify Lessee that Lessor intends to take title to any or all Improvements within six
(6) months of Lessee submitting a plan for restoration under Paragraph 13(a)(3)(b) above If Lessor elects to take title to
any such Improvements, Lessee shall deliver to Lessor such documentation as may be necessary to convey title to such
Improvements to Lessor free and clear of any liens, mortgages, loans, or any other encumbrances Lessor shall not pay, and
Lessee shall not be entitled to compensation for Lessor's taking title to such property
(b) Environmental Matters
(1) Lessee's Obligations
(i) Lessee will not use, occupy, or permit any portion of the Lease Premises to be used or occupied in violation of any
Environmental Law Lessee shall not manufacture or generate or store Hazardous Material on the Lease Premises unless
specifically authorized under other terms of this Lease
(ii) Lessee shall practice conservation of water, energy, and other natural resources
(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 require Lessee to conduct at its own expense and by a contractor approved
Form51 16 (Rev 10/14)
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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 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 detainer of the Lease Premises and Lessor shall be entitled to all resulting legal
remedies
(b) Lessor may, in its sole discretion, choose to accept Rent for the Lease Premises instead of immediately taking legal action to
recover possession of the Lease Premises Any tenancy created by operation of law on Lessor's acceptance of rent shall be
deemed a month -to -month tenancy regardless of what sum or sums Lessee delivers to Lessor Except as set forth below, any
subsequent tenancy created in this manner shall be on the same terms, covenants, and conditions set forth in this Lease insofar as
such terms, covenants, and conditions can be applicable to a month -to -month tenancy
(c) In recognition of the increased accounting, land management, and supervisory staff time required for month -to -month
tenancies, the rent for each month or any portion thereof during such holdover period may be an amount equal to one hundred fifty
percent (150%) of one -twelfth (1/12) of the total compensation for the most recent year paid In the event this Lease does not
require monetary compensation, Lessor shall have the right to establish rent based on the fair market value of the Lease Premises
The month -to -month tenancy may be terminated by Lessee or Lessor upon thirty (30) calendar days' prior written notice to the
other
16. ADDITIONAL PROVISIONS
(a) Waiver
(1) No term, covenant, or condition of this Lease and no omission, neglect, Default or Breach of any such term, covenant or
condition shall be deemed to have been waived by Lessor's acceptance of a late or nonconforming performance or otherwise,
unless such a waiver is expressly acknowledged by Lessor in writing No delay or omission of 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)
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(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 inure to the benefit of the heirs,
successors, and assigns of the respective parties
(g) Joint and Several Obligation
If more than one Lessee is a party to this Lease, the obligations of the Lessees shall be joint and several
(h) Captions
The section and paragraph captions used in this Lease are for the convenience of the parties The captions are not controlling
and shall have no effect upon the construction or interpretation of this Lease
(i) Severability
If any term, covenant or condition of this Lease is determined by a court of competent jurisdiction to be invalid or
unenforceable, the remainder of this Lease shall not be affected thereby, and each term and provision of this Lease shall remain
valid and enforceable to the fullest extent permitted by law
�) 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 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
Form51 16 (Rev 10/14)
Page 11 of 12
STATE OF CALIFORNIA - STATE LANDS COMMISSION
LEASE NO PRC 'U-� Y f I
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 OF HUNTINGTON BEACH
By _
, fu, tdy
Title Mayor
Date Au Ly,&-r J 1, 2p/,5-
ACKNOWLEDGEMENT
LESSOR:
STATE OF CALIFORNIA
STATE LANDS MMISSION
By--- ------
Title 064Z
Date. OCT 15 2015
Page 12 of 12
This Lease was authorized by the
California State Lands Commission on
(Month Day Year)
APPROVE® AS TO FORM
Michael Gates, City
Form51 16 (Rev 10/14)
EXHIBIT A
W 26784
LAND DESCRIPTION
Two parcels of that real property located in the City of Huntington Beach, County of
Orange, State of California that is owned by the State of California as per Grant Deed
recorded December 16, 2005 in Instrument No. 2005001008256 records of Orange County
Recorder more particularly described as follows:
PARCELI
BEGINNING at the most westerly corner of Tract No 8630 as per map recorded in
Book 382, Pages 7 through 10 inclusive of Miscellaneous Maps records of the
County Recorder of said County,
Thence along the southwesterly line of said Tract No. 8630 also being the
northeasterly line of said described State of California property
South 26'19'46" East 118.00 feet;
Thence South 36°21'37" East 68.22 feet,
Thence South 37'47'13" East 110 54 feet,
Thence South 43°53'55" East 74 63 feet,
Thence South 51'36'17" East 52.51 feet to the most westerly corner of Lot 49 of said
Tract No. 8630;
Thence leaving the southwesterly line of said Tract No. 8630
South 38°23'43" West 20 00 feet;
Thence North 51"36'17" West 53.86 feet, -
Thence North 43°53'55" West 77 05 feet;
Thence North 37047'13" West 111.86 feet;
Thence North 36°21'37" West 70 22 feet;
Thence North 26'19'46" West 119 75 feet to a point on the northwesterly line of said
described State of California property,
Thence along said northwesterly line North 63°40'14" East 20.00 feet to the POINT
OF BEGINNING.
