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HomeMy WebLinkAboutOrdinance 2051 N.C.S. 06/16/1997 I' ~ ~ ` JuN ~ b 199T ORDINANCE NO. 2051 N.C.S. Introduced by Seconded by Vice Mayor Hamilton David Kell?r AN ORDINANCE AUTHORIZING A LEASE OF REAL PROPERTY LOCATED AT THE D STREET DRIDGE OVER THE PETALUIVIA RIVER Il~I THE CITY OF I'ETALUIVIA SONOlVIA COUNTY, STATE OF CALIFORNIA AND DECLARING ITS URGENCY TO TAKE EFFECT 1MMEDIATEL~' BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PETALUMA AS FOLLOWS: Section 1. The real property located at the D Street Bridge overthe Petaluma River in the City of Petaluma, County of Sonoma, State of California is hereby authorized to be leased under the terms and conditions set forth in the Lease by and between the City of Petaluma and the State of California/State Lands Commission, which Lease is attached hereto as Exhibit `A" and incorporated herein by reference and the City Manager is hereby authorized. to sign said Lease. Section 2. If any section, subsection, sentence, clause or phrase or word of this ordinance is for any reason held to be unconstitutional by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions. of this ordinance. The City Council of the City of Petaluma hereby declares that it would have passed and adopted this ordinance and each and all provisions thereof irrespective of the fact that any one or more of said provisions be declared unconstitutional. Section 3_. The City Clerk is hereby directed to post this ordinance for the period and in the manner required by the City Charter. Ord. 2051 NCS Page 1 of 2 e.~~ ~`~-e. Cc INTRODUCED and ordered posted this 2nd day of June, 1997. ADOPTED this 16th day of June, 1997, by the following vote: AYES: Read, Keller, Stompe, Torliatt, Maguire, Vice Mayor Hamilton, Mayor Hilligoss NOES: None ABSENT: None } ABSTAIN: None / ~ / r ` e~ ~~.'~LL^f%~(~' t ~ Mayor f ATTEST: APPROVED AS TO FORM: City Clerk City Attorney sb/statelnd/agenda/hd 1 Ord. 2051 NCS Page 2 ' }2ECORDED A'T'I'HE R>;QUEST OF AND WHEN RECORDED MAIL TO: STATE OF 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. SPACE ABOVE THIS LINL' FOR RECORDER'S USE Coumy Sonoma W 25339 LEASE PRC N.O. "Phis Lease consists of this summary and the following attached and incorporated parts: Section 1 Basic Provisions Section 2 Special. Provisions Amending or Supplementing Section 1 or 4 Section 3 Description of Lease Premises Section 4 General Provisions SECTION 1 BASIC PROVISIONS THE S"TATE OF CALIFORNIA, hereinafter referred to as Lessor acting by and through the STATE LANDS COMMISSION (100 Howe Avenue, Suite 100-South, Sacramento, California 95825-8202), pw-suant to Division 6 of the Public Resources Code and Title 2, Division 3 of the California Code of Regulations, and for consideration specified in this Lease, does hereby lease, demise and let to: City of Petaluma hereinafter referred to as Lessee: WHOSE MAILING ADDRESS IS: 1 1 English Street Petaluma, CA 94952 those certain lands described in Section 3 subject to the reservations, terms; covenants and conditions of this Lease. LEASE TYPE: General Lease -Public Agency Use LAND TYPE: Tide and submerged lands LOCATION: Petaluma. River, City of Petaluma, Sonoma County LAND USE OR PURPOSE: Existing D Street bascule. bridge TERM: Twenty-five (25) years; beginning June 1, 1997 ending May 31, 2022, unless sooner terminated as provided under this Lease. CONSIDERATION: .Public use and benefit; with tlae State. reserving the right at any. time to set a .monetary rental if the.Commission finds such action to be in the State's best~interest. Subject to modification by Lessor as specified in Paragraph 2(b) of Section 4 -General Provisions. AUTHORIZED IMPROVEMENTS: 'bascule bridge X EXISTINGa _ TO BE CONSTRUCTED; CONSTRUCTION MUST' BEGIN BY N7A AND BE COMPLETED BY:' N/A LIABILITY INSURANCE: N/A SURETY BONll OR OTHER SECURITY: N/A SECTION 2 SPECIAL PROV1SflONS BEFORE THE EXECUTION OF THIS 'LEASE, ITS' 'PROVISIONS ARE AMENDED, REVISED OR SUPPLEIVI'ENTED AS FOLLOWS: / / ogma ( a j i ~g~ X19 { ~ b5~ ~i i n ~a ~ $ i ~ i i)'-dt. i6-6t i6'= i iJdt i ?