HomeMy WebLinkAboutReso - CC - 003-2025RESOLUTION NO. 003-2025
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME AUTHORIZING
THE CITY MANAGER TO EXECUTE THE GENERAL LEASE – PUBLIC AGENCY USE
AGREEMENT NO. 8034 WITH THE CALIFORNIA STATE LANDS COMMISSION FOR
ASSESSOR’S PARCEL NUMBER 026-363-470
WHEREAS, General Lease Agreement No. 8034 between the City of Burlingame and the
California State Lands Commission was originally approved on June 19, 1998, and the 25-year
agreement expired on April 30, 2023; and
WHEREAS, the lease agreement was for the use of a bicycle and pedestrian bridge and
abutment, maintenance easement, and one water pipeline attached to the bridge that crosses the
Bay Front Channel and connects Beach Road to the trail behind the properties between 555 and
777 Airport Boulevard; and
WHEREAS, in December 2023, staff filed for an extension of General Lease – Public
Agency Use Agreement No. 8034 with the California State Lands Commission; and
WHEREAS, to maintain access and protect City owned infrastructure, City staff negotiated
with the California State Lands Commission to extend the existing lease for another 25 years,
with the new lease agreement term from October 17, 2024, to October 16, 2049; and
WHEREAS, the State Lands Commission approved the new lease agreement at their
October 17, 2024, meeting.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BURLINGAME RESOLVES
AND ORDERS:
1. The facts in the recitals above and in the staff report are true and correct.
2. The City Council approves and authorizes the City Manager to execute the new lease
agreement (8034) in the form attached hereto.
___________________________
Peter Stevenson, Mayor
Docusign Envelope ID: 1B3808A3-50D6-4D1E-9918-B137909242D6
I, Meaghan Hassel-Shearer, 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 21st
day of January, 2025, and was adopted thereafter by the following vote:
AYES: COUNCILMEMBERS: BROWNRIGG, COLSON, PAPPAJOHN, STEVENSON, THAYER
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
___________________________
Meaghan Hassel-Shearer, City Clerk
Docusign Envelope ID: 1B3808A3-50D6-4D1E-9918-B137909242D6
RECORDED AT THE REQUEST OF
AND WHEN RECORDED MAIL TO:
STATE OF CALIFORNIA
California State Lands Commission
Attn: Land Management Division
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
SPACE ABOVE THIS LINE FOR RECORDER'S USE
A.P.N.: 026-363-470
County: San Mateo
LEASE 8034
This Lease consists of this summary and the following attached and incorporated parts:
Section 1 Basic Provisions
Section 2 Special Provisions Amending or Supplementing Section 1 or 3
Section 3 General Provisions
Exhibit A Land Description
Exhibit B Site and Location Map
SECTION 1: BASIC PROVISIONS
THE STATE OF CALIFORNIA, hereinafter referred to as Lessor acting by and through the
CALIFORNIA STATE LANDS COMMISSION (100 Howe Avenue, Suite 100-South,
Sacramento, California 95825-8202), pursuant to Division 6 of the Public Resources
Code and Title 2, Division 3 of the California Code of Regulations, and for
consideration specified in this Lease, does hereby lease, demise, and let to CITY OF
BURLINGAME, hereinafter referred to as Lessee, those certain lands described in Exhibit
A hereinafter referred to as Lease Premises, subject to the reservations, terms,
covenants, and conditions of this Lease.
MAILING ADDRESS:
501 Primrose Road
Burlingame, CA 94010
LEASE TYPE:
General Lease – Public Agency Use
LAND TYPE:
Sovereign
LOCATION:
Bay Front Channel, Burlingame, as described in Exhibit A attached and by this
reference made a part hereof.
LAND USE OR PURPOSE:
Use of a bicycle and pedestrian bridge, abutment, maintenance easement, and one
water pipeline attached to the bridge.
TERM:
25 years; beginning October 17, 2024; ending October 16, 2049, 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.
AUTHORIZED IMPROVEMENTS:
X EXISTING: Bicycle and pedestrian bridge and abutment, maintenance easement,
and one water pipe.
LIABILITY INSURANCE:
$0
SURETY BOND OR OTHER SECURITY:
$0
SECTION 2: SPECIAL PROVISIONS
BEFORE THE EXECUTION OF THIS LEASE, ITS PROVISIONS ARE AMENDED, REVISED, OR
SUPPLEMENTED AS FOLLOWS:
1. Lessee acknowledges that the lands described in Exhibits A and B of this Lease are
subject to the Public Trust and are presently available to members of the public for
recreational use, waterborne commerce, navigation, fisheries, open space, or other
recognized Public Trust uses and that Lessee’s use of the Lease Premises must not
interfere with or limit the Public Trust rights of the public.
2. Lessee shall not install, attach, or authorize the placement or attachment of any
additional utilities or other improvements on the bridge or within the Lease Premises
without Lessor’s prior review and approval. Separate Leases may be required for any
utilities or other improvements placed on the bridge or within the Lease Premises.
3. Lessee agrees that the provisions of Section 3, Paragraph 11 shall also extend to the
period of Lessee’s unauthorized occupation of state-owned lands, from May 1, 2023,
through October 16, 2024.
4. Section 3, Paragraph 7.3 is hereby deleted in its entirety.
/
Section 3 General Provisions Page 1 of 22 Form 51.16 (Rev. 4/24)
Section 3: General Provisions
Paragraph 1: Definitions
“Applicable Laws” are all local, state, and federal statutes, regulations, rules,
codes (including building codes), ordinances, judgments, orders, notice
requirements, and other requirements of governmental authorities pertaining to
the use or condition of the Lease Premises and the conduct of Lessee’s business
thereon in effect as of the date of execution of this Lease or subsequently
enacted and lawfully applied hereto.
“Damages” are all liabilities, demands, claims, actions, or causes of action
whether regulatory, legislative, or judicial in nature; all assessments, levies, losses,
fines, penalties, damages, costs, and expenses, including, without limitation: (i)
reasonable attorneys’, accountants’, investigators’, and experts’ fees and
expenses sustained or incurred in connection with the defense or investigation
of any such liability, and (ii) costs and expenses incurred to bring the Lease
Premises into compliance with Applicable Laws, Environmental Laws, a court
order, or applicable provisions of a Regulatory Agency. The term “Damages”
also includes those Damages that arise as a result of strict liability, whether
arising under Environmental Laws or otherwise.
“Environmental Laws” are any and all federal, state, or local environmental,
health, or safety-related laws, regulations, standards, decisions of courts,
ordinances, rules, codes, orders, decrees, directives, guidelines, permits, or
permit conditions, treaties and conventions, currently existing and as amended,
enacted, issued, or adopted in the future that are or become applicable to
Lessee, and the Lease Premises with respect to: (a) the protection, preservation,
or clean-up of the environment, wildlife, habitat, or natural resources; (b) the
use, treatment, storage, transportation, handling, or disposal of Hazardous
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; or (e) the health and safety of persons or
property.
“Hazardous Materials” are any chemical, substance, material, controlled
substance, object, condition, waste, living organism, or combination thereof
that is or may be hazardous to human health or safety or to the environment
due to its radioactivity, ignitability, corrosivity, reactivity, explosivity, toxicity,
Section 3 General Provisions Page 2 of 22 Form 51.16 (Rev. 4/24)
carcinogenicity, mutagenicity, phytotoxicity, infectiousness, or other harmful or
potentially harmful properties or effects, including, without limitation, tobacco
smoke, petroleum and petroleum products, asbestos, radon, polychlorinated
biphenyls (PCBs), and all of those chemicals, substances, materials, controlled
substances, objects, conditions, wastes, living organisms, or combinations
thereof that are now or become in the future listed, defined, or regulated in any
manner by any Environmental Laws based on, directly or indirectly, such
properties or effects.
