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HomeMy Public PortalAboutPublic Comment #26 (MAP)mountain area preservation E S T A B L I S H E D I N 1 9 8 7 Jenna Endres April 15, 2013 Associate Planner Town of Truckee Truckee Community Development Department 10183 Truckee Airport Road Truckee, CA 96161 jendres@townoftruckee.com RE: Comments Regarding the Initial Study/Proposed Mitigated Negative Declaration for the Tahoe Donner Association Marina Facility Improvement Project 12- 020 /AMND -DP -UP Dear Ms. Endres, On behalf of the Board of Directors and Staff of Mountain Area Preservation (MAP) we would like to thank you for the opportunity to comment on the Tahoe Donner Association's (TDA) proposed marina expansion project at Donner Lake. After reviewing the Initial Study and Mitigated Negative Declaration (MND) and attending the site tour on 4/15/13 for the proposed project we feel more environmental analysis needs to be conducted to insure the project has a less than a significant impact on the scenic and natural resources at Donner Lake and the Marina. While we are not opposed to the TDA making improvements to its current facility we would like the project design to be carried out in a low impact, environmentally conscious manner with all future uses disclosed to the public and the Town of Truckee for proper permitting. The Truckee 2025 General Plan and Policies state: P2.6 Protect the scenic qualities of Donner Lake, including views of the lake itself from public ways and Donner Memorial State Park, and views from the Lake to the shoreline and the mountain slopes and ridges beyond. (GP 3 -32) Donner Lake is an iconic natural feature in Truckee and any potential impact to water quality, habitat, wildlife, the surrounding residents and the State Park need to be analyzed further. We are concerned with the potential impacts to habitat and tree health with the removal of 20 mature Jeffery Pines, light pollution with 22 new exterior lighting fixtures, erosion control methods with the two 4 -6ft tall rock retaining walls along the beach, storm water run -off from the asphalt parking into Donner Lake /State Park, future uses at the TD Marina and allowable uses with the State of California Lands Commission Leaser. Last fall we recommended that a full environmental impact report be conducted and while the MND is an improvement, there is still insufficient data to determine the project will have a less than significant impact on the environment of Donner Lake. Tree Health/Removal: The proposed project plans to remove 20 mature Jeffery Pines and replace them with 20 new Jeffery pines in different areas of the project site. The re- vegetation plan for the project is an improvement from the fall 2012 application yet the project design could further protect more of the mature Jeffery trees that are healthy by looking at an alternative site design. The MND fails to provide any alternatives to mitigate the removal of trees that are in conflict with the project design. The TD forester report recommends that 9 trees are to be removed for health reasons, 2 trees to be removed due to public safety hazards, 1 tree to be removed because it is dead and 8 trees to be removed due to conflict with the project design. We also reviewed the Sierra Club's arborist report and see that there is differing analysis of what constitutes a healthy tree versus a defect tree. We would like to recommend that a tree /vegetation peer review be conducted by the Town of Truckee to verify tree health and mitigation measures. The project should be designed to preserve all of the healthy trees as they provide critical habitat for raptors and migratory songbirds. The MND provides the erosion control methods during construction but does not disclose the permanent erosion control plan for after project implementation. This needs to be disclosed to the public and the Planning Commissioners prior to project approvals. Lighting: The new project plans for the TD Marina propose adding 22 new exterior lighting fixtures placed at various locations at the project site. The MND states the intended usage of the new light fixtures are for new pathways and patios at the site. The Marina is primarily used for recreational purposes from dawn till dusk for TD members. What is the additional lighting intended for? It is unclear to us that there is a need for all of the proposed lighting as the current allowable recreation uses do not need lighting. There is also zero data on how the addition of 22 exterior lights will impact the night sky at Donner Lake and the surrounding residents. The MND provides the mitigation measure of a photometric study to be conducted prior to the issuance of grading permits or improvement plans. Any impacts related to night sky from light pollution need to be disclosed prior to project approvals. Rock Retaining Walls: The proposed project plan is adding the installation of 2, 4 -6ft tall rockery retaining walls adjacent to the beach on the western side of the project. The slopes in the western end of the Marina site exceed 30 percent. Local zoning rules for the Town of Truckee do not allow the excavation of slopes greater than 20 percent. The addition of these retaining walls will have a significant impact to the existing visual and scenic character at Donner Lake. If erosion control is the sole purpose of these retaining walls then a sound low impact erosion control method is needed for the entire hillside as erosion is occurring and more than likely having a negative impact on the water quality 1 State of California 1974 State Lands Commission Lease attached. 