HomeMy WebLinkAboutResolutions - No. 80-110RESOLUTION NO. 80-110
RESOLUTION APPROVING AGREEMENT WITH STATE OF CALIFORNIA -
STATE LANDS COMMISSION COVERING A GENERAL PERMIT FOR
PUBLIC AGENCY USE FOR CONSTRUCTION AND MAINTENANCE OF A
STORM WATER OUTFALL FACILITY LOCATED AT THE MOKELUMNE
RIVER, SAN JOAQUIN COUNTY
RESOLVED, that the City Council of the City of Lodi does hereby approve
that certain Agreement between the State of California, State Lands Commission
and the City of Lodi covering a General Permit for Public Agency Use for
construction and maintenance of a storm water outfall facility located at the
Mokelumne River , San Joaquin County, a copy of which Agreement is attached
hereto, identified as Exhibit "A", and thereby made a part hereof.
BE IT FURTHER RESOLVED, that the Mayor and City Clerk are hereby authorized
to execute said Agreement bn behalf of the City.
Dated: August 20, 1980
I hereby certify that Resolution No. 80-110 was
passed and adopted by the City Council of the City
of Lodi in a regular meeting held August 20, 1980
by the following vote:
AYES: Councilmen - MC CARTY, MURPHY, PINKERTON, and KATNICH
NOES: Councilmen - None
ABSENT: Councilmen - HUGHES
�;��
ALICE M. RE/ MCHE
City Clerk
80-110
STAT; �.,-' CALIFORNIA '-li.bit "A"
STATE LANDS COMMISSION
RECORDED AT THE REQUEST OF
State of California/State Lands Commission
Official Business — Document entitled to free
recordation pursuant to Government Code
Section 27383.
WHEN RECORDED MAIL TO
State Lands Commission
1807 - 13th Street
Sacramento, CA 95814
Attention: Title Unit
W 22402
LEASE NO.
This Lease consists of this summary and the following attached and incorporated parts:
Section 1
Basic Provisions
Section 2
Special Provisions amending or supplementing
Section 1 or 4
Section 3
Description of Lease Premises
Section 4
General Provisions
SECTION 1
BASIC PROVISIONS
THE STATE OF CALIFORNIA, hereinafter referred to as Lessor acting by and through the STATE LANDS COM-
MISSION 0 807 - 13th Street, Sacramento, California 95814), pursuant to Division 6 of the Public Resources Code and
Title 2, Division 3 of the California Administrative Code, and for consideration specified in the Lease, does hereby lease,
demise and let to: City of Lodi
hereinafter referred to as Lessee:
WHOSE MAILING ADDRESS IS: 221 latest Pine Street
Lodi. CA
those certain lands described in Section 3 subject to the reservations, terms, convenants and conditions of this Lease.
LEASE TYPE: General Permit - Public Agency Use
Mokelwane River
LAND TYPE: Submerged LOCATION: San -3aaoui>w COmat-
LAND USE OR PURPOSE: Construction and mainten nce of storm water outfall _facility _
TERM: 49 years; beginning Au;rmust 3., 1980
ending July 31, 2029 , unless sooner terminated as provided under this Lease_
CONSIDERATION: $ __ • Public use and benefit, with the Commission reserving
the right to set a monetary"rental if the Commission determines such action to be in the
State's best interest
subject to modification by Lessor as specified in Paragraph 2(b) of Section 4.
Eaves SI A S {T/8W
AUTHORIZED IMPROVEMENTS: Storm Vater outfall structure ...,d bank protective .
❑ EXISTING:
h TO BE CONSTRUCTED; CONSTRUCTION MUST BEGIN BY: September 1. 11380
AND BE COMPLETED BY: August =1, 1982
LIABILITY INSURANCE: N/A
SURETY BOND OR OTHER SECURITY: h/A
SECTION 2
SPECIAL PROVISIONS
BEFORE THE EXECUTION OF THIS LEASE, ITS PROVISIONS ARE AMENDED, REVISED OR
SUPPLEMENTED AS FOLLOWS:
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SECTION 3
LAND DESCRIPTION W 22402
A portion of the Southwest Quarter of Section 31, Township 4 North, Range
7 East, Mount Diablo Base and Meridian, being described as follows:
Commencing at the Southeast corner of Lot 40, LAWRENCE
HOMESTEAD ADDITION, as filed for record April 5, 1920, in
Volume 10, page 5, San Joaquin County Records; thence North
1°20'00" West, along the East line of said Lot, to the south
bank of -the Mokelumne River and to the TRUE POINT OF
BEGINNING; thence the following five courses: (1) South 55*
44'00" West, 40 feet; (2) North 34°16'00" West, 40 feet;
(3) North 55044'00" East, 120 feet; (4) South 3416'00" East,
40 feet; (5) South 55°44'00" West, 80 feet; to the TRUE POINT
OF BEGINNING.