“Improvements” are any modification, alteration, addition, or removal of any
material and any other action that changes the condition of the Lease Premises
from the natural state, whether situated above, on, or under the Lease Premises.
Improvements include any construction situated on or placement of material
within the Lease Premises regardless of value.
“Lease” is this document together with all subsequent amendments and
exhibits.
“Major Repairs” means any work that requires a permit or approval from other
agencies, requires environmental review, or requires rebuilding or replacing any
of the authorized Improvement(s).
“Mineral Resources” includes timber, crops, sand, oil, gas, hard rock minerals
and other mineral deposits as defined in Public Resources Code section 6407.
“Natural Resources” are all of the flora and fauna native to both the upland
terrestrial, fresh water, coastal and marine ecosystems within, and adjacent to,
the lease premises.
“Public Trust” means the constitutional, statutory, and common law doctrine
providing the state’s sovereign authority over the navigable waters of the state,
including the tidelands and submerged lands underlying those waters that are
held in trust for the benefit of all the people of the state and for purposes that
include maritime or water-dependent commerce, navigation, fisheries, the
preservation of lands in their natural state for scientific study, open space,
wildlife habitat, and water-oriented recreation.
“Repairs” means work to maintain the Lease Premises and Improvements
thereon in good, safe, and clean condition. Repairs are work that is minor in
scope, do not require obtaining permits, approvals, or authorizations from other
agencies, such as building permits, and do not require environmental review
under State or Federal environmental laws.
Section 3 General Provisions Page 3 of 22 Form 51.16 (Rev. 4/24)
Paragraph 2: Rent
2.1. Absolute Triple Net Lease. This Lease is an absolute triple net lease, meaning
Lessor has no obligation with respect to the payment of taxes, insurance, the
cost of maintenance, utilities, repairs, or other costs or obligations associated
with the Leased Premises, except as expressly stated herein.
2.2. Payment of Rent. Lessee must pay rent annually, on or before each
anniversary of this Lease unless this Lease specifies a different rent schedule. The
first installment is due on the beginning date of this Lease or within 60 days of
Lessor authorizing the Lease at a public meeting, whichever is later. Rent is due
each year in advance. Should Lessee submit payments that are less than the full
amount of rent due under this Lease, Lessor may provide a supplemental billing
invoice. Rent will not be refunded or prorated if Lessee discontinues use of the
Lease Premises during the term.
2.3. Place for Payment. All payments under this Lease must be submitted to
Lessor’s principal office as specified in this Lease. Lessee may contact Lessor’s
accounting staff for Lessor’s current practices for payment by credit card or
electronic fund transfer.
2.4. Courtesy Invoices. Lessor may send courtesy invoices to the address on file
for Lessee at least thirty (30) days before a rent payment is due. Lessor’s failure
to, or delinquency in, providing invoices will neither excuse Lessee from paying
rent nor extend the time for paying rent. If Lessor does not send a courtesy
invoice, Lessee must submit rent in the amount of the prior year’s rent when due
and contact Lessor within thirty (30) days to determine the balance due.
2.5. Penalties and Interest. Penalties for late payments of any amounts due
under this Lease and interest thereon are as provided in Title 2, California Code
of Regulations section 1911(b). Timeliness of receipt of remittances shall be as
provided in Title 2, California Code of Regulations section 1911(a).
2.6 . Annual Adjustment of Rent. The rent specified in Section 1 of this Lease will
be adjusted annually by the Consumer Price Index as specified in Title 2,
California Code of Regulations section 1900(m) & (n) unless otherwise specified
in this Lease.
2.7. Review of Non-Monetary Consideration. If rent is discounted or waived
pursuant to Title 2, California Code of Regulations section 2003(e)(4), Lessor may
review such determination at any time and set a monetary rental. Lessee shall
be given at least thirty (30) days’ notice prior to the date of the Commission
Section 3 General Provisions Page 4 of 22 Form 51.16 (Rev. 4/24)
meeting wherein the rent modification is considered, or thirty (30) days’ notice
prior to the effective date that the rent is changed, whichever provides more
notice.
2.8. Periodic Rent Review. Lessor may modify the method, amount, or rate of
consideration effective on each tenth anniversary of the beginning date of this
Lease, in addition to the last two years of the Lease as provided in Provision 14.4
below. Lessor shall consider the factors provided in Title 2, California Code of
Regulations section 2003(d) when determining whether a rent modification is
appropriate and which rental method listed in section 2003(a) should apply.
Should Lessor fail to exercise such right effective on any tenth anniversary, it may
do so on any one (1) of the next nine (9) anniversaries following such tenth
anniversary, without prejudice to its right to modify rent on the next or any
succeeding tenth 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.
2.9. If Lessor elects to prepare an appraisal to establish a new rent, Lessee may,
at its option, also provide a timely independent appraisal at its sole expense for
Lessor’s review and consideration. Prior to Lessee’s contracting for such
appraisal, Lessor and Lessee shall negotiate in good faith and agree upon the
terms and conditions for such third-party appraisal, including but not limited to
the highest and best use, appraisal methodology, and minimum appraiser
credentials. Such appraisal shall be prepared in accordance with generally
accepted and applicable appraisal standards as they are adopted from time
to time by the Appraisal Standards Board of the Appraisal Foundation, and
Lessor’s Appraisal Guidelines.
2.10. Books and Records. Lessee must keep and maintain full and accurate
accounting books and records of transactions from the Lease Premises in
accordance with generally accepted accounting principles for at least the five
(5) prior years. The accounting books and records kept and maintained by
Lessee for audit purposes must include all records, receipts, journals, ledgers,
and documents reasonably necessary to enable Lessor or its auditors to perform
a complete and accurate audit of gross sales and exclusions from gross sales in
accordance with generally accepted accounting principles. Lessee must also
maintain an original receipt for the payment of taxes, assessments, or
installments and deliver such to Lessor upon request.
Section 3 General Provisions Page 5 of 22 Form 51.16 (Rev. 4/24)
2.11. Report of Gross Income. On Lessor’s request, Lessee must submit a Report of
Gross Income on a form provided by Lessor for the prior five (5) years. This report
together with supporting documentation (hereinafter collectively referred to as
“Income Reports”) must include all business operations located on or over the
Lease Premises. The gross income of sublessees and all others generating income
on the Lease Premises must be reported separately and with sufficient
organization and detail so that Lessor can identify the source of all gross income
generated on the Lease Premises.
2.12. Audits. On not less than ten (10) days' prior written notice to Lessee, Lessor
may cause an audit to be made of the Income Reports and all of Lessee's
records and accounting books necessary (in Lessor’s judgment) to audit such
items. Lessee will make all such books and records available for the audit at the
Lease Premises or at Lessor’s offices. If the audit discloses an underpayment of
Rent, Lessee will immediately pay to Lessor the amount of the underpayment
with "Interest" (as provided in Paragraph 2.5), which will accrue from the date
the payment should have been made through and including the date of
payment. If the audit discloses an underreporting of rent in excess of two
percent (2%) of the reported Gross Income, then Lessee will also immediately
pay to Lessor all reasonable costs and expenses incurred in the audit and in
collecting the underpayment, including auditing costs and attorney fees. If the
audit discloses an overpayment of Rent, Lessee will be entitled to a credit in the
amount of the overpayment against the next rent payment(s).
Paragraph 3: Surety
3.1. Lessee to Obtain Surety. Lessee shall provide a surety bond or other security
device acceptable to Lessor when required by Section 1 of this Lease. Such
security shall be for the specified amount, name the State of California, California
State Lands Commission, as the assured, and guarantee to Lessor the faithful
observance and performance by Lessee of all the terms, covenants, and
conditions of this Lease.
