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HomeMy WebLinkAboutCity Council - 1397 s RESOL€3TION No, 1397 A RESOLUTION OF THE CITY COUNCIL OF THE CITY CF HUNTINGTON BEACH RELATING TO THE DEVELOPMENT AND LEASING OF CITY O1 D REAL PROPERTY .AT TEE I TERSEECT I ON OF HIGI AYC 101 and 39, HE18AS, the City of Huntington Beach is the owner of certain real property hereinafter described! and. 11' REAS 9 the City Council of the City of Huntington Beach has found and determined that it is for the best inter. est of the City that said real property be improved to the highest standards of development; and WHEREAS, the City Council has found and determined that in order to secure such high standards of development that said real property should be leased for such development; and WHEREAS, it is in the judgment and determination of the City Council of the City of Huntington Beach' for the best interest of said City to lease said real property, NDI THEREFORE, BE IT RESOLVED .AND ORDERED: 1, That it is the intention of the City Council of the City of Huntington Beach to lease the surface of the follow- ing described real property situated in the City of Huntington Beach, County of grange , State of California : 1, Res. No. 1397 Commencing at a point in the North line of the South One-Ylalf (S2) of the Northeast One-Quarter (NET') of Section 11-, Township 6 South, Range 11 West, S.B.B. & ICI. , said point being 30 feet East on said North line, of the intersection of said North lane with the West line of the East One-Half (E2) of the Northwest Cane-Quarter (N l') of the Northeast One-Quarter (NEW) of Section 14, Township 6 South, Range ll. fest, S.B.B. & M. , thence Easter- ly on said line 1844feet, more or less to a point in the West right of way line of Huntington Beach Boulevard, a State highway, thence on said right of way lane South 30 291 1-3" West for a distance of 593.12 feet to an angle point, thence South 250 321 11-$' "Vest for a distance of 386,94 feet to an angle point, thence South 870 571 35" :fast for a distance of 595.47 feet to an angle point, thence North 700 171 52" West for a distance of 298.80 feet to an angle point, thence North 560 551 53" West for a distance of 484.63 feet to an angle point, thence North 510 25t 09" 'Vest for a distance of 625.98 feet to an angle point, thence forth 30 00t 55" East for a distance of 40.00 feet to an angle point in the East right of way line of Bunt- z< ington Avenue, thence Northeast 208.4 feet, more or less to an angle point in said right of way line 2. Res. no. 1397 and thence northerly 19. 5 feet on said line to the point of beginning. EXCEPTING TAR FRO i that portion of the South Ones-Half (S1) of the northeast One-Quarter (Nft') of Section 14, Township 6 South.' Range 11 West, B.B.B. & IA. , described as follows® Beginning at a print on the east line of said Section 14, said point being the Southeast corner of the Northeast One-Quarter (NE- of the North- east One-Quarter (h am) of said Section 14; thence westerly on a line which has a course of South 890 43t Vilest 480 feet to a point; thence South 00 4+t Bast 30 feet to the true point of beginning; thence continuing South. 00 410 East 250 feet; thence westerly on a line which has a course of South 890 43' West 803.84- feet to a point; thence northerly on a line which has a course of North 00 44t West 250 feet to a point; thence easterly on a line which has a course of North 890 43' Bast 803.81+ feet to the true point of be inning, SUBJECT TO: (1) A non-exclusive easement for ingress and egress over the north 30 feet of the property a above described; and r t 3. Res. No, 1397 (2) An easement for the construction and maintenance of a drainage pipeline over a strip of land 20.00 feet in width' the center line of which is described as follows: Beginning at a point in the Fast line of the Northeast one-quarter of Section 14, Township 6 South, Range 11 West a S.B.B. & M. said point being located 1986.00 feet South of the Northeast corner of said Section 14; running thence West 945.00 feet along a line parallel to the forth line of said Section 14; thence Forth 666 feet more or less along a line parallel to the said East line of Section 14 to a point in the North line of the Southeast one-quarter of the Northeast one-quarter of said Section 14, the sidelines of said strip being prolonged and/or shortened to make a full 20.00 foot wide easement, 2. The term of said lease shall be for a period of fifty (50) years. 3, The form of lease to be entered into is now on file in the office of the City Clerk of the City of Hunt- ington Beach' to which reference is hereby made for full particulars. 4. Res. No. 1397 The successful bidder must agree to use the proper- ty for one or more of the uses permitted by the provisions of Article 921, Sections 9211.1 and 9211.2, Article 939 and Article 91+2 of the Huntington Beach Ordinance Code, as the same now exist or may hereafter be amended, and agree to construct upon said property one or more of the improvements authorized by said Articles and Sections of said Huntington Beach Ordinance Code. A copy of said Huntington Beach Ordi- nance Code is on file in -,,-he office of the City Clerk of the City of Huntington Beach, to which reference is hereby made for full particulars. All improvements to be construct- ed must comply with all applicable laws, rules and regula- tions governing construction in the City of Huntington Beach. The successful bidder must agree to commence construction of improvements upon said real property within 90 calendar days from the date of the execution of the lease and thereafter diligently prosecute to completion. 5* All fixtures and improvements constructed, erected and placed on said property shall become the property of the owner of the land upon the termination of the lease, 6. The bid shall specify a rental based on a percent- age of the gross receipts of any and all uses maintained, established and conducted on said property with a guaranteed minimum monthly rental commencing on the lst day of the month Res. No.1391 succeeding the execution of the lease and payable on the lst day of each and every month thereafter during the term of the lease. Such guaranteed minimum monthly rental shall not be less than $1,000,00 per month for a period of six (6) calendar months and $1,650.00 per calendar month thereafter for the full term of the lease. 