Consider Termination of Recreational Pier Lease and Authorization of Litigation For Ejectment

Consider Termination of Recreational Pier Lease and Authorization of Litigation For Ejectment

Ratify staff's finding that Larry M. Hamilton and Laura B. Hamilton, Trustees of the Larry and Laura Hamilton Family Trust Dated January 3, 2006 (Lessees) are in default of Lease No. PRC 8765.9, because the Hamiltons have not complied with: 1) Section D, paragraph 8 (Compliance with Applicable Law) of the lease where they agreed as a condition and continued existence of the lease to obtain and maintain in effect all other federal, State, and local permit and entitlements; 2) Section E, paragraphs 3 and 4 (Special Provisions), where they agreed to provide the Commission 15 days notice prior to the start of construction and within 60 days of completion of the construction, confirm when construction was completed and submit photographs and "as-built" drawing of the authorized improvements. Authorize staff to issue a notice of termination, of Lease No. PRC 8765.9, a Recreational Pier Lease. Authorize staff of the State Lands Commission and the Office of the Attorney General to take all necessary legal steps, including litigation, to eject Lessees from State sovereign lands; to seek removal of the uncovered floating boat dock, six piling, and gangway from sovereign land in the Sacramento River adjacent to 14065 River Road, near Walnut Grove, Sacramento County; to seek restoration of the sovereign land at this location to its natural condition prior to the placement of the improvements to the satisfaction of the Commission; to seek such other remedies available for the breach of Lease No. PRC 8765.9; and to recover the Commission's damages and costs.

Sacramento