3.2. Lessor’s Modification of Surety. 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: (i) if any additional Improvements or activities are authorized on
the Lease Premises; (ii) if Lessee modifies any existing Improvements such that the
cost for removal of such Improvements is increased; (iii) when a periodic rent
Section 3 General Provisions Page 6 of 22 Form 51.16 (Rev. 4/24)
review is conducted under section 2.8; (iv) on each fifth anniversary of this Lease,
(v) Lessor determines it is in the best interest of the state; (v) within the last two
years of the Lease. Should Lessor fail to exercise such right effective on any fifth
anniversary, it may do so effective on any one of the next four anniversaries
without prejudice to its right to modify the surety on the next fifth anniversary or as
otherwise provided above. Lessor will provide at least thirty (30) days’ notice prior
to the date of the Commission meeting wherein the modification of the surety is
considered, or thirty (30) days’ notice prior to the effective date of the increase.
3.3. Lessee’s Modification of Surety. Any security device required under this
Lease must be maintained at all times during the Lease term. Lessee must first
seek approval of Lessor before changing the surety holder or the type of security
device used.
Paragraph 4: Insurance
4.1. Lessee Must Insure Lease Premises. Lessee must obtain and maintain in full
force and effect during the term of this Lease comprehensive general liability
insurance and property damage insurance against any and all claims or liability
arising out of the ownership, use, occupancy, condition, or maintenance of the
Lease Premises and all Improvements. The coverage limit must be no less than
the amount specified in Section 1 of this Lease.
4.2. Insurance Policy Requirements. The insurance policy must identify the Lease
by its assigned number. The coverage provided must be primary and non-
contributing. Lessee must keep such policy current. Lessor must be named as a
“certificate holder” or an “additional interest” on the policy. Lessee must
provide Lessor with a current certificate of insurance at all times. At Lessor’s
request, Lessee must 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.
4.3. Notice to Lessor. Lessee shall notify Lessor within five (5) business days if the
insurance is canceled for any reason and shall act diligently to replace the
insurance. Failure to timely replace the insurance may result in a default of the
lease.
4.4. Modification. Lessor may require an increase in the amount of the insurance
to cover any additionally authorized Improvements, any modification of
consideration, or to provide for inflation or other increased need. Insurance
Section 3 General Provisions Page 7 of 22 Form 51.16 (Rev. 4/24)
coverage may be increased: (i) if any additional Improvements or activities are
authorized on the Lease Premises; (ii) if Lessee modifies any existing Improvements
or intensity of use; (iii) when a periodic rent review is conducted under section 2.8;
(iv) on each fifth anniversary of this Lease; (v) Lessor determines it is in the best
interest of the state; (vi)within the last two years of the Lease. Should Lessor fail to
exercise such right effective on any fifth anniversary, it may do so effective on any
one of the next four anniversaries without prejudice to its right to modify insurance
requirements on the next fifth anniversary. Lessor will provide at least thirty (30)
days’ notice prior to the date of the Commission meeting wherein the
modification of insurance is considered, or thirty (30) days’ notice prior to the
effective date of the increase.
Paragraph 5: Taxes, Assessments, and Fees
5.1. Revenue and Tax Code Section 107.6 Statement. Issuance of this Lease
creates a possessory interest that may be subject to property taxation. The
Lessee may be subject to, and is solely responsible for, any possessory interest
taxes levied on the leasehold interest.
5.2. Lessee to Pay All Taxes, Assessments, and Fees. In addition to any Rent due
under this Lease, Lessee must pay when due all real and personal property taxes
imposed on or associated with the Lease Premises during the term of this Lease.
This includes, without limitation: possessory interest taxes, assessments, special
assessments, user fees, and service charges. If this Lease begins or ends during a
tax year, Lessee must pay the taxes, assessments, and fees for the portion of the
tax year the Lease was in effect.
5.3. Reimbursement Agreements. Lessee must pay in full any amount owed on
the Application Reimbursement Agreement within 30 days of invoice.
5.4. Records of Payments. Lessee shall keep the official and original receipt for
payments required by this paragraph 5 and provide to Lessor upon request.
Paragraph 6: Land Use
6.1. Only Authorized Uses. Lessee will use the Lease Premises only for the purposes
stated in this Lease. Any additional uses or Improvements require separate
authorization from Lessor. Lessee must submit a separate application to Lessor to
amend this Lease if Lessee intends to add to or alter the Improvements on, or
change the uses of, the Lease Premises.
6.2. Lessee to Comply with All Applicable Laws. Lessee, at Lessee’s sole expense,
Section 3 General Provisions Page 8 of 22 Form 51.16 (Rev. 4/24)
will comply with all Applicable Laws. Lessee must give Lessor immediate written
notice on Lessee’s becoming aware that the use or condition of the Lease
Premises is in violation of any Applicable Laws. Lessee must obtain and maintain
all permits or other entitlements.
6.3. Lease Does Not Substitute for Permits. This Lease does not substitute for or
provide preference in obtaining approval from other federal, state, or local
agencies. Lessee is solely responsible for determining what approvals,
authorizations, or certifications are required, and will be solely responsible for all
costs incurred thereby.
6.4. No Discrimination. Lessee, in its use of the Lease Premises, must not
discriminate against any person or class of persons on any basis protected by
federal, state, or local law.
6.5. “As Is.” Lessee accepts the Lease Premises “as is” and acknowledges that:
6.5.1. Lessor, including its officers and employees, made no representations or
warranties as to the suitability of the Lease Premises for any uses authorized
under this Lease. Lessee is solely responsible for determining the suitability of the
Lease Premises for any proposed use or Improvements; and
6.5.2. Lessor, including its officers and employees, 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 Applicable Laws. Lessee agrees to inspect any
preexisting Improvements at its own cost to determine whether such
Improvements are safe and suitable for the Lessee’s intended use; and
6.5.3. Damage to or destruction of any Improvements on the Lease Premises by
any cause whatsoever does not entitle Lessee to any reduction in rent or
extension of this Lease; and
6.5.4. Any Improvements on the Lease Premises are considered personal
property and not fixtures; and
6.5.5. Lessee accepts the hazards involved in using or improving such lands.
Lessor is not responsible for any damages or reduced use of the Lease Premises
caused by: local or invasive flora or fauna, flooding, erosion, climate change,
sea level rise, storms, freezing, inclement weather of any kind, acts of god,
maintenance or failure of protective structures, and any other such hazards.
Lessee will not be reimbursed or receive offset of rent for such hazards; and
6.5.6. The Lease Premises may be subject to pre-existing contracts, leases,
Section 3 General Provisions Page 9 of 22 Form 51.16 (Rev. 4/24)
licenses, easements, encumbrances, and claims. The Lease is made without
warranty by Lessor of title, condition, or fitness of the land for the stated or
intended purpose.
6.6. Uses Inconsistent with the Public Trust Prohibited. Unless specifically
authorized in this Lease, any use of the Lease Premises which is inconsistent with
the Public Trust is prohibited when the Lease Premises are lands subject to the
Public Trust.
Paragraph 7: Climate Change
7.1. Lessee acknowledges that the Lease Premises and adjacent upland may
be subject to the hazards exacerbated by climate change, including sea level
rise. Potential hazards to the Lease Premises from climate change include but
are not limited to flood damage, erosion damage, earthquakes, tsunamis, and
damage from waves and storm-created debris. Lessee acknowledges that
these impacts associated with climate change may require additional
adaptation or protection strategies applied to the improvements on the Lease
Premises and additional maintenance.
7.2. Lessee assumes the risks associated with such potential hazards and agrees
to be solely responsible for all damages, costs, and liabilities arising as a result of
the impacts of such hazards on the Lease Premises. Any additional
maintenance or protection strategies necessitated by such hazards may be
subject to environmental review and require additional approval by the Lessor.
7.3. Lessee shall conduct monitoring reports within the first three years of lease
execution or construction, and at five-year intervals thereafter for the life of the
project; and shall also provide Lessor with monitoring reports following any
extreme event, including, but not limited to: extreme tide event (including King
Tides), earthquake, or tsunami that results in the declaration of a Local
Emergency or a State of Emergency (as defined in Cal. Gov. Code § 8558) or a
federal Emergency or Major Disaster (as defined in 44 C.F.R. § 206.2).