END OF DESCRIPTION
PREPARED APRIL 25, 1980 BY TECHNICAL SERVICES UNIT, ROY MINNICK, SUPERVISOR.
SECTION 4
GENERAL PROVISIONS
t. GENERAL
These provisions are applicable to all leases, permits, rights-of-
way, easements, or licenses or other interests in real property con-
veyed by the State Lands Commission.
CONSIDERATION
(a) Categories:
(1) Rental:
Lessee shall pay the annual rental as stated in Section 1
or 2 to Lessor without deduction, delay or offset, on or before
the beginning date of this Lease and on or before each anni.
versary of its beginning date during each year of the Lease
term.
(2) Royalty or other consideration:
Lessee shall pay a royalty or other consideration in the
amount, method and manner as specified in Section 1 or 2.
(3) Non -Monetary Consideration:
If a monetary rental, royalty, or other consideration is
not specified in Section 1 or 2, consideration to Lessor for this
Lease shall be the public use, benefit, health or safety, as
appropriate, however Lessor shall have the right to review
such consideration at any time and to set a monetary rental if
the State Lands Commission, at its sole discretion, deter-
mines that such action is in the best interest of the State.
Lessee shall notify Lessor within ten (10) days in the event
that the public is charged any director indirect fee for use and
enjoyment of the Lease Premises.
(b). Modification:
Lessor may modify the amount or rate of consideration effec-
tive 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 anyone (1) of the nextfour(4)
anniversaries following such fifth anniversary, without prejudice
to its right to effect such modification on the next or any succeed-
ing fifth anniversary. Any modification of the amount or rate of
consideration made pursuant to this paragraph shall conform
to Title 2, Division 3 of the California Administrative Code and no
such modification shall become effective unless Lessee is given
written notice at least sixty (60) days prior to the effective date.
pressly authorized in Section Tor 2 o this Lease shall becon-
structed by the Lessee on the Lease Premises without the
prior written consent of Lessor. Lessee shall notify Lessor
within ten (10) days after commencing the construction of
authorized improvements and within sixty (60) days after
completing them.
(2) Alteration or Removal —Except as provided under this
Lease, no alteration or removal of existing improvements on
or natural features of the Lease Premises shall be undertaken
without the prior written consent of Lessor.
(d) Conservation:
Lessee shall practice conservation of water and other natural
resources and shall prevent pollution and harm to the environ-
ment in or on the Lease Premises.
(e) Enjoyment:
Nothing in this lease shall preclude Lessee from excluding
persons from the Lease Premises when their presence or activity
constitute a material interference with Lessee's use and enjoy-
ment of the Lease Premises as provided under this Lease.
(i) Discrimination:
Lessee in its use of the Lease Premises shall not discriminate
against any person or class of persons on the basis of race, color,
creed, national origin, sex, age, or physical handicap.
(g) Residential Use:
Unless otherwise allowed under this Lease, improvements
on the Lease Premises shall not be used as a residence or for the
purpose of mooring a floating residence.
5. RESERVATIONS, ENCUMBRANCES AND RIGHTS-OF-WAY
(a) Reservations:
(1) Lessor expressly reserves an natural resources in or on
the Lease Premises, including but not limited to oil, coal,
natural gas and other hydrocarbons, minerals, aggregates,
timber and geothermal resources, as well as the right togrant
leases in and over the Lease Premises for the extraction of
such natural resources, however such leasing shall be
neither inconsistent nor incompatible with the rights cc
privileges of lessee under this Lease.
(c) Penalty and Interest:
Any installments of rental, royalty, or other consideration (2) Lessor expressly reserves a right to go on the Lease
accruing under this Lease not paid when due shall be subjectto a Premises and all improvements for any purpose associated
penalty and shall bear interest as specified in Public Resources with this Lease or for carrying out any function required by
Code Section 6224 and Section 2. law, or the rules, regulations or management policies of the
State Lands Commission. Lessor shalt have a right of reason -
3. BOUNDARIES able access to the Lease Premises across Lessee owned or
This Lease is not intendedto establish the State's boundaries and occupied lands adjacent to the Lease Premises for any pur-
is made without prejudice to either party regarding any boundary pose associated with this Lease.
claims which may be asserted presently or in the future.
4. LAND USE
(a) General:
Lessee shall use the Lease Premises only for the purpose or
purposes stated in Section 1 or 2 and only for the operation and
maintenance of the improvements authorized in Section 1 or 2.