2 TD Forester Report, Trees to be Removed from Marina Project. http: / /www.townoftruckee. com/ Modules /ShowDocument. aspx ?documentid =9125 2 of Donner Lake. The two half -moon shaped rock retaining walls seem to be an inefficient and ineffective way to mitigate the erosion issues that are currently present on the western end of the Marina. At the site tour the civil engineer explained the rock walls were needed for erosion control and to deter children from running down to the beach. It seems like the design would actually funnel people down to the beach in between the two rock walls focusing the amount of erosion between the two rock retaining walls. The project design should mitigate erosion of the entire hillside and install a barrier at the top of the hillside where the new patio is planned up by the fence near the road. The MND suggests a non - structural erosion control design utilizing native plant materials. Alternatives to the rock wall need to be disclosed by the applicant to the Town Planning Staff, Planning Commissioners and public prior to project approvals. Erosion control measures need to be implemented on the entire hillside and preserve the scenic resources of Donner Lake. Storm Water Runoff: The project site currently shows inefficient storm water treatment drainage systems for the run -off that is currently being produced on the asphalt at the Marina parking lot. The run -off is currently flowing into the wetland adjacent to the Marina parking lot, which is land owned by Donner Memorial State Park. The proposed amount of excavation, grading, fill and cut will only add to an already existing water quality and storm water treatment issue. The MND states that the project must comply with the Town of Truckee's drainage and storm water regulations (Section 18.30.050 of the Development Code) and storm water treatment and erosion control measures need to be consistent with the Lahontan Regional Water Quality Control Board (LRWQCB) guidelines. Existing run -off mitigation measures do not seem to be enforced and there is currently discharge from the parking area to the State Park and more than likely discharge into Donner Lake. The MND utilizes no evidence regarding past monitoring of water quality or the effectiveness of current storm water run -off treatment at the project site. The lack of existing and effective storm water drainage systems with the proposed project plans will only exacerbate the current run -off issues and degrade water quality further. The storm water management plans need to be incorporated into the applicants proposed project and made available to the public prior to project approvals. Photo below illustrates run -off from the Marina facility into the State Park territory. Figure 1 Storm water run -off at "£'D Nlarhia to Donner NIenIorial .`state Park Wetland Photo taken 4i151/13 91 Allowable Uses at the TD Marina: The MND states that the project objectives are "to provide greater accessibility throughout the facility for their members, an enhanced lawn/picnic area, and improved outdoor dining opportunities. The improvements are not designed to increase capacity of the Marina facility and no new parking is proposed ", (MND pg.7). The Marina currently operates under a State Lands Commission Lease that was permitted in 1974 and will expire in 2023. The current lease with the State of California is for non - commercial use and the land use purpose of boating specifically 3. The Town of Truckee has the facility zoned as Recreation for the purposes of boating, swimming, kayaking, and utilizing the beach and lawn area for TD members. We understand the need to improve access for ADA accessibility and believe that improvement is needed after doing the site tour on April 15, 2013. We question future uses at the Marina as TDA is advertising events and Weddings at the site. Weddings = Rates ...................................................................................... ............................... Ceremony Site Rates: 1 Hour Friday . Surnday _ �a%urday Thursday Available only to those also holdilly a reception, luncheon ordinnen Fees include natural arbor and chairs. The current lease from the State of California prohibits commercial use at the site. There is no citation in the applicant's plans or in the MND that references future uses such as events or weddings at the Marina facility. Is the Town of Truckee aware of the future intended commercial uses at the site? The applicant needs to be transparent in the 3 See attachment State of California State Lands Commission lease 1974, pg 2. 4 Tahoe Donner Wedding Venues and Rates. www.tahoedonner.com /weddings /rates/ El anticipated uses and needs for improvements, as it is not disclosed in the plans or the MND. The current zoning does not allow for commercial uses and would need special permitting to hold events such as weddings. If weddings or larger events were to ensue proper studies would need to be conducted to evaluate potential impacts to the environment, surrounding neighbors and State Park land. There have been a number of comment letters from the public and TD homeowners who have cited this as a future use at the Marina. It is inconsistent with the allowable uses currently for the site. The applicant needs to disclose any future commercial uses at the site prior to project approvals. As stated earlier MAP is not opposed to the TDA improving its members recreation amenities at the Marina facility, but we would like these improvements to be done in an environmentally sensitive way so that the scenic and biological resources at Donner Lake can be preserved. We have recommended more environmental studies to be conducted in order to preserve tree health, water quality, habitat, night sky and scenic vistas at Donner. These studies and attention to detail for future mitigation measures will only improve the environment and experience at the Marina for the Tahoe Donner members. We urge the Town of Truckee to prohibit future uses such as events and weddings as it is not allowed under the State of California's State Lands Commission Lease or the Towns current zoning. Thank you for the opportunity to comment. If you have any further questions regarding our comments or recommendations please contact us. Sincerely, Alexis 011ar OU0,; Alexis 011ar, Executive Director