-dt ~ ESA - ~ i` ' ~ - ~ 4 a ~ ! I! I 1 ° a°°°°°° A y ~ ~ ~ g ~ 1i ~i i i irdi ~ x ~ ~ ~ ~ ~ ~ 8 tl Iv jl ~ i~' ~I "j ~ ICI i & 8 pp~~ Ii ~ I ~ ~iil - rI r ~ m. Y ~ ~ 9~ ~ Ir-1't 111 is-d: I it-6t ~ ~~r-Yti 8~"- 13 ~ I ,gym ~ II, ad ~ ~I~_ ii , ~ 1 ,i~ i ~ , it ~ i., ~ n' ~ 1 F III - a ~ ~ - i I I ~ ~ ~ I 5 a• ~ w ~ r--`-~ i , i , ~ _ ~ 4 J ~i 1 ~ ~ ~f a I ' I i 1 ~ 4 T 'n ' - m Id'-dtTT-6ti6-ft~~ lldt-_IrE'-dt m ~ ~ ~ QfY 0P PCiKIOIA CITY 0 F ~ C `T A L M [ , ~ GIBBtAL PL.AMiN0.,1 s [ r . ~ r w r i~. "D" STREET BASCULE BRmG£. This exhbit.is.solely forpurposes of generally defining the lease premises; and. ~eCt10i1 3 i5 not intended to be, nor-shall it be construed as, a waiver or limitation of any ~ 25339 State interest`in the subject or otherprogerty, SECTION 4 GENERAL PROVISIONS 1. GENERAL within sixty (60) days.:after completing them. Lessee's These provisions are. applicable to all leases, permits, rights- discontinuance of such use fir a period of ninety (90) days of-way, easements, or licenses or other interests in real shall be conclusively presumed t~ be an abandonment.. property conveyed by the State Lands Commission. (b) Continuous Use 2. CONSIDERATION Lessee's use of the Lease .Premises shall be continuous (a) Categories from commencement of the Lease until its expiration. (1) Rental Lessee shall pay the annual, rental as "stated in this (c) Repairs and Maintenance Lease to Lessor without deduction, delay or offset, on or Lessee shall, at its own expense, keep and maintain the before the beginning date of this Lease and on or before Lease Premises and all improvetents in.good order and repair each anniversary of its beginning date during each year and in safe condition. Lessor shall have no obligation for of the Lease term. such repair and maintenance. (2) Non-Monetary Consideration (d) Additions, A?terations and Removal If the consideration to Lessor for this Lease is the. (1) Additions - No improvements other than those public use, benefit, health or safety, Lessor shall have expressly authorized in this Lease shall be constructed by die right o review such consideration at any time and set the Lessee on .the Lease Premises without the prior a monetary rental if the State Lands- Commission, at its written consent of Lessor. sole discretion, determines that such action is in the best interest of the State. (2) Alteration or Removal -Except as provided under this .Lease, no alteration or removal of improvements on (b) Modification or ..natural features of the Lease Premises shall be Lessor may modify the method, amount or rate of undertaken without the prior written consent of Lessor. consideration effective on each fifth anniversary of the beginning: date of;this. Lease. Should Lessor fail to exercise (e) Conservation such right effective on any f fth anniversary it may do so Lessee shall practice conservation of water, energy, and effective on any one (~1,) 'of the next four (4) amiiversaries othernaturat resources and shall prevent pollution and harm following such fifth anniversary, without prejudice to its right to the environment. Lessee shall not violate any law or to effect such modification on the next or any succeeding fifth regulation whose- purpose is to conserve resources or to anniversary. No such modification shall become effective protect, the environment. Violation of this section shall unless Lessee is given at least thirty (30) days' notice prior to constitute, grounds for termination of the Lease. Lessor, by its the effective dace. executive officer, shall notify Lessee, when in his or her opinion, Lessee has violated the provisions of this section. and (c) Penalty and Interest Lessee shah respond. and discontinue the conduct or remedy Any installments of rental accruing- under this .Lease not the condition within 30 days. paid when due shall be subject to a' penalty and shall bear interest as specified in ;Public Resources. Code. Section 6224 (f) Tonics and. the Lessors hen °existing administrative regulations Lessee shall not manufacture or generate hazardous governing penalty and interest,. wastes on the Lease Premises unless specifically authorized under- other terms of this Lease. Lessee shall be fully 3. BOUNDARIES` responsible for any hazardous wastes, substances or materials This Lease is not intended to~establish the State's boundaries as .defined under'federal, state or local law, regulation, or and is made witiiour~prejudice to either .party regarding any ordinance that .are manufactured, generated, used, placed, boundary claims which may be asserted presently or in the disposed; stored, or