HomeMy WebLinkAboutCity Council - 3615 RESOLUTION NO. 3615
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
HUNTINGTON BEACH AUTHORIZING THE MAYOR AND CITY
CLERK TO EXECUTE HUNTINGTON CENTRAL PARK MASTER
CONCESSION LEASE
The City Council of the City of Huntington Beach does
hereby resolve as follows :
That the Huntington Central Park Master Concession Lease,
by and between the City of Huntington Beach, a municipal cor-
poration, and Huntington Central Park Concession Co . , a Cali-
fornia corporation, dated December 4, 1972, a copy of which
is marked Exhibit "A, " attached hereto and made a part hereof,
is hereby approved.
That the Mayor and City Clerk of the City of Huntington
Beach are hereby authorized and directed to execute the Hunt-
ington Central Park Master Concession Lease.
PASSED AND ADOPTED by the City Council of the City of
Huntington Beach at a regular meeting thereof held on the 4th
day of December, 1972 .
Mayor
ATTEST: APPROVED AS TO FORM:
PAUL C. JONE5
City Clerk ty At or ey
By
Assistant City Clerk
1
HUNTINGTON CENTRAL PARK MASTER CONCESSION LEASE
CONTENTS OF LEASE
Clause Number And Name Page
1 . Term of Master Lease 1
a. Construction Period 1
b . Operating Period 2
2. Lessee; Demised Premises 2
3 . Rental 2
a. Construction Period 3
b . Operating Period 3
C . Minimum Rental 4
d. The Accounting Year 4
e . Payment of Rental 4
f. Place of Payment and Filing 5
4 . Definition of Gross Receipts 6
5 . Records and Accounts , Audits 7
6 . Revision of Rentals 9
7 Use of Demised Premises 10
8. Use of Surplus 10
9 . Improvements to be Constructed by Lessee 11
10 . Completion Bond 15
11 . Ownership of Improvements 16
12 . Right of First Refusal to Re-lease 16
13 . Insurance 18
14 . Assignment , Subletting, Encumbering 20
15 • Assignment Under Trust Deed 22
16 . Cure By Trust Deed Beneficiary of
Default or Breach 23
i .
Clause Number and Name CONT]?NTS OF hFASE Page...
17 . Transfer of Leasehold by Foreclosure 24
18 . Billboards and Signs 25
19 . Hold Harmless 25
20 . Default 25
21 . Unlawful Use 26
22 . Notices 26
23 . Amendment to be in Writing 26
24 . Excusable Breach 26
25 Partial Invalidity 27
26 . Waiver of Rights 27
27 . Taxes and Assessments 27
28. Eminent Domain 28
29 . Bankruptcy, Execution Under Judgment ,
Failure to Pay Debts When Due 29
30 . Destruction of Improvements 29
31 . Successors in Interest 30
32 . Maintenance 30
33 . Inspection 31
34 . Prices and Quality of Service 31-
35 . Utilities 34
36 . Other Operations and Facilities 34
37 Guarantee 36
;8 . Time 36
ii .
HUNTINGTON CENTRAL PARK MASTER CONCESSION LEASE
This lease, made this 4th day of December , 1972 ,
by and between the City of Huntington Beach, a municipal corpo-
ration, and Huntington Central Park Concession Co. , a California
corporation, hereinafter referred to respectively as Lessor and
Lessee, without regard to number or gender,
W I T N E S S E T H:
WHEREAS, City owns and controls certain park lands , known
as Huntington Central Park, and
WHEREAS, it is the desire cf the Lessor that the park con-
tain a quality food, recreational, and restaurant facilities
unit .
NOW, THEREFORE, in consideration of the covenants and con-
ditions hereinafter contained to be kept and performed by the
parties hereto, it is mutually agreed as follows :
1. TERM OF MASTER LEASE. The term of this lease shall
commence upon execution by Lessor and shall be for a period of
twenty-five (25 ) years terminating on December 4 1997
unless terminated prior thereto in accordance with the pro.-
visions of this agreement as hereinafter provided. The term
of this lease agreement is divisible as follows :
a. Construction Period.
The "construction period" is hereby defined as
that period of time commencing with the execution of this lease
1 •
MHM:lm
12-1-72
by Lessor and terminating either at such time as Lessee begins
sales or services to patrons , or at the expiration of the first
eighteen (18) months of the term hereof, whichever shall first
occur; and
b Operating Period.
The "operating period" is hereby defined as that
period of time commencing as of the expiration of the "con-
struction period" as set forth in subsection A above, and con-
tinuing thereafter until the termination of the lease
2. LESSEE; DEMISED PREMISES . The term "Lessee" as used in
- this lease shall include each employee or agent of Lessee , each
sublessee, subtenant, concessionaire , subconcessionaire, licensee ,
or other person or entity occupying any portion of the demised
premises or conducting any business thereon, by agreement or
contract with Lessee . No duty imposed by this lease upon Lessee
shall be delegable without the written consent of Lessor. The
Lessee corporation shall engage in no business enterprise or
activity other than those provided in this lease, nor shall the
Lessee corporation make any investment other than in the facilities
and activities provided hereunder, without the written consent
of Lessor. The term "demised premises" as used in this lease
shall mean the area within Huntington Central Park indicated on
EXHIBIT I with outline and cross-hatchings . EXHIBIT I is attached
hereto and made a part hereof.
3 . RENTAL. The Lessee shall pay for the use of the demised
premises during the term of this lease the following enumerated
fees and percentages :
2 . -
a Construction Period.
No rental shall be due for the construction period
as defined in clause la above
b Operating _Period.
(1) Following the expiration of the construction
period, Lessee shall pay to Lessor each year during the operating
period at the times and in the manner hereinafter provided, an
amount equal to the following percentages of the gross receipts
from refreshment stands, boat and bicycle rentals, tackle and
other sales or changes for services or equipment other than sales
from vending machines ,and from restaurant and from cocktail bar
operations .
(a) Before amortization of original and
initial capital improvements : 9% of all gross sales under
$1503000 .00; 14% of all gross sales over $150 ,000..00 .
(b) After amortization of original and initial
capital improvements : 12% of all gross sales under $150 ,000 .00;
17% of all gross sales over $150 ,000 .00
(c) "Amortization" as used herein refers to
the shortest period in which said improvements could be fully
amortized or depreciated, or a combination of amortization and
depreciation, for federal income tax purposes . The period actually
used by Lessee for such depreciation and/or amortization shall
not be controlling. In computing the shortest period during which
the said improvements could be fully amortized or depreciated,
applicable Treasury depreciation guidelines shall be followed,
"Bonus depreciation" for the first year shall not be counted in
the computation of said shortest period .