7. Each bidder shall submit with his bid preliminary plans and specifications of the proposed improvements show. ing the uses intended and the improvements contemplated to be constructed in conformity with the requirements hereof and showing the estimated cost thereof excluding architeetts, engineerts, inspectorts or attorneys fees or any other costs not involved in the direct construction or performance of the work proposed. Such plans' specifications and estimates shall be in sufficient form to permit an intelligent evalu— ation of the proposed uses and improvements and the revenue to be anticipated therefrom. 8. The successful bidder shall furnish, at the time of the signing of said lease and maintain during the term of the lease, a policy of Public Liability and Property Damage insurance in which the City of Huntington Beach is named as an additional insured in the amounts of not less than $1007000/ $500,000 for personal injury and $50,000 for property damage, Res. No. 1397 9. Bidder shall agree that if his bid is accepted he will erect and construct the proposed improvements and will furnish a faithful performance bond in an amount equal to the estimated cost thereof to secure the construction thereof in conformance with final plans and specifications, and a labor and materialmen bond to hold the City exempt , and harm-less from any claim, demand or suit on account of any labor performed or material furnished in the erection and construction of said improvement. 10. Bidders are hereby informed that the City of Huntington Beach on January 12th, 1959, executed a Free-way Agreement relating to Route 60 Freeway, with the State of California, acting by and through the Department of Public Works, Division of Highways, which affects the real proper- ty herein described, a copy of which Freeway Agreement is on file with the City Clerk of the City of Huntington Beach and to which reference is hereby made for full particulars, 11. Bidder shall file with his bid, the names and addresses of each of the individuals having any interest in the bid; if the bidder is a partnership or joint venture, the names and addresses of all partners and all joint ventur- ers; if a corporation, the names and addresses of all offic- ers of the corporation and the name of any stockholder having 506 or more of the voting stock of said corporation. Bidders shall also file with their bid, a statement of their previous Res. No. 1397 experience in construction and development work and a fi- nancial statement in sufficient detail to enable the counc- il to determine the financial ability of the bidders to per- form the terms of the lease. Bidders may also file such economic surveys or other pertinent information which they may have, or have obtained, relating to the real property to be leased hereunder and the intended uses to be made thereof by the bidders, to assist the Council in evaluating the proposed uses and improvements and the amount of revenue expected to be received therefrom, 12. Bidders are further informed that the City of Huntington Beach will consent to the lessee' s hypothecation of its interest up-der the lease by mortgage or trust deed to a responsible financial institution for an improvement loan to enable the lessee to erect the improvements on said premises; provided, however, that the City of Huntington Beach will not consent to such hypothecation unless the bidder shall, at the time of the submission of his bid, set forth the name and address of the financial institution making such improvement loan and that such designated finan- cial institution shall, in writing, acknowledge that the ..' funds are available for said construction loan to the bidder in the event that the bidder's bid is accepted by the City. 13. That a public meeting of the City Council will be held at 8:00 o'clock P.M. or the lst day of February,1960 8 Res® Ho. 197 in the Council Chambers in the City Hall' Huntington Beach, California, at which time and place sealed proposals to lease said property, which have been received, will be pub- licly opened, examined and declared by the Council. At said time and place the Council will7 before accepting any written proposal call for oral bids and if any responsible person offers to lease the property, upon the terms and conditions specified in this resolution, for a rental exceeding by at least five percent (51) the highest written proposal and files forthwith all their material, plans and specifications as required herein, then such highest oral bid will be re- ceived and considered by the City Council. 11-. That notice of the adoption of this resolution and of the time and place for the hearing of said meeting . of the City Council shall be given by publishing a copy of this resolution by three (3) insertions' in the Huntington Beach News, a newspaper of general circulation, printed and published in the City of Huntington Beach, the first inser- tion of said publication to be more than twenty-one (21) days prior to the date herein fixed for said meeting. 15. Each bidder must agree in his proposal that the proposal may be accepted by the City Council at any time within thirty (30) days after the opening thereof. Each bidder shall submit with his proposal a cashierts check or 9_ Res. No. 1397 bidder's bond equal to $25,000.00 to guarantee that he will enter into the lease in the event it is awarded to him. 16, That the Council hereby reserves the right,should it deem such action to be for the best public interest, to reject any and all bids, either oral or written and to waive any informality- in any bid received, and to withdraw said property from lease, PASSED AND ADOPTED by the City Council of the City of Huntington Beach, California at a regular meeting thereof held on the 2nd day of November, 1959. May or ATTEST: City Clerk 10. Res. No. 1397 STATE OF CALIFORNIA County of Orange ss City of Huntington Beach I, J OH ° L. HENRICKSEN, the duly elected' qualified and acting City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do here. by certify that the whole number of members of the pity Council of the City of Huntington Beach is five; that the foregoing resolution was passed and adopted by the affirma- tive vote of more than a majority of all the members of said City Council at a regular meeting thereof held on the 2nd day of November ' 1959, by the following vote: AYES: Councilmen: Lambert, Sork, Terre Waite, Irby. NOES: Councilmen: None. A.BSE : Councilmen: None. i .y Clerk and ex-officio Clerk of t e City Council of the City of Huntington Beach, California.