PARCEL 2
BEGINNING at the most southerly corner of Lot 1 of Tract No. 8894 as per map
recorded in Book 373, Pages 45 through 48 inclusive of Miscellaneous Maps
records of the County Recorder of said County also being a point on the northeasterly
line of said described State of California property;
Thence southeasterly along the southwesterly line of said Tract No 8894 also being
the northeasterly line of said described State of California property
South 37°49'41" East 48.05 feet;
Thence South 45'35'11" East 143.36 feet to the most southerly corner of said Tract
No. 8894 also being the most westerly corner of Tract No. 7634 as per map recorded
in Book 330, Pages 26 through 29 inclusive of Miscellaneous Maps records of the
County Recorder of said County,
Thence southeasterly along the southwesterly line of said Tract No 7634 also being
the northeasterly line of said described State of California property
South 45"35'11" East 199 13 feet to the most westerly corner of Lot 50 of said
Tract No. 7634;
Page 102
Thence leaving said southwesterly line of said Tract No. 7634
South 44°24'49" West 15.00 feet,
Thence North 45*35'11"West 343.51 feet,
Thence North 37049'41" West 49 07 feet;
Thence North 52"10'19" East 15 00 feet to the POINT OF BEGINNING.
END OF DESCRIPTION
LAND DESCRIPTION PREPARED BY'
KRIS R. WINCHAK, L S NO. 6240 DATE
�'So LAND $
R. WI,I,O'9�F
* No.6240
N;A
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OF CALIFO�
Page 2 of
NO SCALE SITE
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BOLSA CHICA ECOLOGICAL RESERVE
NO SCALE LOCATION Exhibit B
x,l I ��, r1 , , U� fl W 26784
42
CITY OF HUNTINGTON
" BEACH
� �. APN 110-016-22
\o X m f it13L it
GENERAL LEASE -
t PUBLIC AGENCY USE
ORANGE COUNTY
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This Exhibit is solely for purposes of generally defining the lease premises, is
based on unverified information provided by the Lessee or other parties and is
not intended to be, nor shall it be construed as, a waiver or limitation of any State
interest in the subject or any other property.
` b VZ5/26/14
NO SCALE SITE
47
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491
STAGING AREA, BOLSA CHICA ECOLOGICAL RESERVE
NO SCALE LOCATION Exhibit C-1
-- W 26784
CITY OF HUNTINGTON
BEACH
APN 163-271-14
GENERAL LEASE
PUBLIC AGENCY
ORANGE COUNTY
MAP SOURCE: USGS QUAD
This Exhibit is solely for purposes of generally defining the lease premises, is
based on unverified information provided by the Lessee or other parties and is
not intended to be, nor shall it be construed as, a waiver or limitation of any State
interest in the subject or any other property.
I UZS/26/14
t
NO SCALE
W XWzt
SITE
I t 1 E&IMS LEASE AREA
EGRESS/INGRESS, BOLSA CHICA ECOLOGICAL RESERVE
NO SCALE LOCATION Exhibit C-2
W 26784
CITY OF HUNTINGTON
�.
BEACH
'w,l
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N., ��GENERAL LEASE -
'\ PITBLIC AGENCY
.... ... ORANGE COUNTY
MAP SOURCE: USGS QUAD
This Exhibit is solely for purposes of generally defining the lease premises; is
based on unverified information provided by the Lessee or other parties and is
not intended to be, nor shall it be construed as, a waiver or limitation of any State
interest in the subject or any other property.
10 ua/t8/14
7, j °44
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Dept ID PW 15-043 Page 1 of 2
Meeting Date 7/20/2015
1 o>01110 ac-7) 16 —D -/
(6 '0%d-sdW�)
CITY OF HUNTINGTON BEACH
REQUEST FOR CITY COUNCIL ACTION
MEETING DATE: 7/20/2015
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 a Lease Agreement with the California State
Lands Commission for the Bolsa Chica Water Main Extensions Project,
CC-1389, located in the Bolsa Chica Ecological Reserve
Statement of Issue
A Lease Agreement with the California State Lands Commission is necessary for two proposed
water pipelines to be constructed within State Lands' property in the Bolsa Chica Ecological
Reserve
Financial Impact
None, the Lease Agreement is a zero -rent lease
Recommended Action
Approve and authorize the Mayor and City Clerk to execute "Lease No PRC (W 26784)"
agreement between the City of Huntington Beach and the California State Lands Commission for
the construction, use, and maintenance of two 8-inch diameter water pipelines, located in the Bolsa
Chica Ecological Reserve
Alternative Action(s)
Do not approve and direct staff on how to proceed
Analysis
The purpose of the Bolsa Chica Water Main Extensions Project, CC 1389, located partially within
the Bolsa Chica Ecological Reserve, is to extend and loop the existing dead end water mains The
subdivisions adjacent to the Bolsa Chica Ecological Reserve were constructed in 1976 and 1977
At the time of the approval of these subdivisions, the City planned to allow the construction of future
subdivisions that would develop further west into the Bolsa Chica, thus looping the water mains in
the near future In the 1970's through 2006, the California State Lands Commission acquired
adjoining parcels within the Bolsa Chica wetlands and created the Bolsa Chica Ecological Reserve,
thus prohibiting the construction of future subdivisions and infrastructure
This proposed project will loop the existing water mains, provide better water quality, water system
redundancy, and superior fire protection for the neighborhoods adjacent to the Bolsa Chica
Ecological Reserve
The City is required to obtain a Lease Agreement from the California State Lands Commission to
authorize construction of the water facilities within the Bolsa Chica Ecological Reserve The lease
is for the construction, use, and maintenance of two 8-inch diameter water pipelines
Item 14. - 1 xB -604-
Dept ID PW 15-043 Page 2 of 2
Meeting Date 7/20/2015
The California State Lands Commission has agreed to enter Into a zero -rent, 25-year term lease,
beginning September 15, 2015, and ending September 14, 2040 The lease specifies that
construction begin by September 15, 2015, and be completed by September 14, 2020
Public Works Commission Action:
Not required
Environmental Status
Not required
Strategic Plan Goal
Enhance and maintain Infrastructure
Attachment(s)
1 Location Map
2 Lease Agreement (W 26784) between the City of Huntington Beach and the California State
Lands Commission
xB -605- Item 14. - 2
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Local Vicinity Exhibit 1
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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 110-016-22, 163-271-14
County Orange
SPACE ABOVE THIS LINE FOR RECORDERS USE
W 26784
LEASE NO. PRC
This Lease consists of this summary and the following attached and incorporated parts:
Section 1 Basic Provisions
Section 2 Special Provisions Amending or Supplementing Section 1 or 3
Section 3 General Provisions
Exhibit A Land Description
Exhibit B Site and Location Map
Exhibit C-1 Staging Area
Exhibit C-2 Egress/Ingress
SECTION 1
BASIC PROVISIONS
THE STATE OF CALIFORNIA, hereinafter referred to as Lessor acting by and through the
CALIFORNIA STATE LANDS COMMISSION (100 Howe Avenue, Suite 100-South, Sacramento,
California 95825-8202), pursuant to Division 6 of the Public Resources Code and Title 2, Division 3 of
the California Code of Regulations, and for consideration specified in this Lease, does hereby lease,
demise, and let to the City of Huntington Beach, hereinafter referred to as Lessee, those certain lands
described in Exhibit A, and as illustrated in Exhibits B, C-1, and C-2, hereinafter referred to as Lease
Premises, subject to the reservations, terms, covenants, and conditions of this Lease.