3 .
(2) An amount equal to 2 1/2% of the gross
receipts from the restaurant and cocktail bar for the first two
years of operation thereof; an amount equal to 3% of the gross
receipts from the restaurant and cocktail bar for the remainder
of the term of the lease thereafter.
( 3) An amount equal to 5% of the gross receipts
from vending machines .
c . Minimum Rental .
Lessee covenants and agrees to pay to Lessor an
annual minimum rental for each full accounting year during the
entire operating period in the amount of ten thousand dollars
($10 ,000 ) , subject to adjustment as provided hereinafter.
d. The Accounting Year.
The accounting year shall be from January 1
through December 31; such accounting year may at Lessee ' s
option be changed to Lessee 's taxable year for federal income
tax purposes by written notice to Lessor within eighteen -(18)'
months after the date of execution of this lease.
e . Payment of Rental .
Lessee covenants and agrees that on or before
the 2eth day of each month of the operating period, it will
render to Lessor a full and correct statement of all applicable
gross receipts from the preceding calendar month . Beginning
with the statement of the first month and the first accounting
year to which the annual minimum rental applies , each such
statement shall show:
4 .
(1) The total gross receipts for the month and
year to date for those items upon which the percentage rental is
based, itemized as to each of the separate categories thereof;
(2) The itemized amounts of percentage rental for
the month and year to date, computed as herein provided and the
total thereof;
(3) The total percentage and minimum rental pre-
viously paid by Lessee for prior months of the current account year;
(4) The percentage rental due for the preceding
month.
Lessee covenants and agrees to pay rental payments at the
20th of the month following. each quarter based on the percentages
set forth herein. At the end of the calendar year, if the rental
payments pursuant to the percentage formula paid to date do not
amount to the minimum annual rental of Ten Thousand Dollars
($10,000) , the difference is due and payable at that time .
For any partial calendar year for which rent is due, the
minimum rental payment shall be pro-rated and the percentage
rental/minimum rental differential for that year shall be cal-
culated on the basis of said pro-rated amount .
For all sums due hereunder and delinquent for ten (10) days,
there shall be added thereto on such tenth day, and for each
month of delinquency after such tenth day , a penalty of five
percent (5%) of the total amount then due.
f. Place 'of 'Payment and Filing
All rentals shall be payable at, and allstate-
ments and reports herein required shall be filed with, the office
5.
of the Finance_ Director of the City of' Huntington 13ea.ch, Sixth
and Pecan, Huntington Beach, California, or at such other address
as shall be furnished to Lessee by written notice from Lessor.
Rentals may be paid by check made payable to the City of
Huntington Beach . A duplicate copy of all statements and reports
required shall also be filed with the Director of Recreation and
Parks of the City of Huntington Beach .
4 DEFINITION OF GROSS RECEIPTS. The term "gross receipts"
upon which the percentage rentals are to be based shall include :
a. The sale price of all goods , wares, merchandise ,
and products sold on or from the demised premises by Lessee,
whether for cash or credit and whether or not payment therefor
is actually received;
b . The charges made by Lessee for the sale or rendi-
tion on or from the demised premises of services of any nature
or kind whatsoever, whether for cash or credit , and whether or
not payment therefor is actually received;
C . All admission, entry, rental , and other fees of
any nature or kind charged by Lessee;
d. All sums deposited in any coin-operated vending
machine or other coin-operated or coin-activated device main-
tained on the demised premises, regardless of the ownership of
the machine or device, or whether such sums are removed and
counted by the Lessee or others and regardless of what percent-
age thereof Lessee is entitled to receive . Coin-operated tele-
phones shall not be subject to this clause .
e . The fair rental value of facilities used by Lessee
6 .
for purposes other than the business purToses for which the
demised premises are leased.
Gross receipts shall exclude all sales and excise taxes
payable by Lessee to federal, state, county, or municipal govern-
ments as a direct result of operations under this lease . Refunds
for goods returned shall be deducted from gross receipts upon
return. Bad debt losses shall not be .deducted from gross
receipts
5 RECORDS AND ACCOUNTS, AUDITS Lessee shall, at all
times during the term of this agreement keep, or cause to be
kept , true and complete books, records , and accounts of all
financial transactions in the operation of all business activities ,
of whatever nature, conducted on the demised premises . The
records must be supported by source documents such as sales slips ,
cash register tapes, purchase invoices , or other pertinent docu-
ments .
All retail sales and charges shall be recorded by means
of cash registers or other comparable devices which display to
the customer the amount of the transaction and automatically
issue a receipt . The registers shall be equipped with devices
which lock in sales totals and other transaction records , or
with counters which are not resettable and which record trans-
action numbers and sales details . Totals registered shall be
read. and recorded at the beginning and end of each day .
In the event of admission charges or rentals , Lessee shall
issue serial-nurnbered tickets for each such admission or rental
and shall keep an adequate record of said tickets , both issued
7 •
and unissued.
Within ninety (90) days after the end of each accounting
year, Lessee shall. at its own expense submit to Lessor a. balance
sheet and income statement prepared or audited by a certified
public accountant , reflecting business transactions on or from
the demised premises during the preceding accounting year. The
statement shall include but not be limited to a showing of in
come , expenses , and deductions reported to the United States of
America for income tax purposes , and a reconciliation of any
differences therefrom. At the same time, Lessee shall submit
to Lessor a 'statement certified as to accuracy by a certified
public accountant wherein the total gross receipts for the ac-
counting year are classified according to the categories of busi-
ness listed in clause 3b and according to any other category of
business conducted on or from the demised premises .
All of Lessee 's books of account and records related to
this lease or to business operations conducted within or from
the demised premises shall be kept and made available at one
location within the limits of the City of Huntington Beach.
Lessor shall have the right to examine and audit said books of
account and records at any and all reasonable times for the pur-
pose of determining the accuracy thereof, and may also examine
and audit the monthly statements of sales made and monies re-
ceived. The cost of said audit shall be borne by Lessor un-
less the audit reveals a discrepancy of more than five percent
(5°0') between the rent due as reported by Lessee in accordance
with this lease and the rent due as determined by said audit .
8 .
