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<br />SECTION 4 <br /> <br />GENERAL PROVISIONS <br /> <br />1. <br /> <br />GENERAL <br />These provisions are applicable to all leases, pennits, rights- <br />of-way, easements, or licenses or other interests in real <br />property conveyed by the State Lands Commission. <br /> <br />within sixty (60) days after completing them. Lessee's <br />discontinuance of such use for a period of ninety (90) days <br />shall be conclusively presumed to be an abandonment. <br /> <br />2. <br /> <br />(b) Continuous Use <br />Lessee's use of the Lease Premises shall be continuous <br />from commencement of the Lease until its expiration. <br /> <br />CONSIDERATION <br />(a) Categories <br />(1) Rental <br />Lessee shall pay the annual rental as stated in this <br />Lease to Lessor without deduction, delay or offset, on or <br />before the beginning date of this Lease and on or before <br />each anniversary of its beginning date during each year <br />of the Lease term. <br /> <br />(c) Repairs and Maintenance <br />Lessee shall, at its own expense, keep and maintain the <br />Lease Premises and all improvements in good order and repair <br />and in safe condition. Lessor shall have no obligation for <br />such repair and maintenance. <br /> <br />(2) Non-Monetary Consideration <br />If the consideration to Lessor for this Lease is the <br />public use, benefit, health or safety, Lessor shall have <br />the right to review such consideration at any time and set <br />a monetary rental if the State Lands Commission, at its <br />sole discretion, determines that such action is in the best <br />interest of the State. <br /> <br />(d) Additions, Alterations and Removal <br />(1) Additions - No improvements other than those <br />expressly authorized in this Lease shall be constructed by <br />the Lessee on the Lease Premises without the prior <br />written consent of Lessor. <br /> <br />(2) Alteration or Removal - Except as provided under <br />this Lease, no alteration or removal of improvements on <br />or natural features of the Lease Premises shall be <br />undertaken without the prior written consent of Lessor. <br /> <br />(b) Modification <br />Lessor may modify the method, amount or rate of <br />consideration effective on each fifth anniversary of the <br />beginning date of this Lease. Should Lessor fail to exercise <br />such right effective on any fifth anniversary it may do so <br />effective on anyone (1) of the next four (4) anniversaries <br />following such fifth anniversary, without prejudice to its right <br />to effect such modification on the next or any succeeding fifth <br />anniversary. No such modification shall become effective <br />urness Lessee is given at least thirty (30) days notice prior to <br />the effective date. <br /> <br />(e) Conservation <br />Lessee shall practice conservation of water, energy, and <br />other natural resources and shall prevent pollution and harm <br />to the environment. Lessee shall not violate any law or <br />regulation whose purpose is to conserve resources or to <br />protect the environment. Violation of this section shall <br />constitute grounds for termination of the Lease. Lessor, by its <br />executive officer, shall notify Lessee, when in his or her <br />opinion, Lessee has violated the provisions of this section and <br />Lessee shall respond and discontinue the conduct or remedy <br />the condition within 30 days. <br /> <br />(c) Penalty and Interest <br />Any installments of rental accruing under this Lease not <br />paid when due shall be subjecl to a penalty and shall bear <br />interest as specified in Public Resources Code Section 6224 <br />and the Lessor's then existing administrative regulations <br />governing penalty and interest. <br /> <br />(t) Toxies <br />Lessee shall not manufacture or generate hazardous <br />wastes on the Lease Premises unless specifically authorized <br />under other terms of this Lease. Lessee shall be fully <br />responsible for any hazardous was~~, substances or materials <br />as defined under federal, state or local law, regulation, or <br />ordinance that are manufactured, generated, used, placed, <br />disposed, stored, or transponed on the Lease Premises during <br />the Lease term and shall comply with and be bound by all <br />applicable provisions of such federal, state or local law, <br />regulation or ordinance dealing with such wastes, substances <br />or materials. Lessee shall notify Lessor and the appropriate <br />govenunental emergency response agency(ies) immediately in <br />the event of any release or threatened release of any such <br />wastes, substances or materials. <br /> <br />3. <br /> <br />BOUNDARIES <br />This Lease is not intended to establish the State's boundaries <br />and is made without prejudice to either party regarding any <br />boundary claims which may be assened presently or in the <br />future. <br /> <br />4. <br /> <br />LAND USE <br />(a) General <br />Lessee shall use the Lease Premises only for the purpose <br />or purposes stated in this Lease and orny for the operation and <br />maintenance of the improvements expressly authorized in this <br />Lease. Lessee shall commence use of the Lease Premises <br />within ninety (90) days of the beginning date of this Lease or <br />within ninety (90) days of the date set for construction to <br />commence as set forth in this Lease, whichever is later. <br />Lessee shall notify Lessor within ten (10) days after <br />commencing the construction of authorized improvements and <br /> <br />(g) Enjoyment <br />Subject to the provisions of paragraph 5 (a) (2) below, <br />nothing in this Lease shall preclude Lessee from excluding <br />persons from the Lease Premises when their presence or <br />activity constitutes a material interference with Lessee's use <br />