Lessee shall commence use of the Lease Premises within ninety
(90) days of the beginning date of this lease. Thereafter Lessee's
discontinuance of such use for a period of ninety (90) days shall
be conclusively presumed to be an abandonment.
(b) Repairs and Maintenance:
Lessee shall, at its own expense, keep and maintain the
Lease Premises and all improvements in good order and repair
and safe condition.
(c) Additions, Alterations and Removal:
(1) Additions — No improvements other than those ex -
(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 bythis Lease, however, such ease-
ment or right-of-way shall be neither inconsistent nor in-
compatible with the rights or privileges of Lessee under this
Lease.
(4) Lessor expressly reserves the right to lease, convey, or
encumber the Lease Premises, in whole or in part, duringthe
lease term for any purpose not inconsistent nor incompatible
with the rights or privileges of Lessee under this Lease.
(b) Encumbrances:
This Lease may be subject to pre-existing contracts, leases,
licenses, easements, encumbrances and claims and it is nude
without warranty by Lessor of title, co:odition or fitnessof the land
for the stated or intended use.
Form 51.15 It/"
(c) Rights -of -Way:
If this Lease is for a right-of-way covering one or more pipe-
lines or conduits, the Lease Premises include only land actually
underlying *the pipelines or conduits, and Lessor hereby grants to
Lessee a non-exclusive right to go onto the lands adjacent to the
Lease Premises as is reasonable and necessary for installation,
inspection and maintenance of the pipelines or conduits.
6. RULES, REGULATIONS AND TAXES
(a) Lessor and Lessee shall comply with and be bound by all
presently existing or subsequently enacted rules, regulations,
statutes or ordinances of the State Lands Commission or any
other governmental agency or entity having lawful authority and
jurisdiction.
(b) Lessee recognizes and understands in accepting this Lease
that it may be liable for a possessory interest tax imposed by a city
or county on its leasehold interest and that its payment of such
a tax shall not reduce the amount of consideration due Lessor
under this Lease and that Lessor shall have no liability for the
payment of such a tax.
7. INDEMNITY
(a) Lessor shall not be liable and Lessee shall indemnify, hold
harmless and, at the option of Lessor, defend Lessor, its officers,
agents, and employees against and for any and all liability, claims,
damages or injuries of any kind and from any cause, occurring on
the Lease Premises or improvements, or arising out of or con-
nected in any way with the issuance of this Lease.
(b) Lessee shall give prompt notice to Lessor in case of any
accident, injury or casualty on the Lease Premises -
8. LIABILITY INSURANCE
(a) If so specified in Section 1 or 2. Lessee shall obtain at its
own expense and keep in full force and effect during the Lease
term with an insurance company acceptable to Lessor compre-
hensive liability insurance, for specified categories and amounts,
insuring Lessee and Lessor against any and all claims or liability
arising out of the ownership, use, occupancy, condition or main-
tenance of the Lease Premises and all improvements.
(b) The insurance policy or policies shall name the State as an
additional insured or co-insured party as to the Lease Premises
and shall identify the Lease by its assigned number. Lessee shall
provide Lessor with a certificate of such insurance and shall
keep such certificate current.
(c) The liability insurance coverage specified in this Lease shall
be in effect at all times during the Lease term and subsequently
until all of the Lease Premises have been either accepted as im-
proved by Lessor or restored pursuant to Paragraph 13.
SURETY BOND
(a) If so specified in Section 1, Lessee shall provide a surety bond
or other security device acceptable to Lessor, for the specified
amount, and naming the State of California as the assured, to
guarantee to Lessor the faithful observance and performance
by Lessee of all of the terms, covenants and conditions of this
Lease.
(b) Lessor may increase the amount of the surety bond or other
security device to cover any additionally authorized improve-
ments, alterations or purposes and any modification of
consideration.
(c) The surety bond or other security device shall be maintained
in full force e! d effect at all times during the Lease term and sub-
sequently until all of the Lease Premises have been either
accepted as improved by Lessor or restored pursuant to Para-
graph 13.
10. ASSIGNMENT, ENCUIIBRANCING OR SUBLETTING
(a) Lessee shall not either voluntarily or by operation of taw,
assign, transfer, mortgage, pledge, hypothecate or encumber this
Lease and shalt 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.
(b) This Lease shall be appurtenant to littoral or riparian land
and any ownership interest or use rights of Lessee in such lands
and it shall not be severed from such rights or interests without
the prior written consent of Lessor.
11. DEFAULT AND REMEDIES
(a) Default:
The occurrence of any one or more of the following events
shall constitute a default or breach of this Lease by Lessee:
(1) Lessee's failure to make any payment of rental, royalty.
or other consideration as required under this Lease.