MAILING ADDRESS: City of Huntington Beach
Public Works Department
2000 Main St
Huntington Beach, CA 92648
LEASE TYPE: General Lease — Public Agency Use
LAND TYPE: Sovereign
LOCATION: Within the Bolsa Chica Lowlands Restoration Project (BCLRP) area,
Orange County, as described in Exhibit A attached and by this reference made a part hereof.
LAND USE OR PURPOSE: Temporary construction access at Graham Street and on the eastern
boundary berm (berm) of the BCLRP, and one temporary staging area between the back berm of the
BCLRP and the residential area of Bates Circle, as described in Exhibits C-1 and C-2 respectively
attached and by this reference made a part hereof. Post construction restoration of temporary access and
staging areas.
Construction, use and maintenance of two 8-inch diameter water pipelines, approximately 335 feet long
and 430 feet long, respectively, between the eastern boundary berm (berm) of the BCLRP and the
adjacent residential area, for connectivity with existing water main lines.
TERM: Construction access and staging area (Exhibits C-1 and C-2). 5 years; beginning September
15, 2015, ending September 14, 2020, unless sooner terminated as provided under this Lease.
Two water pipelines (Exhibit B)• 25 years; beginning September 15, 2015; ending September 14, 2040,
unless sooner terminated as provided under this Lease
CONSIDERATION: The public use and benefit with the State reserving the right at any time to set a
monetary rent if the Commission finds such action to be in the State's best interests Subject to
modification by Lessor as specified in Paragraph 3(c) of Section 3 - General Provisions.
AUTHORIZED IMPROVEMENTS:
X TO BE CONSTRUCTED: Two 8-inch diameter water pipelines, approximately 335 feet long and
430 feet long, respectively.
CONSTRUCTION ANTICIPATED TO BEGIN BY: October 1, 2015
AND MUST BE COMPLETED BY: No later than December 31, 2019
RESTORATION OF THE TEMPORARY CONSTRUCTION STAGING AND USE AREAS
SHALL BE COMPLETED BY: February 14, 2020
SECTION 2
SPECIAL PROVISIONS
BEFORE THE EXECUTION OF THIS LEASE, ITS PROVISIONS ARE AMENDED,
REVISED, OR SUPPLEMENTED AS FOLLOWS:
In issuing this Lease and authorizing the construction, use, maintenance, and operations of the
authorized improvements as described in Section 1, Lessor is relying on the information and data
provided by the Lessee in its application and accompanying materials It is the responsibility of
the Lessee to ensure that the information provided is accurate. If the information and data prove to
be false, materially incomplete, or inaccurate, this Lease may be modified, suspended, or revoked,
in whole or in part, and/or the Lessor may, in addition, institute appropriate legal proceedings to
have the structure modified or removed from the Lease Premises in accordance with Section 3,
Paragraph 13 of this Lease.
2 No vehicles, machines, or equipment and no storage are allowed to park or place on the berm
including its slope
Any equipment to be used on the Lease Premises is limited to that which is directly required to
perform the authorized use and does not include any equipment that may cause damage to the
Lease Premises.
4 Lessee acknowledges that the Lease Premises contain a berm with an underground groundwater
barrier system beneath the berm that provides critical protection to the surrounding property that
Lessee intends to use as a temporary construction access Lessee shall not engage in any activity
that might damage the berm and groundwater barrier system and is liable for any damage or
impairment to them
5 Within two weeks before Lessee's first use of the Lease Premises, Lessee shall provide dated,
color photographs of the Lease Premises acceptable to Lessor's staff showing the condition of the
access route and staging area
6 The construction period stated in Section 1 of this Lease, is from September 15th to February 15t'
Notwithstanding the stated construction period in this Lease, all construction and restoration
activities shall occur outside of the bird nesting season. Prior to the start of any proposed
construction and/or access and staging area restoration activities, the Lessee shall obtain prior
confirmation from the California Department of Fish and Wildlife (CDFW) onsite Bolsa Chica
Ecological Reserve Manager (Reserve Manager), or Lessor's staffs designated representative, that
the proposed activities will not occur during the bird nesting season
Lessee is required to provide signage and notification to the public of the temporary impact to
public access along the berm of the BCLRP and the adjoining neighborhood
8 During the construction period stated in Section 1 of this Lease, Lessee is granted temporary
construction staging on the Staging Area, as shown on Exhibit C-1 attached to this Lease and by
this reference made a part hereof that may include installation of temporary fencing. Temporary
fencing may not interfere with Lessor's access to or from the BCLRP Lessee is required to
maintain safe public access to the BCLRP during the construction period stated in Section 1 of this
Lease As a dust control measure, Lessee shall apply crushed rock or decomposed granite to the
staging area prior to placing equipment on the site or beginning work. For restoration upon
completion of the project and removal of all equipment, the crushed rock or decomposed granite
shall be redistributed and compacted as necessary as a dust control measure, and remain on the
staging area surface
9 During the construction period stated in Section 1 of this Lease, Lessee is granted temporary
access through the gate at Graham Street and along the top of the berm to the construction and
staging site, as shown on the egress/ingress location map, attached as Exhibit C-2 (for reference
purposes only). Access is granted for lightweight City vehicles such as pickup trucks, no other
construction vehicles or equipment shall access the berm The gate at Graham Street provides
access to the BCLRP Offices by the CDFW on -site Reserve Manager and other staff. Lessee will
coordinate with the Reserve Manager and/or Lessor's staff before installing any locks on the gate
10 Lessee acknowledges that the top of the berm is not an all-weather road, nor is it designed for
heavy truck traffic Prior to construction, Lessee shall surface the back berm with a road surfacing
material, such as crushed rock, to help prevent damage. Lessee will repair and/or reconstruct the
back berm to its pre-existing elevation, configuration, and condition at the conclusion of
construction to Lessor's staff s satisfaction For restoration of the berm with respect to dust
control, Lessee shall leave the crushed rock on the berm or place a layer of decomposed granite on
top of the berm
11. Lessee acknowledges that they will be working on lands leased to the CDFW for operation and
management. Lessee will ensure that all of its construction and maintenance workers receive
wetlands sensitivity training from CDFW's on -site Reserve Manager, or Lessor's staff s
designated representative.