Mountain Area Preservation P.O. Box 25 Truckee, CA 96160 See attachments: State of California, State Lands Commission Lease, 1974 State of California, State Lands Commission Lease, 1998 5 1 RECORDED AT THE REQUEST OF AND WHEN RECORDED MAIL TO: STATE OF. CALIFORNIA State Lands Commission Attn: Title Unit 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 A.P.N. I8- 340 -07 &08 County Nevada SPACE ABOVE THIS LINE FOR RECORDER'S USE STATE OF CALIFORNIA STATE LANDS COMMISSION SECOND AMENDMENT OF LEASE PRC 4909,]. WHEREAS, the State of California, acting through the State Lands Commission, hereinafter called Lessor, and Tahoe Donner Association, hereinafter called the Lessee, have heretofore entered into an agreement designated as Lease PRC 4909.1 authorized by the State Lands Commission on June 6, 1974 and executed July 25, 1974, whereby the Lessor granted to said Lessee a Non - Commercial Lease covering certain State sovereign lands situated in Donner Lake near Truckee adjacent to APNs 18- 340- 07 &08, Nevada County; and 3 WHEREAS, Section 4, Paragraph rprovides that the Lease may be terminated or the provisions changed, altered, or amended by mutual agreement of the parties; and WHEREAS, the Lease authorized a floating dock and a boat ramp; and WHEREAS, Lessee wishes to include an additional existing floating dock; and WHEREAS, by reason of the foregoing, it is now the desire of the parties to amend the foregoing Agreement. NOW THEREFORE, the parties hereto agree as follows: Under Section 1 of the original Lease: ANNUAL RENTAL is amended to read: $1,208 per annum AUTHORIZED IMPROVEMENT is amended to read: Two floating docks and a boat ramp as shown on the attached Section 3. 1974, 1 Section 3 of the original Lease is replaced by the attached Section- 3 as of the effective date below. All other terms and conditions of the lease shall remain in full force and effect. The effective date of-this amendment to the aforesaid Agreement shall be February 1, 1.998, This Amendment is a portion of document number PRC 4904. 1, with a beginning date of May 1, This Agreement will become binding on the Lessor only when duly executed on behalf of the State Lands Commission of the State of California. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date hereafter affixed. LESSEE: By� _ .�- Title Date 4$ lu Acknowledgment TATE :M Chief. Division of Title !Land'wiaagement Execution of this document was authorized by the State Lands Commission one `27-q S . NO SCALE` 1 , L SIT . IV A IIt • N. K s eia 40 � ♦ R -w, ;�, • •• . i . • \ IN K. LEASE PARC '�'•...,' . r�yQ.r�, '-\ I, r - \\\ =r• Fr°^�aM.,r<. A:L: �'�•�-�' IV \ p r IV lb (���FFF'••• I l . Div k�`,awaia.aA � 4A J. 80AT RAMP LEA6E'PARCEL . No SCALE LOCATION MAP Section 3 �, s- r�::_.,...,� � .;;:� ;:'• .,; :.•' PRC 4909.1 rl•• .' ' �:..r =v APN 18 3 40 -07&08 ... • ;; ; Donner Lake M � / , Jq..AU.rn« { ••,'� �' Ali /• t YM: NEV) .DA COT. T "y• Air .'kr'•• \•�. °•�l •:•u'•�•. :r- i1.• iA!� i. 1 t.,ti [,ri" ➢^`ai�iru' v1 [�� nn. R. 11..»;s.._ -.. a:__. t' Aw..' 4 fi.�\ J�• •• {`y'•'�yi� e. 111,•• J M A N T• 1'•;�,... % "Itt! she arJ.: ea •..... + 1• �:. V'•:A V C Y N.L 1..L/ It. Vt . i r•�.�, r •1 J t y t: .w. . 4•J 1 Its V.0. J' wo yr _1 S v,i f l• �• •• t ' This Exhibit is solely for purposes of generally defining-the lease premises, 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, CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of County of On / a a B Date personally appeared _ ' before me, 0 (Ng 1 0 / 17- Name and Title of Officer (e.g., "Jane Doe, Notary Public ") of Signer(s) personally known to me - OR -0 proved to me on the basis of satisfactory evidence to be the person(s) whose names) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his /her /their authorized capacity(ies), and that by his /her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. 3S my hand and official seal WK7l i OPTIONAL Though the information below is not required by law, it may prove valuable to "persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document. Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer Title(s): Partner — 0 Limited 0 General Attorney -in -Fact Trustee Guardian or Conservator Other: Signer Is Representing: Top of thumb here Number of Pages: Signer's Name: 0 Individual ❑ Corporate Officer TitIP(s): 1 ■ ■ ■ ■ Partner — ❑ Limited 0 General Attorney -in -Fact Trustee Guardian or Conservator 6 Other: r Signer. Is Representing: Top of thumb here ©1995 National Notary Association • 8236 RemmetAve., P.O. Box 7184 • Canoga Park, CA 91309 -7184 Prod. No. 5907 Reorder: Cali Toll -Free 1.800- 875.5827 t"rw: e,'Mu AtGl.V.LUll1g icyUCaLcU Uy: { Y ,,Order Western Title Insuranc'� company ? �w .....: � No. 26360 -wt /I1 . -,.r' 4.1 �43 go :1434 (RETURN TO: - Wes e n Title STATE OF CALTr,ORNIA Instil rice Co, STATE LANDS COMMISSIO t% 14 ___ �_.:- _----- .- - -_ - -- LEASE P. R. C . No. 4909 e 1 Section 1 W 20669 e OFFICIAL RECORDS RECORDED - AT •REQU EST - OF WESTERN TITLE INS, CO.9 AUG- y�'974 /��j AT =MIN. PAST/ O'CLOCK AM. NEVADA COUNTY, CALIFORNIA FEE: �14 j RECORDER u THE STATE OF CALIFORNIA, hereinafter referred to as "Lessor," acting through the State Lands Commission pursuant to Division 6 of the Public Resources Code and Title 2, Division 3 of the California Administrative Code, does hereby lease, demise and let unto: _ Lessee DART RESORTS,-A.Division of Dart Industries whose mail address is: 4676 Admiralty Way Marina Del Rey, CA 90291 that certain land described in Section 3 of this Agreement, for such con- sideration, specific purposes and subject to the covenants, terms, conditions, reservations, restrictions and limitations as are set forth hereinafter: -LEASE TYPE: Non- Commercial TERM: 49 Years; NO Months; beginning May.1, 1974 IGr l�j ending April 30, a . 2023 , unless sooner terminated as hereinaftec S provided. NONE RENE'vlAL OPTION. ANNUAL RENTAL:SIX HUNDRED FIFTY-THREE DOLLARS AND EIGHT ONE. HUNDREDTHS ($6,53.08) ��- J t ROXALITY PER CUBIC YARD: NONE 0 0� ' COUNTY: NEVADA LAND TYPE: Submerged, 00i.0 STATE OF CALIFORNIA STATE LANDS COMMISSION' LEASE -P.R.G. 