transported on the Lease Premises during future. the Lease term- and shall comply with and be bound by all applicable provisions of such federal, state or local law, 4. LAND USE regulation or ordinance dealing with such wastes, substances (a) General or materials. Lessee shall notify ..Lessor and the appropriate ,Lessee. shall use the Lease Premises only for the purpose governmental emergency response agency(ies) immediately in or purposes stated in.this Lease and only`for the operation and the event of any release or threatened release of any such maintenance of the improvements expressly authorized in this wastes, substances or materials. Lease.. Lessee shall .coirimence use of the Lease Premises within;ninery (90) days. ofahe beginning. date of this Lease or (g) Enjoyment witfiin ninety (90) days .of .the date set for construction to Subject to the .provisions of paragraph 5 (a) (2) below, commence as set forth in this Lease, whichever is later. nothing in this 'Lease shall preclude Lessee from excluding Lessee shall notify Lessor within ten. {10) days after persons from the Lease Premises when -their presence oc commencing fife ct~nstruction of authorized improvements and activity' constitutes a material interference with Lessee's use .Page 2 ~ ' and enjoyment of the Lease Premises as provided under this (b) Encumbrances Lease. This Lease. may be subject to pre-existing contracts, leases, licenses, easements, encumbrances and claims (h) Discrimination and is made wittiour warranty by Lessor of title, Lessee in its use of the Lease Premises shall not condition or fitness of the land for dte stated or intended discriminate against. any person or class of persons nn the purpose. basis of race, color; creed; religion, national origin, sex, age, or handicap. 6. RULES, REGULATIONS AND TAXES (a) Lessee shall comply with and, be bound by all presently (i) Residential Use • existing..or subsequently enacted.rules,. regulations, statutes or No portion of the -Lease .Premises sfiall lie used as a ordinances of the State '.Lands'. Commission or .any other locatjon for a residence or for. the purpose of ;mooring a governmental agency or ..entity having: lawful. authority and structure which is used as a residence. For purposes of°this jurisdiction. Lease, a :residence or floating residence includes'but is, knot 'limited' to ;boats,. barge's, 'houseboats; trailers; cabins or.' ~ (b) Lessee°understands and agrees that's necessary condif~n combinations of such facilities or othersucfi structures which for the `granting and.continued existence of this Lease is that provide overnight accommodations to the Lessee°or others. Lessee obtain and manCain all permits' or' other entitlements. 5. ,RESERVATIONS, ENCUMBRANCES AND RIGHTS- (c) Lessee accepts responsibility for and agrees to pay any OF=W,AY and all possessory interest taxes; assessments., user fees. or' (a) Reservations. service .charges imposed on,or associated, with the leasehold' (1) Lessor expressly reserves all natural resciurces in or interest, improvements or ,the Lease Premises, .and such. on the 1:ease Premises, including but not limited to payment shall not`reduce rental duel Lessor under Phis. Lease timber and, minerals as ;defined under Ptthlic and Lessor shall.. have no liability°for `such payment Resources' Code Sections 6401 and 6407, as well as the ':right to grant leases in -and hover the Lease 7. INDEMNITY Premises 'for the ~ extraction of such natural (a) Lessor shall not be liable ,and Lessee `shall indemnify;. resources; tipwevei•; such .leasing shall. he neither hold harmless and; at the option of`Les`sor; defend Lessor, its inc>onsistenr nor 'incompatible with the rights or officers; agents; and employee`s against and for any and .all privileges of Lessee under this':Lease. liability; claims; damages ,or injuriesof'ar?y'kindand'from any cause; arising out. of or +connected :in' any' way with -the (2) Lessor expressly reserves a'rjghrto gg on-the Lease issuance, enjoyment:;or breach of this;: L-ease or Lessee's. use Premises Nand all .improvements for any purpose of the :Lease :Premises except: for.'any such' liability, claims„ associated: with this ,Lease or for; carrying out any- damage or injurysolely caused by'the -negligenc""e of`Lessor, function required bylaw; or [he rules; regula'tions;'or ~ its officers, agents and