In the event of a greater discrepancy, the full cost of the
audit , as determined by the Finance Director ofLessors shall be
paid by Lessee .
Upon the request of Lessor, Lessee shall promptly provide at
Lessee ' s expense , necessary data to enable Lessor to fully comply
with any and every requirement of the State of California or the
United States of America for information or reports relating to
this lease and to Lessee ' s use of the demised premises. Such data
shall include, if required, a detailed breakdown of Lessee's
receipts and expenses,
6 . REVISION OF RENTALS . Every five years , by written
demand made at least ninety days prior to the beginning of the
accounting year, either party may require an adjustmentin the
minimum rentals or percentages and may also require a revision
of insurance requirements , either of which are at that time un-
reasonable .
Any such revision determined after the beginning of the
accounting year shall be retroactive to the beginning of the
accounting year. Such revision shall be made by negotiation.,
but if agreement is not reached within two (2) months after such
demand, it shall be made by arbitration under Part 3, Title IX,
of the California Code of Civil Procedure , Sections 1280 et seq .
The intent and purpose of such revision and the instructions
to the arbitrators , if necessary, shall be to adjust the minimum
rent or the insurance in question to take account of changed
relative price levels in various businesses and business condi-
tions since the date hereof or the next preceding such revision,
9 ,
that is to take account of changing values in purchasing power of
the dollar.
7 . USE OF DEMISED PREMISES . The demised premises shall be
used by Lessee only for the operation of food, recreational,
restaurant, and cocktail bar facilities , .and related services,
and facilities for patrons thereof. Lessee shall not use the
demised premises nor any portion thereof for any other purpose
than that hereinabove set forth without first having had and
obtained the written consent of Lessor.
8 . USE OF SURPLUS. The Lessee, except as herein otherwise
provided, agrees that the surplus from its concessions operations
under this master concession lease shall be held and used only
for the development and improvement of the facilities hereinabove
mentioned.
The Lessee shall from time to time devote such portion of its
surplus as recommended by Lessor, or as recommended by the Lessee
and approved in writing by Lessor, to the planning and making of
capital improvements on the demised premises and to replacement
and improvement of facilities existing thereon .
Surplus shall be used only upon prior written approval
by Lessor.
It is expressly understood and agreed that if a portion of
the surplus has been allocated for an approved purpose, such
allocation shall not be changed except by mutual written con-
sent of the Lessee and Lessor. "Surplus , " for the purposes of
this lease means that amount of money which is equal to twenty-five
percent (250) of the taxable income from all operations under this
10 .
lease , before federal or state or local taxes measured by such
income , as such income is reported and finally determined for
federal income tax purposes
Surplus shall be deposited annually by Lessee in a trust
account to be maintained by Lessee at a bank in the City of
Huntington Beach, to be paid out only for planning and capital
improvements as above provided. Such account shall require sig-
natures by both Lessor and Lessee for any withdrawal or payment
therefrom. Lessor shall have the right to inspect the records of
said account at any time . Failure of Lessee to deposit said sur-
plus in said account within three and one-half months after the
close of each income tax fiscal year of Lessee shall be treated
hereunder as a failure to pay rent when due . The said account
-shall be of a type to draw the maximum amount of interest avail-
able, insofar as such type of account is feasible with respect to
anticipated withdrawals . Interest earned on said account shall
be paid into said account by the bank and shall constitute surplus .
Lessee shall be responsible for the accounting for and
deposit of surplus from all enterprises or activities conducted
or carried on upon the demised premises by any person or entity .
Upon termination of this lease, any remaining unused surplus
shall be paid over to the Lessor.
g . IMPROVEMENTS TO BE CONSTRUCTED BY LESSEE. Lessee under-
takes and agrees to cause to be designed, constructed and in-
stalled on the demised premises, at no cost to Lessor, facilities
which shall include two (2) food service buildings , one ( 1) of
which may include facilities for boat and bicycle rental, a
11.
restaurant and cocktail bar, a paved automobile parking facility
to accommodate the patrons of the restaurant , ,and all work appur-
tenant thereto necessary to put the demised premises in the proper
condition for the uses allowed under this lease . Lessee hereby
expressly agrees that it will construct said facilities at a
{
cost of not less than:
a. $30 ,000 .00 for each of the food service buildings
and equipment affixed therein,
b . $200,000 .00 for the restaurant , cocktail bar, and
other site improvements, including the parking area.
Said costs may include reasonable architectural and engi-
neering fees .
No structures, improvements or facilities shall be con-
structed, erected or made in, to or upon the demised premises
without the written consent of the Lessor being first had and
obtained, and any condition relating to the manner, method,
design, and construction of said structures , improvements or
facilities fixed by Lessor shall be a condition hereof the same
as though it had been originally stated herein. It is under-
stood that Lessor shall not unreasonably withhold such consent . '
Prior to the construction of any structures and improvements
and grading of the demised premises, Lessee shall 'submit to
Lessor for its written approval a master plan for all con-
struction upon the demised premises .
All design work concerning the food service facilities
and restaurant shall be performed by a recognized architect.
For the purpose of this lease , the term "recognized architect"
12 .
Is defined as a profcc sional. who hel..i dez,,igned and supervised to
completion at least five (5`) restaurant and food service con-
cession structures , at least two (2) of which shall have been
located in the southern California area. Said recognized
architect shall immediately supervise the preparation and sub-
mission of all plans, working drawings , and specifications re-
quired in this lease , and shall supervise the construction of
said food service facilities to completion.
The master plan shall include as a minimum:
a. A land use study which shall include the following.
(1) A preliminary analysis of the immediate
area surrounding the structure .
(2) Architectural concept of all structures
which will clearly show the theme :
b . Recommended, solutions for problem areas , sanitary
problems, utilities , etc .
c . Accepted general design plan and specifications
with budget projections .
The master plan shall show that all of the demised
premises shall be fully developed to facility use . In the event
Lessee does not wish to use the entire demised premises for the
construction of said facilities , it may, at the time of the sub-
mission of the master plan, request a reduction in the size of
the demised premises . Upon approval in writing by the Lessor,
the size of the demised premises shall then be reduced for the
remaining term of the lease. Lessor agrees to approve such a
reduction in the size of the demised premises on condition that ,
13 .
the area to be excluded from the demised premises may be con-
veniently used by Lessor for the development of the remainder of
the park', and on the further condition that the total demised
premises- be not reduced to less than the area reasonably required
for the concessions specified and designated by Lessor for con-
struction and operation.