(2) Lessee's failureto obtain or maintain fiability insurance
or a surety bond or other security device as required under
this Lease.
(3) Lessee's vacation or abandonment of the Lease
Premises during the Lease term.
(4) Lessee's failure to observe or perform any other term.
covenant or condition of this Lease to be observed or per-
formed by the Lessee when such failure shall continue for a
period of sixty (60) days after Lessor's giving written notice.
however, if the nature of Lessee's default or breach is such
that more than sixty (60) days are reasonably required for its
cure, then Lessee shall not be deemed to be in default or
breach if Lessee commences such cure within such sixty(60)
day period and diligently proceeds with such cure to
completion.
(b) Remedies:
In the event of a default or breach by Lessee and Lessees
failure to cure such default or breach. Lessor mayatanytime and
with or without notice do any one or more of the following:
(1) Re-enter the Lease Premises remove ail persons and
property, and respossess and enjoy such premises.
(2) Terminate this tease and Lessee's right of possession
of the Lease Premises. Such termination shall be effective
upon Lessor's giving written notice and upon receipt of such
notice Lessee shall immediately surrender possession cf the
Lease Prenlisn to LESsor.
(3) Maintain this Leas_ in full force and effect and recover
any rental, royalty, or other considerationas they become due
without terminating Lessee's right of possession regardless
of whether Lessee shall have abandoned the Lease
Premises.
(4) Exercise any other right or remedy which Lessor may
have at law or in equity.
12. LESSEE'S TERMINATION
Lessee may terminate this Lease for any reason upon giving
Lessor at least sixty (60) days prior written notice- Lessee agreesthat
on the effective date of termination it shall responsibly leave and
surrender the Lease Premises to Lessor in a state of good order,
condition, repair, and restoration as provided under Paragraphs 4(b}
and 13. The exercise of such right of termination shall not release
Lessee from liability for any unpaid but accrued rental, royalty or other
consideration which may be due under this Lease or from any other
obligations still applicable under the Lease. No portion of any rental
paid by Lessee in advance shall be refunded.
13. RESTORATION OF LEASE PREMISES
(a) Upon expiration or sooner termination*of this Lease, Lessor
may accept all or any portion of the Lease Premises, as then im-
proved with structures, buildings, pipelines, machinery, facilities
and fills in place; or Lessor may require Lessee to remove all
or any portion of such improvements at its sole expense and risk;
or Lessor may itself remove or have removed all or any portion of
such improvements at Lessee's sole eApense.
(b) In removing any such improvements Lessee shalt restore the
Lease Premises as nearly as possible to the conditions existing
prior to their installation or construction.
(c) All such removal and restoration shall be to the satisfaction
of Lessor and shall be completed within ninety (90) days of the
expiration or sooner termination of this Lease.
(2) Any such waiver shalt not be deemed to be a waiver of
any other term, covenant or condition or any other default or
breach of any term, covenant or condition of this Lease_
(b) Time:
Time is of the essence of this Lease and each and all of its
terms. covenants or conditions in which performance is a factor.
(c) Notice:
All notices required to be given under this Lease shall be
given in writing, sent by United States mail with postage prepaid,
to Lessor at the offices of the State Lands Commission and to
Lessee at the address specified in Section t. 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
14. QUITCLAIM consent for one transaction or event shall not be deemed to be a
Lessee shall, within ninety (90) days of the expiration or sooner consent to any subsequent occurrence of the same or any other
termination of this Lease, execute and deliver to Lessor in a form transaction or event.
provided by Lessor a good and sufficient release of all rights under this
i ^�� g*� i t t P« v fat r refuse to deliver such a release, a written (e) Changes:
rn. trsx_�cr _ie.a:t:xn,z� ,4,q , ,. y----- Lh; P"_pyX��terminated and its term, covenants and
3 ATZ Ci CALIF09,1IA
COM, Ty OF ss.
On this day of in the year 19
before me, , a Notary Public
in and for said , county and state, personally
appeared , known to me to be the
of the
that executed the within instrument, and
also known to me to be the person who executed the within
instrument on behalf of the therein
named, and acknowledged to me that the
executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and
affixed my official seal in the County of
the day and year in this certificate first above written.
Public Ccr_o. , Agcy. and
Polit. Subd. Acknowledgment)
CITY OF LODI
LCJJLL vr.aa .,�
Notary Public, State of California
My Commission Expires
Walter J. tnich, Mayor
Attest: j'�' JR
Alice M. imche, City Clerk
STATE LANDS COMM)SS(ON
By:
Title
Date
Forza i _ 9 (r: -7 c
The issuance of this lease was authorized by the State
ACKNOIIVLEDGEMENT Lands Commision ort
fMoMh Day Year)