'No. Section 1 (continued)' LAND USE OR PURPOSE: Boating facility AUTHORIZED'IMPROVEMENTS: Reconstruction an:d'maintenance of a partially, existing boat ramp on the lake bed (parcel 2) and the emplacement and maintenance of a floating dock (parcel 1) within the respective land descriptions as forth in Section 3'of this lease. LIABILITY INSURANCE** , SURETY BOND: 2!000.00 Personal injury9 1 accident: One Person $ 3002000000' CONSTRUCTION-LIMITING DATES:. More than 1 person 6001000.00 Beginning N/A Property damage 100ij000.00 Completion N/A COMPOSITION OF-AGREEMENT: This lease consists of.the following,parts all attached hereto and by reference made a part of the whole agreement:. Section 1 - Summary of basic terms9 as above. Section 2 - Special provisions amending or supplementing Section 4. ' Section 3 - Land description. Section 4 - .Standard covenants: Each and every part of this Section applies to-and is a part of this agreement unless specifically stated otherwise in Section 2. STATE OF CALIFORNIA - STATE LANDS COMMISSION , LEASE P:R.C. NO-* -Section 2 CHANGES IN FORM:, Before "the eacecution of this lease, the printed-form was changedq revised and added to in'the following manner: Any excavation or construction.activity by the lessee with respect to the authorized boat'ramp.l. the area for which is described in parcel 2 of Section 3 of this lease..,; "must occur only at times when*the level of the lake is sufficiently low in order not. to causer�.a disturbance of any kind .in the water4 Any such, construction•activity which is contemplated by the lessee to becur.when the lake .level is at an elevation in excess of .5 :929. feet must first have the approval of the State Lands Division. In no event does this lease authorize-.construction.or excavation activity which causes �C disturbance of any kind in the waters of Donner. Lake. o STATE OFf CALIFORNIA - STATE LANDS COMMISSION VASE F.R.C.-No.. Section LAND - DESCRIPTION •l_a. I A parcel of submerged land lying in the bed of Donner Lie, in Nevada County, California' located in 'Lot 4•of the northeast quarter of Section 18, T 17 N, R 16 E, MDM,.being.more particularly described as follows: COINVvIENCING at a cross on the side of a twelve -foot boulderi said ,boulder being described in Boox'554, page 380, Official Records of Nevada County; thence P.' 82° 21' 00" .%7, 140915 feet to the TYJE POINT-OF BEGINNING; thence along the following 8 courses,.q 1. S'87° 39' 00 W, 168.50 feet; 29 S 020 23' 00" E, 38.50 feet; .3. S .87° 39' .00" W, 26.'50 feet; 1+. N 020.2316 00" W, 73.50 feet; 50 . N.870 39' 0011 E, 38.00 feet; 6. S 020. 23' .GO" E, 5.00. feet; 7• N 070 39` :00" E, 7+.50 feet;. 80 S 390-15' 00" E, '37.53 feet to the true point of•beginning, BoEI. ings in this description 'are based on the southerly: like of Old w Hi�;izway 402 as shown .on sheet 8 of _ State. Highway 14yout No. 827, dated duly 14, 1928. PAa C EI, 2 A parcel of submerged land lying in the bed of Donner. 'Lalaze in Nevada c , County, California,, located in 'Lot 1+ of the , t'3 of Sectioh i8, T 17' 21 R 16 E, i -�7Ai, more particularly described as folio�as CO; N2MjC1r4C4 at a 'cross on the Side of a twelve foot moulder, 3.s, said .boulder .is described in Boo7, 55�+, pwgc' 360) -. Official Records of 1;evada County; • thei S 10° 31' 00" E, 59.50 fe et to the TRUE ROTNT OF D4G,11PkUWG; ;hence along the following 4•courses: 1. 11.76°toil 00 W 33.00 f6et• 2'9 S 13° 59� 00" W, 29.50 feet; 30 S 760 O1' 00" E, 46e45 feett; 4v K'100 31' 00 W, 32.45 feet to .the true point of beginning., Dv l on sohcrly. o� old. .. , . Highway 40 as shown on.sheet 8 of State Highway Layout No. 8277, dated July 14, J W8. . END OF DESCRIPTION LU Prepared by; - Checked by: - - - - Section 4 STANDARD COVENANTS - STATE LANDS COMMISSION LEASE 1, .,AGREEMENT DEFTNED:' The terms "lease," "right of way," '.'easement,'! shall be deemed to include any one of the oother terms, where appropriate. 2. MONETARY CONSIDERATION:. Lessee agrees to pay the annual rental stated in Section 1 hereof -to Lessor without deduction, delay or offset, at such place as may be designated by Lessor from time to time, in advance on or prior to the beginning date of this lease and anniversary *of such beginning date during each year- of the-term hereof, except that Lessor, in its sole discretion, effective on each fifth anniversary of the _beginning date of this lease, and at such other Mmes as are hereinafter specified, may from time to time elect to change the amount of annual rental to be if^J. paid by Lessee hereunder. Any such change in rate shall be to the applicable rate,. or by following the procedure for determining the applicable rate, of rental set forth in Title 21 California Administrative Code (now contained in Section 2005) at the time notice of any such change is given to Lessee. Such changed rate shall not become effective unless Lessor shall cause C. written notice of such change and of the new rate to be given to Lessee on or before ninety (90) days before the effective date of such rental rate change. Should Lessor fail to effect a change of such annual rental effective on any such fifth anniversary of the beginning date of this lease, the annual rental shall remain the same as the rental payable for eac� year during the immediately preceding five -year period, provided that for any years remaining before the next five -year anniversary of the beginning date of this lease the Lessor at its sole discretion, on written notice not less than ninety (90) F { Section 4 STANDARD COVENANTS - STATE LANDS COMMISSION LEASE 1, .,AGREEMENT DEFTNED:' The terms "lease," "right of way," '.'easement,'! shall be deemed to include any one of the oother terms, where appropriate. 