A reduction in the area under lease shall not `affect any
other provision in this lease , including the rental . Upon ap-
proval by Lessor of Lessee ' s preliminary plans , Lessee shall
<prepare working plans, drawings , and specifications which shall
be true and correct developments of the preliminary plans so
approved and shall cause the construction called for by said
working drawings and specifications to be commenced and com-
pleted with reasonable dispatcli .
The; working drawings and specifications shall include a
layout plan, a site clearance plan, a grading and drainage plan ,
a utilities plan, a water and irrigation plan, construction de-
tails , including all structures , a planting plan, specifications ,
and a time schedule .
Said working drawings and specifications shall be reviewed
and approved by Lessor as completed at appropriate intervals
during the construction period.
Upon completion of said improvements , Lessee shall
furnish to Lessor, at no cost to Lessor, two complete sets of
working drawings of the improvements as constructed.
All improvements constructed by Lessee on the demised
premises , including the plans and specifications therefor,
shall conform in all respects to applicable statutes and to
14 .
ordinances , building, codes, rules and regulations of the City
of Huntington Beach . The Lessor' s approval given as provided
in this section shall not constitute a representation or war-
ranty as to such conformity, which shall remain Lessee 's
responsibility . Lessee, at its own cost and expense , ,shall
procure all permits necessary for , such construction. All con-
struction by: Lessee pursuant to this clause shall be at Lessee' s
sole cost and expense. Lessee shall keep the demised premises
and improvements constructed thereon free and clear of all '
liens for labor and material and shall hold Lessor harmless
from any responsibility in respect thereto.
Lessee shall make no structural alterations to the roof,
walls , or floor of any ,structure which it constructs on the
demised premises, nor shall it alter the contours of the prem-
ises after structures have been completed,. without first obtain-
ing the written consent of Lessor.
Within one hundred twenty (120 ) days after the completion
of the construction period, the Lessee shall provide Lessor
with receipted invoices or, in lieu thereof, such otherevidence
as shall be satisfactory to the Lessor which evidences the total
cost of the structures and improvements made by Lessee , and
which evidences payment of all bills or debts incurred in such
construction and improvement.
All construction performed under this lease shall be in con-
formance with the terms , covenants , and conditions thereof.
10 . COMPLETION BOND. No construction shall be commenced
upon the demised premises by Lessee until Lessee has furnished
15 .
Lessor with a completion bond in the amount of the total esti-
mated construction cost of the improvements described in this
lease to be constructed by Lessee . In lieu of such completion
bond, Lessor will accept the performance and labor and material
bonds supplied by Lessee' s contractor or contractors , provided
said bonds cover construction of all improvements and are issued
jointly to Lessee and Lessor. Said bonds must be issued by a
company authorized to do business in the State of California and
acceptable to Lessor. Said bonds shall be in a form acceptable
to Lessor and shall insure faithful and full observance and per-
formance by Lessee of all the terms , conditions , covenants and
agreements relating to construction of improvements upon the
demised premises by Lessee .
11. OWNERSHIP OF IMPROVEMENTS . All structures and im-
provements , including alterations if any are made, erected or._
constructed by Lessee upon the demised premises , shall remain
the property of Lessee during the term of this lease agreement ,
or any extension or renewal thereof with Lessee . Any improve-
ments made by Lessee from surplus shall be the property of
Lessor. Upon expiration or termination of this lease agreement,
title to all structures and improvements made , erected or con-
structed upon the demised premises shall vest in Lessor.
However, for the purpose of calculating the rental to be
paid by Lessee in the event of any extension or renewal of this
lease with Lessee , all structures and improvements upon the de-
mised premises shall be deemed to be the property of Lessor .
12 . RIGHT OF FIRST REFUSAL TO RE-LEASE . If, at the end
16 .
of the _lease term, Lessor wishes to re-lease the demised premises
for the purposes set out in this lease , Lessee shall have the
right of first refusal to re-lease the demised premises , upon
the condition that Lessee shall have performed in every way in
good faith each and all of the terms , covenants, and conditions
of this lease to the reasonable satisfaction of Lessor.
Lessor shall give Lessee written notice of its intent to
re-lease the demised premises at least sixty (60) days prior to
expiration of the lease term and shall , at that time , present
Lessee with the terms and conditions upon which the demised
premises are to be released.
Lessee shall have thirty ( 30 ) days after such notice within
which to accept or reject the offer to re-lease the demised
premises upon the terms and conditions proposed by Lessor.
If such offer is not accepted within said thirty ( 30) day period,
Lessor may lease the property to anothe^ upon the same terms and
conditions as those offered to Lessee . Lessor agrees , however,
that for one hundred eighty ( 180 ) days after beginning of the
term of such lease , it will not offer different terms and con
ditions to another without first offering Lessee the opportunity
to lease the demised premises upon such different terms and con-
ditions .
In any event , Lessee ' s right of first refusal shall termi-
nate ., absolutely, one hundred eighty (180) days after the end of
the term of this lease No provision of this lease shall be
construed to prevent Lessor or any public body or governmental
corporation from operating the demised premises after termina-
17 .
Lion of thls lease without creation in Lessee of any right of
first refusal .
13 . INSURANCE . Lessee shall maintain insurance accept-
able to Lessor in full force and effect throughout the term
of this Lease , with a carrier or carriers authorized to do
business in California. The policy or policies for said in-
surance shall name Lessor as an insured and shall, as a mini-
mum, provide the following forms of caverago in the amounts
specified:
a. Comprehensive Public Liability :
( 1) $1,000,000 .00 bodily injury , each person;
(2) $3,000,000 .00 bodily injury, each occur-
rence ; and
(3) $150 ,000 .00 property damage .
b . Fire and extended coverage , including water damage
and debris cleanup provisions , in an amount not less than ninety
percent (90%) of the full insurable value of all improvements
constructed or installed by Lessee within the demised premises,
with the proceeds payable to Lessor.
The public liability insurance shall be in force the first
day of the term of this lease . The fire insurance shall be in
force upon the date of completion of construction or instal-
lation of each major insurable improvement by Lessee
Each policy of insurance shall . contain the following clause : `
"IT IS AGREED THAT THIS POLICY SHALL NOT BE
CANCELLED NOR THE COVERAGE REDUCED UNTIL THIRTY
(30 ) DAYS AFTER THE DIRECTOR OF RECREATION
18 .