Paragraph 8: Environmental Matters
8.1. Lessee to Comply with Environmental Laws. Lessee, at its sole cost and
expense, will comply with all Environmental Laws.
8.2. Hazardous Materials. Lessee will immediately notify Lessor of any known
violation of any Environmental Laws, along with any action, claim, demand,
inquiry, or order relating to a violation of Environmental Laws on the Lease
Section 3 General Provisions Page 10 of 22 Form 51.16 (Rev. 4/24)
Premises. Lessee must immediately provide copies of all related documents
upon Lessor’s request. Lessee must immediately notify Lessor and the appropriate
governmental emergency response agency, or agencies in the event of any
release or threatened release of any Hazardous Material on or about the Lease
Premises.
8.3. Cleanup of Hazardous Materials. If Hazardous Materials are located on or
released onto or about the Lease Premises due to Lessee’s activities on the Lease
Premises, the Lessee is responsible for the cleanup and disposal of such
Hazardous Materials consistent with all Applicable Laws. Lessee must submit a site
assessment and removal/remediation plan prepared by a professional, licensed
and qualified to remove or remediate the Hazardous Materials for review and
approval by Lessor. If Lessor approves the plan in writing, Lessee must commence
the removal/remediation at its sole expense, in conformance with all Applicable
Laws. Alternately, Lessor may elect to perform the removal/remediation at
Lessee’s expense. Lessee must compensate Lessor for the actual cost of the
removal/remediation within thirty (30) days of receiving a written invoice from
Lessor.
8.4. Inspection. Lessee will permit Lessor or its agents to enter the Lease Premises
on 24-hour notice to inspect, monitor, or take remedial action with respect to
Hazardous Materials. If Hazardous Materials are generated, stored, or
transported on the Lease Premises, Lessor may require Lessee to conduct an
independent environmental site assessment or inspection for the presence or
suspected presence of Hazardous Materials. If this assessment or inspection is
required, Lessor will be allowed to review and approve the contractor, and the
work will be done at Lessee’s expense.
8.5. Conservation. Lessee will cooperate with and participate in conservation
programs for water, electricity, composting, natural gas and recycling
programs, including those for the collection of cardboard, metals, plastics, and
glass at Lessee’s expense.
Paragraph 9: Repairs, Major Repairs, and Alterations
9.1. Lessee Required to Perform Repairs. Lessee is solely responsible for
maintaining the Lease Premises, including all Improvements, in good order and
repair and in a clean, safe, sanitary, and orderly condition. Lessee is not required
to get Lessor’s advanced approval for routine Repairs.
9.2. Major Repairs Require Lessor Approval. Lessee must obtain Lessor’s
Section 3 General Provisions Page 11 of 22 Form 51.16 (Rev. 4/24)
advanced written approval prior to conducting any Major Repairs. The decision
whether a Repair is a Major Repair, and the decision whether a lease
amendment is necessary, will be made by Lessor and based on the scope, cost,
and impacts of the work.
9.3. Alterations Require Lessor Approval. Any material change in the size, scope,
density, type, nature, or intensity of Improvements on or uses of the Lease
Premises from what is authorized in this Lease will be considered an Alteration.
Lessee may not conduct any Alterations without a modification of this Lease
approved by Lessor. The decision whether a change constitutes an Alteration
will be made by Lessor and based on the individual facts.
9.4. Improvements in Disrepair or Unsafe Condition. Lessee’s failure to maintain
the Lease Premises or Improvements that have become unsafe or derelict
entitle Lessor to require removal under Paragraph 14. After providing notice and
opportunity to cure, Lessor may require submission of a written plan to restore
the Lease Premises under Paragraph 14. Lessee’s failure to comply shall entitle
Lessor to terminate this Lease, remove the Improvements from the Lease
Premises and recover the costs incurred in doing so from the Lessee.
Paragraph 10: Lessor’s Reservation of Rights
10.1. Non-Exclusive Lease. Lessee’s right of occupancy is non-exclusive. Lessee
may control access to the Improvements on the Lease Premises. Unless
otherwise stated in this Lease, Lessee may exclude persons from the Lease
Premises only when their presence or activity constitutes a material interference
with the Authorized Use of the Lease Premises.
10.2. Lessee Responsible for Impacts to Natural Resources and Public Trust Uses.
When the Lease Premises include school lands or sovereign lands, the Lessee is
responsible for any damage or adverse impacts to Natural Resources within or
adjacent to the Lease Premises. It is the intention of Lessor to limit the transfer of
rights under this lease to the minimum level required to carry out the primary
purpose of the Lease. Lessee’s use of the Lease Premises must minimize impacts
to the Public Trust if the Lease Premises are subject to the Public Trust. Lessee
must not interfere with public access or Public Trust uses authorized under statute
and common law.
10.3. Mineral Resources. Mineral Resources may not be removed from the Lease
Premises unless specifically authorized under this Lease. Lessee shall not extract,
sell, damage, or use Mineral Resources found within the Lease Premises without
Section 3 General Provisions Page 12 of 22 Form 51.16 (Rev. 4/24)
specific authorization under this Lease. Lessor reserves the right to grant and
transfer Mineral Resources along with the right to grant leases to third parties in
and over the Lease Premises for the extraction of such Mineral Resources. Such
leasing will not be inconsistent or incompatible with the rights or privileges of
Lessee under this Lease.
10.4. Right to Inspect. Lessor reserves the right to inspect the Lease Premises. If
access to the Lease Premises is reasonably accomplished by passing through
adjacent property owned by Lessee, Lessor shall provide 24-hour notice prior to
entry and Lessee shall grant such entry for inspection of the Lease Premises.
10.5. Statutory Reservations. Lessor reserves to the public an easement across
the Lease Premises complying with Public Resources Code section 6210.4 and
Public Resources Code section 6210.5.
10.6. Multiple Overlapping Leases Allowed. Lessor 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.
Paragraph 11: Indemnity
11.1. Lessee’s Sole Risk. Lessee’s use of the Lease Premises and any
Improvements thereon, including use by guests and invitees, is at Lessee’s sole
and exclusive risk.
11.2. Lessee to Indemnify Lessor. Except to the extent caused by the sole
negligence 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, or breach 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
Section 3 General Provisions Page 13 of 22 Form 51.16 (Rev. 4/24)
Premises; (7) Lessee’s failure to comply with any Applicable Laws or violation of
any Environmental Laws; (8) The costs for any cleanup or other response costs
relating to the release or threatened release of Hazardous Materials on the
Lease Premises during Lessee’s occupation of the Lease Premises. This obligation
includes any prior leases between Lessee and Lessor and will continue until
Lessee has performed all duties under Paragraph 14.
11.3. Lessor Not Required to Defend. Lessor need not defend itself against all or
any aspect of any challenge to 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.
11.4. Lessee to Notify Lessor. Lessee shall notify Lessor immediately in case of any
accident, injury, or casualty on the Lease Premises.
Paragraph 12: Assignment, Encumbrance, or Sublet
12.1. Lessor’s Consent Required for Assignment. Lessee shall not mortgage;
hypothecate; encumber; assign; sublet; enter into franchise, license, or
concession agreements; or otherwise transfer all or part of this Lease (collectively
“Assign” or “Assignment”) without Lessor’s advanced and expressed consent at
a properly noticed public meeting. Any purported Assignment without Lessor’s
consent will be void and of no force or effect and will not confer any estate or
benefit on anyone. A consent to one Assignment by Lessor will not be deemed
to be a consent to any subsequent Assignment by or to any other party.
12.2. Lessee Actions Not Considered Assignments. If Lessee is a public
corporation whose stock is traded on a nationally recognized stock exchange,
sale or transfer of such stock is not an Assignment.
