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<br />7. I-~' <br /> <br />and enjoyment of the Lease Premises as provided under this <br />Lease. <br /> <br />(h) Discrimination <br />Lessee in ilS use of the Lease Premises sball not <br />discriminate against any person or class of persons on the <br />basis ofrace, color, creed, religion, national origin, sex, age, <br />or bandicap. <br /> <br />(i) Residential Use <br />No ponion of the Lease Premises shall be used as a <br />location for a residence or for the purpose of mooring a <br />structUre which is used as a residence. For purposes of this <br />Lease. a residence or floating residence includes but is not <br />limited to boatS, barges, houseboatS, trailers, cabins or <br />combinations of such facilities or other such structUres which <br />provide overrught accommodations to the Lessee or others. <br /> <br />5. <br /> <br />RESERVATIONS, ENCUMBRANCES AND RIGHTS- <br />OF-WAY <br />(a) Reservations <br />(I) Lessor expressly reserves all natural resources in or <br />on the Lease Premises, including but not limited to <br />timber and minerals as defined under Public <br />Resources Code Sections 6401 and 6407, as well as <br />the right to grant leases in and over the Lease <br />Premises for the eXtraction of such natural <br />resources; however, such leasing shall be neither <br />inconsistent nor incompatible with the rights or <br />privileges of Lessee under this Lease. <br /> <br />(2) Lessor expressly reserves a right to go on the Lease <br />Premises and all improvements for any purpose <br />associated with this Lease or for carrying out any <br />function required by law, or the rules. regulations or <br />management policies of the State Lands <br />Commission. Lessor shall have a right of <br />reasonable access to the Lease Premises across <br />Lessee owned or occupied lands adjacent to the <br />Lease Premises for any purpose associated with this <br />Lease. <br /> <br />(3) Lessor expressly reserves to the public an easement <br />for converuent access across the Lease Premises to <br />other State-owned lands located near or adjacent to <br />the Lease Premises and a right of reasonable <br />passage across and along any right-of-way granted <br />oy this Lease; however, such easement or right-of- <br />way shaH be neither inconsistent nor incompatible <br />with the rights or privileges of Lessee under this <br />Lease. <br /> <br />(4) Lessor expressly reserves the right to lease. convey, <br />or encumber the Lease Premises, in whole or in <br />part. during the Lease term for any purpose not <br />inconsistent or incompatible with the rightS or <br />privileges of Lessee under this Lease. <br /> <br />Page 2 <br /> <br />(b) Encumbrances <br />This Lease may be subject to pre-existing contractS. <br />leases, licenses. casements, encumbrances and CI"'""S <br />and is made without warranty by Lessor of , <br />condition or fitness of the land for the stated or intended <br />purpose. <br /> <br />6. <br /> <br />RULES, REGULATIONS AND TAXES <br />(a) Lessee shall comply with and be bound by all presently <br />existing or subsequently enacted rules, regulations, statUtes or <br />ordinances of the State Lands Commission or any other <br />govemmcmaJ agency or enåty having lawful authority and <br />jurisdiction. <br /> <br />(b) Lessee understands and agrees that a necessuy condition <br />fur the granång and continued existence of this Lease is that <br />Lessee obtain and maintain all permits or other entitlements. <br /> <br />(c) Lessee acceptS responsibility for and agrees to pay any <br />and all possessory interest taxes, assessments. user fees or <br />service charges imposed on or associated with the leasehold <br />interest, improvements or the Lease Premises, and such <br />payment shall not reduce rental due Lessor under this Lease <br />and Lessor shall have no liability for such payment. <br /> <br />7. <br /> <br />INDEMNITY <br />(a) Lessor shall not be liable and Lessee shall indemnify, <br />hold harmless and, ax the option of Lessor. defend Lessor, its <br />officers. agents, and employees against and for any and "'I <br />liability, claims, damages or injuries of any kind and from <br />cause, arising out of or connected in any way with a.1c <br />issuance, enjoyment or breach of this Lease or Lessee's use <br />of the Lease Premises except for any such liability, claims. <br />damage or injury solely caused by the negligence of Lessor. <br />its officers, agents and employees. <br /> <br />(b) Lessee shall notify Lessor immediately in case of any <br />accident, injury or casualty on the Lease Premises. <br /> <br />8. <br /> <br />INSURANCE <br />(a) Lessee shall obtain and maintain in full force and effect <br />during the term of this Lease comprehensive general liability <br />insurance and propeny damage insurance, with such coverage <br />and limits as may be reasonably requested by Lessor from' <br />time to time, but in no event for less than the sum(s) specified, <br />insuring Lessee and Lessor against any and all claims or <br />liability arising out of the ownership, use, occupancy, <br />condition or maintenance of the Lease Premises and all <br />improvements. <br /> <br />(b) The insurance policy or policies shall name the State of <br />Califonùa. its officers, employees and volunteers as insureds <br />as to the Lease Premises and shall identify the Lease by its <br />assigned number. Lessee shall provide Lessor with a <br />cenificate of such insurance and shall keep such cenificate <br />current. The policy (or endorsement) must provide that! <br />insurer will not cancel the insured's coverage without thi... <br />(30) days prior written notice to Lèssor. Lessor will not be <br />responsible for any premiums or other assessments on the <br /> <br />FontJ 51. 15 (Rev. 4/96) <br />