AND PARKS Ole THE CfTY Ole lRJN`!'1N(A'TON 1�10\clE
SHALL HAVE RECEIVED WRITTEN NOTICE OF SUCH
CANCELLATION OR REDUCTION. THE NOTICE SHALL
BE SENT BY CERTIFIED OR REGISTERED MAIL AND
SHALL BE DEEMED EFFECTIVE THE DATE DELIVERED
TO SAID DIRECTOR, AS EVIDENCED BY PROPERLY
VALIDATED RETURN RECEIPT. "
Lessee agrees to deposit with Lessor, at or before the
time at which any such policy is required to be in effect , two
(2) copies of each policy necessary to satisfy the insurance
provisions of this lease , and to keep such insurance in effect,
and each such policy therefor on deposit with Lessor, during
the entire term of this lease
Lessor retains the right to review at any time the
coverage , form, and amount of insurance required hereby .
If, in the opinion of Lessor, the insurance provisions of
this lease do not provide adequate protection for Lessor and
for members of the public using the demised premises , Lessor
may require Lessee to obtain insurance sufficient in coverage ,
form, and amount to provide adequate protection. Lessor's re-
quirements shall be reasonable but shall be designed to assure
protection from and against the kind and extent of the risks
which exist at the time a change in insurance is required.
Lessor shall notify Lessee in writing of changes in the
insurance requirements and, if Lessee does not deposit copies
of acceptable insurance policies with Lessor incorporating such
changes within sixty (60 ) days of receipt of such notice , this
19
lease shall be in default without further notice to Lessee .
The procuring of such required policy or policies of in-
surance shall not be construed to limit Lessee ' s liability
hereunder nor to fulfill the indemnification provisions and re-
quirements of this lease . Notwithstanding said policy or
policies of insurance , Lessee shall be obligated for the full
and total amount of any damage, injury, or loss caused by or
resulting from negligence or neglect connected with this lease
or caused by or resulting from use or occupancy of the demised`
premises .
14 ASSIGNMENT, SUBLETTING, ENCUMBERING. Any mortgage ,
pledge , hypothecation, encumbrance, transfer, sublease , subcon
cession, or assignment (hereinafter in this clause referred'
to collectively as encumbrance) of Lessee ' s interest in the
demised premises, or any part or portion thereof, shall first
be approved in writing by Lessor. Any encumbrance which has
not been so approved by Lessor in writing shall be void and
shall constitute a breach of this lease .
Occupancy of the demised premises by any prospective
encumbrancee before approval of the encumbrance by Lessor shall
constitute a breach of this lease . The term of any encumbrance
shall be explicitly set by Lessee in writing so that no such
term shall extend past the term of this agreement . Every en-
cumbrance shall contain a written prohibition against holding
over by the encumbrancee after the term of this agreement .
The encumbrance of any stock or interest in the Lessee
corporation in an amount sufficient to permit a change of
20 .
control, by combined vote of minority stockholders or other-
wise, shall be deemed an assignment within the meaning of this
lease .
Should Lessor consent to any encumbrance, such consent
shall not constitute a waiver of any of the terms , covenants ,
or conditions of this lease . Such terms , covenants , or con-
ditions shall apply to each and every encumbrance hereunder
and shall be severally binding upon each and every encumbrances
or other successor in interest of Lessee . Any document of
encumbrance of the demised premises or any part thereof shall
incorporate directly or by reference all of the provisions of
this lease . Lessor may impose reasonable conditions upon the
granting of any consent or approval required by any provision
of this lease .
Lessor agrees that �t will not arbitrarily withhold consent
to any encumbrance, but Lessor may withhold consent at its sole
discretion if any of the following conditions exist :
a. Reasonable cause exists to believe that the pro-
spective encumbrancee is a poor credit risk , is not financially
responsible , or that such prospective encumbrancee may for any
other reason not meet its required commitments to Lessor, to
Lessee, or to the public.
b . Lessee or any of its successors or assigns is in
default of any term, covenant , or condition of this lease , whether
notice of default has or has not been given by Lessor.
C . The prospective encumbrancee has not agreed in
writing to keep , perform, and be bound by all of the terms ,
21 .
covenants , and conditions of this lease .
d. All the terms ,, covenants , and conditions of the
encumbrance , including the consideration therefor of any kind
and every kind, have not been revealed in writing to Lessor.
e . The construction required of Lessee as a condition
of this lease has not been completed to the satisfaction of
Lessor.
f The processing fee of two hundred fifty dollars
($250 ) has not been paid to Lessor for processing each proposed
encumbrance submitted as required by this lease-. Such Process-
ing fee shall be deemed earned by Lessor when paid and shall not
be refundable .
g. Notwithstanding the foregoing provisions , the pro-
posed sublessee or subconcessionaire under a sublease or sub-
concession agreement pertaining to less than all of the leased
premises, shall not be required to undertake obligations jointly
or severally other than the obligations, terms and conditions
of this lease which pertain to the operations which are to be con-
ducted under such sublease or subconcession agreement .
15 . ASSIGNMENT UNDER TRUST DEED. Notwithstanding the ,fore-
going provisions , if requested by Lessee, Lessor agrees to
execute its written consent to an assignment of this lease to a
trustee under a trust deed `for the benefit of a lender (herein
called beneficiary) , upon and subject to the following covenants
and conditions :
a. That the trustee , the beneficiary, and the terms
22 .
of the trust deed are satisfactory to and approved by Lessor in
writing.
b . Said trust deed and all rights acquired thereunder
shall be subject to each and all of the covenants , conditions ,
and restrictions set forth in this lease and to all rights and
interests of Lessor hereunder., except as herein otherwise pro-
vided.
c In the event of any conflict between the provisions
of this lease and the provisions of any such trust deed, the
provisions of this lease shall control .
d. Upon and immediately after the recording of a trust
deed affecting the demised premises , Lessee, at Lessee's expense ,
shall cause to be recorded in the Office of the County `Recorder ,
Orange County, California, a written request , executed and
acknowledged by Lessor, for a copy of any notice of default and
of any notice of sale under the trust deed as provided by the
statutes of the State of California relating thereto
e At the time of requesting consent to a trust deed,
Lessee shall furnish to Lessor a complete copy of the trust deed
and note to be secured thereby, together with the name and address -
of the prospective holder thereof'.
