HomeMy WebLinkAboutReso - CC - 043-1998RESOLUTION NO. 43-98
RESOLUTION APPROVING LEASE AGREEMENT BETWEEN THE CITY OF
BURLINGAME AND THE STATE OF CALIFORNIA STATE LANDS COMMISSION
FOR THE PURPOSE OF CONSTRUCTING, ACCESSING, AND MAINTAINING THE
BICYCLE/PEDESTRIAN BRIDGE ACROSS THE STATE-OWNED CHANNEL AT
BEACH ROAD -- CITY PROJECT NO. 8926
RESOLVED, by the City Council of the City of Burlingame, California:
WHEREAS, the City is beginning the reconstruction and improvement of the
bicycle/pedestrian access between Beach Road and Bayside Park along Sanchez Lagoon, which
will be an important improvement to the community's enjoyment of the Bayfront area; and
WHEREAS, the State of California is willing to lease to the City at no cost the right to
construct, access, and maintain the bridge across the State-owned channel connecting Sanchez
Lagoon to San Francisco Bay; and
WHEREAS, the terms of the proposed lease agreement are fair and equitable and in the
public interest,
NOW, THEREFORE, it is hereby resolved and determined as follows:
1. The Lease Agreement between the City and the State Lands Commission attached
hereto as Exhibit A is approved.
The City Manager is authorized and directed to execute the Lease Agreement by
and on behalf of the City.
3. The City Clerk is requested and authorized to attey$ Ks signatu4ejohe Lease
Agreement.
MAYOR
I, JUDITH A. MALFATTI, City Clerk of the City of Burlingame, do hereby certify that
the foregoing resolution was introduced at a regular meeting of the City Council held on the -5 th
day of MAY ,1998, and was adopted thereafter by the following vote:
AYES: COUNCILMEMBERS: GALLIGAN, JANNEY, KNIGHT, O'MAHONY, SPINELLI
NOES: COUNCILMEMBERS: NONE
CAW P51\FQ.ES\RESO\state1mcLpwd.wpd
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. 026-363-470
County San Mateo
W 25449
LEASE PRC
This Lease consists of this summary and the following attached and incorporated parts:
Section 1 Basic Provisions
Section 2 Special Provisions Amending or Supplementing Section 1 or 4
Section 3 Description of Lease Premises
Section 4 General Provisions
SECTION 1
BASIC PROVISIONS
THE STATE OF CALIFORNIA, hereinafter referred to as Lessor acting by and through the
CALIFORNIA STATE LANDS COMMISSION (100 Howe Avenue, Suite 100 -South, Sacramento,
California 95825-8202), pursuant to Division 6 of the Public Resources Code and Title 2, Division 3 of
the California Code of Regulations, and for consideration specified in this Lease, does hereby Iease,
demise and let to:
City of Burlingame
hereinafter referred to as Lessee:
WHOSE MAILING ADDRESS IS: 501 Primrose Road
Burlingame, CA 94010
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: Sovereign
LOCATION: Bay Front Channel and Sanchez Creek Lagoon, Burlingame, San Mateo County.
LAND USE OR PURPOSE: Installation of pedestrian/bike bridge abutment, along with temporary
construction easement.
TERM: Twenty-five (25) years; beginning May 1, 1998; ending April 30, 2023, 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 interest.
Subject to modification by Lessor as specified in Paragraph 2(b) of Section 4 - General Provisions.
AUTHORIZED IMPROVEMENTS
EXISTING:
Pedestrian/bike bridge abutment
X TO BE CONSTRUCTED; CONSTRUCTION MAY BEGIN: June 1, 1998
AND BE COMPLETED BY: December 31, 1998
LIABILITY INSURANCE: N/A
SURETY BOND OR OTHER SECURITY: N/A
SECTION 2
SPECIAL PROVISIONS
BEFORE THE EXECUTION OF THIS LEASE, ITS PROVISIONS ARE AMENDED,
REVISED OR SUPPLEMENTED AS FOLLOWS:
SECTION 3 - LAND DESCRIPTION
TO BE ADDED LATER
PARCEL 1 - BRIDGE ABUTMENT
PARCEL 2 - ACCESS AND MAINTENANCE EASEMENT
SECTION 4
GENERAL PROVISIONS
1. GENERAL within sixty (60) days after completing them. Lessee'
These provisions are applicable to all leases, permits, rights- discontinuance of such use for a period of ninety (90) day
of -way, easements, or licenses or other interests in real shall be conclusively presumed to be an abandonment.
property conveyed by the State Lands Commission.