employees. management policies; of the State Lands Ccmimission: Lessor shall have a right of (b) Lessee sh"all notify _ Lessor inmediafely 'in case of any reasonable access` to the. Lease ,1?remi`ses across accident, injury or casualty on the Lease Premises. Lessee :.owned or occupied lands- adjacent to the Lease Premises for any~purpo e associated with this. °8. INSURANCE .Lease. {a)' Lessee sfiall. obtain andmaintain "in full force and effect during the .term of`this .Lease comprehensive general liability (3) Lessor expressly reserves to'the public an easement insurance. and propertydainage insurance; with such coverage' for convenient access,acros's the Lease.Premises to and limiGS as may` be reasonably 'requested by Lessor from other Statee~wned lands located.. near or. adjacent to, time to .time; but in no a"vent for less than the sum(s)-specifed, tlie: Lease Premjses and': a light' :of :reasonable insuring Lessee and Les`_sor against' any and' all claiin5 or passage across and along•any.rigtit-of-way granted liability arising pur of the ,ownership, .use, occupancy,.. by this ,Lease; however, such easement or right=of= condition or maintenance ..of the Lease Premises and all way .shall tie. neither' incpnsistent nor incompatible improvements. with the rights or privileges of L-essee under, this Lease: (b) The insurance policy'or policies shall name the State:of • California, its~officers, employees and volunteers 'as insureds (4) Lesser expressly reserves the right to lease, convey, as to th"e Lease Premises and shall. identify the Lease by its. or encumher the 'Lease. Premises, in whole or in assigned .number. Lessee sfiall provide. Lessor with a part, iiurng the -Lease term for •any purpose not certificate of such insurance, and. shall keep such. certificate inconsistent or incompatible with the rights or current., 'The policy' (or:'endorsement) must:provide that. the privileges of Lessee under this Lease;• insurer will not cancel the 'insured's'coverage without thirty (30)"days prior written -notice to~Lessor. Lessor will not be responsible for any premiums or. oilier ;assessments on the Form 51.15:(Rev. 4/96) ' . ~ Page 3 policy. The coverage provided by .the insured (Lessee] shall transfer all or any portion of the Lease Premises, Lessee shall be primary and non-contributing. do all of the .following: (c) The insurance coverage specified in this. Lease. shall be (1') Give prior written notice to Lessor; in effect at all times during: the Lease term and subsequently until all of the Lease Premises have .been 'either accepted as (2) Provide the name. and complete .business improved, by Lessor, ~r restored' by Lessee as provided organization and operational structure of the, proposed elsewhere. in ti~is Lease: assignee, sublessee, secured third party or other transferee; .and the nature of the use of and interest in the 9. SURETY BOND Lease Premises proposed by the assignee, sublessee, (a) Lessee shall provide a surety bond or' other security secured third party or other transferee. If the proposed device acceptable to Lessor, for the specified .amount, and assignee, sublessee or secured third parry is a general or naming the Stale of California as the assured, to guarantee to limited partnership, or a joint venture, provide a copy of Lessor the faithful observance. and performance'by Lessee. of the partnership agreement or joint venture agreement, as all of the terms, covenants and conditions of this Lease. applicable; (b) Lessor may require an increase. in the amount of the (3) Provide the terms and conditions of the proposed surety bond or other security device to covet-: any additionally assignment, sublease, or encumbrancing or other authorized improvements, alterations or purposes and any transfer; modification of consideration. (4) Provide audited ,financial statements for the two (c) The surety bond or other security device shall be most recently completed fiscal years of the proposed maintained in full force and. effect at' all times during the assignee., sublessee, secured parry or other transferee; Lease term and subsequently until all of'the. Lease Premises and provide pro forma financial statements showing the have been either accepted.as improved, by' Lessor, or restored projected income, expense and financial condition by Lessee as provided elsewhere. in this Lease. resulting