SECTIONS 715-719 - California Statutes

CIVIL CODE

SECTION 715-719

715. A lease to commence at a time certain or upon the happening of
a future event becomes invalid if its term does not actually
commence in possession within 30 years after its execution.

717. No lease or grant of land for agricultural or horticultural
purposes for a longer period than 51 years, in which shall be
reserved any rent or service of any kind, shall be valid.

718. No lease or grant of any town or city lot, which reserves any
rent or service of any kind, and which provides for a leasing or
granting period in excess of 99 years, shall be valid. The property
owned by, or that held by, or under the management and control of,
any municipality, or any department or board thereof, may be leased
for a period not to exceed 55 years. The property of any municipality
not acquired for park purposes may, for the purpose of producing, or
effecting the production of minerals, oil, gas or other hydrocarbon
substances, be leased for a period not to exceed 35 years. Any
tidelands or submerged lands, granted to any city by the State of
California, may be leased for a period not to exceed 66 years unless
the grant from the state of the use thereof provides specifically the
term for which said lands may be leased. Tidelands and submerged
lands owned or controlled by any city, together with the wharves,
docks, piers and other structures or improvements thereon, and so
much of the uplands abutting thereon as, in the judgment of the city
council, or other governing body, of said city, may be necessary for
the proper development and use of its waterfront and harbor
facilities, may be leased for a period not to exceed 66 years. Said
tidelands, submerged lands and uplands may be so leased only for
industrial uses, the improvement and development of any harbor, or
harbors, of said city, the construction and maintenance of wharves,
docks, piers or bulkhead piers, or any other public use or purpose
consistent with the requirements of commerce or navigation at, or in,
any such harbor or harbors.

718f. A lease of land for the purpose of effecting the production
of minerals, oil, gas, or other hydrocarbon substances from other
lands may be made for a period certain or determinable by any future
event prescribed by the parties but no such lease shall be
enforceable after 99 years from the commencement of the term thereof.

719. Notwithstanding the 55-year limitation imposed by Section 718,
property owned by, or held by, or under the management and control
of, any city, or any department or board thereof, may be leased for a
period which exceeds 55 years but does not exceed 99 years, if all
of the following conditions are met:
(a) The lease shall be subject to periodic review by the city and
shall take into consideration the then current market conditions. The
local legislative body may, prior to final execution of the lease,
establish the lease provisions which will periodically be reviewed,
and determine when those provisions are to be reviewed.
(b) Any lease entered into by any city pursuant to this section
shall be authorized by an ordinance adopted by the legislative body.
The ordinance shall be subject to referendum in the manner prescribed
by law for ordinances of cities.
(c) Prior to adopting an ordinance authorizing a lease, the
legislative body shall hold a public hearing. Notice of the time and
place of the hearing shall be published pursuant to Section 6066 of
the Government Code, in one or more newspapers of general circulation
within the city and shall be mailed to any person requesting special
notice, to any present tenant of the public property, and to all
owners of land adjoining the property.
(d) Any lease shall be awarded to the bidder which, in the
determination of the legislative body, offers the greatest economic
return to the city, after competitive bidding conducted in the manner
determined by the legislative body. Notice inviting bids shall be
published pursuant to Section 6066 in one or more newspapers of
general circulation within the city.
(e) The provisions of subdivisions (b), (c), and (d) of this
section do not apply to any charter city, which may utilize a
procedure as specified by charter or adopted by ordinance in
accordance with its charter.
(f) This section shall not apply to leases of property acquired
for park purposes; to leases for the purpose of producing mineral,
oil, gas, or other hydrocarbon substances; nor to leases of tidelands
or submerged lands or improvements thereon.