2. CONSIDERATION
(a) Categories
(1) Rental
Lessee shall pay the annual rental as stated in this
Lease to Lessor without deduction, delay or offset, on or
before the beginning date of this Lease and on or before
each anniversary of its beginning date during each year
of the Lease term.
(2) Non -Monetary Consideration
If the consideration to Lessor for this Lease is the
public use, benefit, health or safety, Lessor shall have
the right to review such consideration at any time and set
a monetary rental if the State Lands Commission, at its
sole discretion, determines that such action is in the best
interest of the State.
(b) Modification
Lessor may modify the method, amount or rate of
consideration effective on each fifth anniversary of the
beginning date of this Lease. Should Lessor fail to exercise
such right effective on any fifth anniversary it may do so
effective on any one (1) of the next four (4) anniversaries
following such fifth anniversary, without prejudice to its right
to effect such modification on the next or any succeeding fifth
anniversary. No such modification shall become effective
unless Lessee is given at least thirty (30) days notice prior to
the effective date.
(c) Penalty and Interest
Any installments of rental accreting under this Lease not
paid when due shall he subject to a penalty and shall bear
interest as specified in Public Resources Code Section 6224
and the Lessor's then existing administrative regulations
governing penalty and interest.
3. BOUNDARIES
This Lease is not intended to establish the State's boundaries
and is made without prejudice to either party regarding any
boundary claims which may be asserted presently or in the
future.
4. LAND USE
(a) General
Lessee shall use the Lease Premises only for the purpose
or purposes stated in this Lease and only for the operation and
maintenance of the improvements expressly authorized in this
Lease. Lessee shall commence use of the Lease Premises
within ninety (90) days of the beginning date of this Lease or
within ninety (90) days of the date set for construction to
commence as set forth in this Lease, whichever is later.
Lessee shall notify Lessor within ten (10) days after
commencing the construction of authorized improvements and
(b) Continuous Use
Lessee's use of the Lease Premises shall be continuou
from commencement of the Lease until its expiration.
(c) Repairs and Maintenance
Lessee shall, at its own expense, keep and maintain th
Lease Premises and all improvements in good order and repai
and in safe condition. Lessor shall have no obligation fo
such repair and maintenance.
(d) Additions, Alterations and Removal
(1) Additions - No improvements other than [host
expressly authorized in this Lease shall be constructed b,
the Lessee on the Lease Premises without the prio
written consent of Lessor.
(2) Alteration or Removal - Except as provided unde:
this Lease, no alteration or removal of improvements of
or natural features of the Lease Premises shall b(
undertaken without the prior written consent of Lessor.
(e) Conservation
Lessee shall practice conservation of water, energy, anc
other natural resources and shall prevent pollution and harn
to the environment. Lessee shall not violate any law of
regulation whose purpose is to conserve resources or tc
protect the environment. Violation of this section shalt
constitute grounds for termination of the Lease. Lessor, by it,
executive officer, shall notify Lessee, when in his or het
opinion, Lessee has violated the provisions of this section anc
Lessee shall respond and discontinue the conduct or remed)
the condition within 30 days.
(t) Torics
Lessee shall not manufacture or generate hazardous
wastes on the Lease Premises unless specifically authorized
under other terms of this Lease. Lessee shall be fully
responsible for any hazardous wastes, substances or materials
as defined under federal, state or local law, regulation, or
ordinance that are manufacutred, generated, used, placed,
disposed, stored, or transported on the Lease Premises during
the Lease tetra and shall comply with and be bound by all
applicable provisions of such federal, state or local law,
regulation or ordinance dealing with such wastes, substances
or materials. Lessee shall notify Lessor and the appropriate
governmental emergency response agency(ies) immediately in
the event of any release or threatened release of any such
wastes, substances or materials.