2. MONETARY CONSIDERATION:. Lessee agrees to pay the annual rental stated in Section 1 hereof -to Lessor without deduction, delay or offset, at such place as may be designated by Lessor from time to time, in advance on or prior to the beginning date of this lease and anniversary *of such beginning date during each year- of the-term hereof, except that Lessor, in its sole discretion, effective on each fifth anniversary of the _beginning date of this lease, and at such other Mmes as are hereinafter specified, may from time to time elect to change the amount of annual rental to be if^J. paid by Lessee hereunder. Any such change in rate shall be to the applicable rate,. or by following the procedure for determining the applicable rate, of rental set forth in Title 21 California Administrative Code (now contained in Section 2005) at the time notice of any such change is given to Lessee. Such changed rate shall not become effective unless Lessor shall cause C. written notice of such change and of the new rate to be given to Lessee on or before ninety (90) days before the effective date of such rental rate change. Should Lessor fail to effect a change of such annual rental effective on any such fifth anniversary of the beginning date of this lease, the annual rental shall remain the same as the rental payable for eac� year during the immediately preceding five -year period, provided that for any years remaining before the next five -year anniversary of the beginning date of this lease the Lessor at its sole discretion, on written notice not less than ninety (90) Section 4 STANDARD COVENANTS - STATE LANDS CONItiiLLSSION LEASE (Continued) days before the next rent becomes due, may fix a different rate of annual rental, which rate shall be determined in the manner.hereinbefore set or_th.,_ whi.ch_renta -1 -at -such- new rate un- less --- thereafter- changed in tie -- - . manner herein provided, shall be payable each year thereafter by Lessee_ Any change in the rate.of rental effective on a date other than any fifth anniversary.-of the beginning date of this lease shall be without prejudice to Lessor's right to change said rental rate on each succeeding fifth anniversary.of the beginning date of this lease as above provided. it is specifically agreed that in the event of the termination of this lease prior to its expiration date from any cause whatsoever, no portion of rental paid in advance shall be refundable. 3e ROYALTY': Lessee shall pay to Lessor, in addition-to the annual rental as stated hereir_above, a royalty in the amount per cubic yard stated in Section 1 hereof for all materials removed from the land subject to this agreement and placed'on lands not owned by Lessor, as authorized herein, �2 according to the following schedule: Within sixty (60) days following the end of each quarter: ending on March 31, June 307 September 30 and December 31; Lessee shall-pay said royalty for all materials removed from land subject to this agreement during-the preceding quarter. Each payment shall be accompanied by a detailed statement subscribed and sworn to by Lessee or his agent attesting to accuracy of the -payment. 4. NON - MONETARY CONSIDERATION: if a monetary rental or royalty is not shown in Section 1 of this Agreement, the sole and entire consideration to Lessor for the within lease or permit shall be the public use, benefit, health or safety, as appropriate., However, the Lessor reserves the right 2 air J D Section 4 STANDARD COVENANTS - STATE LANDS COMMISSION LEASE (.Continued) to review the consideration at any time and to set a monetary rental if the State Lands Commission shall at its sole discretion determine that-such action is in the best interest of the State; 5. BOUNDARIES: The 'description of the land in Section 3 herein has been made without a survey and without a determination of boundaries of the land subje.ct to this agreement„ This lease is not intended to constitute the establishment of the State's boundaries and is made without prejudice to any boundary claims which may be asserted in the future; 6, LAND USE: Lessee agrees to use the land described'in- Section 3 only for the purpose or purposes stated in - Section 1 or .2 and for the construction, operation_ and maintenance of the improvements listed in Sections 1 or 2, as appropriate. If such use is not commenced by Lessee on the land . .subject to this agreement within ninety (90) days of the beginning date of this lease or if any construction provided for in Section 1 or 2 is not begun within ninety (90) days of the beginning date of this lease, or if such use on said land shall be discontinued for a period 'of ninety (90) days- this lease and the term thereof shall terminate upon. notice to Lessee. No additional improvements shall be added without written consent of Lessor first had and obtained, 70 ADEQUACY OF CONSTRUCTION. Lessee shall require that contractors comply with, construct and install all improvements in accordance with plans and specifications approved by a- registered professional engineer; 8, REPAIRS: Lessee shall .maintain and keep in good sound repair all improvements upon the property. The removal of or substantial alteration to, Section 4 STANDARD COVENANTS - STATE LANDS CONiIvE[SSION LEASE (Continued) any existing structure shall not be undertaken with prior written permission of Lessor first had and obtained. If at any time subsequent to. the beginning date of this lease the improvements authorized herein_ $_hall — fall into a state of disrepair or otherwise become an environmental or aesthetic degradation, as determined by Lessor, then upon written notice by Lessor, Lessee'.shall have sixty (60) days to repair and correct the conditions cited by Lessor. .Failure to comply with the written notice of Lessor shall terminate this lease and Lessee shall remove all structures and fill located on lands covered by this lease; 9. RIGHT OF INSPECTION: Lessor through its authorized agents shall have the right at all reasonable times:t.o go upon lands owned by the Lessee and upon the leased land for the purpose of inspecting the