from use of the Lease Premises; and 10. ASSIGNMENT, ENCUMBRANCING OR SUBLETTING (5) Provide such additional 'or supplemental information (a) Lessee shall no[ eithervoluntarily or by operation of law, as; Lessor may 'reasonably request. concerning the assign, transfer; mortgage, pledge, hypothecate or encumber proposed assignee, sublessee, secured party or other this Lease and shall not sublet the Lease Premises, in whole transferee. or in part, or allow any person other than the Lessee's employees, agents., servants and invitees to occupy or use all Lessor will evaluate proposed assignees, sublessees, orany portion of the Lease. Premises without the prior written secured third parties and other transferees and grant consent of Lessor, which consent shall not 'be urueasonably approval or disapproval according to standards of wittilteld. coinmercial reasonableness considering the following factors within the context of the proposed use: the (b) The following.sliall be deemed to be an assignment or proposed. parry's financial strength and reliability, their transfer within the meaning of this Lease: business experience and expertise,. their personal and business reputation, their managerial and operational (1) If Lessee is a corporation, any dissolution, merger, skills, their proposed use and projected rental, as well as consolidatiot5 or other reorganization of `Lessee or sale or other relevant factors. other transfer of a Percentage of capital stock of Lessee which results in a:change of,controlling persons, or the (e) Lessor shall have a reasonable period of time from the sale or other transfer cif substantially all the assets of receipt of all idocuments and other information required under Lessee; this provision, to grant. or deny its approval' of the proposed PAY (2) If Lessee is a partnership, a transfer of any interest of a general partner, a withdrawal' of any genera] partner (f) Lessee's mortgage or .hypothecation of this Lease, if from the Parinenship, or the di'ssohition of the approved 6y Lessor,.. shall be subject to terms and conditions partnership. found in a separately drafted standard form (Agreement and Consent to Encumbrancing of Lease) available from Lessor (c) If this Lease is for sovereign .lands', it shall be upon request. appurtenant to adjoining littoral or riparian land and Lessee shall not transfer or as"sign its ownership: interest or use rights (g) Upon. the express written. assumption of all obligations in such adjciining lands-separately .from the, leasehold rights and duties under this Lease by an assignee approved by granted herein without the prior written consent of Lessor. Lessor, the Lessee may be released from all liability under this Lease arising after :tlie effective date of assignment and (d) If Lessee desires to assign, sublet, encumber or otherwise not associated with Lessee's use, possession or occupation of Form 5].15 (Rev. 4/96) ' Page 4 or activities on the Lease. Premises; except as to any ordinances, relating. to issues of Health and Safety, hazardous wastes,. substances or materials as defined -under or who"se purpose is [o conserve resources or to federal state or locale Taw., regulation or .ordinance protect the environment. manufactured, generated, used,, placed, disposed., stored or transported on therLea"se Premises. (b) Lessee's failure to observe or perform. any other term, covenants or condition of. this Lease t6 he ~hserved or h) ,If the Lessee; files ,a petitr~n qr an acder .for. relief is performed. by she-Lessee when.;such failure shall continue for •enfered' against Lessee, finder 'Chap`ters 7,9,11 or 13' of the a period's of thirty (30) days after Lessor's giving written Bankruptcy Code (.1`1 USC'.Sect. 101, et seq:) then,the trustee notice; however, if'the nature of Lessee's default or breach or debtor-in'-possession must elect to assume or reject this under this paragraph. is such: that` moreF,than thirty (30), days Lease w,itlin, sixty (60) .days after filing of the petition or are reasonably required for°its cure, then. Lessee shall not he appointment"of, the trustee, or the: Lease shalt be deemed to deemed to be in default orbreach .if L-essee' commences such have been;rejected, and. Lessor shall be entitled to immediate. cureswithin such,thii~ty (30)'day`period.and diligenflyproceeds possession. ~of' the Lease Premises. No