12.3. Procedures. If Lessee desires to Assign this Lease, Lessee will apply to Lessor
for the proposed Assignment. The Assignment will be considered by Lessor at a
public meeting. Lessor may require any of the following in considering consent
of an Assignment: (a) the nature, effective date, terms, and conditions of the
assignment; (b) a description of the identity, net worth, and previous business
experience of the proposed assignee; (c) a complete business plan prepared
by the proposed assignee; and (d) any further information relevant to the
proposed Assignment that Lessor reasonably requests. Lessor may either (i)
consent to the proposed Assignment; (ii) refuse to consent to the proposed
Section 3 General Provisions Page 14 of 22 Form 51.16 (Rev. 4/24)
Assignment; or (iii) determine that it is preferable to terminate this Lease and
issue a new lease to the proposed assignee.
12.4. Standard for Consent. Lessor may refuse its consent to the proposed
Assignment on any reasonable grounds. Reasonable grounds include, without
limitation: (a) the proposed assignee intends to use the Lease Premises for
different activities or uses than those set forth in Section 1; (b) the proposed
assignee’s financial condition is deemed by Lessor to be inadequate to support
the financial and other obligations of Lessee under this Lease; (c) the business
reputation or character of the proposed assignee is not reasonably acceptable
to Lessor; (d) the proposed assignee is not likely to conduct a business of a
quality substantially equal to that conducted by Lessee; (e) the proposed
assignee’s planned use of the Lease Premises would increase the burden on the
Lease Premises, involve an increased risk of the presence, use, release, or
discharge of Hazardous Materials; or (f) Lessor has not received adequate
assurance that all breaches will be cured before the effective date of the
proposed Assignment.
12.5. Additional Terms. Lessee’s Assignment of the Lease does not release Lessee
from liability for any Hazardous Materials or ordinance manufactured,
generated, used, placed, disposed, stored, or transported on the Lease
Premises during Lessee’s tenancy. An unauthorized assignment does not relieve
Lessee from its covenants and obligations under this Lease. Lessor’s acceptance
of any payment due under this Lease from any person other than Lessee will not
be deemed to be a waiver by Lessor of any provision of this Lease or to be a
consent to any Assignment.
12.6. Bankruptcy. If Lessee files a petition or an order for relief is entered against
Lessee under the Bankruptcy Code (11 U.S.C. § 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 as that deadline
may be extended by order of the court, 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 breaches of
this Lease (monetary and non-monetary) or has provided Lessor with adequate
assurances (a) that within ten (10) days from the date of such assumption or
assignment, all monetary breaches of this Lease will be cured; and (b) that
within thirty (30) days from the date of such assumption, all non-monetary
breaches of this Lease will be cured; and (c) that all provisions of this Lease will
Section 3 General Provisions Page 15 of 22 Form 51.16 (Rev. 4/24)
be satisfactorily performed in the future.
12.7. Permitted Assignments. The following Assignments are permitted under this
Lease without Lessor’s consent: (a) Assignment caused by the death of a spouse
where the full interest of the deceased spouse is Assigned to a surviving spouse
who is a co-lessee on this Lease, provided Lessor is notified in writing within thirty
(30) days of the assignment; (b) assignment caused by the dissolution of the
marriage of Lessee when the full interest of one spouse is assigned to the other
spouse who is a co-lessee on this Lease, provided Lessor is notified in writing within
thirty (30) days of the transfer; and (c) substitution or succession of a new trustee
if the Lease is held in trust and the Lessee is a trustee or successor trustee thereof,
provided Lessor is notified in writing 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.
12.8. Lessee Remedies. If Lessor withholds or conditions its consent and Lessee
believes that Lessor did so contrary to the terms of this Lease, then Lessee’s sole
remedy will be to prosecute an action for declaratory relief to determine if
Lessor properly withheld or conditioned its consent, and Lessee hereby waives all
other remedies.
Paragraph 13: Breach
13.1. Events of Breach. All covenants and agreements contained in this Lease
are declared to be conditions to this Lease. Lessee’s failure to pay rent when
due or any other charges under this Lease for five (5) days after written notice
from Lessor to Lessee will be considered a monetary breach. Lessee’s failure to
perform any other promise, covenant, or agreement under this Lease for more
than thirty (30) days after written notice from Lessor to Lessee will be considered
a non-monetary breach. If a non-monetary breach cannot be cured within the
thirty (30)-day period, the breach will be deemed to be cured if Lessee begins
to cure the breach within the thirty (30)-day period and continues to diligently
complete the cure.
13.2. Breach of Lease. Lessor shall provide written notice to Lessee specifying the
particulars of the breach. Should Lessee fail to cure the breach within the period
specified in Paragraph 13.1, then Lessor may elect to pursue any available
remedies under law, or those specified in paragraph 13.3, below.
13.3. Remedies on Breach of Lease. In addition to any other rights or remedies at
law or equity, Lessor may, without further notice, (a) terminate this Lease, reenter
Section 3 General Provisions Page 16 of 22 Form 51.16 (Rev. 4/24)
and take possession of the Lease Premises and remove all persons and all
Improvements therefrom at Lessee’s cost; or (b) keep this Lease in effect without
declaring this Lease terminated and without terminating Lessee’s right to
possession, reenter the Lease Premises and occupy the whole or any part for
and on account of Lessee and collect any unpaid rentals and other charges
that have become payable or that may thereafter become payable; or (c)
terminate this Lease after reentering the Lease Premises as provided in
subclause (b) above. Any notice required to be given by Lessor above will be
instead of, and not in addition to, any notice required under the laws of the
State of California.
13.4. Determination of Rental Value. If rent under this Lease is calculated as
percentage of Lessee’s income attributable to the Lease Premises and Lessee
abandons the Lease Premises, 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.
13.5. Acceptance of Rent When Lessee is in Breach. 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, unless the
breach was a monetary breach and the payment occurs during the cure
period specified in Paragraph 13.1.
13.6. Acceptance of Payments After Lease Termination. Lessee’s submission or
Lessor’s acceptance of any payments after the expiration or termination of this
Lease shall not reinstate or extend this Lease. Lessor may elect to retain any
payment submitted and apply these payments to offset any damages claimed
against Lessee; or Lessor may elect to allow a holdover tenancy under
Paragraph 14.6; or Lessor may elect to refund the payments less a reasonable
handling fee.
13.7. 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.
Paragraph 14: Conditions of Lease Termination
14.1. Use of State Land. This Lease authorizes the use or occupation of state land
for a fixed term of years without options or rights of renewal. Lessee accepts
that future leases authorizing the continued existence of any Improvements
Section 3 General Provisions Page 17 of 22 Form 51.16 (Rev. 4/24)
constructed or maintained by Lessee on the Lease Premises are subject to a
discretionary action of the California State Lands Commission. Submission of an
application for a new lease does not guarantee a new lease will be granted to
Lessee. Lessee acknowledges that construction of Improvements on the Lease
Premises and investment in or obtaining financing for the uses authorized under
this Lease is done in full understanding that future leases are not guaranteed.
Lessee also affirmatively represents that the cost of removing Improvements
was considered before entering into this Lease and placing or assuming any
Improvements on state land.
14.2. Abandonment. Lessee’s right of access to the Lease Premises was a
material consideration in Lessor issuing this Lease. If, without prior notice to
Lessor, Lessee sells, abandons, or loses title to the upland property adjacent to
the Lease Premises, or otherwise loses the legal right to access the Lease
Premises, Lessor may deem this an abandonment of the Lease Premises. Lessee
must actively maintain and manage any Improvements authorized by this
Lease. Should Lessee discontinue use, management, or maintenance of the
authorized Improvements, Lessor may deem this an abandonment and elect to
terminate the Lease. Alternately, Lessor has the remedy described in California
Civil Code section 1951.4 (Lessor may continue lease in effect after Lessee’s
breach and abandonment and recover rent as it becomes due if Lessee has
right to sublet or assign, subject only to reasonable limitation). Abandonment of
the Lease Premises shall not relieve Lessee of any obligations under this Lease.