land and improve- ments or carrying out any.function required by statutes or the rules and regulations of the State Lends Commission; 10. EXISTING ENCUMBRANCES: This lease is subject to existing contracts,. leases, licenses, easements, encumbrances and claims which may affect the leased land., and this lease is made without warranty by Lessor of title, quiet enjoyment, condition or .fitness of the land subject to this agreement for the intended use, or any other warranty or representation whatever, except that Lessee faithfully keeping all the terms, provisions and conditions of this lease on Lessee's part-to be performed, Lessor agrees not to interfere with Lessee's possession of the land subject to this agreement, except as herein may otherwise be provided; 11. RESERVATION OF NATURAL RESOURCES: Unless the use or purpose of this agreement provides otherwise, there are hereby reserved to the State all T Section 4 STANDARD COVENANTS - STATE LANDS.COMMISSION LEASE (.Continued). natural resources, including but not limited to, timber, minerals, sand and gravel, geothermal resources, oil, gas and hydrocarbon products in or upon the land subject to this agreement, and the right to grant in, over, and --- - ---- -across said— lands,�leases to extract or remove such natural resources, as Provided by law and the rules and regulations of the State Lands Commission and without compensation to the Lessee; 12. OTHER RESERVATIONS: Lessor expressly reserves the right to grant ' easements or crossings in, upon and under the demised premises. Nothing herein contained shall be construed as limiting the powers of the State to lease, convey or otherwise transfer or encumber, during the life of this agreement, the hereinbefore described lands subject.to this agreement for any purpose whatsoever not inconsistent or incompatible with the-rights or privileges granted to the Lessee by this agreement; provided, however, that nothing herein shall preclude the Lessee from excluding unauthorized persons from the lands subject to this agreement during any period where Lessee`' reasonably deems such exclusion necessary or, desirable in connection with its authorized use of land subject to this agreement; 13. RULES AND REGULATIONS: Lessee shall observe and comply with all rules and regulations now or hereafter promulgated by any agency of the State of California and Lessee shall at all times take necessary precautions to prevent pollutions and contamination of the environment; 14. MODIFICATIONS AND REMOVALS: Any modifications of natural or existing features of the real property described in this lease, including but not limited to the removal of timber and other fl ora, which are inconsistent with the authorized uses under this lease are expressly prohibited without the prior written consenthof the Lessor; Section 4 STANDARD COVENANTS - STATE LANDS COMMISSION LEASE (Continued) 15. ACCESS TO On= STATE LANDS: Lessee shall provide adequate public Vehicular and pedestrian access across, over and upon the leased premises to any other abutting lands owned by the 16. RIGHTS -OF -WAY: (A) If the lease is for a right- of -way covering one or more pipelines or conduits, the property right granted herein applies only to land actually underlying the pipelines or conduits, and there is hereby granted a non - exclusive right to go into and upon the lard subject to this agreement on either side of said lines or conduits and within the parcel described in Section 3 as reasonably necessary for installation, inspection and maintenance of the pipeline or conduits. (B) Reasonable passage across and along any right of way granted by this agreement shall be reserved to the public. 17- INDEMNITY, BOND AND INSURANCE: Lessee shall file with Lessor and maintain in full force and effect at all times during the term of this lease or any extension thereof and an additional y_ days s period .of ninety-one' (91) da a good and sufficient surety bond drawn_ in favor of the State of California in the penal sum stated in Section 1 hereof, to guarantee to Lessor the faithful performance and observance by the Lessee -of all of the covenants and conditions implied or specified in this lease, and vihich specified or implied covenants -and conditions are mandatory upon and are to be kept and performed by the Lessee; Lessee shall indemnify and save harmless the ,State of California, its officers, agents and employees against any and all claims, demands, loss, action or liability of any kind which'State.of California, or ol Section 4 STANDARD COVENANTS - STATE LANDS COMMISSION LEASE (Continued) any of its officers, agents or employees may sustain or incur or which may be imposed upon them or any of them arising out of or connected with the issuance of this lease,, including, without in any way limiting the generality of the foregoing, any claim, demand, loss, or liability arising from any failure of title or any.alleged- violation of the property or contractual rights of any-third person or persons in the leased lands; Lessee shall obtain at his own expense and keep in, full force and effect during the. term of this lease, for the protection of Lessee and the State in an insurance company. acceptable to Lessor covering the leased premises less than the amounts stated shall specifically name the comprehensive public liability insurance and their surrounding area with limits of not in Section 1 hereof. The policy or policies State as an insured party as to the land under lease; and the certificate shall specifically identify the lease by..number, +i and a copy of the insurance policy must be provided by the Lessee to the, Lessor. Upon any increase in rental as provided in Paragraph 2, Lessee agrees a-, CQ ' to increase the penal sum =of the bond in the same proportion. 