12. During the construction period stated in Section 1 of this Lease, Lessee's Project Manager shall
coordinate no less than weekly with the on -site Reserve Manager or Lessor's staff's designated
representative, to provide construction progress updates, to coordinate gate access, Lessee's
security measures to prevent unauthorized vehicular access to the BCLRP, and to resolve public
concerns. Lessee shall resolve any public concerns connected with the Project. Such resolution
shall include, but not be limited to, periodic public meetings or other forms of public outreach.
13 Lessee shall implement erosion, dust control, and equipment fuel and oil leak prevention and
containment measures at all times within the Lease Premises.
13 At least 30 days prior to start of construction, the Lessee shall provide the following.
a) Contact information for Lessee's Project Manager
b) Evidence to Lessor's staff of notification to the public concerning the proposed
construction activity and the interruption of public access across the back berm
14. Within 30 days of the project completion, Lessee shall provide
a) Notice of construction completion of the water pipelines and schedule an onsite walk-
through with Lessor's staff or designated representative to review the proposed restoration
plans.
15 At least 90 days prior to start of construction, Lessee shall provide for Lessor's staff's review the
following•
a) Engineering design drawings as issued for construction, certified by a California
Registered Civil/Structural Engineer, showing pipeline horizontal alignment with key
control points referenced to the California Coordinate System (CCS83) and vertical profile
data with elevations referenced to Mean Lower Low Water (MLLW) datum, if applicable,
or other applicable vertical control datums, such as the National Geodetic Vertical Datum
of 1929 (NGVD 29), and the North American Vertical Datum of 1988 (NAVD 88) in both
plan view and vertical profile The drawings are to provide information such as, tie-in
details, pipe grade and material specifications, Lessor's lease boundaries, existing utilities
including monitoring wells/piezometers Also, include details of pipeline trenches, trench
backfills including materials and minimum required relative compactions, depth of cover,
etc.
b) A site specific geotechnical report certified by a California registered Geotechnical
Engineer including boring logs and confirmation of the fitness of purpose of the proposed
pipeline and any geotechnical recommendations for safe pipeline installation without
causing any impacts or damages to the existing berm, wells/utilities, and residential
properties The report should also include the seismic hazard evaluation/ geophysical
investigations to determine the presence of geological and/or seismic hazards that might
impact the safety of the proposed pipeline and appurtenances. Also, include details of the
proposed geologic/seismic mitigation plan and safety provisions (if any).
c) A construction contractor's work execution plan providing details of workforce,
equipment, construction methods and procedures to be employed for each significant work
activity, safety procedures etc
d) A set of construction contract specifications.
e) Details of all proposed inspection tests and procedures to be employed during construction
for project quality assurance and control, including weld procedure specifications and
welder qualification testing
f) A project specific hazardous spill contingency plan. The plan should include procedures to
be implemented in the event of a spill during construction and the name and telephone
number of the onsite person who will have responsibility for implementing the plan. The
plan should also include a complete list of the agencies, with telephone number and the
names of the contact person, to be notified in case of a spill
g) A plot plan depicting the locations where equipment and materials will be stored, and
where refueling of equipment will be performed.
h) A construction schedule time line chart showing all significant work activities during the
course of the project.
16 Within 60 days of the project completion, Lessee shall provide.
a) A set of "as -built" construction plans, certified by a California registered Civil/Structural
Engineer with stamp, signature, and date of signature, showing all design changes or other
amendments to the construction as originally approved.
b) A post construction written narrative report confirming completion of the project with
discussion of all restoration activities completed, any significant field changes or other
modifications to the approved design or execution plan, and providing details of any
extraordinary occurrences such as spill incidents, accidents involving serious injury or loss
of life Also, include certified copies of the welding inspection records, if applicable.
c) Certified copies of all completed pipeline integrity test results (hydrotests, gauging runs
etc ) including copies of any failed test results with an explanation of the reason for failure.