14.3. Restoration. In issuing this Lease it is Lessor’s understanding that all
Improvements will be removed from state land at the expiration or termination
of this Lease. If Lessee abandons the Lease Premises, or Lessor terminates this
Lease, or this Lease expires without execution of a new lease authorizing
Lessee’s use of the Lease Premises, Lessee must: 1) remove all Improvements
regardless of whether Lessee constructed or placed Improvements together
with all debris at its sole expense and risk, restoring the Lease Premises to as
close as possible to an unimproved condition to Lessor’s satisfaction; and 2)
immediately surrender possession of the Lease Premises. Lessor may, in its sole
discretion, allow all or any portion of the Improvements to remain in place. In
carrying out this obligation, Lessee acknowledges that further authorizations,
review of the Restoration Plan, and environmental review may be necessary as
outlined in Section 14.4 below.
14.4. Two Years Prior to Expiration. (A) If Lessee desires to continue the uses
authorized under this Lease, Lessee shall submit an application together with all
Section 3 General Provisions Page 18 of 22 Form 51.16 (Rev. 4/24)
required fees at least two years prior to the expiration of this Lease. Submission
of an application does not guarantee a new lease will be granted to Lessee.
(B) If Lessee does not desire to occupy the Lease Premises beyond the term of
this Lease, then two years prior to the expiration of this Lease, Lessee shall
submit an application, including a detailed plan to remove all Improvements
and restore the Lease Premises to the condition existing prior to the installation
or construction of any Improvements. The plan must include a timeline for
obtaining all necessary permits. The restoration plan may require a subsequent
environmental review and approval from Lessor. (C) Lessor may modify annual
rent, surety and insurance within the last two years of the Lease.
14.5. Failure to Restore Lease Premises. Lessee’s failure to remove improvements,
restore the Lease Premises, 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. Lessee shall not be entitled to any compensation for
Improvements left on the Lease Premises at the termination or expiration of this
Lease. Lessor may, in its sole discretion, elect to treat the Improvements as
abandoned and remove all or any portion of Improvements from the Lease
Premises. Lessee’s failure to adequately restore the Lease Premises imposes
significant financial liability on Lessor. As a result, Lessee shall be responsible for
all expenses incurred by Lessor in restoring the Lease Premises, including,
without limitation, staff time, environmental work or permitting, contractor costs,
and reasonable attorney’s fees.
14.6. Holdover. This Lease terminates without further notice at the end of its term.
Lessor may, in its sole discretion, choose to accept Rent for the Lease Premises
and allow a period of holdover tenancy. Any holdover tenancy shall be on a
month-to-month basis. Lessee’s submittal of annual rent during holdover does
not constitute tenancy longer than month-to-month. Any holdover tenancy shall
be on the same terms as this Lease insofar as such terms can be applicable to a
month-to-month tenancy. The rent for each month or any portion thereof during
such holdover period is one hundred fifty percent (150%) of one-twelfth (1/12) of
the total compensation for the most recent year paid. The month-to-month
tenancy may be terminated by Lessor upon thirty (30) calendar days’ prior
written notice to Lessee.
14.7. Holdover on Leases with No Monetary Consideration. In the event this
Lease does not require monetary consideration, 14.6 shall continue to apply,
and in addition: 1) Lessor shall have the right to establish rent based on the fair
Section 3 General Provisions Page 19 of 22 Form 51.16 (Rev. 4/24)
market value of the Lease Premises, and 2) In no way shall the prior lease
consideration limit damages for trespass.
14.8. Quitclaim. In the event this Lease is terminated prior to expiration, Lessee
shall deliver a quitclaim of all rights under this Lease to Lessor on request. Lessee
shall execute and deliver such quitclaim to Lessor in a form provided by Lessor.
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.
Paragraph 15: Additional Provisions
15.1. Conflict in Terms. In the case of any conflict between these General
Provisions and Special Provisions found in Section 2, the Special Provisions
control.
15.2. Boundaries. This Lease does not establish the State's boundaries in so far as
it relates to land and resource jurisdiction and ownership and is made without
prejudice to either party regarding any land and water boundary or title claims
which may be asserted presently or in the future.
15.3. No Waiver. Lessor’s acceptance of a late or nonconforming performance
shall not constitute a waiver unless such waiver is expressly acknowledged by
Lessor in writing. Lessor’s delay in or omission to exercise any right under this
Lease shall not constitute a waiver.
15.4. Time is of the Essence. Time is of the essence for this Lease and each and
all of its terms, covenants or conditions in which performance is a factor.
15.5. Notice. All notices required to be given under this Lease shall be given in
writing, sent by U.S. Mail or other reputable private carrier with postage prepaid,
to Lessor at the offices of the State Lands Commission and the Lessee at the
address specified in this Lease. Lessor’s staff and Lessee may agree to accept
any notice by electronic mail. Lessee shall give Lessor notice of any change in its
name or address.
15.6. Consent. Lessor’s consent to one transaction or event shall not be deemed
to be a consent to any subsequent occurrence.
15.7. Changes. This Lease may only be amended, revised, or supplement by
written agreement of the Parties.
15.8. Joint and Several Obligation. If more than one Lessee is a party to this
Section 3 General Provisions Page 20 of 22 Form 51.16 (Rev. 4/24)
Lease, the obligations of the Lessees shall be joint and several.
15.9. 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.
15.10. 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.
15.11. Representations. Lessee agrees that no representations have been made
by Lessor or by any person or agent acting for Lessor except those stated in this
Lease. This document contains the entire agreement of the Parties. No verbal
agreements, representations, warranties, or other understandings affect this
Lease. 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.
15.12. Gender and Plurality. In this Lease, words importing any gender include
any or all genders, and the singular number includes the plural whenever the
context so requires.
15.13. Survival of Certain Covenants. All covenants pertaining to bond,
insurance, indemnification, restoration obligations, breach or 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.
15.14. Counterparts. This agreement may be executed in any number of
counterparts and by different Parties in separate counterparts.
15.15. Delegation of Authority. Lessor and Lessee acknowledge that 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.
15.16. 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.
Section 3 General Provisions Page 21 of 22 Form 51.16 (Rev. 4/24)
[Remainder of the page left intentionally blank.]
Section 3 General Provisions Page 22 of 22 Form 51.16 (Rev. 4/24)
STATE OF CALIFORNIA - STATE LANDS COMMISSION
LEASE NUMBER: 8034
This Lease shall become effective only when approved by and executed on behalf of the
State Lands Commission of the State of California and 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 BURLINGAME
By: ________________________________
Title: ________________________________
Date: _______________________________
LESSOR:
STATE OF CALIFORNIA
STATE LANDS COMMISSION
By: _________________________________
ROBERT BRIAN BUGSCH
Title: Chief, Land Management Division
Date: ________________________________
Execution of this document was authorized by the California State Lands Commission on
_______________________________.
ATTACH ACKNOWLEDGMENT
Page 1 of 2
EXHIBIT A
LEASE 8034
LAND DESCRIPTION
PARCEL 1
A 33 foot wide strip of State owned land in the city of Burlingame, County of San Mateo,
being a portion of Parcel H as shown in Volume 52 of Parcel Maps at Page 70 in the
records of said County, and a portion of Parcel A as shown in Volume 61 of Maps at
Pages 20 and 21 in the records of said County, lying 12 feet Northerly and 21 feet
Southerly of the following described line:
BEGINNING at the westerly terminus of the line described as East 230.31 feet, as
shown on said map filed in Volume 61 of maps at Page 21; thence along the westerly
prolongation of said line, across said Parcel A and said Parcel H West 138 feet to the
terminus of said strip.