assumption or wi h such cure to completion. assignment of this .L'ease_ shall be effective .unless it is ;tn' writing.: and :unless the trustee or debtor-in-possession; has (c) Remedies cured all_ defaults. -under this Lease (monetary and non-r In the event of,a defaulr:or breach by. ;Lessee and.Lessee's monetary) oY has provided Lessor with adequate" assurances failure to cure such default;or breach, Lessor may- at any time (1) that within ten (i0) days tT~m the:date of such assumption and with or. without notice d~ any qne or more. of the ~r assignment, all :monetary defaults under this Lease. will be; following: cured; and (2) thanwithin thirty (30) days.from the: date of such assumption, all'non,m~netary defaults under this Lease (1) Re-enter. [he Lease 'Pi-emises, .remove all persons will. be cured; ,and (3).`that gall provisions of this. Lease will be and property, and. repossess and enjoy such satisfactorily performed;in the furore. ~ premises; 11. DEFAULT AND REMEDIES (2) Terminate this Lease: and Lessee's right of (a) Default possession of the Lease Premises'. Such, termination The recurrence of "any ,one or more of the: following shall be: -effective upon' .Lessor's .giving written events shall .immediately :and without, ,further notice notice and upon receipt of such notice Lessee shall constitufe'a default or breaeh,of the Lease by Lessee: :immediately surrender possession of the Lease Premises to:Lessor;, (1) Lessees `failure: to make any payment of rental,. , 'royalty', or other, consideration as requireii unifier this (3) Maintain: this Lease in :full :force and effect: °and . Lease; ~ recover any rental, royalty:, or other consideration,as it becomes due without terminating Lessee's right of (2) Lessee's failure -to' obtain or maintain liability possession regardless of whefher;Lessee.,shall have insurance iir'a•surety hgnd'or other security rievice abando_ned.t_h_ e_ Lease Premises;:and%oi' as required under this L"ease; (4) Exercise':any' other :right. or remedy which Lessor (3) Lessee-'s vacatiin cir abandonment of the ,Lease may have.at law br equity-. Pre'm[ses (including she covenant.for continuous use as provided for in•paragiaph 4) during `ttc ,Lease term; 12. RESTORATIQN OF LEASE'. PREMISES' (a) Upon expuatron or sooner termmatton of this Lease, (4) Lessee "s failure to ohtain,and maintain,all necessary Lessor. upon written notice may take title to any or all governmental permits orother entitlements; improvements,. including fills, or"Lessor:may;require Lessee to remove all or any such improvements at its. sole; expense (5) Lessee's failure to comply with all. 'applicable and risk; or Lessor may;itself'remove or.have:removed all, ~r provisions of federal, state or.local law:, regulation any'portionof'such improvements at Lessee's sole expense. = or ordinance dealing- with hazardous. waste;. L,essee;shall deliyer'to Lessor such documentation as:may'be. substances or materials as defined under such law;. necessary to convey title to suchimprovements to -Lessor free and clear of any liens, mortgages, loans or any other (6) ;Lessee's' failure to egmmence to constnrct -and to encumbrances complete: construction of the improvements authorized by tfiis Lease. within the'. Time limits (b) In removing any such:improxements:Lessee shall restore. specified in this Lease; and/or the. Lease Premises as nearly as possible tq the conditions' existing prioY to Dieuinstallation or_ construction: (7) ;Lessee"s t`ailure to cr~mply :with applicable' ;provisions' of federal, state or aocal laws or ~ (c) All Mans for .and :subsequent removal and_ restoration ' Firm 51:15 (Rev. 4/96)' L . ~ . ~ Page 5 shall he to the satisfaction of ~Lessot and shall be completed (b) Time within ninety (90) days: after the expiraii'on qr sooner Time is of the essence of this Lease and each and all of termination of this Lease or after compliance with paragrapfi its term's, covenants or conditions in which performance T2(d), whichever is the lesser. is a ;factor. (d) In removing any or all. the improvements Lessee shall. be (c) Notice required to obtain any permits or other governmental AlLnotices required to be given under-this Lease shall be approvals as may then be required by lawful.authoriry. given in writing; sent by U.S. 1vlail with postage prepaid, to Lessor'at'the offices of the State