16 . CURE BY TRUST DEED BENEFICIARY OF DEFAULT OR BREACH.'
Lessor agrees that it will not terminate this lease because of a
default or breach on the part of Lessee if the beneficiary under
any trust deed to which Lessor has given its consent, within
sixty (60) days after service of written notice on the beneficiary
by Lessor of its intention to terminate this lease for such
23 .
default or breach, shall;
a. Cure such default or breach if the same can be
cured by the payment or expenditure of money required to be paid
under the terms of this lease ., or if such default or breach is
not so curable , to cause the trustee under the trust deed to
commence and thereafter to diligently pursue to completion steps
and proceedings for the exercise of the power of sale under and
pursuant to the trust deed in the manner provided by law; and
b . Keep and perform all of the covenants and conditions
of this lease requiring the payment or expenditure of money _by
Lessee until such time as the leasehold shall be sold upon fore-
closure and pursuant to the trust deed or shall be released ' or
reconveyed thereunder; provided, however, that if the beneficiary
shall fail or refuse to comply with any or all of the conditions
of this paragraph, then and thereupon Lessor shall be released
from its covenant of forbearance .
17 TRANSFER OF LEASEHOLD BY FORECLOSURE. The prior written
consent of Lessor shall not be required:
a. To- a transfer of the leasehold by foreclosure sale
pursuant to a trust deed by judicial foreclosure , trustee 's sale ,
or by an assignment in lieu of foreclosure; or
b . To any subsequent transfer by the beneficiary if
the beneficiary is an established bank, savings and loan associ-
ation,, or insurance company, and is the purchaser at such fore-
closure sale .
Provided, that in either such event , the beneficiary
forthwith gives notice to Lessor in writing of any such trans-
fer, setting forth the name and address of the transferee,
24 .
the effective date of such transfer and the express agreement
of the transferee assuming and agreeing to perform all ofthe
obligations under this lease , and submits to Lessor a copy of,
the document by which such transfer was made .
18. BILLBOARDS AND SIGNS . Lessee agrees that it will not
construct nor maintain upon the demised premises any billboards
or advertising sign , which will be ,visible from the outside of
any buildings on the demised premises except those previously
approved in writing; by Lessor.
19 . HOLD HARMLESS . Lessee shall indemnify and save and
hold harmless Lessor, its officers , agents, and employees from
and against any claim, demand, loss, or liability of any kind or
nature which Lessor, its officers , agents and employees may
sustain or incur or which may be imposed upon them or any of
them for injury to or death of persons or for damage to prop-
erty, arising out of or in any manner connected with the negli-
gence or lack of care or other basis for liability of Lessee ,
its officers , agents or employees in use of the demised prem-
ises , or for any cause related to the occupancy or use by
Lessee of the demised premises . The term "indemnify" shall in
elude payment to Lessor of the reasonable value of the services
of its attorneys in any litigation on any indemnified cause of
action brought against Lessor.
20 . DEFAULT. Should Lessee default in the performance, of
any covenant , condition or agreement contained herein, and such
default is not corrected within a reasonable time after written
notice to it by Lessor, Lessor may declare this lease and
25 .
all rights and interests created thereby to be terminated.
In any suit by Lessor based on breach of the terms of this
lease , in which suit Lessor shall prevail, Lessee shall as
a part of any judgment be liable to Lessor for a reasonable
attorney fee .
21 UNLAWFUL USE. Lessee agrees that no improvement
shall be erected, placed upon, operated or maintained on the
demised premises , nor shall business be conducted or carried
on thereon, in violation of the terms of this lease , or of any
regulation, order of law, statute, bylaw, or ordinance of any
governmental agency having jurisdiction thereover.
22 . NOTICES . Notices given by Lessor or Lessee to the
other shall be in writing and shall be addressed to the appro-
priate address hereinafter set forth or to such other address as
Lessor or Lessee may hereafter designate by written notice
To Lessor:
Director of Recreation and Parks
Post Office Box 190
Huntington Beach, California 92648
To Lessee :
Huntington Central Park Concession Co .
3500 East Coast Highway
Corona Del Mar, California 92625
23 . AMENDMENTS TO BE IN WRITING. This lease sets forth
the entire agreement and understanding of the parties and is
not subject to modification except in writing.
;,)I , l'XCUSABLE; BREACH If either party hereto shall
be delayed or prevented from the performance of any act re
26 .
quired hereunder by reason of an act of God, or other cause
which is as a matter of law beyond the control of the party
obligated (financial inability excepted) , performance of such
act shall be excused for the period of the delay; and the
period for the performance of any such act shall be extended
for a period equivalent to the period of such delay . However, _
noth ng; in this clause shall excuse Lessee from the prompt
payment of any rental or other charge required of Lessee , ex-
cept as may be expressly provided elsewhere in this lease
25 . PARTIAL INVALIDITY. If any term, covenant , condition,
or provision of this lease is held by a court of competent
jurisdiction to be invalid, void, or unenforceable, the remainder
of the provisions hereof shall remain in full force and effect
and shall in no way be affected, impaired, or invalidated there-
by .
26 . WAIVER OF RIGIITS . The failure of Lessor or Lessee to
insist upon strict performance of any of the terms , covenants,
or conditions of this lease shall not be deemed` a waiver of any
right or remedy that Lessor or Lessee may have, and shall not
be deemed a waiver of the right to require strict performance
of any term, covenant , or condition of the lease thereafter nor
a waiver of any remedy for the subsequent breach or default of
any term, covenant , or condition of the lease .
27 . TAXES AND ASSESSMENTS. All taxes or assessments
which become due and payable upon the demised premises or upon
fixtures, equipment , or other property installed or con-
2 .
7
structed thereon, shall be the full responsibility of Lessee ,
and Lessee shall cause said taxes and assessments to be paid
promptly . Lessee shall promptly pay all other taxes or con-
tributions or withholdings due to any governmental entity,
and shall not become delinquent in the payment thereof.
28 . EMINENT DOMAIN. Eminent domain proceedings result-
ing in a final judgment of condemnation of a part of the
demised premises , or in an agreed settlement under threat of
condemnation, which proceedings or settlement leave the re-
mainder of the property useable by Lessee for the purposes
for which the same are demised, shall not terminate this
lease . The effect of such condemnation or settlement , shall
be to terminate the lease as to the portion of the premises
condemned, and leave it in effect as to the remainder of
the premises . Lessee ' s rental for the remainder of the lease
term shall in such case be reduced in an amount equivalent to
the value of any decrease in usefulness of the premises for
the purposes for which demised.
