|
6. 1. F. - Page 46
<br />substance, hazardous waste, hazardous material, toxic substance, solid waste, pollutant, or contaminant, under any
<br />Environmental Law.
<br />"Improvements" shall be defined as any modification, alteration, addition, or removal of any material, and any other
<br />action which serves to change the condition of the Lease Premises from the natural state whether situated above, on,
<br />or under the Lease Premises. Improvements include, but are not limited to buildings, structures, facilities, decks,
<br />docks, wharves, piers, walks, curbs, bridges, buoys, landscaping, roadways, shoreline protective structures of all types,
<br />foundations, pilings or similar support structures whether above or below the water line, fences, utilities, pipelines,
<br />and any other construction of any type situated on the Lease Premises.
<br />"Lease" shall be defined as this lease contract together with all amendments and exhibits.
<br />"Lease Premises" shall be defined as the area of land, together with any improvements located thereon, the use and
<br />occupancy of which is authorized by this Lease.
<br />"Lessor" shall be defined as the state of California, acting by and through the California State Lands Commission,
<br />including the Commissioners, their alternates and designates, the Executive Officer, and the staff of the California
<br />State Lands Commission.
<br />"Regulatory Agency" shall include any Federal, State, County, Municipal, or Local agency having jurisdiction over
<br />the Lease Premises.
<br />"Repairs" shall be defined as all work of any kind made to maintain, change, restore, strengthen, replace, alter, or
<br />otherwise affect any Improvement on the Lease Premises.
<br />"Residence" shall be defined as any Improvement, whether permanent, movable, or temporary, or a portion thereof,
<br />which is for the time being a home or place of lodging. A Residence includes any Improvement affixed to the land
<br />such as trailers or cabins, built on a raised foundation such as stilts or pilings, and floating residences such as boats,
<br />barges, arks, and houseboats, and any combination of such Improvements which provide residential
<br />accommodations to the Lessee or others. "Residence" shall not include transitory, intermittent, recreational use of
<br />facilities such as campgrounds.
<br />"Residential Use" shall be defined as Improvements such as, but not limited to, sundecks, and sunrooms which are
<br />extensions of, or additions to, the upland property and are not water -dependent uses. Although the various uses or
<br />Improvements which may fall under this definition may vary by geographic area, lease type, or other factors, it is the
<br />intention of the parties to include in this definition all uses and Improvements which are not water -dependent but
<br />residential in nature, or those uses and Improvements which are not consistent with common law public trust principles
<br />and values.
<br />3. CONSIDERATION
<br />(a) Absolute Triple Net Lease
<br />This Lease is an absolute triple net lease, pursuant to which Lessor has no obligation with respect to the
<br />payment of taxes, insurance, the cost of maintenance, utilities and repairs or other costs or obligations associated
<br />with the Leased Premises, except as expressly stated herein.
<br />(b) Rent
<br />Lessee agrees to pay Lessor rent as stated in this Lease, in annual installments, for the use and occupancy of the
<br />Lease Premises. The first installment shall be due on or before the beginning date of this Lease and all subsequent
<br />installments shall be due on or before each anniversary of its beginning date during each year of the Lease term, or as
<br />otherwise provided in this Lease. Said sums shall be paid in lawful money of the United States of America. Lessee
<br />shall send said rent to the mailing address of Lessor. Timeliness of receipt of remittances sent by mail shall be
<br />governed by the postmark date as stated in Government Code Section 11002. Invoices for rent due may be provided
<br />by Lessor as a courtesy. Lessor's failure to, or delinquency in, providing invoices shall neither excuse Lessee from
<br />paying rent, nor extend the time for paying rent.
<br />Form51.16 (Rev. 10/14)
<br />ATTY/AGR/2018.121/REDWOOD CITY LEASE AGREEMENT— EXHIBIT G -MAPLE STREET
<br />REV: 06-07-18 VR
<br />Page 5 of 17
<br />
|