Lands Commission (e) Lessor may at any time. during the Lease term .require and the .Lessee at'the ..address specified in this Lease. Lessee to conduct at its own expense and by a contractor Lessee shall give Lessor notice of any change in its name approved by Lessor an independent. envirottmental .site or.address. assessment. or inspection for the presence or suspected presence: of hazardous wastes, .substances or materials as (d) Consent defined under federal,. state or local law, .regulation or Where Lessor'a consent is required under this Lease its ordinance manufactured, generated, used, placed, disposed, consenYfor one. transaction or "event shall not be deemed stored or transported on the Lease: Premises during the .term to be a consent to any subsequent occurrence.of dte same of the Lease. Lessee shall provide the. results. of the or any other transaction or event. assessment or inspection to Lessor and the appropriate , governmental response agency(ies) and shall further be (e) Changes responsible for removing or taking-other appropriate remedial -This Lease may be terminated and its term, covenants action regarding such wastes; substances or :materials in and conditions amended, revised or supplemented only accordance with applicable federal, state or local law by mutual written agreement of the .parties. regulation or ordinance. (f) .Successors 13. QUITCLAIM The terms, covenants and conditions of this Lease shall Lessee shall, within ninety (90) days of the expiration or extend to and be binding upon and inure.~to the benefit of sooner termination of this Lease, execute `and deliver to the heirs, successors, and assigns of the respective Lessor in a form .provided by Lessor a good and sufficient parties. release of all rights under this Lease. Shot_ild Lessee fail or refuse to deliver such: a release, a written .notice by Lessor (g) .Joint and Several Obligation reciting, such failure or refusal shall; from the date of its. If more than one Lessee is a party to this Lease, the recordation, be conclusive evidence against Lessee of the obligations of the Lessees shall be joint and several. termination of this Lease and. all. oilier claimants. (h) Captions 14. .HOLDING-OVER The. captions of this~Lease are not controlling and shall Any holding-over by Lessee after the expiration of the Lease .have no effect upon its construction or interpretation. term, with or without the. express or implied. consent of Lessor, shall constitute a tenancy from month'to .month and (i) Severability not an extension of°the Lease term .and shall be on tie terms, If any term, covenant or condition of this Lease is covenants, and conditions of"this Lease, except that the annual determined by a court of competent jurisdiction to be rental then in;effect shall be increased by"twenty-five percent invalid, it shall be considered deleted and shall not (25%). invalidate any of the. .remaining terms, covenants. and conditions. 15. ADDITIONAL PROVISIONS (a) Waiver / (1) No term, covenant., or condifion.of this Lease and / no default or breach of any such, term,. covenant or / condition shall~be.:deemed;to,have been waived, by / Lessor's acceptance of a 'late or nonconforming / • performance or.otherwise, unless such a waiver is / expressly acknowledged by Lessor in writing. / (2) Any such waiver shail:not_be deemed.to be a waiver / of any other term, covenant or condition of any / other default or breach of any term, covenant or / condition of this Lease. / / Form 51.15 (Rev. 4'/96) - w Page 6 - STATE OF CALIFORNIA _ STATE LANDS COMMISSION LEASE'P.R:C: 'NO. This. Lease shall. become effective only when apprgved by and 'executed° on behalf of the: State Lands Commission of the State. of California. and a .duly executed copy lids been delivered' ao Les"see. `The. submission ofthis: Lease by Lessor, its agerit•:or representative :for examination by Lessee does not constitute an gption 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: he Lease Premises on the terms and cond'ifions set forth herein-. IN WITNESS' WHEREOF„ the .parties'. hereto have executed this .Lease:: as of the date hereafter .affixed. LESSEE STA`I`E OF CAg.IFORhIIA STATE LANDS COMMISSION . By: Titles D"ate: - ACKNOWL>EI)GEMENT This 'Lease; was .authorized by 'the California State Lands Commission on . . (Month '.Day Year) Form 51',15 (Rev. 4/96)