(g) Enjoyment
Subject to the provisions of paragraph 5 (a) (2) below,
nothing in this Lease shall preclude Lessee from excluding
persons from the Lease Premises when their presence or
activity constitutes a material interference with Lessee's use
Page 3
policy. The coverage provided by the insured (Lessee) shall
be primary and non-contributing.
(c) The insurance coverage specified in this Lease shall be
in effect at all times during the Lease term and subsequently
until all of the Lease Premises have been either accepted as
improved, 1%y Lessor, or restored by Lessee as provided
elsewhere in this Lease.
9. SURETY BOND
(a) Lessee shall provide a surety bond or other security
device acceptable to Lessor, for the specified amount, and
naming the State of California as the assured, to guarantee to
Lessor the faithful observance and performance by Lessee of
all of the terms, covenants and conditions of this Lease.
(b) Lessor may require an increase in the amount of the
surety bond or other security device to cover any additionally
authorized improvements, alterations or purposes and any
modification of consideration.
(c) The surety bond or other security device shall be
maintained in full force and effect at all times during the
Lease term and subsequently until all of the Lease Premises
have been either accepted as improved, by Lessor, or restored
by Lessee as provided elsewhere in this Lease.
10. ASSIGNMENT, ENCUMBRANCING OR SUBLETTING
(a) Lessee shall not either voluntarily or by operation of law,
assign, transfer, mortgage, pledge, hypothecate or encumber
this Lease and shall not sublet the Lease Premises, in whole
or in part, or allow any person other than the Lessee's
employees, agents, servants and invitees to occupy or use all
or any portion of the Lease Premises without the prior written
consent of Lessor, which consent shall not be unreasonably
withheld.
(b) The following shall be deemed to be an assignment or
transfer within the meaning of this Lease:
(1) If Lessee is a corporation, any dissolution, merger,
consolidation or other reorganization of Lessee or sale or
other transfer of a percentage of capital stock of Lessee
which results in a change of controlling persons, or the
sale or other transfer of substantially all the asses of
Lessee;
(2) If Lessee is a partnership, a transfer of any interest
of a general partner, a withdrawal of any general partner
from the partnership, or the dissolution of the
partnership.
(c) If this Lease is for sovereign lands, it shall be
appurtenant to adjoining littoral or riparian land and Lessee
shall not transfer or assign is ownership interest or use rights
in such adjoining lands separately from the leasehold rights
granted herein without the prior written consent of Lessor.
(d) If Lessee desires to assign, sublet, encumber or otherwise
transfer all or any portion of the Lease Premises, Lessee shall
do all of the following:
(1) Give prior written notice to Lessor;
(2) Provide the name and complete business
organization and operational structure of the proposed
assignee, sublessee, secured third parry 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. If the proposed
assignee, sublessee or secured third party is a general or
limited partnership, or a joint venture, provide a copy of
the partnership agreement or joint venture agreement, as
applicable;
(3) Provide the terms and conditions of the proposed
assignment, sublease, or encumbrancing or other
transfer;
(4) Provide audited financial statements for the two
most recently completed fiscal years of the proposed
assignee, sublessee, secured parry or other transferee;
and provide pro forma financial statements showing the
projected income, expense and financial condition
resulting from use of the Lease Premises; and
(5) Provide such additional or supplemental information
as Lessor may reasonably request concerning the
Proposed assignee, sublessee, secured party or other
transferee.
Lessor will evaluate proposed assignees, sublessees,
secured third parties and other transferees and grant
approval or disapproval according to standards of
commercial reasonableness considering the following
factors within the context of the proposed use: the
proposed patty'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 is approval of the proposed
parry•
(f) Lessee's mortgage or hypothecation of this Lease, if
approved by Lessor, shall be subject to terms and conditions
found in a separately drafted standard form (Agreement and
Consent to Entcumbrancing of Lease) available from Lessor
upon request.
(g) Upon the express written assumption of all obligations
and duties under this Lease by an assignee approved by
Lessor, the Lessee may be released from all liability under
this Lease arising after the effective date of assignment and
not associated with Lessee's use, possession or occupation of
Form 51.15 (Rev. 4196)
Page 5
shall be to the satisfaction of Lessor and shall be completed
within ninety (90) days after the expiration or sooner
termination of this Lease or after compliance with paragraph
12(d), whichever is the lesser.