18. ASSIGNMENT, TRANSFER, OR SUBLETTING: Lessee shall not transfer, nor assign, this agreement and shall not sublet the land subject to this agreement >01 %7" without the prior written consent-of Lessor first had and obtained; and it is understood that if such consent is granted,_ Lessor must share in any monetary receipts by Lessee according to Title 2, Division 3, Section 2014 of the California Administrative Code; 19, TERMINATION BY LESSEE: Lessee may terminate this agreement upon giving Lessor not less than sixty ('60) days written notice prior to the date of such termin:atione Lessee agrees on the last day of said term or any sooner termination of this agreement to peaceably and quietly leave, surrender and4 1 t Section '4 STANDARD COVENANTS - STATE LANDS COMMISSION LEASE (Continued) yield up to Lessor the land subject to this agreement in good order, condition, and repair, reasonable use and wear thereof and damage by act of God and the . elements excepted, and execute and deliver to Lessor a good and sufficient release of. all rights under this lease. Should Lessee fail or refuse to deliver the release as aforesaid, a written notice by Lessor reciting the failure or refusal of the Lessee to execute and deliver said release as herein provided shall from the-date of recordation of said notice be conclusive evidence against Lessee and all persons claiming under Lessee of the termination of this lease and any claims and rights of Lessee. in the. land and improvements subject to this lease. In the event Lessee elects to terminate this agreement, such termination does not release Lessee from any unpaid but accrued rent, royalty payments or4 equivalent consideration which may be owed to the Lessor; 20. CANCELLATION BY STATE% If this lease covers land obtained by Lessor JN1 from the united ,States as or in .lieu of school lands., Lessor reserves.the right and power to cancel this lease at any time during the term hereof.. upon notice in writing to the Lessee of not less than ninety (90) days next prior bo the date -such cancellation shall become effective,.and'Lessee hereby agrees, . t upon receipt of such written notice, that Lessee will vacate .the demised premises on.or before such cancellation date; 210 TERMINATION UPON SALE OR- EXCHANGE: If this is .a Grazing. or Agricultural Lease, such lease is t.ermina.ted by Lessor upon sale or exchange of the land subject to this agreement without advance notice to-.the Lessee as provided for by law and by the rules and regulations of the State Lands Commission; Section 4 STANDARD COVENANTS - STATE LANDS COMMISSION LEASE (Continued) 22. RESTORATION OF PREMISES: Upon expiration.or sooner termination of this lease, Lessor may elect to accept the leased land as then improved with structures, -buildings, pipelines, machinery, facilities and fills in place or .Lessor may 'elect to have any such improvements removed by Lessee at Lessee's expense, All such improvements to be removed shall be salvaged and removed by Lessee at Le'ssee's sole .expense and risk Vritliin ninety' (g'0) days. after the expiration or sooner termination 'of this lease. In making " such removals Lessee shall restore said leased land.as nearly as possible to the condition existing prior to erection or placement of the improvements thereupon:; 23. HOLDING OVER: Any holding over after the expiration of the term of this lease by the Lessee, with the consent of the State, shall be construed to be a tenancy from. month to month, and shall otherwise be on the terms -and conditions herein specified as far as applicable-with rental at the rate of 1/12 of the annual rental stated in Section_ 1 payable in advance or_ the first CQ day of each month; 24. REPOSSESSION: In the event of failure of the Lessee to pay -rental, or in the event of a breach of any of the other covenants contained within this agreement, or failure of lessee to observe the terms, conditions,' restrictions or time limitations herein_ contained, to be kept,'performe'd and observed, it shall be lawful for Lessor to re -enter into and upon the demised premises, and to remove all persons and property therefrom, and to repossess and enjoy the herein described demised premises as in-the first and former estate of the State; Section 4 STANDARD COVENANTS - STATE:.LANDS COM CSSION.LEASE (Continued) 2,5. RENEWAL: Lessee or his heirs or-assigns, or any successor in interest thereto, shall have the right to renew this agreement for the additional periods and years stated in Section 1 hereof upon such reasonable terms and conditions as the Lessor, or any successor in interest thereto, might impose. Such option to renew must be exercised by Lessee by giving written notice to Lessor at least six (6) months prior to the tarmir_ation date of the lease, or such option is waived by Lessee; 26. WAIVER OF BREACH: The waiver by Lessor of any breach of any term, covenant or condition herein contained shall not be deemed to be a'waiver of any subsequent breach of the same or any other term, covenant or condition herein contained, The subsequent acceptance of monies hereunder by Lessor shall not be deemed to`be a waiver of any preceding breach by Lessee of any term, covenant or condition of this lease, other than the failure of Lessee Fa to pay the particular monies so accepted, regardless of the Lessor's knowledge of such preceding breach at the time of acceptance of such monies; 2 . NOTICES: That all notices herein 7 provided to be given shall be ydeemed to have been fully given-when made in writing and deposited.in the United States.mail with postage prepaid and addressed to the principal office or headquarters of the State Lands Commission, or to the Lessee as, addressed on Section 1 hereof, as appropriate; 28. CHANGES: This agreement may be terminated or the provisions changed, altered, or amended by mutual agreement of the parties hereto; 29. TIME -- SUCCESSOR'S LIABILITY: Time is the essence of each and all the terms and provisions of this agreement, and the terms and provisions of this agreement shall extend to and be binding upon and inure to the benefit lf' ml I Section 4 STAMDARD.COVENANTS - STATE LANDS COMMISSION LEASE (Continued) of