17 Lessee shall remove all staging materials and equipment by the construction completion date of
December 31, 2019. No later than February 14, 2020, Lessee shall restore to the satisfaction of
Lessor's staff all temporary use areas to pre-existing conditions, or as otherwise specified in
paragraphs 7 and 9 above, including, but not limited to, evaluation and repair of impacts to the
existing groundwater barrier system, and application of appropriate dust control measures as
determined by Lessor Lessee shall coordinate the schedule for implementation of dust control
measures with CDFW's Reserve Manager or Lessor's staff's designated representative
18 Lessee shall provide Lessor with copies of future inspection/test/assessment reports whenever they
become available
19 All future repairs, structural modifications, or the abandonment/removal of any improvements
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 the Lessor's 24-
hour emergency response number (562) 590-5201
EXHIBIT A
W 26784
LAND DESCRIPTION
Two parcels of that real property located in the City of Huntington Beach, County of
Orange, State of California that is owned by the State of California as per Grant Deed
recorded December 16, 2005 in Instrument No. 2005001008256 records of Orange County
Recorder more particularly described as follows•
PARCEL 1
BEGINNING at the most westerly corner of Tract No. 8630 as per map recorded in
Book 382, Pages 7 through 10 inclusive of Miscellaneous Maps records of the
County Recorder of said County;
Thence along the southwesterly line of said Tract No. 8630 also being the
northeasterly line of said described State of California property
South 26°1946" East 118.00 feet;
Thence South 36021'37" East 68.22 feet;
Thence South 37047'13" East 110.54 feet;
Thence South 43053'55" East 74 63 feet;
Thence South 51036'17" East 52.51 feet to the most westerly corner of Lot 49 of said
Tract No. 8630;
Thence leaving the southwesterly line of said Tract No. 8630
South 38023'43" West 20.00 feet;
Thence North 51036'17" West 53.86 feet, -
Thence North 43°53'55" West 77.05 feet;
Thence North 37047'13" West 111.86 feet;
Thence North 36°21'37" West 70.22 feet;
Thence North 26'19'46" West 119 75 feet to a point on the northwesterly line of said
described State of California property,
Thence along said northwesterly line North 63040'14" East 20.00 feet to the POINT
OF BEGINNING.
PARCEL 2
BEGINNING at the most southerly corner of Lot 1 of Tract No. 8894 as per map
recorded in Book 373, Pages 45 through 48 inclusive of Miscellaneous Maps
records of the County Recorder of said County also being a point on the northeasterly
line of said described State of California property;
Thence southeasterly along the southwesterly line of said Tract No 8894 also being
the northeasterly line of said described State of California property
South 37049'41" East 48 05 feet;
Thence South 45"35'11" East 143 36 feet to the most southerly corner of said Tract
No. 8894 also being the most westerly corner of Tract No. 7634 as per map recorded
in Book 330, Pages 26 through 29 inclusive of Miscellaneous Maps records of the
County Recorder of said County,
Thence southeasterly along the southwesterly line of said Tract No. 7634 also being
the northeasterly line of said described State of California property
South 45"35'11" East 199.13 feet to the most westerly corner of Lot 50 of said
Tract No. 7634;
Page 1 of 2
Thence leaving said southwesterly fine of said Tract No. 7634
South 4402449" West 15.00 feet;
Thence North 45'35'11" West 343.51 feet,
Thence North 37049'41" West 49.07 feet;
Thence North 5201019" East 15 00 feet to the POINT OF BEGINNING.
END OF DESCRIPTION
LAND DESCRIPTION PREPARED BY:
KRIS R. WINCHAK, L S NO.6240 DATE
LAND sG
Q, ti ,
70
* No, 6240
N;A
9��OF CALIf��\P
Page 2 of 2
NO SCALE SITE
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BOLSA CHICA ECOLOGICAL RESERVE
NO SCALE LOCATION
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This Exhibit is solely for purposes of generally defining the lease premises, is
based on unverified information provided by the Lessee or other parties and is
not intended to be, nor shall it be construed as, a waiver or limitation of any State
interest in the subject or any other property.
Exhibit B
W 26784
CITY OF HUNTINGTON
BEACH
APN 110-016-22
GENERAL LEASE -
PUBLIC AGENCY USE
ORANGE COUNTY
T a ua/za! i4
NO SCALE
SITE
STAGING AREA, BOLSA CHICA ECOLOGICAL RESERVE
NO SCALE LOCATION Exhibit C-1
W 26784
CITY OF HUNTINGTON
. BEACH
APN 1637271-14
GENERAL LEASE
PUBLIC AGENCY
ORANGE COUNTY
MAP SOURCE: USGS QUAD
This Exhibit is solely for purposes of generally defining the lease premises, is
based on unverified information provided by the Lessee or other parties and is
not intended to be, nor shall it be construed as, a waiver or limitation of any State
interest in the subject or any other property.
TJ Uzs/L2S/14
NO SCALE
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EGRESS/INGRESS, BOLSA CHICA ECOLOGICAL RESERVE
NO SCALE LOCATION Exhibit C ®2
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CITY OF HUNTINGTON
a �, a BEACH
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Ci(ii,+"iRn, i V . Y'=s`�.-S(if+s.�.:,�. °" '�� ) ,+ 'e �• "' ORANGE COUNTY
i�M�tyfr �t�s `t ht '`� ir4.+�q" ,'�;r-' �, SsF�i� ._ ��n;� .! f1u,�`_. J ,.+R±�i +'-i 4f . .. rr• _...
MAP SOURCE: USGS QUAD
This Exhibit is solely for purposes of generally defining the lease premises, is
based on unverified information provided by the Lessee or other parties and is
not intended to be, nor shall it be construed as, a waiver or limitation of any State
interest in the subject or any other property.
