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<br /> SECTION 4
<br /> GENERAL PROVISIONS
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<br /> 1. GENERAL (d) "'_~."'II' ...¡,- and RaDIMII
<br /> These provisions are applicable to aU leases, permits, ri¡bø-of-way, (1) Additioos - No improvaDcntl other Ibaa thOle expressly
<br /> easements, or licenses or other interests in real property conveyed by / authorized in this Lease IhaII be constructed by the l.CIScc on
<br /> the State Lands Commission. \ the Lease Premises without the priorwrittCD COIISCnt of Lessor.
<br /> 2. CONSIDERA'DON (2) Alteraûon or Removal - Except IS pJOYidcd under this
<br /> (a) Catcpics Lease, no alteration or removal of improvements on or natural
<br /> (1) IWata! features of the Lease Premises shall be undertaken witbout the
<br /> Lessee shall pay the annual rental as stated in this Lease prior written consent of Lessor.
<br /> to Lessor without deduction, delay or offset, on or before the
<br /> beginning date of this Lease and on or before each IUU1Í¥ersary (e) CoascIvatioD
<br /> of its beginning date during each year of the Lease tenn. Lessee IhaII practice conservation of water, energy, and other
<br /> natural resoum:s and IIbaII prevent pollution and hann to the
<br /> (2) Non-MooctaJy ComiicJcratioD environment Lessee shall not violate any law or regulation whose
<br /> If the consideration to Lessor for this lease is the public purpose is to conserve resources or to protect the environment
<br /> use, benefit, health or safety, Lessor shall have the right to Violation of this section shall constitute grounds for tennination of
<br /> review such consideration at any time and set a monetaIy rental the lease. Lessor, by its executive officer, shall notify Lessee, when
<br /> if the State Lands Commission, at its sole discretion, detennines in his or her opinion, Lessee has violated the provisions of this
<br /> that such action is in the best interest of the State. section and Lessee shall respond and discontinue the conduct or
<br /> remedy the condition within 30 days.
<br /> (b) Modification
<br /> Lessor may modify the method, amount or rate of consideration (I) Tœics
<br /> effective on each fifth anniversary of the beginning date of this Lease. Lessee shall not manufacture or generate hazardous wastes on
<br /> Should Lessor fail to exercise such right effective on any fifth the Lease Premises unless specifically authorized under other terms
<br /> anniversary it may do so effective on anyone (1) of the next four (4) of this Lease. Lessee IhaII be fully responsible for any hazardous
<br /> anniversaries following such fifth anniversary, without prejudice to its wastes, substances or materials as defined under federal, state or local
<br /> right to effect such modification on the next or any sucx:ceding fifth law, regulation, or ordinance that arc manufactured, generated, used,
<br /> anniversary. No such modification shall become effective unless placed, disposed, stored, or transported on the Lease Premises during
<br /> Lessee is given at least thirty (30) days notice prior to the effective the Lease tenn and shan comply with and be bound by all applicable
<br /> date. provisions of such federal, state or local law, regulation or ordinance
<br /> dealing with such wastes, substances or materials. Lessee shall notify
<br /> (c) Penalty and Interest Lessor and the appropriate governmental emergency response
<br /> Any installments of rental accruing under this Lease not paid agency(ies) immediately in the event of any release or threatened
<br /> when due shall be subject to a penalty and shall bear interest as release of any such wastes, substances or materials.
<br /> specified in Public Resources Code Section 6224 and the Lessor's
<br /> then existing administrative regulations governing penalty and (g) Bajoymc:ot
<br /> interest. Subject to the provisions of paragraph 5 (a) (2) below, nothing
<br /> in this Lease shall preclude Lessee from excluding persons from the
<br /> 3. BOUNDARIES Lease Premises when their presence or activity constitutes a material
<br /> This lease is not intended to establish the State's boundaries and is inteñerence with Lessee's use and enjoyment of the Lease Premises
<br /> made without prejudice to either party regarding any boundary claims as provided under this Lease.
<br /> which may be asscned presently or in the future.
<br /> (h) DilaimiDatioD
<br /> 4. LAND USE Lessee in its use of the Lease Premises shall not discriminate
<br /> (a) Geoeral against any person or class of persons on the basis of race, color,
<br /> Lessee shall use the Lease Premises only for the purpose or creed, religion, national origin, sex, age, or handicap.
<br /> purposes stated in this Lease and only for the operation and
<br /> maintenancc of the improvements expressly authorized in this Lease. (i) Residential Use
<br /> Lessee shall commence use of the Lease Premises within ninety (90) No portion of the Lease Premises shall be used as a location
<br /> days of the bcginning date of this Lease or within ninety (90) days of for a residence or for the purpose of mooring a structure which is
<br /> the date set for construction to commence as set forth in this Lease, used as a residence. Por purposes of this Lease, a residence or
<br /> whichever is later. Lessee shall notify Lessor within ten (10) days floating residence includes but is not limited to boats, barges,
<br /> after commencing the construction of authorized improvements and houseboats, trailers, cabins or combinations of such facilities or other
<br /> within sixty (60) days after completing them. Lessee's discontinuance such structures which provide overnight accommodations to the
<br /> of such use for a period of ninety (90) days shall be conclusively Lessee or others.
<br /> presumed to be an abandonment.
<br /> 5. RESBRVA'DONS, ENCUMBRANCBSAND RIG~p..WAY
<br /> (b) Continuous Use (a) Rcservatioos
<br /> Lessec's use of the Lease Premises shall be continuous from (1) ~r expressly reserves all natural resources in or on the
<br /> commenccmcnt of the Lease until its expiration. Lease Premises, including but not limited to timber and
<br /> minerals as defined under Public Resources Code Sections
<br /> (c) RqIair5 and Maintenance 6401 and 6407, as wen as the right to grant leases in and
<br /> Lessee shall, at its own expense, keep and maintain the Lease over the Lease Premises for the extraction of such natural
<br /> Premises and all improvements in good order and repair and in safe resources; however, such leasing. shall be neither
<br /> condition. Lessor shall have no obligation for such repair and inconsistent nor incompatible with the rights or privileges
<br /> maintenance. of Lessee under this Lease.
<br /> Ponn 51.15 (Rev. 11/91)
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