the heirs, successors and assigns of the respective parties hereto; if w more than one Lessee is named herein, the obligations of said parties herein contained shall be joint and several; 30. CAPTIONS. The captions of this lease are for convenience only and are not a part of this lease and do not in any way limit or amplify the terms and provisions. of'.this lease STATE OF CALIFORNIA STATE LANDS_ COMMISSION n— _� . �r... r , STATE OF CALIFORNIA STATE LANDS_ COMMISSION LEASE PeR.C. -No ... This Lease will become binding-upon the State only when duly executed on behalf of the State.Lands Commission of the State.pf California; IN WITNESS WHEREOF, the parties hereto. have executed this lease ".of the— date_her_eaf texL-affixe.d. ttrlirird�4S��,�TV.E �}tt/tS /d'1i %�de� STATE OF C. Ei; rX�rS 1FWf ° Name of Lessee STATE LAA IYQ, ) rrrstt�,S r 6 f/'''`�y /' W /q y / r ♦ J �'4`I e `y�, ir♦ trQ a' !• ✓e it ! , 11• I f �.F,.!� l • �� 'i lot kt >Yrlf t�l)5'f.�.il1'tY jJri' ,�.:: t By tom' I' oo L t� S t„ rt ' Name of Lessee. ,5f, '' r� ✓l r ti t f tiVtt�S+.tir 4• t NY� + ���trr'Ydrlt`it� ?r .tJz1,PNfPT �q\ 'o)ss..'T ;sec:T'Y Signature. DART �.rvooSrR�ES, } J 5 '' Wool, -lot 11 u .-:1:. 9'.. q Signature, loo. l'; The issuan a .thorizecl Commission Title Address 0 y STATE OF CALIFORNIA, COUNTY OF LOS ANGELES � n i no i n moon u u nu noon un m um a nlltltlllll I I III li III ih ion i ii nuili i iiiii i II ilil In ui OFFICIAL SEAL CYNTHIA L. TOOMEY NOTARY PUBLIC•- CALIFORiq1A PRINCIPAL OFFICE IN LOS ANGELES COUNTY My Commission Expires tvlay 8, 1978 .................. aomiA . G w*OMMiSSION t1.1 ti �yf t s 1 S r A. �f ti ,fr' 'i✓ >u t s! ,J,,{{r vr�Kj }', fill V�,1 "x to to •Sri �t�r� \11�� 5 T S•wl {,Yo- . fi, a— "� al;to i� MdVd rJ,r,t,t /r rTi .4.r Ll IN irt. ! too '..rj(t left ofris �ctlease was Y ti'e',State Lands }j {1 r } ss. ON������, , 19.74— before me, the undersigned, a Notary Public in and for said State, personally appeared C FART,FS S _ T)ngT< w known to metobe the me,$ —, Mi+d00ii w tck= AGsisi - ant Secretary of DART INDUSTRIES INC_ the Corporation that executed the within Instrument, known to me to be the persons who executed the within Instrument, on behalf of the Corporation herein named, and acknowledged to me that such Corporation executed the within Instrument pursuant to its by -laws or a resolution of its board of directors. WITNESS my hand and official seal. ��.L000- �2ed /2 Notary Public in andfor said State. ot . LEASE PeR.C. -No ... This Lease will become binding-upon the State only when duly executed on behalf of the State.Lands Commission of the State.pf California; IN WITNESS WHEREOF, the parties hereto. have executed this lease ".of the— date_her_eaf texL-affixe.d. ttrlirird�4S��,�TV.E �}tt/tS /d'1i %�de� STATE OF C. Ei; rX�rS 1FWf ° Name of Lessee STATE LAA IYQ, ) rrrstt�,S r 6 f/'''`�y /' W /q y / r ♦ J �'4`I e `y�, ir♦ trQ a' !• ✓e it ! , 11• I f �.F,.!� l • �� 'i lot kt >Yrlf t�l)5'f.�.il1'tY jJri' ,�.:: t By tom' I' oo L t� S t„ rt ' Name of Lessee. ,5f, '' r� ✓l r ti t f tiVtt�S+.tir 4• t NY� + ���trr'Ydrlt`it� ?r .tJz1,PNfPT �q\ 'o)ss..'T ;sec:T'Y Signature. DART �.rvooSrR�ES, } J 5 '' Wool, -lot 11 u .-:1:. 9'.. q Signature, loo. l'; The issuan a .thorizecl Commission Title Address 0 y STATE OF CALIFORNIA, COUNTY OF LOS ANGELES � n i no i n moon u u nu noon un m um a nlltltlllll I I III li III ih ion i ii nuili i iiiii i II ilil In ui OFFICIAL SEAL CYNTHIA L. TOOMEY NOTARY PUBLIC•- CALIFORiq1A PRINCIPAL OFFICE IN LOS ANGELES COUNTY My Commission Expires tvlay 8, 1978 .................. aomiA . G w*OMMiSSION t1.1 ti �yf t s 1 S r A. �f ti ,fr' 'i✓ >u t s! ,J,,{{r vr�Kj }', fill V�,1 "x to to •Sri �t�r� \11�� 5 T S•wl {,Yo- . fi, a— "� al;to i� MdVd rJ,r,t,t /r rTi .4.r Ll IN irt. ! too '..rj(t left ofris �ctlease was Y ti'e',State Lands }j {1 r } ss. ON������, , 19.74— before me, the undersigned, a Notary Public in and for said State, personally appeared C FART,FS S _ T)ngT< w known to metobe the me,$ —, Mi+d00ii w tck= AGsisi - ant Secretary of DART INDUSTRIES INC_ the Corporation that executed the within Instrument, known to me to be the persons who executed the within Instrument, on behalf of the Corporation herein named, and acknowledged to me that such Corporation executed the within Instrument pursuant to its by -laws or a resolution of its board of directors. WITNESS my hand and official seal. ��.L000- �2ed /2 Notary Public in andfor said State. ot C E .R T I F .I _C .A T E I, Edgar Thedens, Secretary of Dart Industries Inc., a corporation organized and existing under the laws of the State of Delaware, do hereby certify that attached hereto is a true and exact copy of the resolution adopted at a meeting of the 'Board of Directors of said Corporation duly held on the 23rd day of April,.1974 at which meeting a quorum was present and acting throughout, and that said resolution has not been amended or rescinded and is now in full force and effect, IN WITNESS WHEREOF, I have hereunto set my hand and affixed the corporate seal of Dart Industries Inc, this 23rd day of April , 19746 Secretary -� — RES-OLVED;- -twat Charles S: Doskow; Assistant -- - - "� -- Secretary of the corporation, be, and he hereby is, authorized and empowered on behalf of this. Corporation: w �.J . 1. To execute and enter into the Boundary and Exchange Agreement (BLA 145) in the form presented to and filed with the Minutes of this meeting between this Corporation,' the State of California and Western Title Insurance Company to effect an exchange between this Corporation and the State of certain.lands bounding Donner Lake in Nevada County, California, to establish the boundary line between lands claimed by the State of California and owned by Dart Industries, and to lease certain lands to this Corporation. 2. To execute such deeds, escrow instruc- tions, guarantees and other instruments and documents as may be-necessary or proper in his judgment to carry out the aforesaid agreement. gFJ41 n,