13 U6/L5/14
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 or judicial in nature,
all assessments, levies, losses, fines, penalties, damages, costs and expenses, including, without limitation (1) reasonable attorneys',
accountants', investigators', and experts' fees and expenses sustained or incurred in connection with the defense or investigation of any
such liability, and (n) 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, 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 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 bans
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 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 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
(n) 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
(m) 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
(►v) Lessee and Lessor agree that any Improvements on the Lease Premises constitute the personal property of Lessee and
that fixture law does not apply
(4) In the event that the Lease Premises is partly, or in whole, comprised of tidal, submerged, or waterfront property, Lessee
expressly accepts the hazards involved in using or improving such lands Lessor is not responsible for, and Lessee shall not be
reimbursed for nor receive any offset of rent for, any damages or reduced use of the Lease Premises caused by. local or
invasive flora or fauna, flooding, erosion, sea level rise, storms, freezing, inclement weather of any kind, acts of god,
maintenance or failure of protective structures, and any other such hazards
(d) Additions, Alterations, and Removal
No Improvements other than those expressly authorized in this Lease shall be constructed by the Lessee on the Lease Premises
without the prior written consent of Lessor Any Additions or Alterations are expressly prohibited Lessee is also prohibited from
any Additions or Alterations which cause a material change to the environmental impact on or around the Lease Premises
(e) Enjoyment
This Lease is non-exclusive, and is subject to the provisions of Section 3, Paragraph 6 below Lessee shall have the right to
exclude persons from the Lease Premises only when their presence or activity constitutes a material interference with Lessee's use
and enjoyment of the Lease Premises
(f) Discrimination
Lessee, in its use of the Lease Premises, shall not discriminate against any person or class of persons on any basis protected
by federal, state, or local law, including race, color, creed, religion, national origin, sex, sexual orientation, gender identity, age,
marital/parental status, veteran status, or disability
(g) Residential Use
Unless otherwise provided for in this Lease, no portion of the Lease Premises shall be used as a location for a Residence,
for the purpose of mooring or maintaining a structure which is used as a Residence, or for Residential Uses
(h) Commercial Use
Unless otherwise provided for in this Lease, the Lease Premises is to be used by Lessee and Lessee's invitees or guests
only Use of the Lease Premises for commercial purposes, conducting a business, whether for profit or otherwise, and any
subleasing, rental, or any transaction whereby Lessee directly or indirectly receives compensation from a third party in
exchange for use of the Lease Premises shall constitute an immediate Default of this lease with no cure period
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 incompatible 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 incompatible with the rights or privileges of Lessee under this Lease
(b) Encumbrances
The Lease Premises may be subject to pre-existing contracts, leases, licenses, easements, encumbrances, and claims and is
made without warranty by Lessor of title, condition, or fitness of the land for the stated or intended purpose
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 penod 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 imposed thereon and from any sales or other
proceedings to enforce collection of any such taxes, assessments, or other charges
8 INDEMNITY
(a) Lessee's use of the Lease Premises and any Improvements thereon is at Lessee's sole and exclusive risk
(b) In addition to any other obligation to indemnify Lessor as otherwise provided in this Lease, except 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, 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 requinng 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 time to time, but in
no event for less than the sum(s) specified against any and all claims or liability arising out of the ownership, use, occupancy,
condition, or maintenance of the Lease Premises and all Improvements
(b) The insurance policy shall identify the Lease by its assigned number The specific Improvements shall also be generally
identified, as well as their location on state owned property The coverage provided shall be primary and non-contributing Lessee
shall keep such policy current Lessor shall be named as a "certificate holder" and/or an "additional interest" on the policy Lessee
shall provide Lessor with a current certificate of insurance at all times At Lessor's request, Lessee shall provide a full copy of the
current insurance policy, along with any and all endorsements or other such documents affecting the coverage Lessor will not be
responsible for any premiums or other assessments on the policy
(c) The insurance coverage specified in this Lease shall be in effect at all times during the Lease term and subsequently until Lessor
has either accepted all of the Lease Premises as improved or restored by Lessee as provided elsewhere in this Lease Lessee shall
notify Lessor within five (5) business days if the insurance is canceled for any reason
10 SURETY BOND
(a) When required by Section 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
wherein the modification of the bond or security is considered, or thirty (30) days' notice prior to the effective date of the increase,
whichever provides more notice
(c) The surety bond or other security device shall be maintained in full force and effect at all times during the Lease term and
subsequently until Lessor has either accepted all of the Lease Premises as improved or restored by Lessee as provided elsewhere in
this Lease Lessee must first seek approval of Lessor before changing the type of security device used, or the bond holder
11 ASSIGNMENT, ENCUMBRANCING OR SUBLETTING
(a) Lessee shall not either voluntarily or by operation of law, assign, transfer, mortgage, pledge, hypothecate or encumber this Lease
and shall not sublet the Lease Premises, in whole or in part, or allow any person other than the Lessee's employees, agents, servants
and invitees to occupy or use all or any portion of the Lease Premises without the prior written consent of Lessor, which consent
shall not be unreasonably withheld
(1) Notwithstanding the foregoing prohibition against transfer and assignment, the 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 later than sixty (60) days after the named trustee as appears on the