The sidelines of said strip are to be prolonged or shortened so as to commence at the
easterly line of said Parcel A, and terminate a point perpendicular to the terminus of
said strip.
PARCEL 2
A parcel of State owned land in the City of Burlingame, County of San Mateo, being a
portion of Parcel H as shown in Volume 52 of Parcel Maps at Page 70 in the records of
said County, more particularly described as follows:
COMMENCING at westerly corner of said Parcel H, said corner being the westerly
terminus of that line described as N 85°44’23” W 971.30 feet as shown on said Map,
thence along the northerly and westerly boundary of said Parcel H, S 85°44’23” E
620.76 feet to the POINT OF BEGINNING; thence along said northerly and westerly
boundary, S 85°44’23” E 350.54 feet; thence N 0°17’00” W 244.07 feet; thence leaving
said northerly and westerly boundary to a point on the easterly boundary of said Parcel
H, N 89°43’ 00” E 50.00 feet; thence along the easterly and southerly boundary of said
Parcel H the following four (4) course:
1) S 0°17’00” E 319.28 feet;
2) S 64°00’00” W 19.88 feet;
3) N 0°00’00” E 31.11 feet;
4) N 85°44’23” W 379.37 feet;
thence leaving said easterly and southerly boundary N 4°15’37” W 50.56 feet to the
POINT OF BEGINNING.
Page 2 of 2
END OF DESCRIPTION
Prepared by the California State Lands Commission Boundary Unit August 21, 2024.
PROFESSIO N A L LAND
S
U
RVEYORST
A
TE
OF CA L I F O RNIADANIE L J .F
R
I
NKNo.8 8 6 4
LEASE PARCEL 2
APN 026-363-470 APN 026-363-470BAY FRONT CHANNELAIRPORT BLVD.
LEASE PARCEL 1 APN 026-363-230LEASE 8034
CITY OF BURLINGAME
APN 026-363-230 & 470
GENERAL LEASE -
PUBLIC AGENCY USE
SAN MATEO COUNTY
MAP SOURCE: USGS QUAD
ANZA PARK, CITY OF BURLINGAME
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.DJF 8/21/2024
EXHIBIT BNO SCALE
SITE
LOCATION
SITE
NO SCALE
N
N
SITE
SAN FRANCISCO BAY
BURLINGAME
1
Meeting Date: 10/17/24
Lease Number: 8034
Staff: M. Schroeder
Staff Report 22
APPLICANT:
City of Burlingame
PROPOSED ACTION:
Issuance of a General Lease – Public Agency Use.
AREA, LAND TYPE, AND LOCATION:
Sovereign land in the Bay Front Channel, adjacent to Assessor’s Parcel Number 026-
363-470, Burlingame, San Mateo County (as shown in Figure 1).
Figure 1. Location
Staff Report 22 (continued)
2
AUTHORIZED USE:
Use of a bicycle and pedestrian bridge and abutment, maintenance easement,
and one water pipe attached to the bridge. (as shown in Figure 2).
Figure 2. Site Map
NOTE: This depiction of the lease premises is based on unverified information
provided by the Applicant or other parties and is not a waiver or limitation of any
State interest in the subject or any other property.
TERM:
25 years, beginning October 17, 2024.
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.
Staff Report 22 (continued)
3
SPECIFIC LEASE PROVISIONS:
Lessee shall indemnify, hold harmless, and, at the option of Lessor, defend Lessor
from all damages, injuries, or claims arising from the construction, maintenance,
or operation of Lessee’s facilities on State land, including any attached,
suspended, or otherwise fixed to the improvements. Further, Lessee shall
indemnify the State for the period of occupation prior to October 17, 2024.
Lessee shall not install, attach, or authorize the placement or attachment of any
additional utilities or other improvements on the bridge or within the Lease
Premises without Lessor’s prior review and approval.
STAFF ANALYSIS AND RECOMMENDATION:
AUTHORITY:
Public Resources Code sections 6005, 6216, 6301, 6501.1, and 6503; California Code
of Regulations, title 2, sections 2000 and 2003.
PUBLIC TRUST AND STATE’S BEST INTERESTS:
On June 19, 1998, the Commission authorized a 25-year General Lease – Public
Agency Use to the Applicant for installation of a bicycle and pedestrian bridge
abutment, along with maintenance and construction easement (Item 85, June 19,
1998). That lease expired on April 30, 2023. The Applicant is now applying for a
General Lease – Public Agency Use, for the use of a bicycle and pedestrian bridge
and abutment, maintenance easement, and one water pipe attached to the
bridge.
The bridge abutment, prefabricated steel bicycle and pedestrian bridge, and one
water pipe have existed for many years at this location. The bridge provides the
regional and statewide public the ability to cross and re-cross the Bay Front
Channel. In addition, the bridge is part of the San Francisco Bay Trail consisting of
several miles of trails allowing the public to explore the San Francisco Bay and
shoreline. The bridge has an attached water pipe owned and operated by the
Applicant. The water pipe provides critical infrastructure for conveyance of water
in support of the Applicant’s operations on both sides of the waterway.
The proposed lease includes provisions protecting the public use of the proposed
lease area. Furthermore, the bridge and water pipe do not substantially interfere
Staff Report 22 (continued)
4
with Public Trust uses in this area. The public can enjoy use of the waterway for
recreational Public Trust activities.
The proposed lease does not alienate the State’s fee simple interest or permanently
impair public rights. The lease is limited to a 25-year term and does not grant the
lessee exclusive rights to the lease premises, which allows the Commission flexibility
to determine if the Public Trust needs of the area have changed over time. Upon
termination of the lease, the lessee may be required to remove all improvements
from State land and restore the lease premises to their original condition. The
proposed lease requires the lessee to indemnify the State for any liability incurred as
a result of the lessee’s activities thereon.
CLIMATE CHANGE:
Climate change impacts, including sea level rise, increased wave activity, storm
events, and flooding may impact the pedestrian/bike bridge and abutment
subject to the proposed lease, located on the Bay Front Channel.
The California Ocean Protection Council updated the State of California Sea-Level
Rise Guidance in 2018 to provide a synthesis of the best available science on sea
level rise projections and rates. Commission staff evaluated the “high emissions,”
“medium-high risk aversion” scenario to apply a conservative approach based on
both current emission trajectories and the lease location and structures. The San
Francisco gauge was used for the projected sea level rise scenario for the lease
area as listed in Table 1.
Table 1. Projected Sea Level Rise for San Francisco
Year Projection (feet)
2030 0.8
2040 1.3
2050 1.9
2100 6.9
Source: Table 13, State of California Sea-Level Rise Guidance: 2018 Update
Note: Projections are with respect to a 1991 to 2009 baseline.
As stated in the Safeguarding California Plan: 2018 Update (California Natural
Resources Agency 2018), climate change is projected to increase the frequency
and severity of natural disasters related to flooding, drought, and storms (especially
when coupled with sea level rise). In tidally influenced waterways, more frequent
and powerful storms can result in increased flooding conditions and damage from
storm-created debris, especially when storms coincide with high tides. Climate
Staff Report 22 (continued)
5
change and sea level rise will further influence coastal and riverine areas by
changing erosion and sedimentation rates. Waterfront areas will be exposed to
higher water levels, potentially resulting in greater bank erosion and scour than
previously experienced.
The increase in sea level combined with more frequent and stronger storm events
will likely expose the lease area to higher flood risks, comprised of greater total
water levels for longer periods of time. The pedestrian/bike bridge (including
abutment and water pipe) is a fixed structure that may need additional
reinforcement to withstand higher levels of flood exposure, scouring, and more
frequent storm events.