(d) In removing any or all the improvements Lessee shall be
required to obtain any permits or outer governmental
approvals as may then be required by lawful authority.
(e) Lessor may at any time during the Lease term require
Lessee to conduct at its own expense and by a contractor
approved by Lessor an independent environmental site
assessment or inspection for the presence or suspected
presence of hazardous wastes, substances or materials as
defined under federal, state or local law, regulation or
ordinance manufactured, generated, used, placed, disposed,
stored or transported on the Lease Premises during the term
of the Lease. Lessee shall provide the results of the
assessment or inspection to Lessor and the appropriate
governmental response agency(ies) and shall further be
responsible for removing or taking other appropriate remedial
action regarding such wastes, substances or materials in
accordance with applicable federal, state or local law
regulation or ordinance.
13. QUITCLAIM
Lessee shall, within ninety (90) days of the expiration or
sooner termination of this Lease, execute and deliver to
Lessor in a form provided by Lessor a good and sufficient
release of all rights under this Lease. Should Lessee fail or
refuse to deliver such a release, a written notice by Lessor
reciting such failure or refusal shall, from the date of its
recordation, be conclusive evidence against Lessee of the
termination of this Lease and all other claimants.
iM. HOLDING -OVER
Any holding -over by Lessee after the expiration of the Lease
term, with or without the express or implied consent of
Lessor, shall constitute a tenancy from month to month and
not an extension of the Lease term and shall be on the terms,
covenants, and conditions of this Lease, except that the annual
rental then in effect shall be increased by twenty-five percent
(25%).
15. ADDITIONAL PROVISIONS
(a) Waiver
(1) No term, covenant, or condition of this Lease and
no default or breach of any such term, covenant or
condition shall be deemed to have been waived, by
Lessor's acceptance of a late or nonconforming
performance or otherwise, unless such a waiver is
expressly acknowledged by Lessor in writing.
(2) Any such waiver shall not be deemed to be a waiver
of any other term, covenant or condition of any
other default or breach of any term, covenant or
condition of this Lease.
(b) Time
Time is of the essence of this Lease and each and all of
its terms, covenants or conditions in which performance
is a factor.
(c) Notice
All notices required to be given under this Lease shall be
given in writing, sent by U.S. Mail with postage prepaid,
to Lessor at the offices of the State Lands Commission
and the Lessee at the address specified in this Lease.
Lessee shall give Lessor notice of any change in its name
or address.
(d) Consent
Where Lessor's consent is required tinder 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 parry to this Lease, the
obligations of the Lessees shall be joint and several.
(h) Captions
The captions of this Lease are not controlling and shall
have no effect upon is construction or interpretation.
(i) Severability
If any term, covenant or condition of this Lease is
determined by a court of competent jurisdiction to be
invalid, it shall be considered deleted and shall not
invalidate any of the remaining terms, covenants and
conditions.
Form 51.15 (Rev. 4/96)
Page 6
STATE OF CALIFORNIA - STATE LANDS COMMISSION
LEASE P.R.C. NO.
This Lease shall become effective only when approved by and executed on behalf of the State Lands
Commission of the State of California and a duly executed copy has been delivered to Lessee. The submission
of this Lease by Lessor, its agent or representative for examination by Lessee does not constitute an option or
offer to lease the Lease Premises upon the terms and conditions contained herein, or a reservation of the Lease
Premises in favor of Lessee. Lessee's submission of an executed copy of this Lease to Lessor shall constitute
an offer to Lessor to lease the Lease Premises on the terms and conditions set forth herein.
IN WITNESS WHEREOF, the parties hereto have executed this Lease as of the date hereafter affixed.
LESSEE
` City Manager
Y
C' A torney
ACKNOWLEDGEMENT
ATTEST:
City C1erk
STATE OF CALIFORNIA
STATE LANDS COMMISSION
By:
Title:
Date:
This Lease was authorized by the
California State Lands Commission on
(Month Day Year)
Form 51.15 (Rev. 4/96)