face of this Lease becomes unable or ceases to serve as trustee for any reason
(b) The following shall be deemed to be an assignment or transfer within the meaning of this Lease
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(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 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 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
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 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, 99 11 or 13 of the Bankruptcy Code
(I I USC Sect 101, et seq ) then the trustee or debtor -in -possession must elect to assume or reject this Lease within sixty (60) days
after filing of the petition or appointment of the trustee, or the Lease shall be deemed to have been rejected, and Lessor shall be
entitled to immediate possession of the Lease Premises No assumption or assignment of this Lease shall be effective unless it is in
writing and unless the trustee or debtor -in -possession has cured all Defaults under this Lease (monetary and non -monetary) or has
provided Lessor with adequate assurances (1) that within ten (10) days from the date of such assumption or assignment, all
monetary Defaults under this Lease will be cured, and (2) that 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
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(i) In the event of any transfer or assignment, under this Paragraph I or by any other means authorized by this Lease, the Lease
terms shall be for the remaining years existing on the Lease prior to the transfer or assignment A transfer or assignment shall not
extend the term of this Lease
12 DEFAULT AND REMEDIES
(a) Default
The occurrence of any one or more of the following events shall immediately and without further notice constitute a Default
of this Lease
(1) Lessee's failure to make any payment of rent, royalty, or other consideration as required under this Lease, or
(2) Lessee's failure to obtain or maintain liability insurance or a surety bond or other security device as required under this
Lease, or
(3) Lessee's abandonment of the Lease Premises (including the covenant for continuous use as provided for in Paragraph 5(b))
during the Lease term, or
(4) Lessee's failure to obtain and maintain all necessary governmental permits or other entitlements, or
(5) The maintenance of the Lease Premises in violation of, or failure to comply with, any applicable provisions of any
Regulatory Agency, Environmental Law, or maintenance of the Lease Premises in a condition constituting nuisance, or
(6) Lessee's Failure to commence to construct and to complete construction of the Improvements authorized by this Lease
within the time limits specified in this Lease
(7) Lessee is found to sublet or otherwise surrender daily management and control of the Lease Premises to a third party
without the knowledge, expressed written consent or authorization of the Lessor
(b) Lessee's failure to observe or perform any other term, covenant, or condition of this Lease when such failure shall continue for
a period of thirty (30) days after Lessor's giving written notice shall constitute a Default of this lease However, if the nature of
Lessee's Default under this paragraph is such that more than thirty (30) days are reasonably required for its cure, then Lessee shall
not be deemed to be in Default if Lessee commences such cure within such thirty (30) day period and diligently proceeds with such
cure to completion
(c) Should Lessee Breach any term, covenant, or condition of this 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 19512 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 pay the particular rent accepted regardless of Lessor's knowledge of the preexisting
Breach at the time rent is accepted
13 RESTORATION OF LEASE PREMISES AND ENVIRONMENTAL MATTERS
(a) Restoration of Lease Premises
(1) Upon expiration or sooner termination of this Lease, Lessee must immediately surrender possession of the Lease
Premises to Lessor Prior to the time of surrender, Lessee must remove all or any Improvements together with the debris and
all parts of any such Improvements at its sole expense and risk, regardless of whether Lessee actually constructed or placed
the Improvements on the Lease Premises, or Lessor, at its sole and absolute discretion, may itself remove or have removed
all or any portion of such Improvements at Lessee's sole expense Lessor may waive all or any part of this obligation in its
sole discretion if doing so is in the best interests of the State
(2) As a separate and related obligation, Lessee shall restore the Lease Premises as nearly as possible to the conditions
existing prior to the installation or construction of any Improvements For purposes of this Lease, restoration includes
removal of any landscaping, removal of any Hazardous Materials, and to the extent possible, undoing any grading, 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 timelme 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
(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 require Lessee to conduct at its own expense and by a contractor approved
Form51 16 (Rev 10/I4)
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 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
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
(fl Successors
The terms, covenants, and conditions of this Lease shall extend to and be binding upon and inure to the benefit of the heirs,
successors, and assigns of the respective parties
(g) Joint and Several Obligation
If more than one Lessee is a party to this Lease, the obligations of the Lessees shall bejomt and several
(h) Captions
The section and paragraph captions used in this Lease are for the convenience of the parties The captions are not controlling
and shall have no effect upon the construction or interpretation of this Lease
(i) 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
�) 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 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
Form51 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 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 OF HUNTINGTON BEACH
0 owd
..� _
Title- Mayor
Date �L# Lq
ACKNOWLEDGEMENT
By:
APPROVED AS TO FORM
Gates, My Attvn@y
LESSOR:
STATE OF CALIFORNIA
STATE LANDS COMMISSION
IN
Title-
Date -
This Lease was authorized by the
California State Lands Commission on
(Month Day Year)
Form51.16 (Rev 10/14)
Page 12 of 12
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189
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A notary public or other officer completing this certificate verifies only the identity of the individual who signed the
document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document
State of California )
County of DA�d )
On �)u1.�,LZ_, before me,
Date // // Here Insert Name and Title of the Officer
personally appeared J /r Wit%
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person whose name is are -