The compensation awarded in an eminent domain proceeding`
or received in any settlement under threat of condemnation by
the taking of the land and improvements and the resulting impair-
ment of this lease aL,, to the premises or the portion of the
premises taken shall be allocated between Lessee and 'Lessor,
based upon the relative economic value of (a) the lease or the
portion of the lease which is impaired by the taking, and (b )
the rental receipts from the premises or from the portion of
the premises taken and the leasehold property or portion taken
28 .
when the value of such property i:.s, con:�idered as a remainder at
the end of the term of the Tease .
If Lessor is the agency exercising the power of eminent
domain so that the property interest taken is Lessee 's lease-
hold interest , all compensation awarded in the eminent domain
proceeding or in any settlement under threat of condemnation
shall be the property of Lessee .
29 . BANKRUPTCY, EXECUTION UNDER JUDGMENT, FAILURE TO PAY
DEBTS WHEN DUE. Either (a) the appointment of a receiver
to take possession of all or substantially all of the assets
of Lessee , or (b ) a general assignment by Lessee for the
benefit of creditors , or (c) voluntary or involuntary bank-
ruptcy of Lessee, or (d) a levy of execution upon any prop-
erty of Lessee under any final judgment against Lessee or (e) a`
failure by Lessee to pay any debt when due , shall: constitute
a breach of this lease .
30 . DESTRUCTION OF IMPROVEMENTS In the event of
destruction or partial destruction or damage by fire or other
casualty of or to any , improvement on the demised premises, re-
pairing or rebuilding of such improvement shall be by Lessor,
but Lessor shall not be required to expend on such repairing
or rebuilding any amount greater than the casualty insurance
proceeds which have been received. The rent payable by Lessee
shall be reduced until completion of such repair or rebuilding
in proportion to the gross income lost by Lessee by reason of
tiie destruction. Upon destruction or damage of improvements to
t.ae extent of fifty percent (50%) or more of the value of the
29 .
` total improvements , this lease shall be cancelable at the option_
of Lessee .
31 . SUCCESSORS IN INTEREST. Unless otherwise provided
in this lease , the terms , covenants , and conditions contained
herein shall apply to and bind the heirs, successors , executors ,
administrators , and assigns of all the parties hereto, all of
whom shall be jointly and severally liable hereunder.
32 . MAINTENANCE. Lessee agrees to repair and maintain,
as reasonable and necessary, all improvements constructed on
the demised premises , in good order and repair, and to keep the
said premises in a neat, clean, and orderly condition. This
includes , but is not limited to, the prevention of the
accumulation of any refuse or waste materials which might
be or constitute a fire or health hazard or a public or
private nuisance . Lessee shall not be liable to Lessor
for failure to make reasonable and necessary repairs , or for
improper maintenance , until after written notice from Lessor's
Director of Recreation and Parks of the need of such repair
or maintenance . If, however, after what the Director of
Recreation and Parks deems a reasonable time, Lessee fails
to make such repair or maintenance , Lessor may cause to have
such repair and maintenance made and add the cost thereof to
the rent thereafter accruing. If said costs are not paid
promptly by Lessee , this lease shall be deemed to be in de-
fault . This Paragraph shall not be construed to require
repeated notices by Lessor.
The City shall maintain the park area contiguous to the
30
demised premises and in so doing agrees to use its best
efforts to keep said contiguous area in `a clean and health-
ful condition and in a first class state of repair. Lessor
.,hall allow the park to be open to the: public during the
hours of operation of the facilities operated on the demised
premises .
33 • INSPECTION . Lessor or its authorized representative
shall have the right at all reasonable times to inspect the
subject premises to determine compliances with the provisions
of this Tease .
34 . PRICES AND QUALITY OF SERVICE. Lessee shall at all
times maintain a schedule of the prices charged for all goods
or services , or combinations thereof, supplied to the public
on or from the demised premises whether the same are supplied
by Lessee or by its sublessees , assignees , concessionaires ,
subconcessionaires , permittees , or licensees, and shall make
said schedule available to the Director of Recreation and Parks
upon his written request. Said prices shall be fair and
reasonable , based upon the following considerations :
a. The demised premises are intended to serve a
public use and to provide needed facilities to the public
at a fair and reasonable cost .
b . Lessee is entitled to a fair and reasonable pro-
fit .
In the event the Director of Recreation and Parks notifies
Lc,ssFe that any scheduled price i:,, not fair and reasonable in
his opirilon, and Lessee does not modify said price as requested
31 .
by the Director, an appeal may be taken by either party to the
Recreation and Parks Commission, which shall upon notice and
rearing determine within thirty (30 ) days after appeal the
price to be charged. Such decision of the commission shall be
based on the above considerations and shall be final and con-
clusive ., subject, however, to review by a court of competent
jurisdiction to determine whether or not the determination has
been made arbitrarily . Pending such appeal, any such price
schedule by the Lessee shall be the maximum charged by
Lessee
The foregoing provisions as to possible modification of
scheduled prices by the Recreation and Parks Commission shall
not apply to food and drink prices in the restaurant and cocktail
bar, it being recognized by both parties that the prides which
may be charged there will be regulated by the necessity of com-
petition with other restaurants and bars .
Before commencing business operations within the demised
premises , Lessee shall propose to the Director, for his ap-
proval, the time of operating; schedules and general operating
procedures for each and every separate business or service activ-
i.ty of Lessee. Said schedules and procedures shall be designed
so that all of the . ervices to be provided under the terms of
this lease shall be made available to the public to the
_ fullest extent reasonably possible . All. changes proposed in
said schedules and procedures shall be submitted to the Director
for his approval ten (10 ) days before implementation.
in the event the Director does not approve the proposed
32 •
r
schedules and procedures , or changes therein, Lessee shall
have the right to confer with the Director and to present
reasons for proposing such schedules and procedures . If, after
conferring with Lessee, the Director continues to disapprove
such proposed schedules and procedures, the Director shall
make such changes therein as he deems reasonably proper, and
Lessee shall institute such changes . Lessee may, however,
appeal the matter to the Recreation and Parks Commission, whose
decision shall be final and conclusive . Lessee agrees to oper-
ate in accordance with the schedulesand procedures approved
by the Director, or if appealed to the Recreation and Parks
Commission, in accordance with the decision of said Commission .