Regular maintenance, as referenced in the lease, may reduce the likelihood of
severe structural degradation or dislodgement. Pursuant to the proposed lease, the
Applicant acknowledges that the lease premises and adjacent upland are
located in an area that may be subject to the effects of climate change, including
scour, sea level rise, and extreme storm events. The pedestrian/bike bridge
(including abutment and water pipe) could be impacted by higher water levels
and increased scouring towards the later years of the lease term. Any adaptation
strategies applied to the pedestrian/bike bridge (including abutment and water
pipe) to reduce scouring and flood risks should not adversely impact equitable
public access in the area, water quality, shoreline habitat, wildlife, or public health
and safety. The Commission prefers nature-based adaptation strategies as
explained in the 2023 Shoreline Adaptation Report. Staff also encourages further
consideration of the living shorelines strategy that was proposed for this location in
the City of Burlingame’s Understanding Risks and Vulnerabilities Memorandum.
CONCLUSION:
For all the reasons above, staff believes the issuance of the proposed lease will not
substantially interfere with Public Trust rights to navigation, fishing, and commerce;
or substantially interfere with Public Trust needs and values at this location, at this
time, and for the term of the lease; and is in the best interests of the State.
OTHER PERTINENT INFORMATION:
1. Approval or denial of the application is a discretionary action by the
Commission. Each time the Commission approves or rejects a use of sovereign
land, it exercises legislatively delegated authority and responsibility as trustee of
Staff Report 22 (continued)
6
the State’s Public Trust lands as authorized by law. The lessee has no right to a
new lease or to renewal of any previous lease.
2. This action is consistent with the “Meeting Evolving Public Trust Needs” and
“Leading Climate Activism” Strategic Focus Areas of the Commission’s 2021-
2025 Strategic Plan.
3. Staff recommends that the Commission find that this activity is exempt from the
requirements of the California Environmental Quality Act (CEQA) as a
categorically exempt project. The project is exempt under Class 1, Existing
Facilities; California Code of Regulations, title 2, section 2905, subdivision (a)(2).
Authority: Public Resources Code section 21084 and California Code of
Regulations, title 14, section 15061 and California Code of Regulations, title 2,
section 2905.
RECOMMENDED ACTION:
It is recommended that the Commission:
CEQA FINDING:
Find that the activity is exempt from the requirements of CEQA pursuant to
California Code of Regulations, title 14, section 15061 as a categorically exempt
project, Class 1, Existing Facilities; California Code of Regulations, title 2, section
2905, subdivision (a)(2).
PUBLIC TRUST AND STATE’S BEST INTERESTS:
Find that the proposed lease will not significantly impair the public rights to
navigation or substantially interfere with the Public Trust needs and values at this
location, at this time, and for the term of the lease; and is in the best interests of the
State.
AUTHORIZATION:
Authorize issuance of a General Lease – Public Agency Use to the Applicant,
beginning October 17, 2024, for a term of 25 years, for the use of a bicycle and
pedestrian bridge and abutment, maintenance easement, and one water pipe
attached to the bridge; 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.
MINUTE ITEM
This Calendar Item No. C$5 was approved as
Minute Item No. 85 by the California State Lands
Commission by a vote of 3 to - at its
6-19-d meeting.
CALENDAR ITEM
C85
A 19 06/19/98
W 25449
N. Smith
GENERAL LEASE - PUBLIC AGENCY USE
APPLICANT:
City of Burlingame
501 Primrose Road
Burlingame, California 94010
AREA, LAND TYPE, AND LOCATION:
0.77 acres, more or less, of sovereign lands in Bay Front Channel and Sanchez
Creek Lagoon, city of Burlingame, San Mateo County.
AUTHORIZED USE:
Installation of pedestrian/bike bridge abutment, along with maintenance and
construction easement.
LEASE TERM:
25 years, beginning May 1, 1998.
CONSIDERATION:
The public use and benefit; with 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.
OTHER PERTINENT INFORMATION:
1 . Applicant has a right to use the uplands adjoining the lease premises.
2. On April 26, 1994, the San Francisco Bay Conservation and Development
Commission (BCDC) granted Permit # M93-46 under its certified program.
(Title 14, California Code of Regulations, section 15251 (h)).
3. Staff has reviewed the document and determined that the conditions, as
specified in Title 14, California Code of Regulations, section 15253 (b)
have been met for the Commission to use the environmental analysis
document certified by the BCDC as a (Negative Declaration) equivalent in
order to comply with the requirements of the CEQA.
-1-
CALENDAR PAGE
MINUTE PAGE
407
CALENDAR ITEM NO. C85 (CONT'D)
APPROVALS OBTAINED:
San Francisco Bay Conservation and Development Commission
EXHIBITS:
A. Land Description
B. Location Map
PERMIT STREAMLINING ACT DEADLINE:
December 7, 1998
RECOMMENDED ACTION:
IT IS RECOMMENDED THAT THE COMMISSION:
CEQA FINDING:
FIND THAT AN ENVIRONMENTAL ANALYSIS DOCUMENT, SAN
FRANCISCO BAY CONSERVATION AND DEVELOPMENT, ( BCDC
PERMIT # M93-46), WAS ADOPTED FOR THIS PROJECT BY THE
COMMISSION (BCDC) UNDER ITS CERTIFIED PROGRAM (TITLE 14,
CALIFORNIA CODE OF REGULATIONS, SECTION 15251 (h)), AND
THAT THE CALIFORNIA STATE LANDS COMMISSION HAS
REVIEWED AND CONSIDERED THE INFORMATION THEREIN AND
CONCURS IN BCDC'S DETERMINATION.
AUTHORIZATION:
AUTHORIZE ISSUANCE TO THE CITY OF BURLINGAME OF A
GENERAL LEASE - PUBLIC AGENCY USE, BEGINNING MAY 1, 1998,
FOR A TERM OF 25 YEARS, FOR INSTALLATION OF
PEDESTRIAN/BIKE BRIDGE ABUTMENT, ALONG WITH
MAINTENANCE AND CONSTRUCTION EASEMENT ON THE LAND
DESCRIBED ON EXHIBIT A ATTACHED AND BY THIS REFERENCE
MADE A PART HEREOF; 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.
-2-
CALENDAR PAGE
MINUTE PAGE
408
Exhibit A
Land Description
W 25449
PARCEL 1
Real Property in the city of Burlingame, County of San Mateo. a portion of Parcel H as shown in
Volume 52 of Parcel Maps at Page 70 in the records of said County, being described as follows:
Beginning at the most southerly corner of said Parcel H. thence N 64 00'00" E. 19.88 feet:
Thence N 0017'00" W, 46.35 feet to the True Point of Beginning:
Thence S 89 43'00" W. 35.00 feet
Thence N 00 17'00" W. 33.00 feet
Thence N 89 43'00" E, 35.00 feet
Thence S 0017'00" E, 33.00 feet to the True Point of Beginning and containing 1155 square feet
of land more or less.
PARCEL 2
Real Property in the City of Burlingame, County of San Mateo, a portion of Parcel H as shown in
Volume 52 of Parcel Maps at Page 70 in the records of said County, being described as follows:
Beginning at the most westerly corner of Parcel A as shown in Volume 28 of Parcel Maps at
page 39, said point being on the southeasterly right-of-way line of Airport Boulevard as shown
on said map;
Thence S 46 00'00" E, 588.29 feet to a point on the northerly line of said Parcel H;
Thence S 85 44'23" E, 54.39 feet to the True Point of Beginning;
Thence S 85 44'23" E, 343.05 feet:
Thence N 00 17'00" W, 244.07 feet:
Thence N 8943'00" E, 50.00 feet;
Thence S 00 17'00" E. 319.27 feet;
Thence S 64 00'00" W, 19.88 feet;
Thence N 00 00'00" E, 31.11 feet;
Thence N 85 44'23" W, 379.37 feet;
Thence N 04 15'37" W, 50.00 feet to the True Point of Beginning and containing 0.747 acres of
land more or less.
REVIEWED BY SFBCC BOUNDARY STAFF APRIL 1998 CALENDAR PAGE
MINUTE PAGE
409
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