subscribed to the within instrument and acknowledged to me that she 4y executed the same in
er hetr authorized capacity4es); and that b hqe thair signature;() on the instrument the person,
or the entity upon behalf of which the personKacted, 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
- - - - - - - - - - - - - - - - - IP40X
P L ESPARZA Signature
Commission # 2032750 z Signature of otary P is
= Notary Public California D
z Orange County
My Comm Ex lies Aug4.2017
Place Notary Seal Above
OPTIONAL
Though this section is optional, completing this information can deter alteration of the document or
fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document Document Date
Number of Pages Signer(s) Other Than Named Above
Capacity(ies) Claimed by Signer(s)
Signer's Name
❑ Corporate Officer — Title(s)
❑ Partner — ❑ Limited ❑ General
❑ Individual ❑ Attorney in Fact
❑ Trustee ❑ Guardian or Conservator
❑ Other
Signer Is Representing
Signer's Name
❑ Corporate Officer — Title(s)
❑ Partner — ❑ Limited ❑ General
❑ Individual ❑ Attorney in Fact
❑ Trustee ❑ Guardian or Conservator
❑ Other
Signer Is Representing
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Esparza, Pa!!X
From: Ferngno, Andrew
Sent: Monday, July 13, 2015 1 26 PM
To: Esparza, Patty
Subject FW CSLC Lease to the City of Huntington Beach
Patty,
I have an RCA on the Consent Calendar for 7/20 When the agreements gets signed can you send the signed copies to
Wendy Hall? Please refer to the email attached below
Andrew Ferrigno
Senior Civil Engineer
City of Huntington Beach
714-536-5291
From: Hall, Wendy@SLC [maiIto. Wendy. HaII(&sic.ca.gov]
Sent: Monday, July 13, 2015 8.37 AM
To: Ferngno, Andrew
Subject: RE. CSLC Lease to the City of Huntington Beach
Hi Andrew,
Thanks for keeping me informed Please note, the leases must be signed before a notary public We will also need a copy
of the Counsel resolution or other evidence of signatory authority
Thanks,
Wendy
Wendy Hall, M 5
Public Lands Management Specialist
California State Lands Commission
100 Howe Ave, Suite 100-South
Sacramento, CA 95825-8202
Email Wendy hall@slc cc gov
Phone. (916)-574-0994
Fax (916)-574-1925
From;-F-erngfo; Andr we [mailto AFerngnoCd)surfcity-hb org] m
Sent: Thursday, July 09, 2015 1:39 PM
To: Hall, Wendy@SLC
Subject: CSLC Lease to the City of Huntington Beach
1
Wendy,
We are on the consent agenda for the July 20, HB City Council meeting After the meeting it will take approximately one
week to get the lease signed by the Mayor and Clerk and mailed to you I'll let you know if anything goes askew
Andy
Andrew Ferrigno
Senior Civil Engineer
City of Huntington Beach
714-536-5291
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
July 24, 2015
California State Lands Commission
ATTN Wendy Hall, M S , Public Lands Management Specialist
100 Howe Ave, Suite 100-South
Sacramento, CA 95825-8202
Dear Ms Hall
Enclosed is one original of "Lease No PRC" for the Bolsa Chica Water Main Extensions
Project, CC-1389 located in the Bolsa Chica Ecological Reserve
Upon complete execution, please return a copy 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,
JF pe
Enclosure
Sister Cities Anjo, Japan ♦ Wartakere, New Zealand
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
August 11, 2015
California State Lands Commission
ATTN Wendy Hall, M S , Public Lands Management Specialist
100 Howe Ave, Suite 100-South
Sacramento, CA 95825-8202
Dear Ms Hall
Enclosed is the second original per your request of "Lease No PRC" for the Bolsa Chica
Water Main Extensions Project, CC-1389 located in the Bolsa Chica Ecological Reserve
Upon complete execution, please return a copy 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,
1:
/110
'r
Joan L Flynn, CIVIC
City Clerk
JF pe
Enclosure
Sister Cities. Anjo, Japan ♦ Wartakere, New Zealand
Esparza, Patty
From:
Ferngno, Andrew
Sent:
Thursday, July 30, 2015 11 08 AM
To:
Esparza, Patty
Cc:
Hall, Wendy@SLC
Subject:
FW CSLC Final Lease
Attachments:
W26784 City of HB-LSE (2) pdf, W26784 City of Huntington Beach -LSE —Section 3 -
_Shell
final - 100114 pdf, W26784 Exhibit A pdf, W26784 Exhibit B pdf, W26784 Exhibit C-1 pdf,
W26784 Exhibit C-2 pdf
Patty,
We need one more copy (signed and notarized) to be sent to Wendy
A
Andrew Ferngno
Senior Civil Engineer
City of Huntington Beach
714-536-5291
From: Hall, Wendy@SLC [maiIto: Wendy. HaIKcbslc.ca.gov]
Sent: Thursday, July 30, 2015 7.51 AM
Tod Ferrigno, Andrew
Subject: FW• CSLC Final Lease
Andrew,
Thank you for letting us know of the activities scheduled for Friday
I received an envelope yesterday from the City Clerk, Joan Flynn, with one original executed copy of the lease
agreement Thank you for sending, however, we require two (2) original executed copies (before notary public) to be
returned to the CSLC, to be executed by the Chief of Land Management Division Upon final executed, one of these
originals is then returned to the City for your records See email instructions below
Please provide a second original executed and notarized copy of the lease at your earliest convenience
Thank you,
Wendy
Wendy Hall, M S
Public Lands Management Specialist
California State Lands Commission
100 Howe Ave, Suite 100-South i
Sacramento, CA 95825-8202 /f
Email Wendy hall@slc ca gov , ''�
Phone. (916)-574-0994
Fax. (916)-574-1925
From: Hall, Wendy@SLC
Sent: Thursday, June 25, 2015 3.01 PM
To: 'Ferrigno, Andrew'
Subject: RE: CSLC Final Lease
Hello Andy,
Please find attached the final lease documents (Sections 1-3, with exhibits) for execution by the City Pease print
duplicate (2) copies of the lease and have both copies executed by notary public and return both the original copies to
my attention at the below address at your earliest convenience We also require evidence of signatory authority, such as
a resolution of the Board
If you have any questions, feel free to give me a call or email
Thanks very much,
Wendy
Wendy Hall, M 5
Public Lands Management Specialist
California State Lands Commission
100 Howe Ave, Suite 100-South
Sacramento, CA 95825-8202
Email. Wendy hall@slc ca gov
Phone (916)-574-0994
Fax (916)-574-1925
From: Ferrigno, Andrew [maiIto.AFerrigno(cbsurfcity-hb.org]
Sent: Tuesday, June 09, 2015 1.25 PM
To: Hall, Wendy@SLC
Subject: RE. CSLC Draft Lease
Wendy,
Thanks for taking the time to get me up to speed
Andy
Andrew Ferrigno
Senior Civil Engineer
City of Huntington Beach
714-536-5291
From: Hall, Wendy@SLC [mailto:Wendy.HalKbslc.ca gov]
Sent: Tuesday, June 09, 2015 12:25 PM
To: Ferrigno, Andrew
Subject: CSLC Draft Lease
Hello Andy,
Nice talking with you this morning Attached is a copy of the draft lease for your review As soon as it is in its final form, I
will send for review and signature This lease application is scheduled to go to the Commission meeting June 29th for
authorization
Thanks,
Wendy
h
i
CIS
Wendy Hall, M 5
Public Lands Management Specialist
California State Lands Commission
100 Howe Ave, Suite 100-South
Sacramento, CA 95825-8202
Email. Wendy hall@slc cagov
Phone. (916)-574-0994
Fax. (916)-574-1925