Lessee 's failure .to comply with said schedules and procedures
shall be cause for immediate termination of this lease .'
Primary consideration shall be given, to the public pur-
pose of the park in implementing this clause . Lessee agrees
that it ,will operate and manage the services and facilities
offered in a competent and efficient manner at least compar'--
able to other well-managed operations of similar type and
character. Lessee shall at all times retain active , qualified,
competent , and experienced personnel to supervise Lessee 's op-
eration and to represent and act for Lessee . Lessee shall re-
quire subtenants and employees to be properly dressed and groomed,
clean, courteous , efficient , and neat in appearance at all times .
Lessee shall not permit any person or persons employed in or
about the demised premises to use offensive language or act in a
loud, boisterous , rude , discourteous , or otherwise improper"
33 .
manner. Lessee shall maintain a close check over attendants
and employees to insure the maintenance 'of a high standard of
service to the public . Lessee shall replace any employee whose
conduct is detrimental to the best interests of the public .
35 . UTILITIES . Lessor shall construct, or cause to be
constructed, and pay for, the main utility lines , including
sewer, water, gas, telephone, and electricity, to the demised
premises .
Lessee shall construct , or cause to be constructed, and
shall pay for all utilities within the demised premises except
-those which are agreed upon to be the responsibility of Lessor.
36 . OTHER OPERATIONS AND FACILITIES . During the term of
this lease , Lessee shall have the sole right in Huntington
Central Park to sell merchandise; food, and beverages , to rent
equipment and facilities for recreation, and to provide services ,
all as set forth herein, except as such right is relinquished
as hereinafter provided.
a. If Lessee does not complete construction of a
restaurant , cocktail bar, and related parking facilities within;
five (5) years of the date of this lease , any portion of the
demised premises which may have been reserved for that purpose
shall be eliminated from the demised premises . Thereupon any
provisions herein applicable to the restaurant and cocktail
bar shall be disregarded and Lessor shall be free to enter into
a lease with any other person for such operations on said portion
of the park.
34 .
b . If at any time during the term of this Lease ,
Lessor should desire to initiate any recreational activity in
Huntirigton Central Park, Lessor shall notify Lessee of such
desire and Lessee, if it wishes to, operate such activity, shall
propose to Lessor its plans and a schedule of charges and per-
centage rentals which shall apply to the gross receipts there-
from. If such plans and proposal are accepted by Lessor, they
shall be implemented by Lessee as proposed. If such plans and
proposal are not accepted by Lessor, or if Lessee should not
submit any plans or proposal to Lessor within sixty (60) days
after notification by Lessor, Lessor shall have the right to
solicit offers from others for concessions to operate such
recreational activity . If Lessor recfives offers , Lessee shall
have the right to meet and equal the best offer which Lessor
receives and to enter into a contract accordingly, provided
that Lessee notifies Lessor of its intent to do so within five
(5) days after being notified by Lessor of the terms and con-
ditions that it would thus be required to meet and equal. If
Lessee does not so elect to meet and equal said terms within
said five (5) days , Lessee shall have no further interest in
conducting such activity .
This paragraph shall not be applied to permit Lessor to
offer to others the right to conduct recreational activities
similar to those then being conducted by Lessee hereunder.
This paragraph shall not restrict Lessor from constructing and
operating facilities free to the public which are not similar
to those then being conducted by Lessee hereunder.
35 .
C . The Huntington Beach Department of Recreation and
Parks may operate vending machines and concessions solely for
use by its own employees and; Lessee shall have no interest in
such operations or the proceeds therefrom.
37 . GUARANTEE. The guarantee appearing at the foot of
this lease will be executed personally by Lessee ' s sole stock-
holder. It is proposed to invest the minimum sum of $75 ,000
cash to capitalize the Lessee corporation, said amount to be paid
in for 7 ,500 shares of $10 par value capital stock, none of which
stock shall be pledged or otherwise encumbered. It is further
proposed that of the $75,000 cash so paid in to the corporation,
$60,000 will be expended on construction of facilities on the
demised premises , and $15 ,000 thereof will be ; used for operating
capital.
Upon proof that said $75 ,000 has been so paid in ,and has
been so expended by Lessee, the said guarantee shall be subject
to cancellation.
38. TIME Time is of the essence of this lease .
CITY OF HUNTINGTON BEACH, a
municipal corporation, Lessor, v,
7
By
Mayor
ATTEST: APPROVED AS TO FORM:
City+ erk City J%
36 .
• HUNTINGTON CENTRAL PARK CONCESSION
CO. , a California corporation,
Lessee,
Y
By
CHARLES PRENTICE TAYLOR
President
By
JEAN E (, ,AHAR
Secretary
STATE OF CALIFORNIA )
SS .
COUNTY OF ORANGE )
On December 4 , 1972 before me , the undersigned, a Notary
Public in and for said State , personally appeared CHARLES
PRENTICE TAYLOR and JEAN E . MAHAR, known to me to be respectively
the President and the Secretary of the corporation that executed
the within instrument , and to be the persons who executed the
within instrument on behalf of the corporation therein named,
and each 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 . ❑Illtll;i;lil l;l
Of FIC.lAL.SEA'
Signature ,ctcl_ L ,�� : `� �. Anne-Hathaway Brunson
i isyi' F1it•;l I Al ';;i I I
ANNE-HATHAWAY BRUNSON x' ORANCf COONTY
Name Typed or Printed _ My Commission Expires June 6, E973
GUARANTEE
I do hereby as surety guarantee the performance by Lessee
of each and every covenant in the foregoing lease .
FLORENCE E. DEVENDORF
37 .
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9.L-7'vrneR�wITN s '�IwJva fSxRgEq YnaE
Res. No. 3615
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss :
CITY OF HUNTINGTON BEACH )
I , PAUL C. JONES, 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 hereby
certify that the whole number of members of the City Council
of the City of Huntington Beach is seven; that the foregoing
resolution was passed and adopted by the affirmative vote of
more than a majority of all the members of said City Council
at a regular meeting thereof held on the 4th
day of December , 19 72 , by the following vote:
AYES: Councilmen:
Shipley, Bartlett, Gibbs, Green, Matney, Duke, Coen
NOES: Councilmen:
None
ABSENT: Councilmen:
None
PAUL C. TnNyq
City Clerk and ex-officio Clerk
of the City Council of the City
of Huntington Beach, California
By
Assistant City Clerk